[Rev. 11/14/2017 12:11:46 PM]

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CHAPTER 523, SB 244

Senate Bill No. 244–Senators Ratti, Cannizzaro, Ford; and Goicoechea

 

Joint Sponsor: Assemblywoman Swank

 

CHAPTER 523

 

[Approved: June 9, 2017]

 

AN ACT relating to historic preservation; requiring notice and consultation with Indian tribes with regard to native Indian human remains, funerary objects and other cultural items under certain circumstances; requiring the Museum Director of the Nevada State Museum and the Office of Historic Preservation of the State Department of Conservation and Natural Resources to adopt regulations concerning the process for repatriation of prehistoric native Indian human remains and funerary objects; revising the membership of certain related boards and commissions; increasing the penalties for the defacement of prehistoric sites, historic sites and Indian burial sites; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the preservation of historic sites and prehistoric sites. Pursuant to these provisions a permit is generally required to investigate, explore or excavate a historic site or prehistoric site on federal or state lands or to remove any object from such a site. (NRS 381.197) For the purposes of these provisions, existing law provides that a “historic site”: (1) dates from the middle of the 18th century until 50 years before the current year; and (2) is a site, landmark or monument of historical significance that pertains to the history of the settlement of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials. Existing law further provides that a “prehistoric site”: (1) dates from before the middle of the 18th century; and (2) is any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe. (NRS 381.195)

      Section 6 of this bill: (1) prohibits a person from excavating a site on private lands located in this State that the person knows is a prehistoric Indian burial site unless the person first obtains a permit from the Museum Director of the Nevada State Museum; and (2) provides that a person is not required to obtain such a permit to engage in lawful activity on private lands if that activity is engaged in exclusively for purposes other than the excavation of a prehistoric Indian burial site. Section 6 requires the Museum Director to adopt regulations governing such a permit, including, without limitation, regulations setting forth the procedures for obtaining and renewing such a permit.

      Section 5.5 of this bill provides that notwithstanding any provision of chapter 381 of NRS to the contrary: (1) a person is not required to obtain a permit pursuant to section 6 if the person has obtained a permit pursuant to federal law for the same purpose; and (2) the Administrator of the Division of Museums and History of the Department of Tourism and Cultural Affairs, the Museum Director of the Nevada State Museum or the museum director of an institution of the Division are not required to comply with certain requirements concerning notice to, consultation with or returning items to an Indian tribe if the Administrator or a museum director, as applicable, provides such notice to or consultation with or returns items to the Indian tribe in accordance with the repatriation process required pursuant to federal law.

 


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      Sections 5 and 26 of this bill require both the Museum Director of the Nevada State Museum and the Office of Historic Preservation of the State Department of Conservation and Natural Resources to adopt regulations that set forth the process for repatriation of prehistoric native Indian human remains and funerary objects falling within the purview of each state agency.

      Section 10 of this bill requires native Indian human remains or other cultural items of an Indian tribe to be returned to the closest culturally affiliated Indian tribe in accordance with the repatriation process provided in the regulations adopted pursuant to section 5 if the human remains or other items were deemed abandoned by the institution of the Division that held the property.

      Sections 16 and 22 of this bill require prehistoric native Indian human remains or funerary objects to be returned to the closest culturally affiliated Indian tribe in accordance with the repatriation process provided in the regulations adopted pursuant to section 5 if the human remains or funerary objects were: (1) found or discovered pursuant to certain permits to investigate, explore or excavate historic or prehistoric sites; or (2) seized by law enforcement officers as taken or collected on historic or prehistoric sites without a required permit.

      Section 19 of this bill requires the Museum Director to provide notice and consultation with the applicable Indian tribes with regard to certain reports made by a holder of certain permits to investigate, explore or excavate historic or prehistoric sites if work done, material collected or other pertinent data contained in the report pertains to prehistoric native Indian human remains or a funerary object.

      Section 26.5 of this bill provides that notwithstanding any provision of chapter 383 of NRS to the contrary, the Office of Historic Preservation is not required to comply with certain requirements concerning notice to, consultation with or returning items to an Indian tribe if the Office provides such notice to or consultation with or returns items to the Indian tribe in accordance with the repatriation process required pursuant to federal law.

      Section 33 of this bill: (1) revises the procedure that is required to take place upon the discovery of an Indian burial site on private or public land; and (2) provides that such procedure does not apply, under certain circumstances, to a permit issued pursuant to section 6 of this bill or while a person is engaged in a lawful activity if that person is subject to certain agreements.

      Sections 34 and 37 of this bill increase the penalties for: (1) the willful removal, mutilation, defacement, injury or destruction of a native Indian cairn or grave to $2,000 for the first offense and $4,500 for the second or subsequent offense; and (2) the knowing and willful removal, mutilation, excavation, defacement, injury or destruction of a historic or prehistoric site or the trafficking of cultural property obtained from state land without a permit to $1,000 for a first offense and $3,500 for a second or subsequent offense. Section 34 further provides that the penalty for the willful removal of a native Indian cairn or grave only applies to a person who removes such a cairn or grave without any required permit.

      Sections 8 and 38 of this bill expand the membership of both the Board of Museums and History and the Commission for Cultural Centers and Historic Preservation to include a member on the Board and on the Commission who is appointed by the Governor after giving consideration to any recommendation of an enrolled member of a Nevada Indian tribe which is submitted by the Nevada Indian Commission, after consultation with the Inter-Tribal Council of Nevada, Inc., or its successor organization.

 


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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. Chapter 381 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. 1.  In providing notice and consultation with Indian tribes as required by this chapter, the museum director of an institution shall immediately notify, in writing, and initiate consultation with any Indian tribe:

      (a) Who is or is likely to be culturally affiliated with the applicable artifact or site;

      (b) On whose aboriginal lands the applicable artifact was discovered or the site was located; or

      (c) Who is reasonably known to have a direct cultural relationship to the applicable artifact or site.

      2.  The written notice must include a proposed time and place for the consultation with the museum director.

      Sec. 3. The museum director of an institution shall use the criteria for determining cultural affiliation set forth in 43 C.F.R. § 10.14 to determine which Indian tribe has the closest cultural affiliation, if any, with regard to particular artifact or site.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5. 1.  The Museum Director of the Nevada State Museum shall adopt regulations as necessary to carry out the provisions of sections 2 to 5.5, inclusive, of this act and NRS 381.195 to 381.227, inclusive, and section 6 of this act, including, without limitation, regulations which set forth the process for repatriation of prehistoric native Indian human remains and funerary objects.

      2.  Any regulations adopted pursuant to this section must be developed in consultation with Indian tribes and incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes during the consultation with the Museum Director.

      Sec. 5.5. Notwithstanding any provision of this chapter to the contrary:

      1.  A person is not required to obtain a permit pursuant to section 6 of this act if the person has obtained a permit pursuant to federal law for the same purpose; and

      2.  The Administrator, Museum Director of the Nevada State Museum or the museum director of an institution are not required to provide notice to, consult with or return items to an Indian tribe as required pursuant to this chapter if the Administrator, Museum Director of the Nevada State Museum or the museum director, of the institution, as applicable, provides such notice to, consults with or returns items to the Indian tribe in accordance with the repatriation process required pursuant to federal law.

 

 

 

 


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      Sec. 6. 1.  A person shall not excavate a site on private lands located within this State that the person knows is a prehistoric Indian burial site unless the person first obtains a permit issued by the Museum Director.

      2.  A person is not required to obtain a permit pursuant to subsection 1 to engage in a lawful activity on private lands, including, without limitation, construction, mining, mineral exploration, logging, farming, ranching or a federally authorized activity conducted in compliance with the National Historic Preservation Act, 54 U.S.C. § 300100 et seq., if that activity is engaged in exclusively for purposes other than the excavation of a prehistoric Indian burial site.

      3.  The Museum Director shall adopt regulations governing a permit issued pursuant to subsection 1. The regulations must, without limitation:

      (a) Set forth the process for obtaining and renewing a permit required pursuant to subsection 1;

      (b) Set forth the qualifications of an applicant for such a permit;

      (c) Require notice to and consultation with the applicable Indian tribes throughout the permitting process in the manner provided by section 2 of this act;

      (d) Provide for the enforcement of the provisions of this section, including, without limitation, the examination of the permit of a person claiming privileges pursuant to this section; and

      (e) Fully protect the constitutional rights of property owners.

      4. Any regulations adopted pursuant to this section must be developed in consultation with Indian tribes and incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes during the consultation with the Museum Director.

      5.  As used in this section, “Indian burial site” has the meaning ascribed to it in NRS 383.150.

      Sec. 7. NRS 381.001 is hereby amended to read as follows:

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

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

      2.  “Board” means the Board of Museums and History.

      3.  “Cultural affiliation” or “culturally affiliated” means that there is a relationship of shared group identity that may be reasonably traced historically or prehistorically between a present-day Indian tribe and an identifiable earlier group which is associated with a particular artifact or site.

      4.  “Department” means the Department of Tourism and Cultural Affairs.

      [4.] 5. “Director” means the Director of the Department.

      [5.] 6. “Division” means the Division of Museums and History of the Department.

      [6.] 7.  “Funerary object” means an object that, as a part of the death rite or ceremony of an Indian tribe is reasonably believed to have been placed with individual prehistoric native Indian human remains either at the time of death or later.

      8.  “Historic” has the meaning ascribed to it in NRS 381.195.

      9.  “Historic structures, buildings and other property of the Nevada State Prison” means the structures, buildings and other property described in paragraph (b) of subsection 1 of NRS 321.004.

      [7.] 10.  “Indian tribe” has the meaning ascribed to it in NRS 383.011.

 


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      11.  “Institution” means an institution of the Division established pursuant to NRS 381.004.

      [8.] 12.  “Museum director” means the executive director of an institution of the Division appointed by the Administrator pursuant to NRS 381.0062.

      13.  “Prehistoric” has the meaning ascribed to it in NRS 381.195.

      Sec. 8. NRS 381.002 is hereby amended to read as follows:

      381.002  1.  The Board of Museums and History, consisting of [eleven] twelve members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint to the Board:

      (a) Five representatives of the general public who are knowledgeable about museums.

      (b) Six members representing the fields of history, prehistoric archeology, historical archeology, architectural history, and architecture with qualifications as defined by the Secretary of Interior’s standards for historic preservation in the following fields:

             (1) One member who is qualified in history;

             (2) One member who is qualified in prehistoric archeology;

             (3) One member who is qualified in historic archeology;

             (4) One member who is qualified in architectural history;

             (5) One member who is qualified as an architect; and

             (6) One additional member who is qualified, as defined by the Secretary of Interior’s standards for historic preservation, in any of the fields of expertise described in subparagraphs (1) to (5), inclusive.

      (c) One member, after giving consideration to any recommendation of an enrolled member of a Nevada Indian tribe which is submitted by the Nevada Indian Commission, after consultation with the Inter-Tribal Council of Nevada, Inc., or its successor organization.

      3.  The Board shall elect a Chair and a Vice Chair from among its members at its first meeting of every even-numbered year. The terms of the Chair and Vice Chair are 2 years or until their successors are elected.

      4.  With respect to the functions of the Office of Historic Preservation, the Board may develop, review and approve policy for:

      (a) Matters relating to the State Historic Preservation Plan;

      (b) Nominations to the National Register of Historic Places and make a determination of eligibility for listing on the Register for each property nominated; and

      (c) Nominations to the State Register of Historic Places and make determination of eligibility for listing on the Register for each property nominated.

      5.  With respect to the functions of the Division, the Board shall develop, review and make policy for investments, budgets, expenditures and general control of the Division’s private and endowed dedicated trust funds pursuant to NRS 381.003 to 381.0037, inclusive.

      6.  In all other matters pertaining to the Office of Historic Preservation and the Division of Museums and History, the Board serves in an advisory capacity.

      7.  The Board may adopt such regulations as it deems necessary to carry out its powers and duties.

      Sec. 9. (Deleted by amendment.)

 


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      Sec. 10. NRS 381.009 is hereby amended to read as follows:

      381.009  1.  Any property held by an institution for 3 years or more, to which no person has made claim, shall be deemed to be abandoned and , except as otherwise provided in subsection 4, becomes the property of the Division if the Administrator complies with the provisions of subsection 2.

      2.  The Administrator shall cause to be published in at least one newspaper of general circulation in the county in which the institution is located at least once a week for 2 consecutive weeks a notice and listing of the property. The notice must contain:

      (a) The name and last known address, if any, of the last known owner of the property;

      (b) A description of the property; and

      (c) A statement that if proof of a claim is not presented by the owner to the institution and if the owner’s right to receive the property is not established to the Administrator’s satisfaction within 60 days after the date of the second published notice, the property will be considered abandoned and become the property of the Division.

      3.  If no claim has been made to the property within 60 days after the date of the second published notice, title, including literary rights, to the property vests in the Division, free from all claims of the owner and of all persons claiming through or under the owner.

      4.  If property deemed to be abandoned pursuant to subsection 1 is native Indian human remains or another cultural item of an Indian tribe, the Administrator shall:

      (a) Provide notice to and consult with each applicable Indian tribe in the manner provided by section 2 of this act;

      (b) Determine which Indian tribe has the closest cultural affiliation to the human remains or other cultural item, in the manner provided by section 3 of this act; and

      (c) Return the human remains or other cultural item to the closest culturally affiliated Indian tribe in the manner provided by the repatriation process adopted pursuant to section 5 of this act, if a request for repatriation is made.

      5.  To be deemed an object of cultural significance, an object must have ongoing historical, traditional or cultural importance central to an Indian tribe or culture itself, rather than property owned by a member of an Indian tribe, and which, therefore, cannot be alienated, appropriated or conveyed by any person, regardless of whether the person is a member of the Indian tribe. The object must have been considered inalienable by the Indian tribe at the time the object was separated from such group.

      6.  As used in this section:

      (a) “Cultural item” means human remains, a funerary object, a sacred object or an object of cultural significance.

      (b) “Object of cultural significance” means an object which meets the qualifications of subsection 5.

      (c) “Sacred object” means a historic or prehistoric object that was or is needed by traditional religious leaders of an Indian tribe for the practice of the traditional religion of an Indian tribe.

      Sec. 11. NRS 381.195 is hereby amended to read as follows:

      381.195  As used in NRS 381.195 to 381.227, inclusive [:] , and section 6 of this act:

 


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      1.  “Historic” means from the middle of the 18th century until 50 years before the current year.

      2.  “Historic site” means a site, landmark or monument of historical significance pertaining to the history of the settlement of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.

      3.  “Museum Director” means the Museum Director of the Nevada State Museum.

      4.  “Prehistoric” means before the middle of the 18th century.

      5.  “Prehistoric site” means any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe.

      Secs. 12 and 13. (Deleted by amendment.)

      Sec. 13.5. NRS 381.199 is hereby amended to read as follows:

      381.199  1.  An applicant is required to secure, from the Museum Director, or an agent designated by the Museum Director, a permit described in NRS 381.197 for the investigation, exploration or excavation of any state or federal lands within the boundaries of the State of Nevada.

      2.  If the land to be investigated, explored or excavated is owned or held by the United States, the applicant is also required to secure a permit from the proper authorities in accordance with the provisions of 16 U.S.C. §§ 431 to 433, inclusive.

      Sec. 14. NRS 381.201 is hereby amended to read as follows:

      381.201  1.  The Museum Director may designate any state board, state department, division of a state department or state institution as an agent for the purpose of issuing permits [. The agency so designated may adopt regulations relating to investigations, explorations or excavations carried out pursuant to any permit issued by that agency.] pursuant to NRS 381.195 to 381.227, inclusive, and section 6 of this act.

      2.  If the Museum Director designates an agent pursuant to subsection 1:

      (a) The agent must act in the manner in which the Museum Director is required to act pursuant to provisions of NRS 381.195 to 381.227, inclusive, and section 6 of this act, and any regulations adopted pursuant thereto; and

      (b) The Museum Director must ensure that the agent acts in the manner in which the Museum Director is required to act pursuant to provisions of NRS 381.195 to 381.227, inclusive, and section 6 of this act, and any regulations adopted pursuant thereto.

      Sec. 15. NRS 381.203 is hereby amended to read as follows:

      381.203  1.  In order to qualify as the recipient of a permit [,] described in NRS 381.197, the applicant must show:

      (a) That the investigation, exploration or excavation is undertaken for the benefit of a reputable museum, university, college or other recognized scientific or educational institution, with a view of increasing knowledge.

      (b) That the gathering is made for permanent preservation in public museums or other recognized educational or scientific institutions.

      (c) That the applicant possesses sufficient knowledge and scientific training to make such an investigation, exploration or excavation.

      (d) The location of the site where the applicant proposes to investigate, explore or excavate.

 


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      2.  The Museum Director may prescribe reasonable regulations for carrying out such investigations, explorations or excavations.

      Sec. 15.5. NRS 381.205 is hereby amended to read as follows:

      381.205  Upon granting [the] a permit [,] described in NRS 381.197, the Museum Director shall immediately notify the Office of Historic Preservation, the sheriff in the county in which the permit is to be exercised, and personnel of the Nevada Highway Patrol controlling the state roads of the district embracing the site in which the permit is to be exercised.

      Sec. 16. NRS 381.207 is hereby amended to read as follows:

      381.207  1.  The holder of a permit [,] described in NRS 381.197, except as otherwise provided in subsections 2 and 3, who does work upon aboriginal mounds and earthworks, ancient burial grounds, prehistoric sites, deposits of fossil bones or other archeological and vertebrate paleontological features within the State shall give to the State 50 percent of all articles, implements and materials found or discovered [,] of which the holder retained possession after completion of the process set forth in subsection 4, to be deposited with the Nevada State Museum, for exhibition or other use within the State as determined by the Museum Director. The Museum Director may accept less than 50 percent of such items. Upon receipt of items pursuant to this subsection, the Museum Director shall notify the Office of Historic Preservation.

      2.  The holder of a permit described in NRS 381.197 who does any such work within the State under the authority and direction of the Nevada Historical Society, the Nevada State Museum Las Vegas, or an institution or political subdivision of the State shall give 50 percent of all articles, implements and materials found or discovered of which the holder retained possession after completion of the process set forth in subsection 4, to the Society, institution or political subdivision. The holder of the permit may retain the other 50 percent.

      3.  If the Nevada Historical Society, the Nevada State Museum Las Vegas, or an institution or political subdivision of the State is the holder of the permit, it may retain all articles, implements and materials found or discovered [.] of which it retained possession after completion of the process set forth in subsection 4.

      4.  If any of the articles, implements or materials found or discovered are prehistoric native Indian human remains or funerary objects, the Museum Director shall:

      (a) Provide notice to and consult with each applicable Indian tribe in accordance with section 2 of this act;

      (b) Determine which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects in accordance with section 3 of this act; and

      (c) Return any prehistoric native Indian human remains or funerary objects discovered to the closest culturally affiliated Indian tribe in accordance with the repatriation process adopted pursuant to section 5 of this act, if a request for repatriation is made.

      5.  Whenever the Office of Historic Preservation acquires articles, implements and materials under the provisions of this section, they must be transferred to the Museum Director for exhibition or other use within the State as determined by the Museum Director.

 


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      Sec. 17. NRS 381.209 is hereby amended to read as follows:

      381.209  The Museum Director may limit a permit described in NRS 381.197 as to time and location. [A] Such a permit may not be granted:

      1.  For a period of more than 1 year.

      2.  For investigation, exploration or excavation in a larger area than the applicant can reasonably be expected to explore fully and systematically within the time limit set in the permit.

      3.  For the removal of any ancient monument, structure or site which can be permanently preserved under the control of the State of Nevada in situ, and remain an object of interest, if desired by the State, for a park, landmark or monument for the benefit of the public.

      Sec. 18. NRS 381.211 is hereby amended to read as follows:

      381.211  A permit described in NRS 381.197 may be renewed for an additional period of time upon application by the permit holder, if the work contemplated by the permit has been diligently prosecuted.

      Sec. 18.5. NRS 381.213 is hereby amended to read as follows:

      381.213  Failure to begin work under the permit within 6 months after the effective date of [the permit,] a permit described in NRS 381.197, or failure to prosecute diligently such work after it is begun, shall render the permit void without any order from the Board.

      Sec. 19. NRS 381.215 is hereby amended to read as follows:

      381.215  1.  After the close of each season’s work, within a reasonable time designated in [the] a permit [,] described in NRS 381.197, every permit holder shall furnish to the Museum Director a report containing a detailed account of the work done, material collected and other pertinent data.

      2.  Except as otherwise provided in subsection 3, if any of the work done, material collected or other pertinent data pertains to prehistoric native Indian human remains or a funerary object, the Museum Director shall:

      (a) Provide notice to and consult with each applicable Indian tribe in accordance with section 2 of this act;

      (b) Determine which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary object in accordance with section 3 of this act; and

      (c) Furnish the report described in subsection 1 to the closest culturally affiliated Indian tribe, if any.

      3.  The Museum Director is not required to comply with the provisions of paragraph (a) of subsection 2 if the Museum Director has already obtained the information necessary to make the determination required pursuant to paragraph (b) of subsection 2 through the process set forth in NRS 381.195 to 381.227, inclusive.

      Sec. 19.5. NRS 381.217 is hereby amended to read as follows:

      381.217  A [permit] holder of a permit described in NRS 381.197 may collect specimens of petrified wood, subject to the limitations of NRS 206.320.

      Sec. 20. (Deleted by amendment.)

      Sec. 21. NRS 381.221 is hereby amended to read as follows:

      381.221  The Division of State Parks of the State Department of Conservation and Natural Resources, and personnel thereof, the sheriffs in their respective counties, the Nevada Highway Patrol, and all other peace officers shall be charged with the enforcement of NRS 381.195 to 381.227, inclusive [.] , and section 6 of this act. Those persons charged with the enforcement of NRS 381.195 to 381.227, inclusive, and section 6 of this act may, [at] within their established jurisdiction:

 


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enforcement of NRS 381.195 to 381.227, inclusive, and section 6 of this act may, [at] within their established jurisdiction:

      1.  At any time, examine the permit of any person claiming privileges granted under NRS [381.195 to 381.227, inclusive,] 381.197 and may fully examine all work done under the permit [.] ; and

      2.  Examine the permit of a person claiming privileges under a permit issued pursuant to section 6 of this act in the manner set forth in the regulations adopted pursuant to that section.

      Sec. 22. NRS 381.223 is hereby amended to read as follows:

      381.223  1.  Any object of antiquity taken, or collection made, on historic or prehistoric sites covered by NRS [381.195 to 381.227, inclusive,] 381.197 without a permit must be seized by the proper law enforcement officers, who shall notify the Museum Director of the action [. The object or collection so taken must be forfeited to the State for exhibition or other use within the State as determined by the Museum Director.] and deposit the object or collection with the Museum Director for safekeeping. Upon receipt of any [forfeited] item seized pursuant to this section the Museum Director shall notify the Office of Historic Preservation. Except as otherwise provided in subsection 2, any object or collection so taken must be forfeited to the State for exhibition or other use within the State as determined by the Museum Director.

      2.  If an object of antiquity or collection seized pursuant to subsection 1 is prehistoric native Indian human remains or a funerary object, the Museum Director shall:

      (a) Provide notice to and consult with each applicable Indian tribe in accordance with section 2 of this act;

      (b) Determine which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary object in accordance with section 3 of this act; and

      (c) Return the prehistoric native Indian human remains or funerary object to the closest culturally affiliated Indian tribe in accordance with the repatriation process adopted pursuant to section 5 of this act, if a request for repatriation is made.

      Sec. 23. NRS 381.227 is hereby amended to read as follows:

      381.227  Unless a greater penalty is provided by a specific statute and except as otherwise provided in NRS 381.225, any person violating any of the provisions of NRS 381.195 to 381.227, inclusive, and section 6 of this act is guilty of a misdemeanor.

      Sec. 24. Chapter 383 of NRS is hereby amended by adding thereto the provisions set forth as sections 25, 26 and 26.5 of this act.

      Sec. 25.  (Deleted by amendment.)

      Sec. 26. The Office shall adopt regulations as necessary to carry out the provisions of this section and section 26.5 of this act and NRS 383.150 to 383.440, inclusive, including, without limitation, regulations which set forth the process for repatriation of prehistoric native Indian human remains and funerary objects. The regulations must be developed in consultation with Indian tribes and incorporate the values, beliefs and traditions of the Indian tribes as determined and conveyed by the members of the Indian tribes during the consultation with the Office.

      Sec. 26.5. Notwithstanding any provision of this chapter to the contrary, the Office is not required to provide notice to or consult with an Indian tribe as required pursuant to this chapter if the Office provides such notice to or consultation with the Indian tribe pursuant to federal law.

 


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Indian tribe as required pursuant to this chapter if the Office provides such notice to or consultation with the Indian tribe pursuant to federal law.

      Sec. 27. NRS 383.011 is hereby amended to read as follows:

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

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

      2.  “Advisory Board” means the Board of Museums and History.

      3.  “Commission” means the Commission for Cultural Centers and Historic Preservation created by NRS 383.500.

      4.  “Cultural affiliation” has the meaning ascribed to it in NRS 381.001.

      5.  “Cultural resources” means any objects, sites or information of historic, prehistoric, archeological, architectural or paleontological significance.

      [5.] 6.  “Department” means the State Department of Conservation and Natural Resources.

      [6.] 7.  “Director” means the Director of the Department.

      [7.] 8.  “Office” means the Office of Historic Preservation of the Department.

      9.  “Indian tribe” means any tribe, band, nation or other organized group or community of Indians which is recognized as eligible for the special programs and services provided by the United States to native Indians because of their status as native Indians.

      10.  “Prehistoric” has the meaning ascribed to it in NRS 381.195.

      Sec. 28. NRS 383.021 is hereby amended to read as follows:

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

      2.  The Office shall:

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

      (b) Carry out the provisions of section 26 of this act.

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

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

      [(d)] (e) Provide staff assistance to the Commission.

      3.  An Indian tribe may be designated as a repository to receive prehistoric native Indian human remains or funerary objects pursuant to paragraph (d) of subsection 2 if agreed to by the Indian tribe.

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

      Sec. 29. (Deleted by amendment.)

      Sec. 30. NRS 383.121 is hereby amended to read as follows:

      383.121  1.  All departments, commissions, boards and other agencies of the State and its political subdivisions shall cooperate with the Office in order to salvage or preserve historic, prehistoric or paleoenvironmental evidence located on property owned or controlled by the United States, the State of Nevada or its political subdivisions. The Office shall consult with Indian tribes in order to salvage or preserve prehistoric native Indian human remains or funerary objects located on such property.

      2.  [When] Except as otherwise provided in subsection 10, when any agency of the State or its political subdivisions is preparing or has contracted to excavate or perform work of any kind on property owned or controlled by the United States, the State of Nevada or its political subdivisions which may endanger historic, prehistoric or paleoenvironmental evidence found on the property, or when any artifact, site or other historic or prehistoric evidence is discovered in the course of such excavation or work, the agency or the contractor hired by the agency shall notify the Office and cooperate with the Office to the fullest extent practicable, within the appropriations available to the agency or political subdivision for that purpose, to preserve or permit study of such evidence before its destruction, displacement or removal.

 


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endanger historic, prehistoric or paleoenvironmental evidence found on the property, or when any artifact, site or other historic or prehistoric evidence is discovered in the course of such excavation or work, the agency or the contractor hired by the agency shall notify the Office and cooperate with the Office to the fullest extent practicable, within the appropriations available to the agency or political subdivision for that purpose, to preserve or permit study of such evidence before its destruction, displacement or removal.

      3.  Upon receiving notice pursuant to subsection 2 of the potential endangerment of or the discovery of prehistoric native Indian human remains or a funerary object, the Office shall immediately notify, in writing, and initiate consultation with any Indian tribe:

      (a) Who is or is likely to be culturally affiliated with the prehistoric native Indian human remains or funerary object;

      (b) On whose aboriginal lands the prehistoric native Indian human remains or funerary object was discovered; or

      (c) Who is reasonably known to have a direct cultural relationship to the prehistoric native Indian human remains or funerary object.

      4.  The written notice must include a proposed time and place for the consultation with the Office.

      5.  Except as otherwise provided in subsection 6, within 10 days after the notice is given by the Office, the Office shall, consult with the Indian tribe which has the closest cultural affiliation to the prehistoric native Indian human remains or funerary object as determined by the Office.

      6.  Failure of an Indian tribe to respond within 10 days after notice has been given to the Indian tribe pursuant to subsection 3 shall be deemed a waiver of the requirement for consultation with the Indian tribe.

      7.  After the period for consultation described in subsection 5, the Office shall, to the fullest extent practicable, within the appropriations available to the agency of the State or its political subdivision described in subsection 2, develop a resolution for the affected property that is consistent with the standard of preservation described in the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation as set forth in 48 Federal Register 44716 on September 29, 1983, and any amendments thereto.

      8.  The provisions of this section must be made known to all private contractors performing such excavation or work for any agency of the State or its political subdivisions.

      9.  The provisions of subsections 3 to 7, inclusive, do not apply to an agency of the State or its political subdivisions, with respect to prehistoric native Indian human remains or funerary objects, if the preparation or contract to excavate or perform work described in subsection 2 is subject to an existing agreement with:

      (a) The closest culturally affiliated Indian tribe that relates to the discovery of prehistoric native Indian human remains or a funerary object; or

      (b) A federal agency that was executed pursuant to federal law and that relates to the discovery of prehistoric native Indian human remains or a funerary object.

      10.  The requirements set forth in NRS 383.150 to 383.180, inclusive, apply if an Indian burial site, as defined in NRS 383.150, is disturbed.

 


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      Sec. 31. NRS 383.150 is hereby amended to read as follows:

      383.150  As used in NRS 383.150 to 383.190, inclusive, unless the context otherwise requires:

      1.  “Cairn” means stones or other material placed in a pile as a memorial or monument to the dead.

      2.  “Funerary object” has the meaning ascribed to it in NRS 381.001.

      3.  “Grave” means an excavation for burial of a human body.

      [3.] 4.  “Indian burial site” means the area including and immediately surrounding the cairn or grave of a native Indian.

      [4.  “Indian tribe” means a Nevada Indian tribe recognized by the Secretary of the Interior.]

      5.  “Nondestructive analysis” means analysis performed using scientific or technological techniques to evaluate the properties of a material, component or system without causing damage.

      6.  “Professional archeologist” means a person who holds a graduate degree in archeology, anthropology or a closely related field as determined by the Administrator.

      Sec. 32. NRS 383.160 is hereby amended to read as follows:

      383.160  The Office shall:

      1.  Upon application by:

      (a) An interested landowner, assist the landowner in [negotiating an agreement with an Indian tribe for] contacting the Indian tribe which has the closest cultural affiliation to an Indian burial site and any artifacts and human remains associated with the site so that the landowner may directly consult with the Indian tribe, if any, concerning the treatment and disposition of [an] the Indian burial site and any artifacts and human remains associated with the site; and

      (b) Either party, mediate a dispute arising between a landowner and an Indian tribe relating to the treatment and disposition of an Indian burial site and any artifacts and human remains associated with the site.

      2.  In performing its duties pursuant to NRS 383.150 to 383.190, inclusive, endeavor to:

      (a) Protect Indian burial sites and any associated artifacts and human remains from excavation, vandalism and destruction; and

      (b) [Provide] In consultation with the closest culturally affiliated Indian tribe, provide for the sensitive treatment and disposition of Indian burial sites and any associated artifacts and human remains consistent with the planned use of land.

      3.  Determine which Indian tribe has the closest cultural affiliation to the Indian burial site and any artifacts and human remains associated with the site.

      Sec. 33. NRS 383.170 is hereby amended to read as follows:

      383.170  1.  Except as otherwise provided in subsections 2 and 3:

      (a) A person who disturbs the cairn or grave of a native Indian through inadvertence while engaged in a lawful activity such as construction, mining, logging or farming or any other person who discovers the cairn or grave of a native Indian that has not been previously reported to the Office shall immediately report the discovery and the location of the Indian burial site to the Office. [The]

 

 


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      (b)Upon receiving a report pursuant to paragraph (a), the Office shall immediately [consult with the Nevada Indian Commission and notify the appropriate] notify, in writing, and initiate consultation with any Indian tribe [.] :

             (1) Who is or is likely to be culturally affiliated with the Indian burial site;

             (2) On whose aboriginal lands the Indian burial site was discovered; or

             (3) Who is reasonably known to have a direct cultural relationship to the Indian burial site.

      (c) The written notice must include a proposed time and place for the consultation with the Office.

      (d)Except as otherwise provided in paragraph (e), within 10 days after the notice is given by the Office, the landowner shall consult with the Indian tribe which has the closest cultural affiliation to the Indian burial site, as determined by the Office, concerning the treatment and disposition of the site and all artifacts and human remains associated with the site. The Indian tribe may, with the permission of the landowner, inspect the site . [and] Within 10 days after the inspection, if any, the Indian tribe may recommend an appropriate means for the treatment and disposition of the site and all artifacts and human remains associated with the site.

      [2.] Those recommendations may include, without limitation, that any human remains or artifacts associated with the site are:

             (1) Preserved in place;

             (2) Reinterred at another location that is determined in consultation with the Indian tribe which has the closest cultural affiliation to the human remains or artifacts associated with the site; or

             (3) Returned to the closest culturally affiliated Indian tribe, in accordance with the repatriation process adopted pursuant to section 26 of this act, if a request for repatriation is made.

Ê Within 10 days after receiving the recommendations, if any, for the treatment and disposition of the site and all artifacts and human remains associated with the site, the landowner may appeal the recommendations to the Office.

      (e) Failure of an Indian tribe to respond within 10 days after notice has been given to the Indian tribe pursuant to paragraph (b) shall be deemed a waiver of the requirement for consultation with the Indian tribe.

      (f) If the Indian burial site is located on private land and:

      [(a)](1) The Office fails to identify the closest culturally affiliated Indian tribe or consultation with the closest culturally affiliated Indian tribe [fails to make a recommendation within 48 hours after it receives notification] is waived pursuant to [subsection 1;] paragraph (e); or

      [(b)](2) The landowner rejects the recommendation made pursuant to paragraph (d) and mediation conducted pursuant to NRS 383.160 fails to provide measures acceptable to the landowner,

Ê the landowner shall, at his or her own expense, reinter with appropriate dignity all artifacts and human remains associated with the site in a location not subject to further disturbance.

      [3.] (g) If the Indian burial site is located on public land and action is necessary to protect the burial site from immediate destruction, the Office may cause a professional archeologist to excavate the site and remove all artifacts and human remains associated with the site for subsequent reinterment, [following scientific study,] under the supervision of the closest culturally affiliated Indian tribe [.

 


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artifacts and human remains associated with the site for subsequent reinterment, [following scientific study,] under the supervision of the closest culturally affiliated Indian tribe [.

      4.] , if any.

      (h) Any other excavation of an Indian burial site may be conducted only:

      [(a)](1) By a professional archeologist;

      [(b)](2) After written notification to the Administrator; and

      [(c)](3) With the prior written consent of the [appropriate] closest culturally affiliated Indian tribe [.] , if any. Failure of [a] an Indian tribe to respond to a request for permission within 60 days after its mailing by certified mail, return receipt requested, shall be deemed consent to the excavation.

Ê All artifacts and human remains removed during such an excavation must [, following scientific study,] be reinterred under the supervision of the closest culturally affiliated Indian tribe, if any, except that the Indian tribe may, by explicit written consent, authorize the public display of a particular artifact [.] if the public display is respectful, as determined in consultation with the Indian tribe. The archeologist, closest culturally affiliated Indian tribe, if any, and landowner shall negotiate an agreement to determine who will pay the expenses related to the interment.

      (i) The Office shall determine which Indian tribe has the closest cultural affiliation to an Indian burial site and all artifacts and human remains associated with the site.

      (j) Prehistoric native Indian human remains or funerary objects discovered at an Indian burial site:

             (1) Must not be subjected to scientific study unless the Office reasonably determines that scientific study is necessary for the limited purpose of determining which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects; and

             (2) Must not be separated when the prehistoric native Indian human remains and funerary objects are reinterred.

      (k) Nondestructive analysis on any other artifacts removed from an Indian burial site may be conducted only with the explicit written consent of the closest culturally affiliated Indian tribe, if any.

      2.  The provisions of subsection 1 do not apply, with respect to prehistoric Indian burial sites, to a permit issued pursuant to section 6 of this act.

      3.  The provisions of subsection 1 do not apply, with respect to prehistoric native Indian human remains or funerary objects, if the person who disturbed the cairn or grave of a native Indian through inadvertence while engaged in a lawful activity is subject to an existing agreement with:

      (a) The closest culturally affiliated Indian tribe that relates to the discovery of prehistoric native Indian human remains or a funerary object; or

      (b) A federal agency that was executed pursuant to federal law and that relates to the discovery of prehistoric native Indian human remains or a funerary object.

 


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      Sec. 34. NRS 383.180 is hereby amended to read as follows:

      383.180  1.  Except as otherwise provided in NRS 383.170, a person who willfully removes [,] without obtaining any required permit, mutilates, defaces, injures or destroys the cairn or grave of a native Indian is guilty of a gross misdemeanor and shall be [punished] :

      (a) Punished by a fine of [$500] $2,000 for the first offense, or by a fine of not more than [$3,000] $4,500 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 364 days [.] ; and

      (b) Ordered to pay for the costs to reinter with appropriate dignity all artifacts and human remains associated with the cairn or grave.

      2.  A person who fails to notify the Office of the discovery and location of an Indian burial site in violation of NRS 383.170 is guilty of a gross misdemeanor and shall be punished by a fine of $500 for the first offense, or by a fine of not more than $1,500 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 364 days.

      3.  A person who:

      (a) Possesses any artifact or human remains taken from the cairn or grave of a native Indian on or after October 1, 1989, in a manner other than that authorized by NRS 383.170;

      (b) Publicly displays or exhibits any of the human remains of a native Indian, except during a funeral ceremony; or

      (c) Sells any artifact or human remains taken from the cairn or grave of a native Indian,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  This section does not apply to:

      (a) The possession or sale of an artifact:

             (1) Discovered in or taken from a location other than the cairn or grave of a native Indian; or

             (2) Removed from the cairn or grave of a native Indian by other than human action; or

      (b) Action taken by a peace officer in the performance of his or her duties.

      Sec. 35. (Deleted by amendment.)

      Sec. 36. NRS 383.430 is hereby amended to read as follows:

      383.430  1.  Upon request by any state agency or political subdivision, the Office may enter into an agreement with that state agency or political subdivision regarding any land which the state agency or political subdivision intends to acquire from an agency of the Federal Government. The agency of the Federal Government may be a party to the agreement. If the land includes any prehistoric native Indian human remains or funerary objects, the Indian tribe which has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects may request that the Office enter into such an agreement.

      2.  An agreement made pursuant to subsection 1 must:

      (a) If the agreement involves land that includes any prehistoric native Indian human remains or funerary objects, include the Indian tribe which has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects, if any, as a party to the agreement;

 


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      (b) Include provisions that are sufficient to ensure that the land, when acquired, will receive protection for any historic or prehistoric site at a level equivalent to the protection provided if the land had remained under federal ownership;

      [(b)] (c) Require the state agency or political subdivision to submit a proposal and consult with the Office before changing the use of the land or initiating a project on any portion of the land; and

      [(c)] (d) Require that any expenses associated with carrying out the agreement are the responsibility of the state agency or political subdivision.

      3.  If a state agency or political subdivision submits a proposal to change the use of the land or initiate a project on any portion of the land pursuant to paragraph [(b)] (c) of subsection 2, the state agency or political subdivision shall:

      (a) Provide to the Office a written statement:

             (1) Identifying any Indian tribes that may be concerned with the religious or cultural importance of the site and other interested persons for inclusion in the consultation required pursuant to paragraph [(b)] (c) of subsection 2;

             (2) Identifying any historic or prehistoric sites in accordance with the requirements of the Office for recording and reporting for those sites;

             (3) Evaluating any historic or prehistoric sites for inclusion in the State Register of Historic Places, including any text excavations or other research;

             (4) Evaluating the effect of the change in use of the land or the project on a historic or prehistoric site that is eligible for inclusion in the State Register of Historic Places; and

             (5) Evidencing the preparation and carrying out of treatment plans that comply with the requirements of the Office for those plans; and

      (b) Any other information relating to the proposed change of use required by the Office.

      4.  The Office shall determine which Indian tribe has the closest cultural affiliation to the prehistoric native Indian human remains or funerary objects.

      Sec. 37. NRS 383.435 is hereby amended to read as follows:

      383.435  1.  Except as otherwise provided in this section, a person who knowingly and willfully removes, mutilates, defaces, excavates, injures or destroys a historic or prehistoric site or resource on state land or who receives, traffics in or sells cultural property appropriated from state land without a valid permit, unless a greater penalty is provided by a specific statute:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of [$500.] $1,000.

      (b) For a second or subsequent offense, is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days or by a fine of not more than [$3000,] $3,500, or by both fine and imprisonment.

      2.  This section does not apply to any action taken:

      (a) In accordance with an agreement with the Office entered into pursuant to NRS 383.430; or

      (b) In accordance with the provisions of NRS 381.195 to 381.227, inclusive, and section 6 of this act by the holder of a permit issued pursuant to those sections.

 


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      3.  In addition to any other penalty, a person who violates a provision of this section is liable for civil damages to the state agency or political subdivision which has jurisdiction over the state land in an amount equal to the cost or, in the discretion of the court, an amount equal to twice the cost of the restoration, stabilization and interpretation of the site plus any court costs and fees.

      Sec. 38. NRS 383.500 is hereby amended to read as follows:

      383.500  1.  The Commission for Cultural Centers and Historic Preservation is hereby created. The Commission is advisory to the Department and consists of:

      (a) The Chair of the Board of Trustees of Nevada Humanities or a member of the Board of Trustees of Nevada Humanities designated by the Chair;

      (b) The Chair of the Board of the Nevada Arts Council of the Department of Tourism and Cultural Affairs or a member of the Board of the Nevada Arts Council designated by the Chair;

      (c) The Chair of the Advisory Board or a member of the Advisory Board designated by the Chair;

      (d) A member of the Advisory Board appointed by the Governor;

      (e) A member of the Advisory Board appointed by the Governor after giving consideration to any recommendation of an enrolled member of a Nevada Indian tribe which is submitted by the Nevada Indian Commission, after consultation with the Inter-Tribal Council of Nevada, Inc., or its successor organization;

      (f) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada and who is appointed by the Governor; and

      [(f)] (g) The Chair of the State Council on Libraries and Literacy or a member of the State Council on Libraries and Literacy designated by the Chair.

      2.  The Commission shall:

      (a) Elect from its membership a Chair who shall serve for a term of 2 years. A vacancy occurring in this position must be filled by election of the members of the Commission for the remainder of the unexpired term.

      (b) Prescribe rules for its own management and government.

      (c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the Chair.

      3.  [Three] Four members of the Commission constitute a quorum, but a majority of the members of the Commission is necessary to consider particular business before it and to exercise the power conferred on the Commission.

      4.  The members of the Commission are not entitled to be paid a salary, but are entitled, while engaged in the business of the Commission, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 38.3.  1.  There is hereby appropriated from the State General Fund to the Office of Historic Preservation of the State Department of Conservation and Natural Resources the sum of $1,390 for Fiscal Year 2018-2019 for the in-state travel costs for the member appointed to the Commission for Cultural Centers and Historic Preservation pursuant to paragraph (e) of subsection 1 of NRS 383.500, as amended by section 38 of this act.

 


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Commission for Cultural Centers and Historic Preservation pursuant to paragraph (e) of subsection 1 of NRS 383.500, as amended by section 38 of this act.

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

      Sec. 38.5.  1.  There is hereby appropriated from the State General Fund to the Division of Museums and History of the Department of Tourism and Cultural Affairs the sum of $4,301 for Fiscal Year 2017-2018 and the sum of $288 for Fiscal Year 2018-2019 for expenses relating to the adoption of regulations required by the provisions of this act and in-state travel, per diem and compensation for the member appointed to the Board of Museums and History pursuant to paragraph (c) of subsection 2 of NRS 381.002, as amended by section 8 of this act.

      2.  Expenditure of $5,256 by the Division of Museums and History of the Department of Tourism and Cultural Affairs from the Fund for the Promotion of Tourism created by NRS 231.250 is hereby authorized during Fiscal Year 2017-2018 for the purpose set forth in subsection 1.

      3.  Expenditure of $352 by the Division of Museums and History of the Department of Tourism and Cultural Affairs from the Fund for the Promotion of Tourism created by NRS 231.250 is hereby authorized during Fiscal Year 2018-2019 for the purpose set forth in subsection 1.

      4.  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. 38.7.  1.  There is hereby appropriated from the State General Fund to the Nevada State Museum of the Division of Museums and History of the Department of Tourism and Cultural Affairs the sum of $25,517 for Fiscal Year 2017-2018 and the sum of $40,118 for Fiscal Year 2018-2019 for the costs associated with a full-time position to carry out the provisions of NRS 381.195 to 381.227, inclusive, and the provisions of this act.

      2.  Expenditure of $31,187 by the Nevada State Museum from the Fund for the Promotion of Tourism created by NRS 231.250 is hereby authorized during Fiscal Year 2017-2018 for the purpose set forth in subsection 1.

      3.  Expenditure of $49,033 by the Nevada State Museum from the Fund for the Promotion of Tourism created by NRS 231.250 is hereby authorized during Fiscal Year 2018-2019 for the purpose set forth in subsection 1.

 


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      4.  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. 39.  1.  This section becomes effective upon passage and approval.

      2.  Sections 38.3, 38.5 and 38.7 of this act become effective on July 1, 2017.

      3.  Sections 1 to 38, inclusive, of this act become effective:

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

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

________

 

CHAPTER 524, SB 251

Senate Bill No. 251–Senators Goicoechea; and Settelmeyer

 

CHAPTER 524

 

[Approved: June 9, 2017]

 

AN ACT relating to storage tanks; requiring the Board to Review Claims to adopt regulations for the administration of a program to award grants of money from the Fund for Cleaning Up Discharges of Petroleum to certain operators of storage tanks; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to award grants of money to those operators under certain circumstances; requiring the Board to adopt regulations for the administration of a program to provide assistance in complying with certain laws or regulations to any operator; requiring the Division to administer the program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law: (1) the State Department of Conservation and Natural Resources is required to impose fees on the importation of certain fuels into this State; and (2) the Division of Environmental Protection of the Department is required to impose an annual fee for the registration of certain storage tanks used to store petroleum in this State. (NRS 445C.330, 445C.340) The money collected by the Division from such fees is deposited into the Fund for Cleaning Up Discharges of Petroleum, and used to reimburse the Division for the costs of cleaning up discharges involving petroleum, heating oil and certain petrochemicals from storage tanks and mobile tanks. (NRS 445C.320, 445C.360-445C.380) The Board to Review Claims is required to adopt regulations for the investigation and payment of claims against the Fund and to review each claim and authorize payment if warranted. (NRS 445C.310)

 


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      This bill requires the Board to adopt regulations for the administration by the Division of a grant program to award grants of money from the Fund to assist operators of petroleum storage tanks who have a demonstrated financial need for assistance in defraying the costs of any infrastructure required by the operator to comply with any law or regulation relating to preventing discharge of petroleum from a storage tank. The Division is required to report annually to the Board concerning the grants, if any, awarded by the Division.

      This bill also requires the Board to adopt regulations for the administration by the Division of a program to provide assistance to operators in complying with any law or regulation relating to the prevention of discharges which are applicable to storage tanks.

 

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 445C.310 is hereby amended to read as follows:

      445C.310  1.  The Fund for Cleaning Up Discharges of Petroleum is hereby created as a special revenue fund in the State Treasury. The Division shall administer the Fund for the purposes prescribed in NRS 445C.150 to 445C.410, inclusive, and the Board shall adopt appropriate regulations for the [investigation] :

      (a) Investigation and payment of claims against the Fund. The Board shall review each claim presented and authorize payment to the extent warranted by the facts of the case.

      (b) Administration by the Division of a grant program described in subsection 2, which must include, without limitation:

             (1) The manner in which an operator may apply for a grant of money from the program;

             (2) The criteria that the Division must consider in determining whether to award a grant of money from the program;

             (3) The methods by which the Division must, in the following order, prioritize the award of available money for grants from the program, including, without limitation, consideration of:

                   (I) The financial need of an operator who applies for a grant of money from the program;

                   (II) The total volume of petroleum dispensed on an annual basis from each storage tank of an operator who applies for a grant of money from the program; and

                   (III) The availability and proximity of other petroleum dispensing locations, if any, in the same geographical area as an operator who applies for a grant of money from the program; and

             (4) The manner in which the Division:

                   (I) Must distribute and administer the grant program;

                   (II) May audit and inspect relevant records of an operator who receives a grant of money from the program;

                   (III) May, upon good cause shown, seek repayment of any unauthorized expenditures by an operator who receives a grant of money from the program; and

                   (IV) May seek to recover from an operator who receives a grant of money from the program the costs incurred by the Division in seeking repayment of any unauthorized expenditures by the operator.

 


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      (c) Administration by the Division of the program of assistance described in subsection 3.

      2.  The Division may award a grant of money from the Fund to an operator who has a demonstrated financial need for assistance in defraying the costs of any infrastructure required by the operator to comply with any law or regulation relating to the prevention of discharges. The Division shall:

      (a) Administer the grant program in accordance with the regulations adopted by the Board pursuant to paragraph (b) of subsection 1;  and

      (b) Submit to the Board an annual report concerning the grants, if any, awarded pursuant to this subsection.

      3.  The Division shall, in accordance with the regulations adopted pursuant to paragraph (c) of subsection 1, administer a program to provide assistance to an operator in complying with any law or regulation relating to the prevention of discharges which are applicable to storage tanks.

      4.  The expenses incurred by the Division in performing its duties pursuant to NRS 445C.150 to 445C.410, inclusive, are a charge against the Fund. The interest earned on money in the Fund must be credited to the Fund.

      [3.] 5.  The Board shall transmit a copy of any resolution that the Board has adopted in carrying out its duties pursuant to this section to the Legislative Counsel within 5 working days after the adoption of the resolution for inclusion in the register of administrative regulations published pursuant to NRS 233B.0653.

      6.  As used in this section, “petroleum dispensing location” means a facility where a member of the public can obtain petroleum products of the same type as those offered by an operator who has applied for a grant pursuant to subsection 2.

      Sec. 2.  As soon as practicable after the effective date of this act, the Board to Review Claims shall adopt the regulations required pursuant to paragraphs (b) and (c) of subsection 1 of NRS 445C.310, as amended by section 1 of this act.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 

 

 


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ê2017 Statutes of Nevada, Page 3555ê

 

CHAPTER 525, SB 270

Senate Bill No. 270–Committee on Natural Resources

 

CHAPTER 525

 

[Approved: June 9, 2017]

 

AN ACT relating to water; requiring a claimant of pre-statutory water rights to submit proof of the claim to the State Engineer on or before a certain date; requiring the State Engineer to provide certain notice of this requirement; eliminating the procedure for taking proofs of claims on and after a certain date; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, water rights for surface water, artesian groundwater and percolating groundwater that were initiated by applying water to beneficial use before the statutes regulating those water sources were enacted by the Nevada Legislature in 1905, 1913 and 1939, respectively, are known as vested water rights. Existing law provides a procedure for determining the extent of all vested water rights on a water source, which is called an adjudication. As part of that procedure, claimants of vested rights are required to file proofs of appropriation with the State Engineer, which is known in existing law as the procedure of taking proofs. (NRS 533.090-533.320)

      Section 1 of this bill requires any claimant of a pre-statutory water right to submit proof of the claim to the State Engineer on or before December 31, 2027, regardless of whether an adjudication has been ordered for a water source. If a claimant fails to submit such proof, the claim is deemed to be abandoned. Section 1 requires the State Engineer to provide notice of this requirement in various manners during the 10-year period before the deadline. Sections 2 and 5-8 of this bill conform provisions in existing law governing the procedures of the State Engineer taking proofs to reflect the submission of any proofs pursuant to section 1 to the State Engineer before an adjudication has been ordered. Sections 3, 4, 9 and 11 of this bill eliminate the procedure of the State Engineer taking proofs in an adjudication on and after January 1, 2028, except for proofs of federal agencies claiming reserved rights, because section 1 requires proofs of all pre-statutory water rights to be on file with the State Engineer by December 31, 2027, or such claims are deemed to be abandoned.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  A claimant of any vested water right must submit, on a form prescribed by the State Engineer, proof of the claim to the State Engineer on or before December 31, 2027. If a claimant fails to file such proof on or before December 31, 2027, the claim shall be deemed to be abandoned.

      2.  Until December 31, 2027, the State Engineer shall cause notice of the provisions of subsection 1 to be:

      (a) Published annually for 4 consecutive weeks in at least one newspaper of general circulation within the boundaries of each groundwater basin throughout the State.

      (b) Posted on the Internet website maintained by the State Engineer.

 


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      Sec. 2. NRS 533.095 is hereby amended to read as follows:

      533.095  1.  As soon as practicable after the State Engineer shall make and enter the order granting the petition or selecting the streams upon which the determination of rights is to begin, the State Engineer shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings.

      2.  The notice shall:

      (a) Name a date when the State Engineer or the State Engineer’s assistants shall begin the examination.

      (b) Set forth that all claimants to rights in the waters of the stream system are required, as provided in this chapter, to make proof of their claims [.] , except claimants who submitted proof of their claims pursuant to section 1 of this act.

      3.  The notice shall be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system.

      Sec. 3. NRS 533.095 is hereby amended to read as follows:

      533.095  1.  As soon as practicable after the State Engineer shall make and enter the order granting the petition or selecting the streams upon which the determination of rights is to begin, the State Engineer shall prepare a notice setting forth the fact of the entry of the order and of the pendency of the proceedings.

      2.  The notice shall:

      (a) Name a date when the State Engineer or the State Engineer’s assistants shall begin the examination.

      (b) Set forth that [all claimants to] any federal agencies claiming reserved rights in the waters of the stream system are required, as [provided in this chapter,] prescribed by the State Engineer, to make proof of their claims . [, except claimants who submitted proof of their claims pursuant to section 1 of this act.]

      3.  The notice shall be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system.

      Sec. 4. NRS 533.105 is hereby amended to read as follows:

      533.105  1.  If satisfactory data are available from the measurements and areas compiled by the United States Geological Survey or other persons, the State Engineer may dispense with the execution of such surveys and the preparation of such maps and stream measurements, except insofar as is necessary to prepare them to conform with the rules and regulations, as provided in NRS 533.100.

      2.  If the surveys are executed and maps are prepared and filed with the State Engineer at the instance of the person claiming a right to the use of water, the proportionate cost thereof, as determined by the State Engineer, to be assessed and collected for the adjudication of the relative rights, as provided in this chapter, shall be remitted to the claimant after the completion of the determination; but the map must conform with the rules and regulations of the State Engineer and shall be accepted only after the State Engineer is satisfied that the data shown thereon are substantially correct. Such measurements, maps and determinations shall be exhibited for inspection [at the time of taking proofs and] during the period during which [such] proofs of claims and evidence are kept open for inspection in accordance with the provisions of this chapter.

 


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      Sec. 5. NRS 533.110 is hereby amended to read as follows:

      533.110  1.  Upon the filing of such measurements, maps and determinations, the State Engineer shall prepare a notice setting forth the date when the State Engineer is to commence the taking of proofs , except proofs submitted pursuant to section 1 of this act, as to the rights in and to the waters of the stream system, and the date prior to which the same must be filed. The date set prior to which the proofs must be filed shall not be less than 60 days from the date set for the commencement of the taking of proofs. The notice shall be deemed to be an order of the State Engineer as to its contents. The State Engineer shall cause the notice to be published for a period of 4 consecutive weeks in one or more newspapers of general circulation within the boundaries of the stream system, the date of the last publication of the notice to be not less than 15 days prior to the date fixed for the commencement of the taking of proofs by the State Engineer.

      2.  At or near the time of the first publication of the notice, the State Engineer shall send by registered or certified mail to each person, or deliver to each person, in person, hereinafter designated as claimant, claiming rights in or to the waters of the stream system, insofar as such claimants can be reasonably ascertained, who has not submitted proof pursuant to section 1 of this act, a notice equivalent in terms to the published notice setting forth the date when the State Engineer will commence the taking of proofs, and the date prior to which proofs must be filed with the State Engineer. The notice must be mailed at least 30 days prior to the date fixed for the commencement of the taking of proofs.

      Sec. 6. NRS 533.115 is hereby amended to read as follows:

      533.115  The State Engineer shall, in addition, enclose with the notice to be mailed as provided in NRS 533.110, blank forms upon which [the] a claimant who has not submitted proof pursuant to section 1 of this act shall present in writing all particulars necessary for the determination of the claimant’s right in or to the waters of the stream system, the statement to include the following:

      1.  The name and post office address of the claimant.

      2.  The nature of the right or use on which the claim for appropriation is based.

      3.  The time of the initiation of such right and a description of works of diversion and distribution.

      4.  The date of beginning of construction.

      5.  The date when completed.

      6.  The dates of beginning and completion of enlargements.

      7.  The dimensions of the ditch as originally constructed and as enlarged.

      8.  The date when water was first used for irrigation or other beneficial purposes and, if used for irrigation, the amount of land reclaimed the first year, the amount in subsequent years, with the dates of reclamation, and the area and location of the lands which are intended to be irrigated.

      9.  The character of the soil and the kind of crops cultivated, the number of acre-feet of water per annum required to irrigate the land, and such other facts as will show the extent and nature of the right and compliance with the law in acquiring the same, as may be required by the State Engineer.

      Sec. 7. NRS 533.120 is hereby amended to read as follows:

      533.120  1.  Each claimant shall be required to certify to his or her statement presented pursuant to NRS 533.115 under oath. The State Engineer and the State Engineer’s assistants authorized to take proofs are hereby authorized to administer such oaths.

 


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Engineer and the State Engineer’s assistants authorized to take proofs are hereby authorized to administer such oaths.

      2.  Oaths shall be administered and blank forms furnished by the State Engineer and the State Engineer’s assistants without charge.

      Sec. 8. NRS 533.125 is hereby amended to read as follows:

      533.125  1.  The State Engineer shall commence the taking of any proofs not submitted pursuant to section 1 of this act on the date fixed and named in the notice provided for in NRS 533.110 for the commencement of the taking of proofs. The State Engineer shall proceed therewith during the period fixed by the State Engineer and named in the notice, after which no proofs shall be received by or filed by the State Engineer. The State Engineer may, in his or her discretion, for cause shown, extend the time in which proofs may be filed.

      2.  Upon neglect or refusal of any person to make proof of his or her claim or rights in or to the waters of such stream system, as required by this chapter, prior to the expiration of the period fixed by the State Engineer during which proofs may be filed, the State Engineer shall determine the right of such person from such evidence as the State Engineer may obtain or may have on file in the Office of the State Engineer in the way of maps, plats, surveys and transcripts, and exceptions to such determination may be filed in court, as provided in this chapter.

      Sec. 9. NRS 533.140 is hereby amended to read as follows:

      533.140  1.  As soon as practicable , [after the expiration of the period fixed in which proofs may be filed,] the State Engineer shall assemble all proofs related to the stream or stream system which have been filed with the State Engineer [,] and prepare, certify and have printed an abstract of all such proofs. The State Engineer shall also prepare from the proofs and evidence taken or given before the State Engineer, or obtained by the State Engineer, a preliminary order of determination establishing the several rights of claimants to the waters of the stream.

      2.  When the abstract of proofs and the preliminary order of determination is completed, the State Engineer shall then prepare a notice fixing and setting a time and place when and where the evidence taken by or filed with the State Engineer and the proofs of claims must be open to the inspection of all interested persons, the period of inspection to be not less than 20 days. The notice shall be deemed an order of the State Engineer as to the matters contained therein.

      3.  A copy of the notice, together with a printed copy of the preliminary order of determination and a printed copy of the abstract of proofs, must be delivered by the State Engineer, or sent by registered or certified mail, at least 30 days before the first day of such period of inspection, to each person who has [appeared and] filed proof [, as provided in this section.] related to the stream or stream system.

      4.  The State Engineer shall be present at the time and place designated in the notice and allow, during that period, any persons interested to inspect such evidence and proof as have been filed with [or taken by] the State Engineer in accordance with this chapter.

      Sec. 10. NRS 533.250 is hereby amended to read as follows:

      533.250  1.  Any and all maps, plats, surveys and evidence on file in the Office of the State Engineer relating to any proof of appropriation involved in the proceeding for the determination of the relative rights in and to the waters of any stream system, obtained or filed under the provisions of this chapter or any preceding act relating to the Office of State Engineer, shall be admissible in court and shall have the same force and effect as though obtained and submitted under the provisions of this chapter.

 


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this chapter or any preceding act relating to the Office of State Engineer, shall be admissible in court and shall have the same force and effect as though obtained and submitted under the provisions of this chapter.

      2.  At least 90 days prior to the rendering of his or her order of determination of the relative rights in and to the waters of any stream system, the State Engineer shall notify all parties in interest of his or her intention to consider such maps, plats and evidence, and of his or her intention to submit the findings of the State Engineer to the court under the provisions of this chapter. [The notice shall be given in the manner prescribed in NRS 533.110.]

      3.  Within 60 days after such notice, any party in interest may file with the State Engineer any additional or supplementary maps, plats, surveys or evidence, or objections to the admissibility of any evidence hitherto presented and on file in the office of the State Engineer, in relation to his or her claim of water right or adverse to the claim or claims of the water right of any other party or parties in interest, in order so to perfect his or her claim in accordance with the provisions of this chapter, and the State Engineer shall consider the whole thereof in rendering such order of determination, and the same shall become a part of the record which shall be submitted to the court as provided by NRS 533.165 to 533.235, inclusive.

      Sec. 11. 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, and section 1 of this act, 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

      (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.

 


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      Sec. 12. NRS 533.110, 533.115, 533.120 and 533.125 are hereby repealed.

      Sec. 13.  1.  This section and sections 1, 2, 5 to 8, inclusive, and 11 of this act become effective on July 1, 2017.

      2.  Sections 3, 4, 9, 10 and 12 of this act become effective on January 1, 2028.

________

CHAPTER 526, SB 428

Senate Bill No. 428–Committee on Transportation

 

CHAPTER 526

 

[Approved: June 9, 2017]

 

AN ACT relating to license plates; providing for the issuance of special license plates indicating support for Tule Springs State Park; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1.3 of this bill provides for the issuance of special license plates indicating support for Tule Springs State Park. The fees generated by the special license plates that are in addition to all other applicable registration and license fees and governmental services taxes are required to be deposited with the State Treasurer, who must, on a quarterly basis, distribute the fees to the Ice Age Park Foundation or its successor for use in programs, projects and activities in support of Tule Springs State Park. The special license plates must be approved by the Commission on Special License Plates and, after approval, must not be issued until one of the 30 design slots for the special license plates becomes available. (NRS 482.367004, 482.367008, 482.36705) Sections 2-5, 6 and 7-10 of this bill make conforming changes to various sections referring to the special license plates. This bill does not require, as a prerequisite to design, preparation and issuance, that the special license plates receive a minimum number of applications, but does require the posting of a surety bond with the Department of Motor Vehicles.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3. 1.  Except as otherwise provided in subsection 2, the Department, in conjunction with the Ice Age Park Foundation or its successor, shall design, prepare and issue license plates which indicate support for Tule Springs State Park, using any colors that the Department deems appropriate.

      2.  The Department shall not design, prepare or issue the license plates described in subsection 1 unless:

      (a) The Commission on Special License Plates recommends to the Department that the Department approve the design, preparation and issuance of those plates as described in NRS 482.367004; and

 


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      (b) A surety bond in the amount of $5,000 is posted with the Department.

      3.  If the conditions set forth in subsection 2 are met, the Department shall issue license plates which indicate support for Tule Springs State Park for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates which indicate support for Tule Springs State Park if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates which indicate support for Tule Springs State Park pursuant to subsections 4 and 5.

      4.  The fee for license plates which indicate support for Tule Springs State Park is $35, in addition to all other applicable registration and license fees and governmental services tax. The license plates are renewable upon the payment of $10.

      5.  In addition to all other applicable registration and license fees and governmental services tax and the fee prescribed pursuant to subsection 4, a person who requests a set of license plates which indicate support for Tule Springs State Park must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 6.

      6.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 5 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Ice Age Park Foundation or its successor for use in programs, projects and activities in support of Tule Springs State Park.

      7.  The Department shall promptly release the surety bond that is required to be posted pursuant to paragraph (b) of subsection 2 if:

      (a) The Department, based upon the recommendation of the Commission on Special License Plates, determines not to issue the special license plate; or

      (b) It is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.

      8.  The provisions of paragraph (a) of subsection 1 of NRS 482.36705 do not apply to license plates described in this section.

      9.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 1.7.  (Deleted by amendment.)

      Sec. 2. NRS 482.2065 is hereby amended to read as follows:

      482.2065  1.  A trailer may be registered for a 3-year period as provided in this section.

 


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      2.  A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:

      (a) Registration fees pursuant to NRS 482.480 and 482.483.

      (b) A fee for each license plate issued pursuant to NRS 482.268.

      (c) Fees for the initial issuance, reissuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.

      (d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.

      (e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1.3 of this act, which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

      (f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

      (g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      3.  A license plate issued pursuant to this section will be reissued as provided in NRS 482.265 except that such reissuance will be done at the first renewal after the license plate has been issued for not less than 8 years.

      4.  As used in this section, the term “trailer” does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      Sec. 3. NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Except as otherwise provided in NRS 482.2155, upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 5; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

 


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      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1.3 of this act; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The provisions of this section do not apply to the registration of a moped pursuant to NRS 482.2155.

      5.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 4. NRS 482.2703 is hereby amended to read as follows:

      482.2703  1.  The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1.3 of this act. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

      5.  All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      Sec. 5. NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

 


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semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      5.  The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1.3 of this act.

      Sec. 5.5. (Deleted by amendment.)

      Sec. 6. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947 [;] or section 1.3 of this act; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901, a license plate that is approved by the Legislature after July 1, 2005.

      2.  Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.

      3.  In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:

      (a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and

 


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      (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:

             (1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and

             (2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.

      4.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      5.  If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall provide notice of that fact in the manner described in subsection 6.

      6.  The notice required pursuant to subsection 5 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      7.  If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Except as otherwise provided in subsection 2 of NRS 482.265, such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 6.5. (Deleted by amendment.)

      Sec. 7. NRS 482.3824 is hereby amended to read as follows:

      482.3824  1.  Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1.3 of this act, and for which additional fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

 


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fees are imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

             (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

             (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, excluding vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, full trailers or semitrailers registered pursuant to subsection 3 of NRS 482.483 and mopeds registered pursuant to NRS 482.2155, upon application by a person who is entitled to license plates pursuant to NRS 482.265 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter or chapter 486 of NRS. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, “fees” does not include any applicable registration or license fees or governmental services taxes.

      3.  As used in this section:

      (a) “Additional fees” has the meaning ascribed to it in NRS 482.38273.

      (b) “Charitable organization” means a particular cause, charity or other entity that receives money from the imposition of additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1.3 of this act. The term includes the successor, if any, of a charitable organization.

      Sec. 8. NRS 482.38276 is hereby amended to read as follows:

      482.38276  “Special license plate” means:

      1.  A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      2.  A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947 [;] or section 1.3 of this act; and

 


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482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947 [;] or section 1.3 of this act; and

      3.  Except for a license plate that is issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901, a license plate that is approved by the Legislature after July 1, 2005.

      Sec. 9. NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

      2.  Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1.3 of this act, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

      3.  In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

      4.  In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

      5.  If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person.

 


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the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.

      6.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      7.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

      8.  Except as otherwise provided in subsection 2 of NRS 371.040, NRS 482.2155, subsections 7 and 8 of NRS 482.260 and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:

      (a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis; or

      (b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.

      9.  The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

      (a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

      (b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

      (c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

      (d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

 

 

 

 


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      Sec. 10. NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration............................................................ $5.00

For every substitute number plate or set of plates............................. 5.00

For every duplicate number plate or set of plates........................... 10.00

For every decal displaying a county name........................................... .50

For every other indicator, decal, license plate sticker or tab............ 5.00

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.376, inclusive, and section 1.3 of this act or 482.379 to 482.3818, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of duplicating the plates and manufacturing the decals.

      Sec. 11.  1.  This section and section 1 of this act become effective on July 1, 2017.

      2.  Sections 1.3, 2 to 5, inclusive, 6 and 7 to 10, inclusive, of this act become effective on the date 2 years after the date on which the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources, pursuant to the authority granted in NRS 407.065, establishes Tule Springs State Park.

      3.  Sections 1.7, 5.5 and 6.5 of this act become effective on January 1, 2018.

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ê2017 Statutes of Nevada, Page 3570ê

 

CHAPTER 527, SB 283

Senate Bill No. 283–Senators Atkinson, Manendo; Cancela, Cannizzaro, Denis, Farley, Goicoechea, Kieckhefer, Parks, Ratti, Segerblom, Settelmeyer, Spearman and Woodhouse

 

CHAPTER 527

 

[Approved: June 9, 2017]

 

AN ACT relating to special license plates; providing for the issuance of special license plates indicating support for the Vegas Golden Knights hockey team; exempting the special license plates from certain provisions otherwise applicable to special license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Department of Motor Vehicles to design, prepare and issue special license plates indicating support for the Vegas Golden Knights, a franchise of the National Hockey League. A person wishing to obtain the special license plates must pay to the Department a fee for initial issuance of $35 and a fee for renewal of $10, along with all applicable registration and license fees and governmental services taxes. A person wishing to obtain the special license plates may also request that the plates be combined with personalized prestige plates if the person pays the additional fees for the personalized prestige plates.

      Under existing law, certain special license plates: (1) must be approved by the Department, based on a recommendation from the Commission on Special License Plates; (2) are subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain number of applications for the plates are received. (NRS 482.367004, 482.367008, 482.36705) Sections 5-7 of this bill exempt the special license plates indicating support for the Vegas Golden Knights from each of the preceding requirements. Sections 2-4 and 8-9.5 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department, in cooperation with the Vegas Golden Knights, shall design, prepare and issue license plates that indicate support for the Vegas Golden Knights using any colors and designs which the Department deems appropriate.

      2.  The Department shall issue license plates that indicate support for the Vegas Golden Knights for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for the Vegas Golden Knights if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for the Vegas Golden Knights pursuant to subsection 3.

 


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      3.  The fee for license plates that indicate support for the Vegas Golden Knights is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  The provisions of NRS 482.36705 do not apply to license plates described in this section.

      5.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental service taxes due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      6.  The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of the special license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805.

      Sec. 2. NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Except as otherwise provided in NRS 482.2155, upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 5; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or

 


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             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The provisions of this section do not apply to the registration of a moped pursuant to NRS 482.2155.

      5.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 3. NRS 482.2703 is hereby amended to read as follows:

      482.2703  1.  The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

      5.  All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      Sec. 4. NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

 


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      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      5.  The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act.

      Sec. 5. NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

             (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

             (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

      (b) Three nonvoting members consisting of:

             (1) The Director of the Department of Motor Vehicles, or a designee of the Director.

             (2) The Director of the Department of Public Safety, or a designee of the Director.

             (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

      5.  The Commission shall recommend to the Department that the Department approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

 


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      (c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.

      6.  On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.

      7.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.

      8.  The Commission shall:

      (a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

      (b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

      Sec. 6. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901, or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

 


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ê2017 Statutes of Nevada, Page 3575 (Chapter 527, SB 283)ê

 

      2.  Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.

      3.  In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:

      (a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and

      (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:

             (1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and

             (2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.

      4.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      5.  If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall provide notice of that fact in the manner described in subsection 6.

      6.  The notice required pursuant to subsection 5 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

 


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ê2017 Statutes of Nevada, Page 3576 (Chapter 527, SB 283)ê

 

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      7.  If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Except as otherwise provided in subsection 2 of NRS 482.265, such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 7. NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  Except as otherwise provided in subsection 2:

      (a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

      (b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

      (c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates recommends to the Department that the Department approve the application for the authorized plate pursuant to NRS 482.367004.

      2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.

      Sec. 8. NRS 482.38276 is hereby amended to read as follows:

      482.38276  “Special license plate” means:

      1.  A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      2.  A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

 


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ê2017 Statutes of Nevada, Page 3577 (Chapter 527, SB 283)ê

 

      3.  Except for a license plate that is issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901, or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

      Sec. 9. NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

      2.  Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

      3.  In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

      4.  In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

      5.  If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.

 


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ê2017 Statutes of Nevada, Page 3578 (Chapter 527, SB 283)ê

 

      6.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      7.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

      8.  Except as otherwise provided in subsection 2 of NRS 371.040, NRS 482.2155, subsections 7 and 8 of NRS 482.260 and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:

      (a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis; or

      (b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.

      9.  The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

      (a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

      (b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

      (c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

      (d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

      Sec. 9.5. NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration............................................................ $5.00

For every substitute number plate or set of plates............................. 5.00

For every duplicate number plate or set of plates........................... 10.00

For every decal displaying a county name.........................................   .50

For every other indicator, decal, license plate sticker or tab............ 5.00

 


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ê2017 Statutes of Nevada, Page 3579 (Chapter 527, SB 283)ê

 

      2.  The following fees must be paid for any replacement plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.376, inclusive, and section 1 of this act or 482.379 to 482.3818, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of duplicating the plates and manufacturing the decals.

      Sec. 10.  This act becomes effective upon passage and approval.

________

CHAPTER 528, SB 443

Senate Bill No. 443–Committee on Finance

 

CHAPTER 528

 

[Approved: June 9, 2017]

 

AN ACT relating to interpreters; requiring the Aging and Disability Services Division of the Department of Health and Human Services, to the extent money is available, to employ interpreters for a certain program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Aging and Disability Services Division of the Department of Health and Human Services to develop and administer a program which includes: (1) providing devices for telecommunication to persons who are deaf and persons with impaired speech or hearing; (2) the establishment of centers for persons who are deaf or hard of hearing; and (3) making interpreters available, when possible, to the Executive, Judicial and Legislative Departments of State Government to assist those departments in providing access to persons who are deaf or hard of hearing. (NRS 427A.797) Section 3 of this bill requires the Aging and Disability Services Division, to the extent money is available, to employ one or more interpreters in the unclassified service of the State pursuant to the program developed by the Division. Section 4 of this bill provides for the establishment of the salaries for the interpreter positions.

 

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.)

 


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ê2017 Statutes of Nevada, Page 3580 (Chapter 528, SB 443)ê

 

      Sec. 3. NRS 427A.797 is hereby amended to read as follows:

      427A.797  1.  The Division shall develop and administer a program whereby:

      (a) Any person who is a customer of a telephone company which provides service through a local exchange or a customer of a company that provides wireless phone service and who is certified by the Division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication or other assistive technology capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service;

      (b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone, including, without limitation, a wireless phone, or other means with other persons through a dual-party relay system or other assistive technology; and

      (c) Interpreters are made available, when possible, to the Executive, Judicial and Legislative Departments of State Government to assist those departments in providing access to persons who are deaf or hard of hearing. The Division shall, to the extent money is available, employ one or more interpreters in the unclassified service of the State for the purposes of this paragraph.

      2.  The program developed pursuant to subsection 1 must include the establishment of centers for persons who are deaf or hard of hearing that provide services which must include, without limitation:

      (a) Facilitating the provision and distribution of devices for telecommunication and other assistive technology to persons with impaired speech or hearing;

      (b) Assisting persons who are deaf or have severely impaired speech or hearing in accessing assistive devices, including, without limitation, hearing aids, electrolarynxes and devices for telecommunication and other assistive technology;

      (c) Expanding the capacity for service using devices for telecommunication and other assistive technology in areas where there is a need for such devices and technology and services for persons with impaired speech or hearing are not available;

      (d) Providing instruction in language acquisition to persons determined by the center to be eligible for services; and

      (e) Providing programs designed to increase access to education, employment and health and social services.

      3.  A surcharge of not more than 8 cents per month is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this State and on each personal wireless access line of each customer of any company that provides wireless phone services in this State. The surcharge must be used to:

      (a) Cover the costs of the program;

      (b) Fund the centers for persons who are deaf or hard of hearing established pursuant to subsection 2; and

      (c) Cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

 

 


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ê2017 Statutes of Nevada, Page 3581 (Chapter 528, SB 443)ê

 

Ê The Public Utilities Commission of Nevada shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the Commission pursuant to regulations adopted by the Commission.

      4.  The Account for Services for Persons With Impaired Speech or Hearing is hereby created within the State General Fund and must be administered by the Division. Any money collected from the surcharge imposed pursuant to subsection 3 must be deposited in the State Treasury for credit to the Account. The money in the Account may be used only:

      (a) For the purchase, maintenance, repair and distribution of the devices for telecommunication and other assistive technology, including the distribution of such devices and technology to state agencies and nonprofit organizations;

      (b) To establish and maintain the dual-party relay system;

      (c) To reimburse telephone companies and companies that provide wireless phone services for the expenses incurred in collecting and transferring to the Public Utilities Commission of Nevada the surcharge imposed by the Commission;

      (d) For the general administration of the program developed and administered pursuant to subsection 1;

      (e) To train persons in the use of the devices for telecommunication and other assistive technology;

      (f) To fund the centers for persons who are deaf or hard of hearing established pursuant to subsection 2; and

      (g) To cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

      5.  For the purposes of this section:

      (a) “Device for telecommunication” means a device which is used to send messages through the telephone system, including, without limitation, the wireless phone system, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

      (b) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.

      Sec. 4.  The Division of Human Resource Management of the Department of Administration shall examine the duties and responsibilities of the interpreter positions made available pursuant to the program developed by the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 427A.797, as amended by section 3 of this act, and submit to the Interim Finance Committee a list of those duties and responsibilities and a recommended salary for the positions. The Interim Finance Committee shall review the duties and responsibilities of the positions and establish a salary for the positions.

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

________

 


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ê2017 Statutes of Nevada, Page 3582ê

 

CHAPTER 529, SB 458

Senate Bill No. 458–Committee on Finance

 

CHAPTER 529

 

[Approved: June 9, 2017]

 

AN ACT relating to education; abolishing the P-20W Advisory Council; creating the P-20W Research Data System Advisory Committee; prescribing the membership and duties of the Committee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 2007, the P-16 Advisory Council was created to assist in the coordination between elementary, secondary and higher education in this State. (Section 6 of chapter 522, Statutes of Nevada 2007, pp. 3156-57) In 2013, the membership of the P-16 Advisory Council was revised and the Council was renamed the P-20W Advisory Council. (Section 1 of chapter 139, Statutes of Nevada 2013, pp. 475-76)

      Existing law requires the P-20W Advisory Council to address, in part: (1) methods to ensure the successful transition of children from early childhood education programs to elementary school; (2) the development and oversight of a statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the State’s workforce; and (3) a plan for collaborative research using data from the statewide longitudinal data system. (NRS 400.040)

      Section 9 of this bill abolishes the Council and repeals provisions relating to the meetings and duties of the Council. Section 3 of this bill instead creates the P-20W Research Data System Advisory Committee, consisting of three ex officio members and such additional members as the Governor determines are necessary or desirable. Section 4 of this bill requires the Committee to: (1) develop and oversee a statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State; (2) develop a plan for collaborative research using data from the statewide longitudinal data system; and (3) advise and assist certain entities with certain duties relating to the operation of the statewide longitudinal data system and the work of the Committee. Section 6 of this bill requires the Committee to: (1) prepare and post a biennial report of its activities and any recommendations on the Internet website maintained by the Department of Employment, Training and Rehabilitation; and (2) submit the written report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature and the Governor. Section 7 of this bill makes a conforming change.

      Senate Bill No. 516 of this session, if enacted, would require the Executive Director of the Office of Workforce Innovation in the Office of the Governor to 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 State’s workforce. Sections 6.5, 7.3 and 7.7 of this bill, which become effective only if Senate Bill No. 516 is enacted and becomes effective, make conforming changes to this bill to require: (1) the Office of Workforce Innovation to provide any necessary administrative support for the P-20W Research Data System Advisory Committee; (2) the Committee to support and advise the Executive Director of the Office of Workforce Innovation as he or she maintains and oversees the statewide longitudinal data system; and (3) the Committee to post its biennial report on the website of the Office of Workforce Innovation.

 


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ê2017 Statutes of Nevada, Page 3583 (Chapter 529, SB 458)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 400 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. “Committee” means the P-20W Research Data System Advisory Committee created by section 3 of this act.

      Sec. 3. 1.  The P-20W Research Data System Advisory Committee is hereby created to assist in the coordination and management of the statewide longitudinal data system developed pursuant to section 4 of this act. The Chancellor of the System, the Superintendent of Public Instruction and the Director of the Department of Employment, Training and Rehabilitation or their designees serve as ex officio members of the Committee.

      2.  The Committee may, by a vote of the majority of the Committee, nominate additional members for consideration by the Governor to be appointed to the Committee. The Governor may appoint a nominee to the Committee if the Governor determines that the addition of the nominee to the Committee is necessary or desirable.

      3.  Each appointed member of the Committee serves a term of 3 years and may be reappointed.

      4.  The Governor shall call the first meeting of the Committee. At its first meeting and annually thereafter, the members of the Committee shall elect a Chair and a Vice Chair from among the members of the Committee.

      5.  The Committee shall meet at least once each calendar year and, after its first meeting, at the call of the Chair.

      6.  The Department of Employment, Training and Rehabilitation shall provide any administrative support necessary for the Committee to carry out its duties.

      Sec. 4. The Committee shall:

      1.  Develop and oversee a statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State;

      2.  Develop a plan for collaborative research using data from the statewide longitudinal data system developed pursuant to subsection 1; and

      3.  Advise and assist the System, the Department of Education and the Department of Employment, Training and Rehabilitation in:

      (a) Applying for and obtaining grants of money for the operation of the statewide longitudinal data system developed pursuant to subsection 1 or to carry out the work of the Committee;

      (b) Budgeting for the operation of the statewide longitudinal data system developed pursuant to subsection 1 or to carry out the work of the Committee;

      (c) Proposing legislation relating to the statewide longitudinal data system developed pursuant to subsection 1 or to carry out the work of the Committee; and

      (d) Matters relating to any contract for any services necessary for the operation or utilization of the statewide longitudinal data system developed pursuant to subsection 1 or to carry out the work of the Committee.

 


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ê2017 Statutes of Nevada, Page 3584 (Chapter 529, SB 458)ê

 

      Sec. 5. NRS 400.010 is hereby amended to read as follows:

      400.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [400.015 and] 400.020 and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 400.045 is hereby amended to read as follows:

      400.045  On or before June 30 of each even-numbered year, the [Council] Committee shall [submit] :

      1.  Prepare and post a written report of its activities and any recommendations on the Internet website maintained by the Department of Employment, Training and Rehabilitation; and

      2.  Submit a copy of the written report prepared pursuant to subsection 1 to the:

      [1.  Board of Regents of the University of Nevada;

      2.  State Board;

      3.](a) Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature;

      [4.  Legislative Committee on Education; and

      5.] and

      (b) Governor.

      Sec. 6.5. NRS 400.045 is hereby amended to read as follows:

      400.045  On or before June 30 of each even-numbered year, the Committee shall:

      1.  Prepare and post a written report of its activities and any recommendations on the Internet website maintained by the [Department of Employment, Training and Rehabilitation;] Office of Workforce Innovation; and

      2.  Submit a copy of the written report prepared pursuant to subsection 1 to the:

      (a) Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature; and

      (b) Governor.

      Sec. 7. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  The Administrator may, in accordance with a cooperative agreement among all participants in the statewide longitudinal data system developed pursuant to [NRS 400.040,] section 4 of this act, make the information obtained by the Division available to:

      (a) The Board of Regents of the University of Nevada for the purpose of complying with the provisions of subsection 4 of NRS 396.531; and

      (b) The Director of the Department of Employment, Training and Rehabilitation for the purpose of complying with the provisions of paragraph (d) of subsection 1 of NRS 232.920.

 


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      4.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation;

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS; and

      (f) The Secretary of State to operate the state business portal established pursuant to chapter 75A of NRS for the purposes of verifying that data submitted via the portal has satisfied the necessary requirements established by the Division, and as necessary to maintain the technical integrity and functionality of the state business portal established pursuant to chapter 75A of NRS.

Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      5.  Upon written request made by the State Controller or a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government, as applicable. Except as otherwise provided in NRS 239.0115, the information obtained by the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation assigned to the State Controller for collection or owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      6.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

 


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may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      7.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      8.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  In addition to the provisions of subsection 6, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A, 363B and 363C of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      10.  The Division of Industrial Relations of the Department of Business and Industry shall periodically submit to the Administrator, from information in the index of claims established pursuant to NRS 616B.018, a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS. Upon receipt of that information, the Administrator shall compare the information so provided with the records of the Employment Security Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the Division of Industrial Relations must be in a form determined by the Administrator and must contain the social security number of each such person. If it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency.

      11.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      12.  If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he or she is guilty of a gross misdemeanor.

 


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employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he or she is guilty of a gross misdemeanor.

      13.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 7.3. Section 3 of this act is hereby amended to read as follows:

      Sec. 3.  1.  The P-20W Research Data System Advisory Committee is hereby created to assist in the coordination and management of the statewide longitudinal data system [developed] administered by the Office of Workforce Innovation pursuant to section [4 of this act.] 20 of Senate Bill No. 516. The Chancellor of the System, the Superintendent of Public Instruction and the Director of the Department of Employment, Training and Rehabilitation or their designees serve as ex officio members of the Committee.

       2.  The Committee may, by a vote of the majority of the Committee, nominate additional members for consideration by the Governor to be appointed to the Committee. The Governor may appoint a nominee to the Committee if the Governor determines that the addition of the nominee to the Committee is necessary or desirable.

       3.  Each appointed member of the Committee serves a term of 3 years and may be reappointed.

       4.  The Governor shall call the first meeting of the Committee. At its first meeting and annually thereafter, the members of the Committee shall elect a Chair and a Vice Chair from among the members of the Committee.

       5.  The Committee shall meet at least once each calendar year and, after its first meeting, at the call of the Chair.

       6.  The [Department of Employment, Training and Rehabilitation] Office of Workforce Innovation shall provide any administrative support necessary for the Committee to carry out its duties.

      Sec. 7.7. Section 4 of this act is hereby amended to read as follows:

      Sec. 4.  1.  The Committee shall:

       [1.  Develop]

      (a) Support and [oversee a] advise the Executive Director of the Office of Workforce Innovation regarding the maintenance and oversight of 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;

      2.](b) Develop a plan for collaborative research using data from the statewide longitudinal data system ; [developed pursuant to subsection 1;] and

 


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      [3.](c) Advise and assist the System, the Department of Education , the Office of Workforce Innovation and the Department of Employment, Training and Rehabilitation in:

      [(a)](1) Applying for and obtaining grants of money for the operation of the statewide longitudinal data system [developed pursuant to subsection 1] or to carry out the work of the Committee;

      [(b)](2) Budgeting for the operation of the statewide longitudinal data system [developed pursuant to subsection 1] or to carry out the work of the Committee;

      [(c)](3) Proposing legislation relating to the statewide longitudinal data system [developed pursuant to subsection 1] or to carry out the work of the Committee; and

      [(d)](4) Matters relating to any contract for any services necessary for the operation or utilization of the statewide longitudinal data system [developed pursuant to subsection 1] or to carry out the work of the Committee.

      2.  As used in this section, “statewide longitudinal data system” means the system administered by the Office of Workforce Innovation pursuant to section 20 of Senate Bill No. 516.

      Sec. 8.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 9. NRS 400.015, 400.025, 400.030, 400.035 and 400.040 are hereby repealed.

      Sec. 10.  1.  This section and sections 1 to 6, inclusive, 7, 8 and 9 of this act become effective on July 1, 2017.

      2.  Sections 6.5, 7.3 and 7.7 of this act become effective on July 1, 2017, if and only if, Senate Bill No. 516 is enacted by the Legislature and approved by the Governor.

________

 

 

 

 

 

 


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CHAPTER 530, SB 497

Senate Bill No. 497–Committee on Legislative Operations and Elections

 

CHAPTER 530

 

[Approved: June 9, 2017]

 

AN ACT relating to education; creating the Advisory Task Force on School Leader Management; requiring the Task Force to conduct a study concerning the evaluation, preparation, licensure, recruitment, professional development and compensation of educational administrators; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill creates the Advisory Task Force on School Leader Management to conduct a study during the 2017-2018 legislative interim. The study must consider: (1) the statewide performance evaluation system as it relates to administrators; (2) systems of school leader preparation; (3) the qualifications for licensure of administrators; (4) the recruitment of administrators; (5) professional development for administrators; and (6) the compensation of administrators. The Task Force is required to submit a report of its activities, findings and recommendations to certain specified persons and entities on or before May 31, 2018.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Advisory Task Force on School Leader Management is hereby created consisting of:

      (a) Two members of the State Board of Education, appointed by the President of the Board;

      (b) Two members who may be Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;

      (c) Two members who may be members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly;

      (d) One member who is a school administrator, appointed by the Nevada Association of School Administrators, or its successor organization;

      (e) One member who is a licensed teacher, appointed by the Nevada State Education Association, or its successor organization;

      (f) One member who is the superintendent of schools of a school district, appointed by the Nevada Association of School Superintendents, or its successor organization;

      (g) One member who is the dean of a college of education at one of the universities of the Nevada System of Higher Education or a representative of such a college of education nominated by such a dean, appointed by the Chancellor of the System;

      (h) One member who is the parent of a pupil enrolled in a public school in this State, appointed by the Legislative Commission from a list of nominees submitted by the Nevada Parent Teacher Association;

      (i) One member appointed by the Teachers and Leaders Council of Nevada created by NRS 391.455 from among its members; and

 


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      (j) One member who represents the business community in this State, appointed by the Legislative Commission.

      2.  The Task Force shall study:

      (a) The statewide performance evaluation system adopted by the State Board of Education pursuant to NRS 391.465 as it relates to administrators;

      (b) Systems of school leader preparation, as approved by the State Board of Education pursuant to NRS 391.038 or by the Commission on Professional Standards in Education pursuant to NRS 391.019;

      (c) The qualifications for licensure of administrators prescribed by the Commission on Professional Standards in Education pursuant to NRS 391.019;

      (d) The recruitment of administrators;

      (e) Professional development for administrators, as provided by a school district, regional training program for the professional development of teachers and administrators or other entity; and

      (f) The compensation of administrators pursuant to chapter 288 of NRS and any program of performance pay and enhanced compensation established by a school district pursuant to NRS 391A.450.

      3.  The Task Force may make recommendations concerning any matter relating to the study to ensure that all areas of the study are aligned statewide so that school leaders are adequately prepared to ensure the college and career readiness of all pupils, including, without limitation, recommendations concerning:

      (a) Budgets;

      (b) Proposed legislation;

      (c) Proposed regulations; and

      (d) Policies.

      4.  At the first meeting of the Task Force, the members of the Task Force shall elect a Chair and a Vice Chair by majority vote.

      5.  The Task Force shall hold its first meeting not later than August 31, 2017, and shall meet not less than four times before June 30, 2018.

      6.  A majority of the members of the Task Force 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 Task Force.

      7.  The Department of Education shall provide the Task Force with such staff as is necessary for the Task Force to carry out its duties.

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

      9.  Any costs associated with employing a substitute teacher to enable a member of the Task Force who is a teacher to attend a meeting of the Task Force must be paid by the school district or charter school that employs the member.

      10.  A Legislator who is a member of the Task Force is entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day’s attendance at a meeting of the Task Force, the per diem allowance provided for state officers generally and travel expenses provided pursuant to NRS 218A.655.

 


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attendance at a meeting of the Task Force, the per diem allowance provided for state officers generally and travel expenses provided pursuant to NRS 218A.655. The compensation, per diem allowances and travel expenses of the legislative members of the Task Force, if any, must be paid from the Legislative Fund.

      11.  While engaged in the business of the Task Force, to the extent that money is available for that purpose, the members of the Task Force who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      12.  The Task Force shall, on or before May 31, 2018, prepare and submit a report outlining the activities, findings and recommendations of the Task Force to:

      (a) The Governor;

      (b) The Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature;

      (c) The State Board of Education;

      (d) The Commission on Professional Standards in Education; and

      (e) The Teachers and Leaders Council of Nevada.

      13.  As used in this section, “administrator” means an administrator who provides primarily administrative services at the school level or an administrator at the district level who provides direct supervision of the principal of a school.

      Sec. 2.  This act becomes effective on July 1, 2017, and expires by limitation on June 30, 2018.

________

CHAPTER 531, SB 498

Senate Bill No. 498–Committee on Commerce, Labor and Energy

 

CHAPTER 531

 

[Approved: June 9, 2017]

 

AN ACT relating to mortgage lending; revising provisions relating to continuing education for mortgage brokers and mortgage agents; revising provisions for the examination of mortgage brokers and mortgage bankers; authorizing the Commissioner of Mortgage Lending to waive the monthly report of activity of a mortgage broker or mortgage banker; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a mortgage broker or mortgage agent to satisfy certain requirements for continuing education. (NRS 645B.051, 645B.430) Sections 1 and 3.5 of this bill eliminate a requirement that certain courses of continuing education for a mortgage broker or mortgage agent include at least 3 hours relating to the laws and regulations of this State and reduce the number of hours of continuing education which must be completed annually by a mortgage broker or mortgage agent.

      Existing law requires the Commissioner of Mortgage Lending to perform annual examinations of mortgage brokers and mortgage bankers. (NRS 645B.060, 645E.300) Sections 1.5 and 6 of this bill eliminate the requirement for an annual examination and instead require the Commissioner to conduct, at his or her discretion, periodic standard examinations of a mortgage broker or mortgage banker.

 


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      Existing law requires each mortgage broker or mortgage banker to submit a monthly report of the activity of the mortgage broker or mortgage banker to the Commissioner. (NRS 645B.080, 645E.350) Sections 2 and 7 of this bill allow the Commissioner to waive this requirement if substantially similar information is available to the Commissioner from another source.

 

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 645B.051 is hereby amended to read as follows:

      645B.051  1.  Except as otherwise provided in subsection 2, in addition to the requirements set forth in NRS 645B.050, to renew a license as a mortgage broker:

      (a) If the licensee is a natural person, the licensee must submit to the Commissioner satisfactory proof that the licensee attended at least [10] 8 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

      (b) If the licensee is not a natural person, the licensee must submit to the Commissioner satisfactory proof that each natural person who supervises the daily business of the licensee attended at least [10] 8 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires.

      2.  In lieu of the continuing education requirements set forth in paragraph (a) or (b) of subsection 1, a licensee or any natural person who supervises the daily business of the licensee who, pursuant to subsection 1 of NRS 645F.267, is not required to register or renew with the Registry and who has not voluntarily registered or renewed with the Registry must submit to the Commissioner satisfactory proof that he or she attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires. The hours of continuing education required by this subsection must include [:

      (a)At least 3 hours relating to the laws and regulations of this State; and

      (b)At] at least 2 hours relating to ethics.

      3.  As used in this section, “certified course of continuing education” means a course of continuing education which relates to the mortgage industry or mortgage transactions and which meets the requirements set forth by the Commissioner by regulation pursuant to NRS 645B.0138.

      Sec. 1.5. NRS 645B.060 is hereby amended to read as follows:

      645B.060  1.  Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over mortgage brokers and mortgage agents doing business in this State.

      2.  In addition to the other duties imposed upon him or her by law, the Commissioner shall:

      (a) Adopt regulations:

             (1) Setting forth the requirements for an investor to acquire ownership of or a beneficial interest in a loan secured by a lien on real property. The regulations must include, without limitation, the minimum financial conditions that the investor must comply with before becoming an investor.

 


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             (2) Establishing reasonable limitations and guidelines on loans made by a mortgage broker to a director, officer, mortgage agent or employee of the mortgage broker.

      (b) Adopt any other regulations that are necessary to carry out the provisions of this chapter, except as to loan brokerage fees.

      (c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.

      (d) [Except as otherwise provided in subsection 4, conduct an annual examination] Conduct, at his or her discretion, periodic standard examinations of each mortgage broker doing business in this State [. The annual examination] which must include, without limitation, a formal exit review with the mortgage broker. The Commissioner shall adopt regulations prescribing:

             (1) Standards for determining the rating of each mortgage broker based upon the results of [the annual] a periodic standard examination; and

             (2) Procedures for resolving any objections made by the mortgage broker to the results of [the annual] a periodic standard examination. The results of [the annual] a periodic standard examination may not be opened to public inspection pursuant to NRS 645B.090 until after a period of time set by the Commissioner to determine any objections made by the mortgage broker.

      (e) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary for the efficient administration of the laws of this State regarding mortgage brokers and mortgage agents. The Commissioner shall adopt regulations specifying the general guidelines that will be followed when a periodic or special audit of a mortgage broker is conducted pursuant to this chapter.

      (f) Classify as confidential certain records and information obtained by the Division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by:

             (1) The Legislative Auditor; or

             (2) The Department of Taxation if necessary to carry out the provisions of chapters 363A and 363C of NRS.

      (g) Conduct such examinations and investigations as are necessary to ensure that mortgage brokers and mortgage agents meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.

      3.  For each special audit, investigation or examination, a mortgage broker or mortgage agent shall pay a fee based on the rate established pursuant to NRS 645F.280.

      [4.  The Commissioner may conduct examinations of a mortgage broker, as described in paragraph (d) of subsection 2, on a biennial instead of an annual basis if the mortgage broker:

      (a)Received a rating in the last annual examination that meets a threshold determined by the Commissioner;

      (b)Has not had any adverse change in financial condition since the last annual examination, as shown by financial statements of the mortgage broker;

      (c)Has not had any complaints received by the Division that resulted in any administrative action by the Division; and

 


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      (d)Does not maintain any trust accounts pursuant to NRS 645B.170 or 645B.175 or arrange loans funded by private investors.]

      Sec. 2. NRS 645B.080 is hereby amended to read as follows:

      645B.080  1.  Each mortgage broker shall keep and maintain at all times at each location where the mortgage broker conducts business in this state complete and suitable records of all mortgage transactions made by the mortgage broker at that location. Each mortgage broker shall also keep and maintain at all times at each such location all original books, papers and data, or copies thereof, clearly reflecting the financial condition of the business of the mortgage broker.

      2.  [Each] Except as otherwise provided in subsection 3, each mortgage broker shall submit to the Commissioner each month a report of the mortgage broker’s activity for the previous month. The report must:

      (a) Specify the volume of loans arranged by the mortgage broker for the month or state that no loans were arranged in that month;

      (b) Include any information required pursuant to NRS 645B.260 or pursuant to the regulations adopted by the Commissioner; and

      (c) Be submitted to the Commissioner by the 15th day of the month following the month for which the report is made.

      3.  The Commissioner may waive the requirement to submit a report pursuant to subsection 2 if substantially similar information is available to the Commissioner from another source.

      4.  The Commissioner may adopt regulations prescribing accounting procedures for mortgage brokers handling trust accounts and the requirements for keeping records relating to such accounts.

      [4.]5.  Each mortgage broker who is required to register or voluntarily registers with the Registry shall submit to the Registry and the Commissioner a report of condition or any other report required by the Registry in the form and at the time required by the Registry.

      Sec. 2.5. NRS 645B.090 is hereby amended to read as follows:

      645B.090  1.  Except as otherwise provided in this section or by specific statute, all papers, documents, reports and other written instruments filed with the Commissioner pursuant to this chapter are open to public inspection.

      2.  Except as otherwise provided in subsection 3, the Commissioner may withhold from public inspection or refuse to disclose to a person, for such time as the Commissioner considers necessary, any information that, in the Commissioner’s judgment, would:

      (a) Impede or otherwise interfere with an investigation or examination that is currently pending against a mortgage broker;

      (b) Have an undesirable effect on the welfare of the public; or

      (c) Reveal personal information in violation of NRS 239B.030.

      3.  Except as otherwise provided in NRS 645B.092, the Commissioner shall disclose the following information concerning a mortgage broker to any person who requests it:

      (a) The findings and results of any investigation which has been completed during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter and which has resulted in a finding by the Commissioner that the mortgage broker committed a violation of a provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner;

 


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      (b) The nature of any disciplinary action that has been taken during the immediately preceding 5 years against the mortgage broker pursuant to the provisions of this chapter; and

      (c) If the mortgage broker makes or offers for sale in this State any investments in promissory notes secured by liens on real property:

             (1) Any information in the possession of the Commissioner regarding the present and past ownership and management structure of the mortgage broker; and

             (2) The findings and results of:

                   (I) All examinations or investigations of the mortgage broker conducted pursuant to NRS 645B.060 during the immediately preceding 5 years, including, without limitation, [annual or biennial examinations] any periodic standard examination of the mortgage broker conducted pursuant to NRS 645B.060, including, without limitation, the rating for each annual or biennial examination and an explanation of the standards for determining that rating; and

                   (II) Any other examination or audit, investigation or hearing which has been completed during the immediately preceding 3 years against the mortgage broker pursuant to the provisions of this chapter.

      Sec. 3. NRS 645B.260 is hereby amended to read as follows:

      645B.260  1.  If a mortgage broker maintains any accounts described in subsection 4 of NRS 645B.175 in which the mortgage broker deposits payments from a debtor on a loan secured by a lien on real property and, on the last day of any month, the debtor has failed to make two or more consecutive payments in accordance with the terms of the loan, the mortgage broker shall:

      (a) Include in the report that the mortgage broker submits to the Commissioner pursuant to subsection 2 of NRS 645B.080 , if any, the information relating to delinquencies in payments and defaults that is required by the regulations adopted pursuant to subsection 2;

      (b) Not later than 15 days after the last day of each such month, mail to the last known address of each investor who owns a beneficial interest in the loan a notice containing the information relating to delinquencies in payments and defaults that is required by the regulations adopted pursuant to subsection 2; and

      (c) Comply with the provisions of this section each month on a continuing basis until:

             (1) The debtor or the debtor’s designee remedies the delinquency in payments and any default; or

             (2) The lien securing the loan is extinguished.

      2.  The Commissioner:

      (a) Shall adopt regulations prescribing the information relating to delinquencies in payments and defaults that a mortgage broker must include in his or her report to the Commissioner and in the notice mailed to investors pursuant to subsection 1. Such regulations may provide for variations between the information that a mortgage broker must include in his or her report to the Commissioner and the information that a mortgage broker must include in the notice mailed to investors.

      (b) May adopt any other regulations that are necessary to carry out the provisions of this section.

 


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ê2017 Statutes of Nevada, Page 3596 (Chapter 531, SB 498)ê

 

      Sec. 3.5. NRS 645B.430 is hereby amended to read as follows:

      645B.430  1.  A license as a mortgage agent issued pursuant to NRS 645B.410 expires each year on December 31, unless it is renewed. To renew a license as a mortgage agent, the holder of the license must continue to meet the requirements of subsection 3 of NRS 645B.410 and must submit to the Commissioner on or after November 1 and on or before December 31 of each year, or on a date otherwise specified by the Commissioner by regulation:

      (a) An application for renewal;

      (b) Except as otherwise provided in this section, satisfactory proof that the holder of the license as a mortgage agent attended at least [10] 8 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires; and

      (c) A renewal fee set by the Commissioner of not more than $170.

      2.  In lieu of the continuing education requirement set forth in paragraph (b) of subsection 1, the holder of a license as a mortgage agent who, pursuant to subsection 1 of NRS 645F.267, is not required to register or renew with the Registry and who has not voluntarily registered or renewed with the Registry must submit to the Commissioner satisfactory proof that he or she attended at least 5 hours of certified courses of continuing education during the 12 months immediately preceding the date on which the license expires. The hours of continuing education required by this subsection must include [:

      (a)At least 3 hours relating to the laws and regulations of this State; and

      (b)At] at least 2 hours relating to ethics.

      3.  If the holder of the license as a mortgage agent fails to submit any item required pursuant to subsection 1 or 2 to the Commissioner on or after November 1 and on or before December 31 of any year, unless a different date is specified by the Commissioner by regulation, the license is cancelled as of December 31 of that year. The Commissioner may reinstate a cancelled license if the holder of the license submits to the Commissioner on or before February 28 of the following year:

      (a) An application for renewal;

      (b) The fee required to renew the license pursuant to this section; and

      (c) A reinstatement fee of $75.

      4.  To change the mortgage broker with whom the mortgage agent is associated, a person must pay a fee in an amount prescribed by regulation of the Commissioner, not to exceed $50.

      5.  Money received by the Commissioner pursuant to this section is in addition to any fee that must be paid to the Registry and must be deposited in the Account for Mortgage Lending created by NRS 645F.270.

      6.  The Commissioner may require a licensee to submit an item or pay a fee required by this section directly to the Division or, if the licensee is required to register or voluntarily registers with the Registry, to the Division through the Registry.

      7.  Nothing in this section shall be construed as preventing the Commissioner from renewing the license of a mortgage agent who does not satisfy the criteria set forth in paragraph (e) of subsection 1 of NRS 645B.410 at the time of the application for renewal.

      8.  As used in this section, “certified course of continuing education” has the meaning ascribed to it in NRS 645B.051.

 


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ê2017 Statutes of Nevada, Page 3597 (Chapter 531, SB 498)ê

 

      Sec. 4. NRS 645B.690 is hereby amended to read as follows:

      645B.690  1.  If a person offers or provides any of the services of a mortgage broker or mortgage agent or otherwise engages in, carries on or holds himself or herself out as engaging in or carrying on the business of a mortgage broker or mortgage agent and, at the time:

      (a) The person was required to have a license pursuant to this chapter and the person did not have such a license;

      (b) The person was required to be registered with the Registry and the person was not so registered; or

      (c) The person’s license was suspended or revoked pursuant to this chapter,

Ê the Commissioner shall impose upon the person an administrative fine of not more than $50,000 for each violation and, if the person has a license, the Commissioner may suspend or revoke it.

      2.  If a mortgage broker violates any provision of subsection 1 of NRS 645B.080 and the mortgage broker fails, without reasonable cause, to remedy the violation within 20 business days after being ordered by the Commissioner to do so or within such later time as prescribed by the Commissioner, or if the Commissioner orders a mortgage broker to provide information, make a report or permit an examination of his or her books or affairs pursuant to this chapter and the mortgage broker fails, without reasonable cause, to comply with the order within 20 business days or within such later time as prescribed by the Commissioner, the Commissioner shall:

      (a) Impose upon the mortgage broker an administrative fine of not more than $25,000 for each violation;

      (b) Suspend or revoke the license of the mortgage broker; and

      (c) Conduct a hearing to determine whether the mortgage broker is conducting business in an unsafe and injurious manner that may result in danger to the public and whether it is necessary for the Commissioner to take possession of the property of the mortgage broker pursuant to NRS 645B.630.

      3.  If a mortgage broker:

      (a) Makes or offers for sale in this State any investments in promissory notes secured by liens on real property; and

      (b) Receives the lowest possible rating on two consecutive [annual or biennial] periodic standard examinations pursuant to NRS 645B.060,

Ê the Commissioner shall suspend or revoke the license of the mortgage broker.

      Sec. 5. NRS 645E.030 is hereby amended to read as follows:

      645E.030  “Commercial mortgage loan” means a loan primarily for a business, commercial or agricultural purpose that:

      1.  Directly or indirectly, is secured by a lien on commercial property; and

      2.  Is created with the consent of the owner of the commercial property.

      Sec. 6. NRS 645E.300 is hereby amended to read as follows:

      645E.300  1.  Subject to the administrative control of the Director of the Department of Business and Industry, the Commissioner shall exercise general supervision and control over mortgage bankers doing business in this State.

 

 


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ê2017 Statutes of Nevada, Page 3598 (Chapter 531, SB 498)ê

 

      2.  In addition to the other duties imposed upon him or her by law, the Commissioner shall:

      (a) Adopt regulations establishing reasonable limitations and guidelines on loans made by a mortgage banker to a director, officer or employee of the mortgage banker.

      (b) Adopt any other regulations that are necessary to carry out the provisions of this chapter, except as to loan fees.

      (c) Conduct such investigations as may be necessary to determine whether any person has violated any provision of this chapter, a regulation adopted pursuant to this chapter or an order of the Commissioner.

      (d) [Except as otherwise provided in subsection 4, conduct an annual examination] Conduct, at his or her discretion, periodic standard examinations of each mortgage banker doing business in this State.

      (e) Conduct such other examinations, periodic or special audits, investigations and hearings as may be necessary for the efficient administration of the laws of this State regarding mortgage bankers.

      (f) Classify as confidential certain records and information obtained by the Division when those matters are obtained from a governmental agency upon the express condition that they remain confidential. This paragraph does not limit examination by:

             (1) The Legislative Auditor; or

             (2) The Department of Taxation if necessary to carry out the provisions of chapters 363A and 363C of NRS.

      (g) Conduct such examinations and investigations as are necessary to ensure that mortgage bankers meet the requirements of this chapter for obtaining a license, both at the time of the application for a license and thereafter on a continuing basis.

      3.  For each special audit, investigation or examination, a mortgage banker shall pay a fee based on the rate established pursuant to NRS 645F.280.

      [4.  The Commissioner may conduct biennial examinations of a mortgage banker instead of annual examinations, as described in paragraph (d) of subsection 2, if the mortgage banker:

      (a) Received a rating in the last annual examination that meets a threshold determined by the Commissioner;

      (b) Has not had any adverse change in financial condition since the last annual examination, as shown by financial statements of the mortgage banker; and

      (c) Has not had any complaints received by the Division that resulted in any administrative action by the Division.]

      Sec. 7. NRS 645E.350 is hereby amended to read as follows:

      645E.350  1.  Each mortgage banker shall keep and maintain at all times at each location where the mortgage banker conducts business in this State complete and suitable records of all mortgage transactions made by the mortgage banker at that location. Each mortgage banker shall also keep and maintain at all times at each such location all original books, papers and data, or copies thereof, clearly reflecting the financial condition of the business of the mortgage banker.

 

 

 


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ê2017 Statutes of Nevada, Page 3599 (Chapter 531, SB 498)ê

 

      2.  [Each] Except as otherwise provided in subsection 3, each mortgage banker shall submit to the Commissioner each month a report of the mortgage banker’s activity for the previous month. The report must:

      (a) Specify the volume of loans made by the mortgage banker for the month or state that no loans were made in that month;

      (b) Include any information required pursuant to the regulations adopted by the Commissioner; and

      (c) Be submitted to the Commissioner by the 15th day of the month following the month for which the report is made.

      3.  The Commissioner may waive the requirement to submit a report pursuant to subsection 2 if substantially similar information is available to the Commissioner from another source.

      4.  The Commissioner may adopt regulations prescribing accounting procedures for mortgage bankers handling trust accounts and the requirements for keeping records relating to such accounts.

      [4.]5.  A licensee who operates outside this State an office or other place of business which is licensed pursuant to this chapter shall:

      (a) Make available at a location within this State the books, accounts, papers, records and files of the office or place of business located outside this State to the Commissioner or a representative of the Commissioner; or

      (b) Pay the reasonable expenses for travel, meals and lodging of the Commissioner or a representative of the Commissioner incurred during any investigation or examination made at the office or place of business located outside this State.

Ê The licensee must be allowed to choose between paragraph (a) or (b) in complying with the provisions of this subsection.

      [5.]6.  Each mortgage banker who is required to register or voluntarily registers with the Registry shall submit to the Registry and the Commissioner a report of condition or any other report required by the Registry in the form and at the time required by the Registry.

      Sec. 8.  This act becomes effective:

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

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

________

 

 

 


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ê2017 Statutes of Nevada, Page 3600ê

 

CHAPTER 532, SB 500

Senate Bill No. 500–Committee on Government Affairs

 

CHAPTER 532

 

[Approved: June 9, 2017]

 

AN ACT relating to State Government; consolidating the Manufactured Housing Division of the Department of Business and Industry within the Housing Division of the Department; creating the Account for Housing Inspection and Compliance within the Housing Division; revising provisions governing the Account for Low-Income Housing; creating the position of Housing Advocate within the Housing Division; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Housing Division and the Manufactured Housing Division as divisions within the Department of Business and Industry. (NRS 232.510) The Director of the Department is required to appoint an Administrator of the Housing Division and an Administrator of the Manufactured Housing Division to serve as chiefs of each respective division. (NRS 232.520) Sections 1, 2, 12, 13, 44 and 45 of this bill remove provisions of existing law referencing the Manufactured Housing Division and consolidate the functions of the Manufactured Housing Division under the Housing Division of the Department. Sections 3-9, 14, 15, 21, 22, 29-33, 35, 36, 39, 41, 44, 45 and 53 of this bill make conforming changes.

      Section 24 of this bill creates the Account for Housing Inspection and Compliance and requires this Account to be administered by the Housing Division. Section 24 additionally requires the Administrator to adopt regulations concerning the management and operations of the Account. Sections 11, 16, 17, 20, 26, 27, 37, 38, 41-43, 46, 47 and 50-52 of this bill make conforming changes.

      Existing law creates the Fund for Low-Income Owners of Manufactured Homes. (NRS 118B.215) Section 19 of this bill eliminates this Fund and directs the money from the Account for Low-Income Housing created by NRS 319.500 to be used for purposes provided for by the Fund under existing law.

      Existing law creates the Account for Low-Income Housing and establishes the purposes for which the Account must be used. (NRS 319.500, 319.510) Section 28 of this bill requires that the Account for Low-Income Housing also be used to assist an eligible person by supplementing their monthly rent for the manufactured home lot on which their manufactured home is located, but imposes a $75,000 annual limit on the use of proceeds from the real property transfer tax which are deposited in the Account for this purpose.

      Existing law requires that all money collected from administrative fines imposed on persons involved in the manufacture, sale, distribution, alteration, transportation and installation of manufactured homes, mobile homes and factory-built housing to be deposited in the State General Fund. Section 46 of this bill requires all money collected from fees and administrative fines imposed on such persons to be deposited in the Account created in section 24.

      Section 25 of this bill creates the position of Housing Advocate within the Housing Division and establishes the requirements a person must satisfy to be appointed to this office. Section 25 further provides the duties for which the Housing Advocate is responsible and that the Administrator may remove the Housing Advocate from office for any reason not prohibited by law.

 


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ê2017 Statutes of Nevada, Page 3601 (Chapter 532, SB 500)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 232.510 is hereby amended to read as follows:

      232.510  1.  The Department of Business and Industry is hereby created.

      2.  The Department consists of a Director and the following:

      (a) Consumer Affairs Division.

      (b) Division of Financial Institutions.

      (c) Housing Division.

      (d) [Manufactured Housing Division.

      (e)] Real Estate Division.

      [(f)] (e) Division of Insurance.

      [(g)] (f) Division of Industrial Relations.

      [(h)] (g) Office of Labor Commissioner.

      [(i)] (h) Taxicab Authority.

      [(j)] (i) Nevada Athletic Commission.

      [(k)] (j) Office of the Nevada Attorney for Injured Workers.

      [(l)] (k) Nevada Transportation Authority.

      [(m)] (l) Division of Mortgage Lending.

      [(n)] (m) Any other office, commission, board, agency or entity created or placed within the Department pursuant to a specific statute, the budget approved by the Legislature or an executive order, or an entity whose budget or activities have been placed within the control of the Department by a specific statute.

      Sec. 2. NRS 232.520 is hereby amended to read as follows:

      232.520  The Director:

      1.  Shall appoint a chief or executive director, or both of them, of each of the divisions, offices, commissions, boards, agencies or other entities of the Department, unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the Director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the Department, if any. The chief of the Consumer Affairs Division is the Commissioner of Consumer Affairs, the chief of the Division of Financial Institutions is the Commissioner of Financial Institutions, the chief of the Housing Division is the Administrator of the Housing Division, [the chief of the Manufactured Housing Division is the Administrator of the Manufactured Housing Division,] the chief of the Real Estate Division is the Real Estate Administrator, the chief of the Division of Insurance is the Commissioner of Insurance, the chief of the Division of Industrial Relations is the Administrator of the Division of Industrial Relations, the chief of the Office of Labor Commissioner is the Labor Commissioner, the chief of the Taxicab Authority is the Taxicab Administrator, the chief of the Nevada Transportation Authority is the Chair of the Authority, the chief of the Division of Mortgage Lending is the Commissioner of Mortgage Lending and the chief of any other entity of the Department has the title specified by the Director, unless a different title is specified by a specific statute.

 


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ê2017 Statutes of Nevada, Page 3602 (Chapter 532, SB 500)ê

 

      2.  Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the Department. The Director may, if he or she deems it necessary to carry out his or her administrative responsibilities, be considered as a member of the staff of any division or other entity of the Department for the purpose of budget administration or for carrying out any duty or exercising any power necessary to fulfill the responsibilities of the Director pursuant to this subsection. This subsection does not allow the Director to preempt any authority or jurisdiction granted by statute to any division or other entity within the Department or to act or take on a function that would contravene a rule of court or a statute.

      3.  May:

      (a) Establish uniform policies for the Department, consistent with the policies and statutory responsibilities and duties of the divisions and other entities within the Department, relating to matters concerning budgeting, accounting, planning, program development, personnel, information services, dispute resolution, travel, workplace safety, the acceptance of gifts or donations, the management of records and any other subject for which a uniform departmental policy is necessary to ensure the efficient operation of the Department.

      (b) Provide coordination among the divisions and other entities within the Department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or use office space.

      (c) Define the responsibilities of any person designated to carry out the duties of the Director relating to financing, industrial development or business support services.

      4.  May, within the limits of the financial resources made available to the Director, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he or she determines is necessary or convenient for the exercise of the powers and duties of the Department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the Department.

      5.  For any bonds which the Director is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.

      6.  May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by the Director pursuant to chapters 348A and 349 of NRS. Except as otherwise provided by specific statute, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.

      7.  May designate any person within the Department to perform any of the duties or responsibilities, or exercise any of the authority, of the Director on his or her behalf.

      8.  May negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Director or the Department.

      9.  May establish a trust account in the State Treasury for depositing and accounting for money that is held in escrow or is on deposit with the Department for the payment of any direct expenses incurred by the Director in connection with any bond programs administered by the Director.

 


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ê2017 Statutes of Nevada, Page 3603 (Chapter 532, SB 500)ê

 

Department for the payment of any direct expenses incurred by the Director in connection with any bond programs administered by the Director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:

      (a) Carried forward to the next fiscal year for use in covering the expense for which it was originally received; or

      (b) Returned to any person entitled thereto in accordance with agreements or regulations of the Director relating to those bond programs.

      Sec. 3. NRS 108.2679 is hereby amended to read as follows:

      108.2679  “Registered owner” means:

      1.  A person whose name appears in the files of the [Manufactured] Housing Division of the Department of Business and Industry as the person to whom the mobile home or manufactured home is registered, but does not include:

      (a) A creditor who holds title to the mobile home or manufactured home; or

      (b) The owner or holder of a lien encumbering the mobile home or manufactured home.

      2.  A person whose name appears in the files of the Department of Motor Vehicles as the person to whom the vehicle is registered.

      Sec. 4. NRS 108.272 is hereby amended to read as follows:

      108.272  1.  Except as otherwise provided in subsection 2 and NRS 108.2723, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of:

      (a) The legal owner and registered owner of the property.

      (b) Each person who holds a security interest in the property.

      (c) If the lien is on a mobile home or manufactured home, each person who is listed in the records of the [Manufactured] Housing Division of the Department of Business and Industry as holding an ownership or other interest in the home.

Ê If no address is known, the notice must be addressed to that person at the place where the lien claimant has his or her place of business.

      2.  Any person who claims a lien on aircraft, aircraft equipment or parts shall:

      (a) Within 120 days after the person furnishes supplies or services; or

      (b) Within 7 days after the person receives an order to release the property,

Ê whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to the owner’s last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.

      3.  Except as otherwise provided in NRS 108.2723, the notice must contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.

      (b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, trailer, recreational vehicle, mobile home or manufactured home against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned.

 


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ê2017 Statutes of Nevada, Page 3604 (Chapter 532, SB 500)ê

 

      (d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, trailer, recreational vehicle, mobile home or manufactured home will be advertised for sale, and sold by auction at a specified time and place.

      4.  The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:

      (a) Not less than 10 days after the delivery of the notice if it is personally delivered; or

      (b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.

      Sec. 5. NRS 108.273 is hereby amended to read as follows:

      108.273  1.  The [Manufactured] Housing Division of the Department of Business and Industry shall provide a notice of lien on a mobile home or manufactured home and a notice of a sale by auction of a mobile home or manufactured home that complies with the requirements of NRS 108.270 to 108.367, inclusive.

      2.  A notice of lien on a mobile home or manufactured home or a notice of a sale by auction of a mobile home or manufactured home must be made on a form provided by the [Manufactured] Housing Division of the Department of Business and Industry.

      Sec. 6. NRS 108.2735 is hereby amended to read as follows:

      108.2735  A lien asserted against a mobile home or manufactured home expires 1 year after it is filed with the [Manufactured] Housing Division of the Department of Business and Industry.

      Sec. 7. NRS 108.310 is hereby amended to read as follows:

      108.310  Subject to the provisions of NRS 108.2723 and 108.315, the lien created in NRS 108.270 to 108.367, inclusive, may be satisfied as follows:

      1.  The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home, upon which the lien is asserted, and to the:

      (a) [Manufactured] Housing Division of the Department of Business and Industry with regard to mobile homes, manufactured homes and commercial coaches as defined in chapter 489 of NRS; or

      (b) Department of Motor Vehicles with regard to all other items included in this section.

      2.  In accordance with the terms of a notice so given, a sale by auction may be held to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home. The sale must be held in the place where the lien was acquired or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.

      3.  After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 3 consecutive weeks in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place, then in a newspaper published in this State that has a general circulation in that place.

 


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ê2017 Statutes of Nevada, Page 3605 (Chapter 532, SB 500)ê

 

weeks in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place, then in a newspaper published in this State that has a general circulation in that place. The sale must not be held less than 22 days after the time of the first publication.

      4.  From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy the lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom the lien claimant would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.

      Sec. 8. NRS 108.315 is hereby amended to read as follows:

      108.315  1.  Any landlord who desires to enforce a lien for unpaid rent or rent and utilities under the provisions of NRS 108.270 to 108.367, inclusive, must within 15 days after the rent is 30 days past due, make a demand in writing upon the registered owner of the recreational vehicle, mobile home or manufactured home, for the amount due, stating that a lien is claimed on the recreational vehicle, mobile home or manufactured home. A copy of the demand must be sent to every holder of a security interest and every person who is listed in the records of the [Manufactured] Housing Division of the Department of Business and Industry as holding an ownership or other interest in, and every tenant or subtenant of, the recreational vehicle, mobile home or manufactured home, and to the:

      (a) [Manufactured] Housing Division of the Department of Business and Industry, with regard to mobile homes and manufactured homes; or

      (b) Department of Motor Vehicles, with regard to recreational vehicles,

Ê by registered or certified mail.

      2.  To obtain the name and address of a holder of a security interest or a person who is listed in the records of the [Manufactured] Housing Division of the Department of Business and Industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home, the landlord shall, before making the demand for payment, request that information from the:

      (a) [Manufactured] Housing Division of the Department of Business and Industry, with regard to mobile homes, manufactured homes and commercial coaches as defined in chapter 489 of NRS; or

      (b) Department of Motor Vehicles, with regard to all other vehicles,

Ê and the state agency shall supply that information from its records. If the recreational vehicle, mobile home or manufactured home is registered in another state, territory or country, the landlord shall, before making the demand for payment, obtain the information from the appropriate agency of that state, territory or country.

      3.  A landlord who enforces a lien for unpaid rent may recover an amount equal to:

      (a) The amount of the unpaid rent;

      (b) The cost of any advertising and notices required pursuant to NRS 108.270 to 108.367, inclusive;

      (c) The cost and fees ordered by a court in any action contesting the validity of a lien; and

      (d) The cost of a sale, if a sale by auction is made pursuant to the provisions of NRS 108.310.

 


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ê2017 Statutes of Nevada, Page 3606 (Chapter 532, SB 500)ê

 

      4.  No recreational vehicle, mobile home or manufactured home may be sold for delinquent rent or rent and utilities until 4 months have elapsed after the first default in payment, and a notice of lien has been served pursuant to subsection 1. At least 10 days but not more than 30 days before a sale, a written notice of sale by auction must be sent to the registered owner and tenant or subtenant and to every holder of a security interest and every person who is listed in the records of the [Manufactured] Housing Division of the Department of Business and Industry as holding an ownership or other interest in the recreational vehicle, mobile home or manufactured home by registered or certified mail stating that a sale by auction of the recreational vehicle, mobile home or manufactured home is to be made pursuant to the provisions of NRS 108.310. The written notice of sale by auction must include the time and location of the sale, the amount necessary to satisfy the lien and a description of the legal proceeding available to contest the lien pursuant to NRS 108.350 and 108.355.

      Sec. 9. NRS 108.355 is hereby amended to read as follows:

      108.355  1.  A person contesting the validity of a lien on a mobile home or manufactured home may file a notice of opposition to the lien in the justice court in whose jurisdiction the mobile home or manufactured home is located. The notice of opposition must be filed within 5 days after the person filing the notice receives the notice of sale by auction, must be made on a form provided by the clerk of the justice court and must include the facts supporting the notice. The person filing the notice shall serve certified copies of it upon the lien claimant and the [Manufactured] Housing Division of the Department of Business and Industry.

      2.  Upon the filing of the notice of opposition to the lien, the justice of the peace shall schedule a hearing on the notice, which must be held as soon as practicable but not sooner than 5 days after service of the notice. The justice of the peace shall affix the date of the hearing to the notice and order that a copy be served upon the lien claimant within 5 days after the date of the order.

      3.  The justice of the peace shall either dismiss the objections to the lien claim, declare the lien invalid or declare the amount of the lien if it is different from that described by the lien claimant.

      4.  After receipt of a notice of opposition to a lien or other notice pursuant to any proceeding to contest the validity of a lien, the [Manufactured] Housing Division of the Department of Business and Industry shall not transfer the title to the mobile home or manufactured home that is the subject of the lien until the matter has been adjudicated.

      5.  This section does not affect the rights of a secured party pursuant to chapter 104 of NRS.

      Sec. 10. Chapter 118B of NRS is hereby amended by adding thereto a new section to read as follows:

      “Account” means the Account for Low-Income Housing created by NRS 319.500.

      Sec. 11. NRS 118B.010 is hereby amended to read as follows:

      118B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 118B.011 to 118B.0195, inclusive, and section 10 of this act, have the meanings ascribed to them in those sections.

      Sec. 12. NRS 118B.011 is hereby amended to read as follows:

      118B.011  “Administrator” means the [chief] Administrator of the Division.

 


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      Sec. 13. NRS 118B.012 is hereby amended to read as follows:

      118B.012  “Division” means the [Manufactured] Housing Division of the Department of Business and Industry.

      Sec. 14. NRS 118B.070 is hereby amended to read as follows:

      118B.070  1.  The landlord shall deliver to:

      (a) Each new tenant a copy of the current text of the provisions of this chapter with the rental agreement at the time the tenant signs the agreement.

      (b) Each tenant a copy of each provision of this chapter which is added, amended or repealed within 180 days after the provision becomes effective.

      2.  When the landlord provides a tenant with a copy of any provision of this chapter pursuant to subsection 1, the copy must contain a legible and typewritten statement that contains the following contact information regarding the Division in substantially the following form:

 

TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISED STATUTES

 

       To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the [Manufactured] Housing Division of the Department of Business and Industry as follows:

 

SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern Nevada)

 

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern Nevada)

 

INTERNET:

(The Internet address of the Division)

      Sec. 15. NRS 118B.071 is hereby amended to read as follows:

      118B.071  1.  The landlord of a manufactured home park shall post in a conspicuous and readily accessible place in the community or recreational facility in the manufactured home park, at or near the entrance of the manufactured home park or in another common area in the manufactured home park, a legible and typewritten sign that contains the following contact information regarding the Division in substantially the following form:

 

TENANTS OF MANUFACTURED HOME PARKS ARE ENTITLED TO CERTAIN RIGHTS UNDER NEVADA REVISED STATUTES

 

       To obtain information regarding your rights as a tenant under Nevada Revised Statutes, you may contact the [Manufactured] Housing Division of the Department of Business and Industry as follows:

 

 

 


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SOUTHERN NEVADA:

(The address of the Division in Southern Nevada)

(The local telephone number of the Division in Southern Nevada)

 

NORTHERN NEVADA:

(The address of the Division in Northern Nevada)

(The local telephone number of the Division in Northern Nevada)

 

INTERNET:

(The Internet address of the Division)

 

      2.  The Division shall notify each landlord if any of the contact information regarding the Division changes. Not later than 30 days after receiving such a notice from the Division, the landlord shall replace the existing sign with a new sign that contains the new contact information regarding the Division.

      Sec. 16. NRS 118B.150 is hereby amended to read as follows:

      118B.150  1.  Except as otherwise provided in subsections 2 and 3, the landlord or his or her agent or employee shall not:

      (a) Increase rent or additional charges unless:

             (1) The rent charged after the increase is the same rent charged for manufactured homes of the same size or lots of the same size or of a similar location within the park, including, without limitation, manufactured homes and lots which are held pursuant to a long-term lease, except that a discount may be selectively given to persons who:

                   (I) Are handicapped;

                   (II) Are 55 years of age or older;

                   (III) Are long-term tenants of the park if the landlord has specified in the rental agreement or lease the period of tenancy required to qualify for such a discount;

                   (IV) Pay their rent in a timely manner; or

                   (V) Pay their rent by check, money order or electronic means;

             (2) Any increase in additional charges for special services is the same amount for each tenant using the special service; and

             (3) Written notice advising a tenant of the increase is received by the tenant 90 days before the first payment to be increased and written notice of the increase is given to prospective tenants before commencement of their tenancy. In addition to the notice provided to a tenant pursuant to this subparagraph, if the landlord or his or her agent or employee knows or reasonably should know that the tenant receives assistance from the [Fund for Low-Income Owners of Manufactured Homes created pursuant to NRS 118B.215,] Account, the landlord or his or her agent or employee shall provide to the Administrator written notice of the increase 90 days before the first payment to be increased.

      (b) Require a tenant to pay for an improvement to the common area of a manufactured home park unless the landlord is required to make the improvement pursuant to an ordinance of a local government.

      (c) Require a tenant to pay for a capital improvement to the manufactured home park unless the tenant has notice of the requirement at the time the tenant enters into the rental agreement. A tenant may not be required to pay for a capital improvement after the tenant enters into the rental agreement unless the tenant consents to it in writing or is given 60 days’ notice of the requirement in writing.

 


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days’ notice of the requirement in writing. The landlord may not establish such a requirement unless a meeting of the tenants is held to discuss the proposal and the landlord provides each tenant with notice of the proposal and the date, time and place of the meeting not less than 60 days before the meeting. The notice must include a copy of the proposal. A notice in a periodic publication of the park does not constitute notice for the purposes of this paragraph.

      (d) Require a tenant to pay the rent by check or money order.

      (e) Require a tenant who pays the rent in cash to apply any change to which the tenant is entitled to the next periodic payment that is due. The landlord or his or her agent or employee shall have an adequate amount of money available to provide change to such a tenant.

      (f) Prohibit or require fees or deposits for any meetings held in the park’s community or recreational facility by the tenants or occupants of any manufactured home or recreational vehicle in the park to discuss the park’s affairs, or any political meeting sponsored by a tenant, if the meetings are held at reasonable hours and when the facility is not otherwise in use, or prohibit the distribution of notices of those meetings.

      (g) Interrupt, with the intent to terminate occupancy, any utility service furnished the tenant except for nonpayment of utility charges when due. Any landlord who violates this paragraph is liable to the tenant for actual damages.

      (h) Prohibit a tenant from having guests, but the landlord may require the tenant to register the guest within 48 hours after his or her arrival, Sundays and legal holidays excluded, and if the park is a secured park, a guest may be required to register upon entering and leaving.

      (i) Charge a fee for a guest who does not stay with the tenant for more than a total of 60 days in a calendar year. The tenant of a manufactured home lot who is living alone may allow one other person to live in his or her home without paying an additional charge or fee, unless such a living arrangement constitutes a violation of chapter 315 of NRS. No agreement between a tenant and his or her guest alters or varies the terms of the rental contract between the tenant and the landlord, and the guest is subject to the rules and regulations of the landlord.

      (j) Prohibit a tenant from erecting a fence on the tenant’s lot if the fence complies with any standards for fences established by the landlord, including limitations established for the location and height of fences, the materials used for fences and the manner in which fences are to be constructed.

      (k) Prohibit any tenant from soliciting membership in any association which is formed by the tenants who live in the park. As used in this paragraph, “solicit” means to make an oral or written request for membership or the payment of dues or to distribute, circulate or post a notice for payment of those dues.

      (l) Prohibit a public officer, candidate for public office or the representative of a public officer or candidate for public office from walking through the park to talk with the tenants or distribute political material.

      (m) If a tenant has voluntarily assumed responsibility to trim the trees on his or her lot, require the tenant to trim any particular tree located on the lot or dispose of the trimmings unless a danger or hazard exists.

      2.  The landlord is entitled to require a security deposit from a tenant who wants to use the manufactured home park’s clubhouse, swimming pool or other park facilities for the tenant’s exclusive use. The landlord may require the deposit at least 1 week before the use.

 


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require the deposit at least 1 week before the use. The landlord shall apply the deposit to costs which occur due to damage or cleanup from the tenant’s use within 1 week after the use, if any, and shall, on or before the eighth day after the use, refund any unused portion of the deposit to the tenant making the deposit. The landlord is not required to place such a deposit into a financial institution or to pay interest on the deposit.

      3.  The provisions of paragraphs (a), (b), (c), (j) and (m) of subsection 1 do not apply to a corporate cooperative park.

      4.  As used in this section, “long-term lease” means a rental agreement or lease the duration of which exceeds 12 months.

      Sec. 17. NRS 118B.185 is hereby amended to read as follows:

      118B.185  1.  Each owner of a manufactured home park shall pay to the Division an annual fee established by the Administrator which must not exceed $5 for each lot within that park.

      2.  The Administrator shall notify the owner of each manufactured home park on or before July 1 of each year of the fee imposed pursuant to this section.

      3.  If an owner fails to pay the fee [within 30 days after receiving written notice of its amount,] on or before August 1 of each year, a penalty of 50 percent of the amount of the fee must be added. The owner is not entitled to any reimbursement of this penalty from his or her tenants.

      [3.]4.  All fees collected by the Division pursuant to subsection 1 must be deposited in the State Treasury for credit to the Account [for Regulating Manufactured Home Parks within the Fund for Manufactured Housing created pursuant to NRS 489.491.] for Housing Inspection and Compliance created by section 24 of this act. All expenses related to the regulation of manufactured home parks must be paid from the Account [. The Account must not be used for any other purpose. Claims against the Account must be paid as other claims against the State are paid.] for Housing Inspection and Compliance.

      Sec. 18. NRS 118B.213 is hereby amended to read as follows:

      118B.213  1.  In addition to the fee established pursuant to NRS 118B.185, [except as otherwise provided in subsection 3,] the owner of a manufactured home park that is operated for profit shall pay to the Division an annual fee of $12 for each lot within the park. The owner shall not impose a fee or surcharge to recover from his or her tenants the costs resulting from the annual fee per lot paid pursuant to this subsection, or any related penalty.

      2.  The Administrator shall notify the owner of each manufactured home park that is operated for profit in this state on or before July 1 of each year of the fee imposed pursuant to this section.

      3.  [If on May 15 of that year the balance in the Fund which is attributable to deposits pursuant to this section exceeds $1,000,000, the Administrator shall not charge or collect a fee pursuant to this section. The Administrator shall resume the collection in any year when the balance on May 15 is less than $750,000. The Administrator shall request the State Treasurer to inform the Administrator of the applicable balance of the Fund on May 15 of each year.

      4.]  If an owner fails to pay the fee [within 30 days after receiving written notice from the Administrator to do so,] on or before August 1 of each year, a penalty of 50 percent of the amount of the fee must be added.

 


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      [5.] 4.  All fees and penalties collected by the Division pursuant to this section must be deposited in the State Treasury for credit to the [Fund.] Account.

      Sec. 19. NRS 118B.215 is hereby amended to read as follows:

      118B.215  1.  [There is hereby created as a special revenue fund in the State Treasury the Fund for Low-Income Owners of Manufactured Homes, to be administered by the Division. All money received for the use of the Fund pursuant to NRS 118B.213 or from any other source must be deposited in the Fund.

      2.  The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

      3.  The] In addition to the requirements set forth in NRS 319.510, money in the [Fund] Account may be used [only] to pay necessary administrative costs and to assist eligible persons by supplementing their monthly rent for the manufactured home lot on which their manufactured home is located. Except as otherwise provided in subsection [5,] 3, to be eligible for assistance from the [Fund] Account, a person must:

      (a) Except as otherwise provided in this subsection, have been a tenant in the same manufactured home park in this State for at least 1 year immediately preceding his or her application for assistance;

      (b) Be the registered owner of the manufactured home which is subject to the tenancy, as indicated on the certificate of ownership that is issued by the Division pursuant to NRS 489.541;

      (c) Have a monthly household income, as determined by the Administrator in accordance with subsection [4,] 2, which is at or below:

             (1) The federally designated level signifying poverty or $750, whichever is greater, if the person is the sole occupant of the manufactured home; or

             (2) The federally designated level signifying poverty or $1,125, whichever is greater, if the person is not the sole occupant of the manufactured home;

      (d) Be a tenant in a manufactured home park that is operated for profit and maintain continuous tenancy in that park during the duration of the supplemental assistance; and

      (e) Not have assets whose value is more than $12,000, excluding the value of:

             (1) The manufactured home which is subject to the tenancy;

             (2) The contents of that manufactured home; and

             (3) One motor vehicle.

Ê A person who has been a tenant of a manufactured home park in this State for at least 1 year, but has not been a tenant of the manufactured home park in which the tenant resides at the time the tenant applies for assistance for at least 1 year, is eligible for assistance from the [Fund] Account if the tenant moved to the manufactured home park in which the tenant resides at the time of his or her application because the tenant was unable to pay the rent at the manufactured home park from which the tenant moved or because that park was closed.

      [4.]2.  In determining the monthly household income of an applicant pursuant to subsection [3,] 1, the Administrator shall exclude from the calculation:

 


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      (a) The value of any food stamps the applicant received pursuant to the Food Stamp Act of 1977, as amended, 7 U.S.C. §§ 2011 et seq., during the year immediately preceding his or her application for assistance; or

      (b) If the applicant is receiving coverage pursuant to Medicare Part B, 42 U.S.C. §§ 1395j et seq., the value of the cost of that coverage during the year immediately preceding his or her application for assistance,

Ê whichever is greater.

      [5.]3.  The Administrator may waive the requirements for eligibility set forth in subsection [3] 1 upon the written request of an applicant if the applicant demonstrates to the satisfaction of the Administrator that the circumstances of the applicant warrant a waiver as a result of:

      (a) Illness;

      (b) Disability; or

      (c) Extreme financial hardship based upon a significant reduction of income, when considering the applicant’s current financial circumstances.

Ê An applicant shall include with his or her request for a waiver all medical and financial documents that support his or her request.

      [6.]4.  The Administrator shall adopt regulations establishing:

      (a) The annual reporting requirements for persons receiving assistance pursuant to this section. The regulations must require that each such person provide the Division with a written acknowledgment of his or her continued eligibility for assistance.

      (b) The maximum amount of assistance which may be distributed to a person to supplement his or her monthly rent pursuant to this section.

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

      (a) “Manufactured home” includes a travel trailer that is located on a manufactured home lot within a manufactured home park.

      (b) “Monthly household income” means the combined monthly incomes of the occupants of a manufactured home which is subject to the tenancy for which assistance from the [Fund] Account is requested.

      (c) “Travel trailer” has the meaning ascribed to it in NRS 489.150.

      Sec. 20. NRS 118B.255 is hereby amended to read as follows:

      118B.255  1.  Except as otherwise provided in [this section,] NRS 118B.213, all money collected from fees and administrative fines imposed pursuant to this chapter must be deposited [in the State General Fund.

      2.  The money collected from an administrative fine may be deposited] with the State Treasurer for credit to the [Fund for Manufactured Housing created pursuant to NRS 489.491 if:

      (a) The person pays the administrative fine without exercising his or her right to a hearing to contest the administrative fine; or

      (b) The administrative fine is imposed in a hearing conducted by a hearing officer or panel appointed by the Administrator.

      3.]Account for Housing Inspection and Compliance created by section 24 of this act.

      2.  The Administrator may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Administrator to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter.

      [4.  If money collected from an administrative fine is deposited in the State General Fund, the Administrator may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.]

 


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of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.]

      Sec. 21. NRS 171.17751 is hereby amended to read as follows:

      171.17751  1.  Any board of county commissioners or governing body of a city may designate the chief officer of the organized fire department or any employees designated by the chief officer, and certain of its inspectors of solid waste management, building, housing and licensing inspectors, zoning enforcement officers, parking enforcement officers, animal control officers, traffic engineers, marshals and park rangers of units of specialized law enforcement established pursuant to NRS 280.125, and other persons charged with the enforcement of county or city ordinances, to prepare, sign and serve written citations on persons accused of violating a county or city ordinance.

      2.  The Chief Medical Officer and the health officer of each county, district and city may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law, ordinance or regulation of a board of health that relates to public health.

      3.  The [Chief] Administrator of the [Manufactured] Housing Division of the Department of Business and Industry may designate certain employees to prepare, sign and serve written citations on persons accused of violating any law or regulation of the Division relating to the provisions of chapters 118B, 461, 461A and 489 of NRS.

      4.  The State Contractors’ Board may designate certain of its employees to prepare, sign and serve written citations on persons pursuant to subsection 2 of NRS 624.115.

      5.  An employee designated pursuant to this section:

      (a) May exercise the authority to prepare, sign and serve citations only within the field of enforcement in which the employee works;

      (b) May, if employed by a city or county, prepare, sign and serve a citation only to enforce an ordinance of the city or county by which the employee is employed; and

      (c) Shall comply with the provisions of NRS 171.1773.

      Sec. 22. NRS 278.02095 is hereby amended to read as follows:

      278.02095  1.  Except as otherwise provided in this section, in an ordinance relating to the zoning of land adopted or amended by a governing body, the definition of “single-family residence” must include a manufactured home.

      2.  Notwithstanding the provisions of subsection 1, a governing body shall adopt standards for the placement of a manufactured home that will not be affixed to a lot within a mobile home park which require that:

      (a) The manufactured home:

             (1) Be permanently affixed to a residential lot;

             (2) Be manufactured within the 6 years immediately preceding the date on which it is affixed to the residential lot;

             (3) Have exterior siding and roofing which is similar in color, material and appearance to the exterior siding and roofing primarily used on other single-family residential dwellings in the immediate vicinity of the manufactured home, as established by the governing body;

             (4) Consist of more than one section; and

             (5) Consist of at least 1,200 square feet of living area unless the governing body, by administrative variance or other expedited procedure established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and

 


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established by the governing body, approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of single-family residential dwellings in the immediate vicinity of the manufactured home; and

      (b) If the manufactured home has an elevated foundation, the foundation is masked architecturally in a manner determined by the governing body.

Ê The governing body of a local government in a county whose population is less than 45,000 may adopt standards that are less restrictive than the standards set forth in this subsection.

      3.  Standards adopted by a governing body pursuant to subsection 2 must be objective and documented clearly and must not be adopted to discourage or impede the construction or provision of affordable housing, including, without limitation, the use of manufactured homes for affordable housing.

      4.  Before a building department issues a permit to place a manufactured home on a lot pursuant to this section, other than a new manufactured home, the owner must surrender the certificate of ownership to the [Manufactured] Housing Division of the Department of Business and Industry. The Division shall provide proof of such a surrender to the owner who must submit that proof to the building department.

      5.  The provisions of this section do not abrogate a recorded restrictive covenant prohibiting manufactured homes, nor do the provisions apply within the boundaries of a historic district established pursuant to NRS 384.005 or 384.100. An application to place a manufactured home on a residential lot pursuant to this section constitutes an attestation by the owner of the lot that the placement complies with all covenants, conditions and restrictions placed on the lot and that the lot is not located within a historic district.

      6.  As used in this section:

      (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

      (b) “New manufactured home” has the meaning ascribed to it in NRS 489.125.

      Sec. 23. Chapter 319 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 and 25 of this act.

      Sec. 24. 1.  The Account for Housing Inspection and Compliance is hereby created in the State General Fund.

      2.  The Account must be administered by the Division. Except as otherwise provided in NRS 118B.213 and 489.265, all money received by the Division pursuant to NRS 118B.185 or any other source must be deposited into the Account.

      3.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      4.  Claims against the Account must be paid as other claims against the State are paid.

      5.  The Administrator shall adopt regulations setting forth the use of the money in the Account, including, without limitation:

      (a) Licensing, regulating and inspecting:

             (1) Housing for persons of low-income that is financed pursuant to this chapter; and

             (2) Manufactured homes, mobile homes, manufactured buildings, commercial coaches, factory-built housing or manufactured home parks pursuant to chapters 118B, 461, 461A and 489 of NRS;

 


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      (b) Licensing, regulating and inspecting manufacturers, general servicepersons, dealers, responsible managing employees, salespersons, distributors and specialty servicepersons pursuant to chapter 489 of NRS;

      (c) Maintaining title records, and issuing certificates of ownership, property liens and conversions to real property of a mobile home or manufactured home;

      (d) Investigating complaints, including, without limitation, complaints:

             (1) Between a landlord and a tenant of a mobile home park; and

             (2) Alleging unlicensed activity; and

      (e) Administering any educational and training program for a provider of manufactured housing.

      6.  As used in this section:

      (a) “Commercial coach” has the meaning ascribed to it in NRS 489.062.

      (b) “Dealer” has the meaning ascribed to it in NRS 489.076.

      (c) “Distributor” has the meaning ascribed to it in NRS 489.081.

      (d) “Factory-built housing” has the meaning ascribed to it in NRS 461.080.

      (e) “General serviceperson” has the meaning ascribed to it in NRS 489.102.

      (f) “Manufactured building” has the meaning ascribed to it in NRS 461.132.

      (g) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

      (h) “Manufactured home lot” has the meaning ascribed to it in NRS 118B.016.

      (i) “Manufactured home park” has the meaning ascribed to it in NRS 118B.017.

      (j) “Manufacturer” has the meaning ascribed to it in NRS 489.115.

      (k) “Mobile home” has the meaning ascribed to it in NRS 489.120.

      (l) “Mobile home park” has the meaning ascribed to “manufactured home park” in NRS 118B.017.

      (m) “Responsible managing employee” has the meaning ascribed to it in NRS 489.1353.

      (n) “Salesperson” has the meaning ascribed to it in NRS 489.137.

      (o) “Specialty salesperson” has the meaning ascribed to it in NRS 489.147.

      Sec. 25. 1.  The Housing Advocate is hereby created within the Division.

      2.  The Administrator shall appoint a person to serve in the position of Housing Advocate. The Housing Advocate is in the unclassified service of the State and serves at the pleasure of the Administrator.

      3.  The person so appointed pursuant to subsection 2 must be knowledgeable about affordable housing and manufactured housing.

      4.  The Housing Advocate shall:

      (a) Respond to written and telephonic inquiries received from residents who reside in affordable housing and manufactured housing and provide assistance to such residents in understanding their rights and responsibilities;

      (b) Conduct community outreach and provide information concerning housing to residents who reside in affordable housing and manufactured housing;

 


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      (c) Identify and investigate complaints of residents of affordable housing and manufactured housing that relate to their housing and provide assistance to such residents to resolve the complaints;

      (d) Establish and maintain a system to collect and maintain information pertaining to written and telephonic inquiries received by the Division; and

      (e) Any other duties specified by the Administrator.

      5.  The Administrator may remove the Housing Advocate from the office for any reason not prohibited by law.

      Sec. 26. NRS 319.170 is hereby amended to read as follows:

      319.170  Except as otherwise provided in NRS 319.500, and section 24 of this act, the Division may:

      1.  Establish such funds or accounts as may be necessary or desirable for furtherance of the purposes of this chapter.

      2.  Invest or deposit its money, subject to any agreement with bondholders or noteholders, and is not required to keep any of its money in the State Treasury. The provisions of chapters 355 and 356 of NRS do not apply to such investments or deposits.

      Sec. 27. NRS 319.171 is hereby amended to read as follows:

      319.171  Except as otherwise provided in NRS 319.500, and section 24 of this act, the Division may invest its money in collateralized mortgage obligations or in trusts created to finance, acquire or invest in collateralized mortgage obligations if the collateralized mortgage obligations or trusts so created are:

      1.  In furtherance of the purposes of the Division; and

      2.  Rated within one of the top three rating categories of a national rating service at the time the investment is made.

      Sec. 28. NRS 319.510 is hereby amended to read as follows:

      319.510  1.  [Money] Except as otherwise provided in subsection 2, money deposited in the Account for Low-Income Housing must be used:

      (a) For the acquisition, construction or rehabilitation of housing for eligible families by public or private nonprofit charitable organizations, housing authorities or local governments through loans, grants or subsidies;

      (b) To provide technical and financial assistance to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction or rehabilitation of housing for eligible families;

      (c) To provide funding for projects of public or private nonprofit charitable organizations, housing authorities or local governments that provide assistance to or guarantee the payment of rent or deposits as security for rent for eligible families, including homeless persons;

      (d) To reimburse the Division for the costs of administering the Account; [and]

      (e) To assist eligible persons by supplementing their monthly rent for the manufactured home lot, as defined by NRS 118B.016, on which their manufactured home, as defined by NRS 118B.015, is located; and

      (f) In any other manner consistent with this section to assist eligible families in obtaining or keeping housing, including use as the State’s contribution to facilitate the receipt of related federal money.

 


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ê2017 Statutes of Nevada, Page 3617 (Chapter 532, SB 500)ê

 

      2.  Except as otherwise provided in this subsection, the Division may expend money from the Account as reimbursement for the necessary costs of efficiently administering the Account and any money received pursuant to 42 U.S.C. §§ 12701 et seq. In no case may the Division expend more than $40,000 per year or an amount equal to 6 percent of any money made available to the State pursuant to 42 U.S.C. §§ 12701 et seq., whichever is greater. In addition, the Division may expend not more than $175,000 per year from the Account to create and maintain the statewide low-income housing database required by NRS 319.143. The Division may expend not more than $75,000 per year of the money deposited in the Account pursuant to NRS 375.070 for the purpose set forth in paragraph (e) of subsection 1. Of the remaining money allocated from the Account:

      (a) Except as otherwise provided in subsection 3, 15 percent must be distributed to the Division of Welfare and Supportive Services of the Department of Health and Human Services for use in its program developed pursuant to 45 C.F.R. § 233.120 to provide emergency assistance to needy families with children, subject to the following:

             (1) The Division of Welfare and Supportive Services shall adopt regulations governing the use of the money that are consistent with the provisions of this section.

             (2) The money must be used solely for activities relating to low-income housing that are consistent with the provisions of this section.

             (3) The money must be made available to families that have children and whose income is at or below the federally designated level signifying poverty.

             (4) All money provided by the Federal Government to match the money distributed to the Division of Welfare and Supportive Services pursuant to this section must be expended for activities consistent with the provisions of this section.

      (b) Eighty-five percent must be distributed to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction and rehabilitation of housing for eligible families, subject to the following:

             (1) Priority must be given to those projects that qualify for the federal tax credit relating to low-income housing.

             (2) Priority must be given to those projects that anticipate receiving federal money to match the state money distributed to them.

             (3) Priority must be given to those projects that have the commitment of a local government to provide assistance to them.

             (4) All money must be used to benefit families whose income does not exceed 60 percent of the median income for families residing in the same county, as defined by the United States Department of Housing and Urban Development.

             (5) Not less than 15 percent of the units acquired, constructed or rehabilitated must be affordable to persons whose income is at or below the federally designated level signifying poverty. For the purposes of this subparagraph, a unit is affordable if a family does not have to pay more than 30 percent of its gross income for housing costs, including both utility and mortgage or rental costs.

             (6) To be eligible to receive money pursuant to this paragraph, a project must be sponsored by a local government.

 


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ê2017 Statutes of Nevada, Page 3618 (Chapter 532, SB 500)ê

 

      3.  The Division may, pursuant to contract and in lieu of distributing money to the Division of Welfare and Supportive Services pursuant to paragraph (a) of subsection 2, distribute any amount of that money to private or public nonprofit entities for use consistent with the provisions of this section.

      Sec. 29. NRS 361.244 is hereby amended to read as follows:

      361.244  1.  A mobile or manufactured home is eligible to become real property if it becomes permanently affixed to land which is:

      (a) Owned by the owner of the mobile or manufactured home; or

      (b) Leased by the owner of the mobile or manufactured home if the home is being financed in accordance with the guidelines of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the United States Department of Agriculture, or any other entity that requires as part of its financing program restrictions on ownership and actions affecting title and possession similar to those required by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association and the United States Department of Agriculture.

      2.  A mobile or manufactured home becomes real property when the assessor of the county in which the mobile or manufactured home is located has placed it on the tax roll as real property. Except as otherwise provided in subsection 5, the assessor shall not place a mobile or manufactured home on the tax roll until:

      (a) The assessor has received verification from the [Manufactured] Housing Division of the Department of Business and Industry that the mobile or manufactured home has been converted to real property;

      (b) The unsecured personal property tax has been paid in full for the current fiscal year;

      (c) An affidavit of conversion of the mobile or manufactured home from personal to real property has been recorded in the county recorder’s office of the county in which the mobile or manufactured home is located; and

      (d) The dealer or owner has delivered to the Division a copy of the recorded affidavit of conversion and all documents relating to the mobile or manufactured home in its former condition as personal property.

      3.  A mobile or manufactured home which is converted to real property pursuant to this section shall be deemed to be a fixture and an improvement to the real property to which it is affixed.

      4.  Factory-built housing, as defined in NRS 461.080, constitutes real property if it becomes, on or after July 1, 1979, permanently affixed to land which is:

      (a) Owned by the owner of the factory-built housing; or

      (b) Leased by the owner of the factory-built housing if the factory-built housing is being financed in accordance with the guidelines of the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the United States Department of Agriculture, or any other entity that requires as part of its financing program restrictions on ownership and actions affecting title and possession similar to those required by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association and the United States Department of Agriculture.

      5.  The assessor of the county in which a manufactured home is located shall, without regard to the conditions set forth in subsection 2, place the manufactured home on the tax roll as real property if, on or after July 1, 2001, the manufactured home is permanently affixed to a residential lot pursuant to an ordinance required by NRS 278.02095.

 


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ê2017 Statutes of Nevada, Page 3619 (Chapter 532, SB 500)ê

 

2001, the manufactured home is permanently affixed to a residential lot pursuant to an ordinance required by NRS 278.02095.

      6.  The provisions of subsection 5 do not apply to a manufactured home located in:

      (a) An area designated by local ordinance for the placement of a manufactured home without conversion to real property;

      (b) A mobile home park; or

      (c) Any other area to which the provisions of NRS 278.02095 do not apply.

      7.  For the purposes of this section, “land which is owned” includes land for which the owner has a possessory interest resulting from a life estate, lease or contract for sale.

      Sec. 30. NRS 361.2445 is hereby amended to read as follows:

      361.2445  1.  A mobile or manufactured home which has been converted to real property pursuant to NRS 361.244 may not be removed from the real property to which it is affixed unless, at least 30 days before removing the mobile or manufactured home:

      (a) The owner:

             (1) Files with the Division an affidavit stating that the sole purpose for converting the mobile or manufactured home from real to personal property is to effect a transfer of the title to the mobile or manufactured home;

             (2) Files with the Division the affidavit of consent to the removal of the mobile or manufactured home of each person who holds any legal interest in the real property to which the mobile or manufactured home is affixed; and

             (3) Gives written notice to the county assessor of the county in which the real property is situated; and

      (b) The county tax receiver certifies in writing that all taxes for the fiscal year on the mobile or manufactured home and the real property to which the mobile or manufactured home is affixed have been paid.

      2.  The county assessor shall not remove a mobile or manufactured home from the tax rolls until:

      (a) The county assessor has received verification that there is no security interest in the mobile or manufactured home or the holders of security interests have agreed in writing to the conversion of the mobile or manufactured home to personal property; and

      (b) An affidavit of conversion of the mobile or manufactured home from real to personal property has been recorded in the county recorder’s office of the county in which the real property to which the mobile or manufactured home was affixed is situated.

      3.  A mobile or manufactured home which is physically removed from real property pursuant to this section shall be deemed to be personal property immediately upon its removal.

      4.  The Department shall adopt:

      (a) Such regulations as are necessary to carry out the provisions of this section; and

      (b) A standard form for the affidavits required by this section.

      5.  Before the owner of a mobile or manufactured home that has been converted to personal property pursuant to this section may transfer ownership of the mobile or manufactured home, he or she must obtain a certificate of ownership from the Division.

 


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ê2017 Statutes of Nevada, Page 3620 (Chapter 532, SB 500)ê

 

      6.  For the purposes of this section, the removal of a mobile or manufactured home from real property includes the detachment of the mobile or manufactured home from its foundation, other than temporarily for the purpose of making repairs or improvements to the mobile or manufactured home or the foundation.

      7.  An owner who physically removes a mobile or manufactured home from real property in violation of this section is liable for all legal costs and fees, plus the actual expenses, incurred by a person who holds any interest in the real property to restore the real property to its former condition. Any judgment obtained pursuant to this section may be recorded as a lien upon the mobile or manufactured home so removed.

      8.  As used in this section:

      (a) “Division” means the [Manufactured] Housing Division of the Department of Business and Industry.

      (b) “Owner” means any person who holds an interest in the mobile or manufactured home or the real property to which the mobile or manufactured home is affixed evidenced by a conveyance or other instrument which transfers that interest to him or her and is recorded in the office of the county recorder of the county in which the mobile or manufactured home and real property are situated, but does not include the owner or holder of a right-of-way, easement or subsurface property right appurtenant to the real property.

      Sec. 31. NRS 372.383 is hereby amended to read as follows:

      372.383  1.  If a certificate of ownership has been issued for a used manufactured home or used mobile home by the Department of Motor Vehicles or the [Manufactured] Housing Division of the Department of Business and Industry, it is presumed that the taxes imposed by this chapter have been paid with respect to that manufactured home or mobile home.

      2.  As used in this section, “manufactured home” and “mobile home” have the meanings ascribed to them in NRS 372.316.

      Sec. 32. NRS 374.388 is hereby amended to read as follows:

      374.388  1.  If a certificate of ownership has been issued for a used manufactured home or used mobile home by the Department of Motor Vehicles or the [Manufactured] Housing Division of the Department of Business and Industry, it is presumed that the taxes imposed by this chapter have been paid with respect to that manufactured home or mobile home.

      2.  As used in this section, “manufactured home” and “mobile home” have the meanings ascribed to them in NRS 374.321.

      Sec. 33. NRS 461.065 is hereby amended to read as follows:

      461.065  “Division” means the [Manufactured] Housing Division of the Department of Business and Industry.

      Sec. 34. NRS 461.183 is hereby amended to read as follows:

      461.183  Except as otherwise provided in NRS 489.265, all fees collected pursuant to this chapter must be deposited in the State Treasury for credit to the [Fund for Manufactured Housing.] Account for Housing Inspection and Compliance created by section 24 of this act. All expenses for the enforcement of this chapter must be paid from the [Fund.] Account.

      Sec. 35. NRS 461A.020 is hereby amended to read as follows:

      461A.020  “Administrator” means the [chief] Administrator of the [Manufactured] Housing Division.

      Sec. 36. NRS 461A.040 is hereby amended to read as follows:

      461A.040  “Division” means the [Manufactured] Housing Division of the Department of Business and Industry.

 


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ê2017 Statutes of Nevada, Page 3621 (Chapter 532, SB 500)ê

 

      Sec. 37. NRS 461A.220 is hereby amended to read as follows:

      461A.220  1.  A person shall not:

      (a) Construct a mobile home park; or

      (b) Construct or alter lots, roads or other facilities in a mobile home park,

Ê unless the person has obtained a construction permit from the agency for enforcement.

      2.  Each agency for enforcement may charge and collect reasonable fees, specified by ordinance or regulation, for its services.

      3.  Except as otherwise provided in NRS [461A.260 and] 489.265, money collected by the Division pursuant to this chapter must be deposited in the State Treasury for credit to the [Fund for Manufactured Housing created pursuant to NRS 489.491.] Account for Housing Inspection and Compliance created by section 24 of this act. Expenses of enforcement of this chapter must be paid from the [Fund.] Account.

      Sec. 38. NRS 461A.260 is hereby amended to read as follows:

      461A.260  1.  [Except as otherwise provided in this section, all] All money collected from fees and administrative fines imposed pursuant to this chapter must be deposited [in the State General Fund.

      2.  The money collected from an administrative fine may be deposited] with the State Treasurer for credit to the [Fund for Manufactured Housing created pursuant to NRS 489.491 if:

      (a) The person pays the administrative fine without exercising his or her right to a hearing to contest the administrative fine; or

      (b) The administrative fine is imposed in a hearing conducted by a hearing officer or panel appointed by the Administrator.

      3.]Account for Housing Inspection and Compliance created by section 24 of this act.

      2.  The Administrator may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Administrator to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter.

      [4.  If money collected from an administrative fine is deposited in the State General Fund, the Administrator may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.]

      Sec. 39. NRS 487.007 is hereby amended to read as follows:

      487.007  As used in this chapter, the term “state agency” means:

      1.  The [Manufactured] Housing Division of the Department of Business and Industry with regard to mobile homes and commercial coaches.

      2.  The Department of Motor Vehicles with regard to all other vehicles subject to registration under the laws of this State.

      Sec. 40. NRS 487.100 is hereby amended to read as follows:

      487.100  1.  Except as otherwise provided in subsections 2 and 3, any automobile wrecker purchasing from any person other than a licensed operator of a salvage pool any vehicle subject to registration pursuant to the laws of this State shall forward to the Department the certificates of title and registration last issued therefor.

 


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ê2017 Statutes of Nevada, Page 3622 (Chapter 532, SB 500)ê

 

      2.  The certificate of ownership last issued for a mobile home or commercial coach must be sent by the wrecker to the [Manufactured] Housing Division of the Department of Business and Industry.

      3.  An automobile wrecker is not required to:

      (a) Provide the Department with a certificate of title, salvage title or a nonrepairable vehicle certificate and certificate of registration last issued; or

      (b) Obtain from the Department a certificate of title, salvage title, nonrepairable vehicle certificate or certificate of registration,

Ê for a motor vehicle that is to be processed as parts or scrap metal by the automobile wrecker pursuant to NRS 487.105.

      Sec. 41. NRS 487.230 is hereby amended to read as follows:

      487.230  1.  Except as otherwise provided in NRS 487.235, any sheriff or designee of a sheriff, constable, member of the Nevada Highway Patrol, officer of the Legislative Police, investigator of the Division of Compliance Enforcement of the Department, personnel of the Capitol Police Division of the Department of Public Safety, designated employees of the [Manufactured] Housing Division of the Department of Business and Industry, special investigator employed by the office of a district attorney, marshal or police officer of a city or town or his or her designee, a marshal or park ranger who is part of a unit of specialized law enforcement established pursuant to NRS 280.125, or any other person charged with the enforcement of county or city ordinances who has reason to believe that a vehicle has been abandoned on public property in his or her jurisdiction may remove the vehicle from that property or cause the vehicle to be removed from that property. At the request of the owner or person in possession or control of private property who has reason to believe that a vehicle has been abandoned on his or her property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

      2.  A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

      (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

             (1) The state agency or political subdivision making the request if the vehicle is removed from public property.

             (2) The owner or person in possession or control of the property if the vehicle is removed from private property.

      (b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

      Sec. 42. Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Account” means the Account for Housing Inspection and Compliance created by section 24 of this act.

      Sec. 43. NRS 489.031 is hereby amended to read as follows:

      489.031  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.036 to 489.155, inclusive, and section 42 of this act have the meanings ascribed to them in those sections.

 


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ê2017 Statutes of Nevada, Page 3623 (Chapter 532, SB 500)ê

 

      Sec. 44. NRS 489.036 is hereby amended to read as follows:

      489.036  “Administrator” means the [Chief] Administrator of the [Manufactured Housing] Division.

      Sec. 45. NRS 489.091 is hereby amended to read as follows:

      489.091  “Division” means the [Manufactured] Housing Division of the Department of Business and Industry.

      Sec. 46. NRS 489.233 is hereby amended to read as follows:

      489.233  1.  [Except as otherwise provided in this section, all] All money collected from fees and administrative fines imposed pursuant to this chapter must be deposited [in the State General Fund.

      2.  The money collected from an administrative fine may be deposited] with the State Treasurer for credit to the [Fund for Manufactured Housing created pursuant to NRS 489.491 if:

      (a) The person pays the administrative fine without exercising his or her right to a hearing to contest the administrative fine; or

      (b) The administrative fine is imposed in a hearing conducted by a hearing officer or panel appointed by the Administrator.

      3.] Account.

      2.  The Administrator may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Administrator to conduct hearings and other proceedings, determine violations, impose fines and penalties and take other disciplinary action authorized by the provisions of this chapter.

      [4.  If money collected from an administrative fine is deposited in the State General Fund, the Administrator may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.]

      Sec. 47. NRS 489.4971 is hereby amended to read as follows:

      489.4971  1.  [The Account for Education and Recovery Relating to Manufactured Housing is hereby created within the Fund for Manufactured Housing to satisfy the claims of purchasers of manufactured homes, mobile homes, manufactured buildings, commercial coaches or factory-built housing against persons] Any person who entered into an agreement for the sale, purchase, lease, distribution, alteration, repair, remodeling or manufacture of a manufactured home, mobile home, manufactured building or commercial coach or factory-built housing may file a claim against a person licensed pursuant to the provisions of this chapter. [Any balance in the Account over $500,000 at the end of any fiscal year must be set aside and used by the Administrator for education relating to manufactured homes, mobile homes, travel trailers, manufactured buildings, commercial coaches or factory-built housing.] Such a claim may be satisfied by the Account.

      2.  Upon the issuance or renewal of the following licenses by the Division, the licensee must pay, in addition to the original or renewal license fee, a fee:

      (a) For a dealer’s, distributor’s or manufacturer’s original license, or for any original limited dealer’s license which authorizes a limited dealer to act as a repossessor or liquidator, of $1,000.

      (b) For a dealer’s, distributor’s or manufacturer’s renewal license, or a renewal of any limited dealer’s license which authorizes a limited dealer to act as a repossessor or liquidator, of $600.

 


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ê2017 Statutes of Nevada, Page 3624 (Chapter 532, SB 500)ê

 

      (c) For an original or renewal license for:

             (1) A general serviceperson or specialty serviceperson, of $150.

             (2) A salesperson, of $75.

             (3) A responsible managing employee, of $100.

Ê Except as otherwise provided in NRS 489.265, fees collected pursuant to this section must be deposited in the State Treasury for credit to the Account.

      3.  A payment from the Account to satisfy the claim of a [purchaser] person specified in subsection 1 against a person who is licensed pursuant to this chapter must be made only upon an appropriate court order that is issued in an action for fraud, misrepresentation or deceit relating to an act for which a license is required pursuant to this chapter.

      4.  If a [purchaser] person specified in subsection 1 commences an action specified in subsection 3 against a person who is licensed pursuant to this chapter, the [purchaser] person specified in subsection 1 must serve a copy of the complaint upon the Administrator within 30 days after the action is commenced.

      Sec. 48. NRS 489.4987 is hereby amended to read as follows:

      489.4987  The failure of a person to comply with any of the provisions of NRS [489.497] 489.4971 to 489.4989, inclusive, constitutes a waiver of any rights under those sections.

      Sec. 49. NRS 489.4989 is hereby amended to read as follows:

      489.4989  Nothing contained in NRS [489.497] 489.4971 to 489.4989, inclusive, limits the authority of the Administrator to take disciplinary action against a licensee for a violation of any of the provisions of this chapter or of the regulations of the Division, nor does the repayment in full of obligations to the Account by any licensee nullify or modify the effect of any other disciplinary proceeding brought pursuant to the provisions of this chapter or the regulations adopted under it.

      Sec. 50. NRS 489.596 is hereby amended to read as follows:

      489.596  1.  The Division, in cooperation with manufacturers and organizations concerned with manufactured homes and mobile homes, shall conduct one or more training programs each year regarding appropriate methods and techniques for conducting any inspections necessary for the issuance of certificates of installation and labels of installation for manufactured homes and mobile homes.

      2.  The Division shall pay for the expenses of conducting the programs from money in the Account . [for Education and Recovery Relating to Manufactured Housing.]

      Sec. 51. NRS 489.651 is hereby amended to read as follows:

      489.651  1.  The Division shall provide each county assessor with a sufficient quantity of application and permit forms.

      2.  The assessor or an appropriate officer shall remit one-half of the fee collected for the trip permit monthly to the Division for deposit in the [Fund for Manufactured Housing.] Account.

      Sec. 52. NRS 489.811 is hereby amended to read as follows:

      489.811  1.  Except as otherwise provided in subsection 5, any person who violates any of the provisions of this chapter is liable to the State for a civil penalty of not more than $1,000 for each violation. Each violation of this chapter or any regulation or order issued under it constitutes a separate violation with respect to each manufactured home, mobile home, manufactured building, commercial coach or factory-built housing and with respect to each failure or refusal to allow or perform an act required by this chapter or regulation or order, except that the maximum civil penalty is $1,000,000 for any related series of violations occurring within 1 year after the first violation.

 


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ê2017 Statutes of Nevada, Page 3625 (Chapter 532, SB 500)ê

 

manufactured building, commercial coach or factory-built housing and with respect to each failure or refusal to allow or perform an act required by this chapter or regulation or order, except that the maximum civil penalty is $1,000,000 for any related series of violations occurring within 1 year after the first violation.

      2.  Before the adoption of any regulation for whose violation a civil penalty may be imposed, the Administrator shall give at least 30 days’ written notice to every licensed manufacturer, dealer, distributor, general serviceperson and specialty serviceperson, and every other interested party who has requested the notice.

      3.  An action to enforce a civil penalty must be brought in a court of competent jurisdiction in the county in which the defendant has his or her principal place of business.

      4.  All money collected as civil penalties pursuant to the provisions of this chapter must be deposited in the [State General Fund.] Account.

      5.  This section does not apply to a manufacturer, distributor or dealer of travel trailers.

      Sec. 53. NRS 704.920 is hereby amended to read as follows:

      704.920  1.  The provisions of NRS 704.905 to 704.960, inclusive, apply to company towns, utilities and alternative sellers which provide utility services to company towns, and persons who own and operate company towns.

      2.  The Commission shall require a public utility or an alternative seller, as appropriate, which provides utility services to a manufactured home park, mobile home park or company town, or an independent person who is qualified, to conduct examinations to examine and test the lines and equipment for distributing electricity and gas within the park or town at the request of the [Manufactured] Housing Division of the Department of Business and Industry or a city or county which has responsibility for the enforcement of the provisions of chapter 118B or 461A of NRS. The utility or alternative seller, the person selected to conduct the examination and the Commission may enter a manufactured home park, mobile home park or company town at reasonable times to examine and test the lines and equipment, whether or not they are owned by a utility or an alternative seller.

      3.  The utility or alternative seller, as appropriate, or the person selected to conduct the examination, shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards adopted by the Commission for the maintenance, use and operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the Commission.

      4.  The owner of the manufactured home park, mobile home park or company town shall pay for the costs of the examination and testing.

      5.  If the landlord of a manufactured home park or mobile home park or owner of a company town refuses to allow the examination and testing to be made as provided in this section, the Commission shall deem the unexamined lines and equipment to be unsafe for service.

      6.  If the Commission finds:

      (a) Or deems any lines or equipment within a manufactured home park, mobile home park or company town to be unsafe for service, it shall take appropriate action to protect the safety of the residents of the park or town.

 


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ê2017 Statutes of Nevada, Page 3626 (Chapter 532, SB 500)ê

 

      (b) Such lines or equipment to be unsafe for service or otherwise not in compliance with its safety standards, it may, after a hearing, order the landlord or owner to repair or replace such lines and equipment. For this purpose, the landlord or owner may expend some or all of the money in the landlord’s or owner’s account for service charges for utilities, which the landlord or owner is required to keep under NRS 704.940.

      Sec. 54.  1.  Any administrative regulations adopted by the Manufactured Housing Division of the Department of Business and Industry or the Administrator or Chief of the Manufactured Housing Division remain in force until amended by the Housing Division of the Department of Business and Industry.

      2.  Any contracts or other agreements entered into by the Manufactured Housing Division or the Administrator or Chief of the Manufactured Housing Division are binding upon and may be enforced by the Housing Division of the Department of Business and Industry.

      3.  Any action taken by the Manufactured Housing Division or the Administrator or Chief of the Manufactured Housing Division remains in effect as if taken by the Housing Division of the Department of Business and Industry.

      Sec. 55.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency, officer or instrumentality of the State whose name is changed by this act for the name which the agency, officer or instrumentality previously used.

      Sec. 56. NRS 118B.211, 118B.2155, 118B.216, 118B.217, 118B.218, 118B.2185, 118B.219, 489.211, 489.491 and 489.497 are hereby repealed.

      Sec. 57.  This act becomes effective:

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

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

________

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 3627ê

 

CHAPTER 533, SB 511

Senate Bill No. 511–Committee on Natural Resources

 

CHAPTER 533

 

[Approved: June 9, 2017]

 

AN ACT relating to licensing of outdoor activities; revising provisions governing applications for a license, tag or permit to hunt, fish or trap; revising the fees for the issuance of an apprentice hunting license; revising the period of validity of a fishing license, hunting license and combination hunting and fishing license; requiring a tag to hunt any bighorn sheep, moose, mountain lion or mountain goat; revising various other provisions governing the issuance of, and the payment of fees for, certain licenses and permits; requiring the Department of Wildlife to use a portion of the fees charged and collected for certain purposes relating to wildlife; authorizing the use of not more than two combinations of hook, line and rod by one person at any time; providing for the renewal of a certificate of number for a motorboat; revising provisions governing the issuance or renewal of a certificate of number and an aquatic invasive species decal; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the holder of a license or permit to hunt, fish or trap must sign a statement attesting to certain information. (NRS 502.030) Similarly, under existing law, if a child under the age of 18 years applies for a license to hunt, the child’s parent or legal guardian must sign the application and a statement indicating that the parent or legal guardian has been advised of certain provisions governing the liability of the parent or legal guardian for any negligent or willful misconduct of the child relating to the use of a firearm. (NRS 502.060) Sections 1 and 2 of this bill authorize those statements to be acknowledged instead of signed by the holder or parent or guardian.

      Existing law requires the Department of Wildlife to issue an apprentice hunting license to a person who is 12 years of age or older and pays certain fees for the license. An apprentice hunting license authorizes the person to hunt with a mentor hunter in this State. (NRS 502.066) Section 3 of this bill deletes certain fees and instead requires a single payment of $15 for the issuance of the license.

      Under existing law, a license to hunt, fish or trap during open seasons is valid, with certain exceptions: (1) from the date the license is issued until the last day of the next succeeding February; or (2) from the first day of March immediately following the date the license is issued until the last day of the next succeeding February. (NRS 502.090) Section 5 of this bill provides that a license to hunt, fish or trap during open seasons is valid for 1 year beginning on the date of purchase of the license.

      Existing law requires a person to obtain an additional license, known as a tag, before hunting any deer, elk, antelope, mountain sheep or bear. (NRS 502.130) Section 6 of this bill also requires a tag to hunt any bighorn sheep, moose, mountain lion or mountain goat.

      Existing law authorizes an owner, lessee or manager of private land in this State to apply to the Department of Wildlife for the issuance of one or more tags to hunt deer or antelope as compensation for any damage caused by deer or antelope to the private land or any improvements on the private land. The Board of Wildlife Commissioners is required to adopt regulations establishing the maximum number of tags which the Department is authorized to issue annually for that purpose, which must not exceed 1.5 percent of the total number of deer and antelope tags which are authorized for issuance annually throughout this State.

 


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authorized for issuance annually throughout this State. (NRS 502.145) Section 6.5 of this bill increases that limitation to 2.5 percent of the total number of those deer and antelope tags issued annually.

      Existing law sets forth the fees to be charged and collected by the Department of Wildlife for the issuance of annual licenses and limited permits to minors and residents and nonresidents of this State. (NRS 502.240) Section 7 of this bill removes various fees, revises the types of licenses and permits that the Department is required to issue and establishes the fees that must be paid for those licenses and limited permits. Sections 4, 9 and 10 of this bill make conforming changes.

      Existing law requires a person to pay certain additional fees for the issuance of: (1) a hunting, trapping or fishing license; (2) documentation to hunt upland game birds; (3) a stamp to hunt ducks; and (4) a stamp to fish for trout. The additional fees collected are required to be accounted for separately in the Wildlife Account and used for certain purposes relating to wildlife. (NRS 502.242, 502.292, 502.294, 502.296, 502.300, 502.310, 502.322, 502.326, 502.3262, 502.3264) Section 28 of this bill repeals the requirement for documentation to hunt upland game birds, a stamp to hunt ducks and a stamp to fish for trout. In lieu of imposing additional fees, sections 8, 11, 14 and 16 of this bill require a certain percentage of the general licensing and permitting fees charged and collected by the Department of Wildlife to be used for certain purposes relating to wildlife. Sections 12, 13, 15 and 17 of this bill make conforming changes.

      Existing law requires the Department of Wildlife to administer the wildlife laws of this State and sets forth certain requirements for the issuance of a fishing or hunting license to a resident Native American of this State. (NRS 501.331, 502.280) Section 9 of this bill: (1) requires the Department to issue a specialty combination fishing and hunting license to a resident Native American pursuant to the same methods as the Department issues such a license to certain other persons; and (2) requires the Department, when considering making any recommendations for proposed legislation relating to any fishing and hunting rights of a resident Native American or any Native American tribe in this State, to provide notice to and consult with each of those tribes or any other person specified by the Board of Wildlife Commissioners. Section 9 authorizes the Nevada Indian Commission to provide any requested information or assistance to the Department in providing that notice and consultation. Section 18.5 of this bill makes a conforming change.

      Existing law makes it unlawful for a person to fish in the waters of this State in any manner other than with a hook and line which is attached to a rod and reel. Only one combination of hook, line and rod may be used by a person, except that a second combination of hook, line and rod may be used if certain conditions are met. (NRS 503.290) Section 18 of this bill authorizes the use of not more than two combinations of hook, line and rod by one person at any time.

      Existing law prohibits a person from operating a motorboat on the waters of this State unless certain conditions are satisfied, including that the owner obtain and display a certificate of ownership and a certificate of number. A certificate of number is valid for 1 year, unless sooner terminated or discontinued. (NRS 488.075, 488.125) Section 19 of this bill authorizes the Board of Wildlife Commissioners to adopt regulations to make the certificate of number valid for 2 years. Section 21 of this bill establishes the fee for the issuance or renewal of the certificate of number that is valid for 2 years if allowed. Section 22 of this bill makes conforming changes.

      Under existing law, a motorboat is not required to be numbered in this State if it is already covered by a number which has been awarded to it pursuant to a federally approved numbering system of another state and if the motorboat has not been on the waters of this State for more than 90 consecutive days. The owner of the motorboat is required to record the number awarded in the other state before operating the motorboat for longer than 90 consecutive days. (NRS 488.085, 488.175) Sections 20 and 23 of this bill delete the 90 consecutive days limitation from those provisions. Section 23 also requires a motorboat to be numbered and a certificate of number issued in this State if: (1) the motorboat is not numbered in this State; (2) the owner or operator of the motorboat is a resident of another state; and (3) this State is or will be the state of principal operation of the motorboat during a calendar year.

 


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      Existing law prohibits a person from operating a vessel on the waters of this State unless the person pays an aquatic invasive species fee and attaches an aquatic invasive species decal to the port side transom of the vessel in a distinctly visible manner. Each aquatic invasive species decal expires at the end of each calendar year. (NRS 488.536) Section 24 of this bill revises the amount of the fees that must be paid for an aquatic invasive species decal and the circumstances under which a person must pay those fees. Section 24 also: (1) provides that an aquatic invasive species decal is valid for 1 year, or 2 years if allowed by regulations adopted by the Board of Wildlife Commissioners; (2) authorizes the Commission to adopt regulations for the renewal of an aquatic invasive species decal; and (3) sets forth the fee for the issuance or renewal of an aquatic invasive species decal which is valid for 2 years if allowed.

 

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 502.030 is hereby amended to read as follows:

      502.030  1.  Licenses or permits granting the privilege to hunt, fish or trap as provided in this title must be of such a form as is deemed necessary by the Department, but must include the following information:

      (a) The holder’s name, address and description.

      (b) The date issued.

      (c) The period of validity.

      (d) The correct designation as to whether a fishing, hunting or trapping license or permit.

      (e) A statement [to be signed] acknowledged by the holder [:] at the time of application: “I, the [signator] holder [in signing] of this license or permit, hereby state that I am entitled to this license or permit under the laws of the State of Nevada and that no false statement has been made by me to obtain this license or permit.”

      2.  The Commission may provide rules and regulations requiring an applicant to exhibit proof of the applicant’s identity and residence. Such information must be included on the license or permit as is deemed necessary by the Department.

      3.  The Commission may provide rules and regulations establishing a permanent licensing or permitting system. Such a system may authorize the use of applications for the issuance of temporary hunting, fishing and trapping licenses or permits for residents and the issuance of annual licenses or permits therefrom. The system may provide for the automatic renewal and validation of the annual license or permit.

      4.  The Commission may adopt regulations setting forth the method of applying for, the term and expiration date of any license or permit required by this title to be issued without the payment of a fee.

      Sec. 2. NRS 502.060 is hereby amended to read as follows:

      502.060  1.  A person applying for and procuring a license, tag or permit, as provided in this chapter, shall give to the license agent the person’s name and residence address, which must be entered by the license agent, manually or electronically in a record specified by the Department, together with the date of issuance and a description of the person. If a child under the age of 18 years is applying for a license to hunt, the child’s parent or legal guardian must [sign] acknowledge in the application [and] an attached statement [acknowledging] indicating that the parent or legal guardian has been advised of the provisions of NRS 41.472.

 


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attached statement [acknowledging] indicating that the parent or legal guardian has been advised of the provisions of NRS 41.472.

      2.  In addition to the information required pursuant to subsection 1, the person, or the parent or legal guardian of a child, applying for a license, tag or permit shall, at the time of application, acknowledge the following statement: “I, the holder of this license, tag or permit, hereby state that I am entitled to this license, tag or permit under the laws of the State of Nevada and that no false statement has been made to obtain this license, tag or permit.”

      3.  Except as otherwise provided in subsection [3,] 4, any person who makes any false statement or furnishes false information to obtain any license, tag or permit issued pursuant to the provisions of this title is guilty of a misdemeanor.

      [3.] 4.  Any person who makes any false statement or furnishes false information to obtain any big game tag issued pursuant to the provisions of this title is guilty of a gross misdemeanor.

      [4.] 5.  It is unlawful for any person to hunt, fish or trap using any hunting, fishing or trapping license which is invalid by reason of expiration or a false statement made to obtain the license.

      [5.] 6.  Any person convicted of violating the provisions of subsection [2] 3 or [3] 4 forfeits any bonus point or other increased opportunity to be awarded a tag in a subsequent drawing conducted for that tag if the bonus point or other increased opportunity was acquired by the false statement or false information.

      [6.] 7.  As used in this section, “big game tag” means a tag permitting a person to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, moose, bighorn sheep or elk.

      Sec. 3. NRS 502.066 is hereby amended to read as follows:

      502.066  1.  The Department shall issue an apprentice hunting license to a person who:

      (a) Is 12 years of age or older;

      (b) Has not previously been issued a hunting license by the Department, another state, an agency of a Canadian province or an agency of any other foreign country, including, without limitation, an apprentice hunting license; and

      (c) Except as otherwise provided in subsection 5, is otherwise qualified to obtain a hunting license in this State.

      2.  [Except as otherwise provided in this subsection, the] The Department shall [not impose] charge and collect a fee in the amount of $15 for the issuance of an apprentice hunting license. [For each apprentice hunting license issued, the applicant or the mentor hunter for the applicant shall pay:

      (a) Any service fee required by a license agent pursuant to NRS 502.040;

      (b) The habitat conservation fee required by NRS 502.242; and

      (c) Any transaction fee that is set forth in a contract of this State with a third-party electronic services provider for each online transaction that is conducted with the Department.]

      3.  An apprentice hunting license authorizes the apprentice hunter to hunt in this State as provided in this section.

      4.  It is unlawful for an apprentice hunter to hunt in this State unless a mentor hunter accompanies and directly supervises the apprentice hunter at all times during a hunt. During the hunt, the mentor hunter shall ensure that:

 


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      (a) The apprentice hunter safely handles and operates the firearm or weapon used by the apprentice hunter; and

      (b) The apprentice hunter complies with all applicable laws and regulations concerning hunting and the use of firearms.

      5.  A person is not required to complete a course of instruction in the responsibilities of hunters as provided in NRS 502.340 to obtain an apprentice hunting license.

      6.  The issuance of an apprentice hunting license does not:

      (a) Authorize the apprentice hunter to obtain any other hunting license;

      (b) Authorize the apprentice hunter to hunt any animal for which a tag is required pursuant to NRS 502.130; or

      (c) Exempt the apprentice hunter from any requirement of this title.

      7.  The Commission may adopt regulations to carry out the provisions of this section.

      8.  As used in this section:

      (a) “Accompanies and directly supervises” means maintains close visual and verbal contact with, provides adequate direction to and maintains the ability readily to assume control of any firearm or weapon from an apprentice hunter.

      (b) “Apprentice hunter” means a person who obtains an apprentice hunting license pursuant to this section.

      (c) “Mentor hunter” means a person 18 years of age or older who holds a hunting license issued in this State and who accompanies and directly supervises an apprentice hunter. The term does not include a person who holds an apprentice hunting license pursuant to this section.

      Sec. 4. NRS 502.072 is hereby amended to read as follows:

      502.072  The Department shall issue [without charge] any license authorized under the provisions of this chapter, upon payment of the applicable fee pursuant to NRS 502.240 and satisfactory proof of the requisite facts to any bona fide resident of the State of Nevada who has incurred a service-connected disability which is considered to be 50 percent or more by the Department of Veterans Affairs and has received upon severance from service an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States.

      Sec. 5. NRS 502.090 is hereby amended to read as follows:

      502.090  1.  Each license issued as provided in this chapter is valid, and authorizes the person to whom it is issued to hunt, to fish or to trap during open seasons only during the period specified on the license.

      2.  Except as otherwise provided in subsection 3 of NRS 502.015 and unless suspended or revoked, each fishing license, hunting license and combined hunting and fishing license is valid [:

      (a) From] for 1 year beginning on the date the license is [issued until the last day of the next succeeding February; or

      (b) From the first day of March immediately following the date the license is issued until the last day of the next succeeding February,

Ê] purchased as specified on the license.

      Sec. 6. NRS 502.130 is hereby amended to read as follows:

      502.130  1.  In addition to the regular hunting licenses and trapping licenses provided for in this chapter, additional licenses, to be known as tags, are required to hunt any deer, elk, antelope, [mountain] bighorn sheep , [or] bear [.] , moose, mountain lion or mountain goat.

 


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      2.  Whenever it is determined by the Commission that it is necessary for correct management:

      (a) Tags also may be required to hunt, trap or fish for any other species of wildlife. The Commission may limit the number of tags to be used in a management area.

      (b) Permits and seals may be required to hunt, trap, fish or to possess any species of wildlife.

      3.  The Commission shall set the fee for all permits and seals issued pursuant to paragraph (b) of subsection 2.

      Sec. 6.5. NRS 502.145 is hereby amended to read as follows:

      502.145  1.  An owner, lessee or manager of private land in this State may apply to the Department for the issuance to him or her of one or more deer or antelope tags as provided in this section. The tags must be issued as compensation for damage caused by deer or antelope to the private land or to any improvements thereon.

      2.  An application made pursuant to this section must:

      (a) Be made in the form prescribed by the Department;

      (b) Establish to the satisfaction of the Department that the applicant has sustained damage of the kind described in subsection 1; and

      (c) Be accompanied by the fee charged for the tags pursuant to NRS 502.250 and any fee charged for administrative costs.

      3.  The Department shall review the application, may conduct any investigation it deems appropriate and, if it approves the application, shall issue to the applicant not more than one tag for each 50 animals present on the private land owned, leased or managed by the applicant. Both deer and antelope tags may be issued to an applicant.

      4.  A tag issued as compensation for damage pursuant to this section:

      (a) May be used by the owner, lessee or manager of the private land if the owner, lessee or manager holds a valid Nevada hunting license, or may be sold by that person to any holder of a valid Nevada hunting license at any price mutually agreed upon;

      (b) Except as otherwise provided in subparagraph (2) of paragraph (c), must be used on the private land or in the unit or units within the management area or areas in which the private land is located; and

      (c) May only be used during:

             (1) The open season for the species for which the tag is issued; or

             (2) A season prescribed by regulation of the Commission for the use of such tags only on the private land.

      5.  As a condition of receiving a tag from the Department pursuant to this section, an owner, lessee or manager who is lawfully in control of private land that blocks access to adjacent public land must provide access to the public land during the hunting season to a person or hunting party with a tag for the purpose of hunting on the public land.

      6.  Insofar as they are consistent with this section, the provisions of this title and of the regulations adopted by the Commission apply to the issuance and use of tags pursuant to this section. The Commission:

      (a) Shall by regulation establish the maximum number of tags which may be issued annually by the Department pursuant to this section, which must not exceed [1.5] 2.5 percent of the total number of deer and antelope tags which are authorized for issuance annually throughout the State; and

 

 


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      (b) May adopt any other regulations it deems necessary to carry out the provisions of this section.

      Sec. 7. NRS 502.240 is hereby amended to read as follows:

      502.240  [The Department shall issue annual licenses and limited permits:

      1.  To any person who has not attained his or her 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding the person’s application for a license, upon payment of a fee of $10 for an annual trapping license.

      2.  Except as otherwise provided in NRS 502.083, 502.245 and 504.390, to any person who has attained his or her 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding the person’s application for a license, upon the payment of a fee of:

 

For an annual fishing license.............................................................. $25

For a 1-day permit to fish........................................................................ 8

For each consecutive day added to a 1-day permit to fish............... 3

For a hunting license............................................................................... 29

For a combined hunting and fishing license....................................... 50

For a trapping license............................................................................. 38

For a fur dealer’s license........................................................................ 63

For an annual master guide’s license................................................ 750

For an annual subguide’s license....................................................... 125

 

      3.  To any person who has attained his or her 12th birthday but who has not attained his or her 16th birthday, and who is not a bona fide resident of the State of Nevada, upon the payment of a fee of $17 for an annual fishing license.

      4.  Except as otherwise provided in subsection 3 and NRS 502.083, to any person who is not a bona fide resident of the State of Nevada, upon the payment of a fee of:

 

For an annual fishing license.............................................................. $65

For a 1-day permit to fish...................................................................... 17

For each consecutive day added to a 1-day permit to fish............... 7

For an annual license to fish solely in the reciprocal waters of the Colorado River, Lake Mead, Lake Mohave, Lake Tahoe and Topaz Lake........................................................ 25

For a hunting license............................................................................ 138

For a combined hunting and fishing license.................................... 195

For an annual trapper’s license.......................................................... 188

For a fur dealer’s license...................................................................... 125

For an annual master guide’s license............................................. 1,500

For an annual subguide’s license....................................................... 250

For a 1-day permit to hunt upland game and migratory game birds 20

For each consecutive day added to a 1-day permit to hunt upland game and migratory game birds............... 8

 

 


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      5.  To]

      1.  The Department shall issue:

      (a) Resident licenses and limited permits pursuant to this section to any person who is a resident of this State pursuant to NRS 502.015.

      (b) Nonresident licenses and limited permits pursuant to this section to any person who does not qualify as a resident of this State pursuant to NRS 502.015.

      2.  Except as otherwise provided in NRS 504.390, the Department shall issue a license or permit to any person who is 18 years or older upon the payment of the following fee for:

 

A resident annual fishing license......................................................... $40

A resident 1-day permit to fish.................................................................. 9

Each consecutive day added to a resident 1-day permit to fish......... 3

A resident annual hunting license.......................................................... 38

A resident annual combination hunting and fishing license............ 75

A resident trapping license...................................................................... 40

A resident fur dealer’s license................................................................. 63

A resident master guide’s license......................................................... 750

A resident subguide’s license................................................................ 125

A nonresident annual fishing license.................................................... 80

A nonresident annual license to fish solely in the reciprocal waters of the Colorado River, Lake Mead, Lake Mojave, Lake Tahoe and Topaz Lake............................................ 30

A nonresident 1-day permit to fish......................................................... 18

Each consecutive day added to a nonresident 1-day permit to fish.. 7

A nonresident annual combination hunting and fishing license.. 155

A nonresident trapping license............................................................. 188

A nonresident fur dealer’s license........................................................ 125

A nonresident master guide’s license............................................... 1,500

A nonresident subguide’s license......................................................... 250

A nonresident 1-day combination permit to fish and hunt upland game birds and migratory game birds  23

Each consecutive day added to a nonresident 1-day combination permit to fish and hunt upland game birds and migratory game birds............................................................................ 8

 

      3.  The Department shall issue a license to any person who is at least 12 years of age but less than 18 years of age upon payment of the following fee for:

 

A resident youth combination hunting and fishing license............ $15

A resident youth trapping license........................................................... 15

A nonresident youth combination hunting and fishing license....... 15

 


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      4.  Except as otherwise provided in subsection 5, the Department shall issue an annual resident specialty combination hunting and fishing license pursuant to this chapter upon satisfactory proof of the requisite facts and the payment of a fee of $15 to:

      (a) Any person who has been considered to be a resident of this State pursuant to NRS 502.015 continuously for the 5 years immediately preceding the date of application for the license and is 65 years of age or older.

      (b) Any person who is a resident of this State pursuant to NRS 502.015 and who has a severe physical disability.

      (c) Any person who is a resident of this State pursuant to NRS 502.015 and who has incurred a service-connected disability specified in NRS 502.072.

      5.  The Department shall issue an annual resident specialty combination hunting and fishing license pursuant to this chapter upon satisfactory proof of the requisite facts and the payment of a fee of $10 to any resident Native American of this State pursuant to NRS 502.280.

      6.  The Department shall issue to any person, without regard to residence, upon the payment of a fee of:

 

For a noncommercial license for the possession of live wildlife...... $15

For a commercial or private shooting preserve................................... 125

For a commercial license for the possession of live wildlife............. 500

For a live bait dealer’s permit................................................................... 44

For a competitive field trials permit........................................................ 31

For a permit to train dogs or falcons....................................................... 15

For a 1-year falconry license.................................................................... 38

For a 3-year falconry license.................................................................... 94

For an importation permit......................................................................... 15

For an import eligibility permit................................................................. 31

For an exportation permit......................................................................... 15

For any other special permit issued by the Department, a fee not to exceed the highest fee established for any other special permit set by the Commission.

 

      7.  As used in this section, “severe physical disability” means a physical disability which materially limits a person’s ability to engage in gainful employment.

      Sec. 8. NRS 502.242 is hereby amended to read as follows:

      502.242  1.  [In addition to any fee] On or before August 30 of each year, an amount of money which is equal to 5.25 percent of the fees charged and collected during the immediately preceding fiscal year for [an annual] hunting, trapping, fishing or [combined] combination hunting and fishing [license] licenses or limited permits pursuant to NRS 502.240 [, a habitat conservation fee of $3 must be paid.

      2.  Revenue from the habitat conservation fee] must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife Account and, except as otherwise provided in this subsection and NRS 502.294 and 502.310, used by the Department for the purposes of wildlife habitat rehabilitation and restoration. Each year, not more than 18 percent of the money credited to the Wildlife Account from any revenue received pursuant to subsection 1 may be used to monitor wildlife and its habitat for those purposes.

 


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the money credited to the Wildlife Account from any revenue received pursuant to subsection 1 may be used to monitor wildlife and its habitat for those purposes.

      [3.]2.  The money in the Wildlife Account credited pursuant to this section remains in the Account and does not revert to the State General Fund at the end of any fiscal year.

      Sec. 9. NRS 502.280 is hereby amended to read as follows:

      502.280  1.  [All] Any resident Native [Americans] American of the State of Nevada [are exempt from the payment of fees] may apply for a specialty combination fishing and hunting [licenses.] license.

      [2.]  When applying for a [free] specialty combination fishing [or] and hunting license, [a] the resident Native American [of the State of Nevada] shall exhibit a document issued in this State by the chair of a tribal council or chief of a Native American tribe, or an officer of a reservation, colony or educational institution, stating that the bearer is a resident Native American of the State of Nevada.

      [3.]2. The Department shall issue a specialty combination fishing and hunting license to a resident Native American pursuant to subsection 5 of NRS 502.240 pursuant to the same methods as the Department issues a specialty combination fishing and hunting license to a person pursuant to subsection 4 of NRS 502.240.

      3.  Before hunting for deer or big game off an Indian reservation in this State, all Native Americans [, otherwise exempt under subsection 1,] must secure resident deer tags or other resident big game tags and pay the fee provided therefor in NRS 502.250.

      4.  If the Department is considering whether to make any recommendations for proposed legislation relating to any fishing and hunting rights of a resident Native American or any Native American tribe in this State, the Department shall, in accordance with regulations adopted by the Commission:

      (a) Provide notice of the proposed action to each of those tribes or any other person specified in those regulations; and

      (b) Consult with each of those tribes and persons concerning the proposed action.

      5.  Upon request by the Department, the Nevada Indian Commission may provide information or assistance to the Department in carrying out the provisions of this section.

      6.  The Commission shall adopt regulations to carry out the provisions of this section.

      Sec. 10. NRS 502.290 is hereby amended to read as follows:

      502.290  1.  The Commission is authorized to issue to those persons serving in the Armed Forces of the United States who are bona fide residents of the State of Nevada a specialty combination fishing [or] and hunting [licenses, upon the payment of $5 for each license,] license, provided those persons requesting the licenses are at the time on active duty in the Armed Forces of the United States and are not stationed in the State of Nevada.

      2.  The Commission may require whatever proof it deems necessary to determine whether such persons come within the provisions of this section.

      3.  Any person who is guilty of giving false information to obtain a license as provided in this section is guilty of a misdemeanor.

 


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      Sec. 11. NRS 502.294 is hereby amended to read as follows:

      502.294  [All money received pursuant to NRS 502.292] On or before August 30 of each year, an amount of money which is equal to 3.5 percent of the fees charged and collected during the immediately preceding fiscal year for hunting, fishing or combination hunting and fishing licenses or limited permits pursuant to NRS 502.240 must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. The Department shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Department for the cost of administering [the program of documentation.] any project approved pursuant to NRS 502.296. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.

      Sec. 12. NRS 502.296 is hereby amended to read as follows:

      502.296  1.  Before the Department may undertake any project using money [received] deposited pursuant to NRS [502.292,] 502.294, it must analyze the project and provide the Commission with recommendations as to the need for the project and its feasibility.

      2.  Money [received] deposited pursuant to NRS [502.292] 502.294 must be used for projects approved by the Commission for the protection and propagation of upland game birds and for the acquisition, development and preservation of the habitats of upland game birds in this State.

      Sec. 13. NRS 502.298 is hereby amended to read as follows:

      502.298  The Department shall, not later than the fifth calendar day of each regular session of the Legislature, submit to it a report summarizing any projects undertaken [and] pursuant to NRS 502.296, including, without limitation, the receipt and expenditure of money and public benefits achieved by [the program for the sale of documentation to hunt any upland game bird, except turkey and crow.] those projects.

      Sec. 14. NRS 502.310 is hereby amended to read as follows:

      502.310  [All money received pursuant to NRS 502.300] On or before August 30 of each year, an amount of money which is equal to 1 percent of the fees charged and collected during the immediately preceding fiscal year for hunting, fishing or combination hunting and fishing licenses or limited permits pursuant to NRS 502.240 must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. The Department shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Department for the cost of administering [the state duck stamp programs.] any projects for waterfowl approved pursuant to NRS 502.322. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.

      Sec. 15. NRS 502.322 is hereby amended to read as follows:

      502.322  1.  Before the Department may undertake any project using money [received] deposited pursuant to NRS [502.300,] 502.310, it shall analyze the project and provide the Commission with recommendations as to the need for the project and its feasibility.

      2.  Money [received] deposited pursuant to NRS [502.300] 502.310 must be used for projects approved by the Commission for the protection, propagation and management of [migratory game birds,] waterfowl and for the acquisition, development and preservation of wetlands in Nevada.

 


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      Sec. 16. NRS 502.3262 is hereby amended to read as follows:

      502.3262  [All money received pursuant to NRS 502.326] On or before August 30 of each year, an amount of money which is equal to 8.5 percent of the fees charged and collected during the immediately preceding fiscal year for hunting, fishing or combination hunting and fishing licenses or limited permits pursuant to NRS 502.240 must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. The Department shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Department for the cost of administering the trout [stamp] program [.] and any purpose specified in NRS 502.3264. This amount is in addition to the compensation allowed persons authorized to issue and sell licenses.

      Sec. 17. NRS 502.3264 is hereby amended to read as follows:

      502.3264  Except as otherwise provided in NRS 502.3262, all money [received] deposited pursuant to NRS [502.326] 502.3262 must be used for the protection, propagation and management of trout in this State and for the payment of any bonded indebtedness incurred therefor.

      Sec. 18. NRS 503.290 is hereby amended to read as follows:

      503.290  1.  Except as otherwise provided in subsection 2, it is unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species in any manner other than with hook and line attached to a rod or reel closely attended in the manner known as angling. [Only one combination] Not more than two combinations of hook, line and rod [must] may be used by one person at any time . [, except that a second combination of hook, line and rod may be used by a person if the person:

      (a) Purchases from the Department or a license agent of the Department a stamp, permit or such documentation as may be provided by the Department for a second rod;

      (b) Uses the rod in the manner prescribed in this section; and

      (c) Has in his or her possession a valid fishing license, combined hunting and fishing license or permit to fish issued to the person by the Department, or such documentation as the Department provides as proof that the person has paid to the Department, for the licensing period that includes the time the person is fishing, the fee required pursuant to this section.

Ê The fee for the stamp, permit or documentation is $10, and the stamp, permit or documentation is valid only for the period for which it is issued.]

      2.  The Commission may by regulation authorize other methods for taking fish. Frogs may be taken by spear, bow and arrow, hook and line or by other methods authorized by the Commission’s regulation.

      3.  For the purposes of this section, “hook” includes not more than three baited hooks, not more than three fly hooks or not more than two plugs or similar lures. No more than two such plugs or lures, irrespective of the number of hooks or attractor blades attached thereto, may be attached to the line.

      Sec. 18.5. NRS 233A.100 is hereby amended to read as follows:

      233A.100  The Commission may:

      1.  Appoint advisory committees whenever necessary or appropriate to assist and advise the Commission in the performance of its duties and responsibilities under this chapter.

 


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      2.  Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the Commission as will best enable it to carry out the purposes for which it is created.

      3.  Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with its study or investigation of any matter within the scope of this chapter or NRS 383.150 to 383.190, inclusive.

      4.  Provide any information or assistance requested by the Department of Wildlife pursuant to NRS 502.280.

      Sec. 19. NRS 488.075 is hereby amended to read as follows:

      488.075  1.  The owner of each motorboat requiring numbering by this State shall file an application for a number and for a certificate of ownership with the Department on forms approved by it accompanied by:

      (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320.

      (b) Such evidence of ownership as the Department may require.

Ê The Department shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.

      2.  The application must be signed by the owner of the motorboat and must be accompanied by [a] :

      (a) A fee of $20 for the certificate of ownership ; and [a]

      (b) Except as otherwise provided in subsection 2 of NRS 488.125, an annual fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:

 

Less than 13 feet...................................................................................... $20

13 feet or more but less than 18 feet....................................................... 25

18 feet or more but less than 22 feet....................................................... 40

22 feet or more but less than 26 feet....................................................... 55

26 feet or more but less than 31 feet....................................................... 75

31 feet or more ......................................................................................... 100

 

Except as otherwise provided in this subsection, all fees received by the Department under the provisions of this chapter must be deposited in the Wildlife Account in the State General Fund and, except as otherwise provided in NRS 488.536, may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the Department shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboat’s length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the Department shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

      3.  [A] The Commission shall adopt regulations providing for the renewal of a certificate of number [may be renewed each year] by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in paragraph (b) of subsection 2.

 


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by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in paragraph (b) of subsection 2. The amount of the fee for issuing a duplicate validation decal is $20.

      4.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the Commission in order that the number may be clearly visible. The number must be maintained in legible condition.

      5.  The certificate of number must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.

      6.  The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The amount of the fee for each such a number is $20.

      Sec. 20. NRS 488.085 is hereby amended to read as follows:

      488.085  The owner of any motorboat already covered by a number in effect which has been awarded to it pursuant to a federally approved numbering system of another state must record the number before operating the motorboat on the waters of this [state in excess of the 90-day reciprocity period provided for in NRS 488.175.] State. The recordation must be in the manner and pursuant to the procedure required for the award of a number under NRS 488.075, but no additional or substitute number may be issued.

      Sec. 21. NRS 488.125 is hereby amended to read as follows:

      488.125  1.  Every certificate of number awarded pursuant to the provisions of this chapter shall continue in full force and effect for a period of 1 year , or 2 years if allowed by regulations adopted by the Commission, unless sooner terminated or discontinued in accordance with the provisions of this chapter.

      2.  The fee for the issuance or renewal of a certificate of number for 2 years, if allowed, is an amount which is equal to twice the annual fee for the motorboat set forth in paragraph (b) of subsection 2 of NRS 488.075.

      3.  Certificates of number may be renewed by the owner in accordance with regulations adopted pursuant to subsection 3 of NRS 488.075.

      Sec. 22. NRS 488.135 is hereby amended to read as follows:

      488.135  The Department shall fix a day and month of the year on which certificates of number [due to] expire [during the calendar year lapse] unless renewed pursuant to the provisions of this chapter.

      Sec. 23. NRS 488.175 is hereby amended to read as follows:

      488.175  1.  Except as otherwise provided in [subsection 2,] this section, a motorboat need not be numbered pursuant to the provisions of this chapter if it is:

      (a) Already covered by a number in effect which has been awarded or issued to it pursuant to a federally approved numbering system of another state . [if the boat has not been on the waters of this State for a period in excess of 90 consecutive days.]

      (b) A motorboat from a country other than the United States temporarily using the waters of this State.

      (c) A public vessel of the United States, a state or a political subdivision of a state.

      (d) A ship’s lifeboat.

 


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      (e) A motorboat belonging to a class of boats which has been exempted from numbering by the Department after the Department has found:

             (1) That the numbering of motorboats of that class will not materially aid in their identification; and

             (2) If an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, that the motorboat would also be exempt from numbering if it were subject to the federal law.

      2.  If the owner or operator of a motorboat which is not numbered in this State is a resident of another state, and if this State is or will be the state of principal operation of the motorboat during a calendar year, the motorboat must be numbered and a certificate of number issued for the motorboat pursuant to this chapter. As used in this subsection, “state of principal operation” means a state in whose waters a motorboat is primarily operated during a calendar year.

      3.  The Department may, by regulation, provide for the issuance of exempt numbers for motorboats not required to be registered under the provisions of this chapter.

      [3.] 4.  A motorboat need not be titled pursuant to the provisions of this chapter, if it is:

      (a) Covered by a certificate of ownership which has been awarded or issued to it pursuant to the title system of another state; or

      (b) Documented pursuant to 46 U.S.C. §§ 12101 et seq.

      Sec. 24. NRS 488.536 is hereby amended to read as follows:

      488.536  1.  Except as otherwise provided in subsection [6,] 7, a person shall not operate a vessel on the waters of this State unless the person has:

      (a) Paid to the Department the aquatic invasive species fee established pursuant to subsection 4; and

      (b) Attached the aquatic invasive species decal issued pursuant to subsection 2 to the port side transom of the vessel so that the decal is distinctly visible.

      2.  The Department shall issue to a person who pays the fee established pursuant to subsection 4 an aquatic invasive species decal as evidence of the payment of the aquatic invasive species fee.

      3.  [Aquatic invasive species decals expire at the end of each calendar year.] The Department shall fix a day and month of the year on which an aquatic invasive species decal expires. Only [the] a valid decal [for the current year] may be displayed on a vessel.

      4.  The Commission shall establish by regulation an annual aquatic invasive species fee, which:

      (a) For a motorboat which is owned or operated by a person [who is a resident] on the waters of this State, must not exceed [$10;] $12; and

      (b) For a vessel, other than a motorboat, which is owned or operated by a person [who is a resident] on the waters of this State, must not exceed $5 . [;

      (c) For a motorboat which is owned or operated by a nonresident of this State, must be $20; and

      (d) For a vessel, other than a motorboat, which is owned or operated by a nonresident of this State, must be $10.]

      5.  [The] Each aquatic invasive species [fee established pursuant to subsection 4 must be paid annually] decal is valid for 1 year, or 2 years if allowed by regulations adopted by the Commission. The Commission may adopt regulations for the renewal of an aquatic invasive species decal. The fee for the issuance or renewal of the decal for 2 years, if allowed, is an amount which is equal to twice the annual fee set forth in subsection 4.

 


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fee for the issuance or renewal of the decal for 2 years, if allowed, is an amount which is equal to twice the annual fee set forth in subsection 4. The fee for the issuance or renewal of an aquatic invasive species decal [. The fee] must be deposited in the Wildlife Account in the State General Fund and used by the Department for enforcement of this section and NRS 488.530, 488.533 and 503.597 and for education about and management of aquatic invasive species.

      6.  The provisions of this section do not apply to a person who operates a vessel on the waters of:

      (a) The Colorado River, Lake Mead or Lake Mohave if, as determined by the Department, the vessel is registered in Arizona and Arizona has a program in effect for the management of aquatic invasive species; or

      (b) Lake Tahoe or Topaz Lake if, as determined by the Department, the vessel is registered in California and California has a program in effect for the management of aquatic invasive species.

      Sec. 25.  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. 26.  Any license, tag or permit to hunt, fish or trap issued or renewed by the Department of Wildlife before January 1, 2018, remains valid for the period for which the Department issued or renewed the license, tag or permit, if the holder of the license, tag or permit otherwise remains qualified to hold the license, tag or permit during that period.

      Sec. 27.  The amendatory provisions of sections 8, 11, 14 and 16 of this act do not apply to Fiscal Year 2016-2017.

      Sec. 28. NRS 502.083, 502.245, 502.292, 502.300 and 502.326 are hereby repealed.

      Sec. 29.  1.  This section and section 6.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 6, inclusive, and 7 to 28, inclusive, of this act become effective:

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

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

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CHAPTER 534, SB 368

Senate Bill No. 368–Senators Ford, Atkinson, Spearman, Cancela and Denis

 

Joint Sponsors: Assemblymen Neal, Frierson, Thompson, Monroe-Moreno, Miller; and McCurdy II

 

CHAPTER 534

 

[Approved: June 9, 2017]

 

AN ACT relating to public employees; making appropriations from the State General Fund and State Highway Fund for increases in the salaries of certain employees of the State; 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.  The approximate maximum salaries as set forth in section 1 of Assembly Bill No. 517 of this session must be increased by an additional 1 percent effective on July 1, 2017, and an additional 1 percent effective on July 1, 2018.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the State Board of Examiners for reimbursement to any department, commission or agency of the State of Nevada, including the Judicial Department of the State Government, which receives part or all of its funding from the State General Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of Assembly Bill No. 517 of this session and the amount budgeted for that purpose and to provide salary increases as provided in section 1 of this act:

For the Fiscal Year 2017-2018.................................................... $442,788

For the Fiscal Year 2018-2019.................................................... $888,644

      2.  There is hereby appropriated from the State Highway Fund to the State Board of Examiners for reimbursement to a state agency, which receives part or all of its funding from the State Highway Fund, for the difference between the maximum amount allowed in sections 1, 2 and 3 of Assembly Bill No. 517 of this session and the amount budgeted for that purpose and to provide salary increases as provided in section 1 of this act:

For the Fiscal Year 2017-2018...................................................... $15,502

For the Fiscal Year 2018-2019...................................................... $31,612

      3.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse from the appropriate fund to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which, when added to the money otherwise appropriated or available, equal the amount of money required to pay the salaries of the unclassified employees of the respective departments, commissions and agencies under the adjusted pay plan.

 


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      Sec. 3.  1.  Except as otherwise provided in this act, to effect increases in salaries of approximately an additional 1 percent, effective on July 1, 2017, and an additional 1 percent effective on July 1, 2018, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $3,877,096 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $8,078,503, for the purpose of meeting any deficiencies which may be created between the appropriated money of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the classified and nonclassified personnel of those departments, commissions and agencies, including the Judicial Department of the State Government, necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2017.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to various departments, commissions and agencies of the State of Nevada, out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to pay the salaries of the classified and nonclassified employees of the respective departments, commissions and agencies under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

      Sec. 4.  1.  To effect increases in salaries of approximately an additional 1 percent effective on July 1, 2017, and an additional 1 percent effective on July 1, 2018, there is hereby appropriated from the State Highway Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $664,419 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $1,379,660, for the purpose of meeting any deficiencies which may exist between the appropriated money of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of classified personnel of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority necessary under an adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2017.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Department of Motor Vehicles, the Department of Public Safety and the Nevada Transportation Authority out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the salaries of the classified employees of the Department of Motor Vehicles, Department of Public Safety and Nevada Transportation Authority under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

 


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disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

      Sec. 5.  1.  To effect increases in salaries of approximately an additional 1 percent effective on July 1, 2017, and an additional 1 percent effective on July 1, 2018, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $876,508 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $1,811,494, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the classified personnel of the Nevada System of Higher Education necessary under the adjusted pay plan, except those employees whose salaries have been retained, to become effective on July 1, 2017.

      2.  To effect increases in salaries of approximately an additional 1 percent effective on July 1, 2017, and an additional 1 percent effective on July 1, 2018, there is hereby appropriated from the State General Fund to the State Board of Examiners for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $3,835,901 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $7,849,807, for the purpose of meeting any deficiencies which may be created between the appropriated money of the Nevada System of Higher Education as fixed by the 79th Session of the Nevada Legislature and the requirements for increasing the salaries of those professional employees of the Nevada System of Higher Education whose positions are included in the Executive Budget as approved by the 79th Session of the Nevada Legislature, to become effective on July 1, 2017.

      3.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Nevada System of Higher Education out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated are limits and equal the amount of money available to pay the salaries of the classified and professional employees of the Nevada System of Higher Education under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than the increases in salaries described in this section.

      Sec. 6.  1.  In addition to the increases required pursuant to section 8 of Assembly Bill No. 517 of this session, the salaries of the employees of the Legislative Counsel Bureau and of interim legislative operations shall be increased by approximately an additional 1 percent effective on July 1, 2017, and an additional 1 percent effective on July 1, 2018.

      2.  To effect the increases in salaries required pursuant to subsection 1, there is hereby appropriated from the State General Fund to the Legislative Fund for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, the sum of $257,339 and for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019, the sum of $531,094, for the purpose of meeting any deficiencies which may be created between the money appropriated to the Legislative Fund as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the personnel of the Legislative Counsel Bureau necessary under an adjusted pay plan to become effective on July 1, 2017.

 


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meeting any deficiencies which may be created between the money appropriated to the Legislative Fund as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries of the personnel of the Legislative Counsel Bureau necessary under an adjusted pay plan to become effective on July 1, 2017.

      Sec. 7.  Any remaining balance of an appropriation made by sections 2 to 6, inclusive, of this act must not be committed for expenditure after June 30, 2019, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2019, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund from which it was appropriated on or before September 20, 2019.

      Sec. 8.  1.  Money in subsection 1 of section 2 of this act and section 3 of this act may be transferred between those sections to finance the additional 1 percent salary increase authorized on July 1, 2017, and the additional 1 percent salary increase authorized on July 1, 2018.

      2.  Money in subsection 2 of section 2 of this act and section 4 of this act may be transferred between those sections to finance the additional 1 percent salary increase authorized on July 1, 2017, and the additional 1 percent salary increase authorized on July 1, 2018.

      3.  When determining the allocations of the money appropriated in sections 2 to 5, inclusive, of this act, the State Board of Examiners shall not distribute money to an account beyond the maximum salary need amount determined for the account. Appropriations established for an account within a department, agency or commission must not be distributed to another account within the department, agency or commission if that action results in the distribution of money beyond the maximum salary need amount determined for the account.

      Sec. 9.  1.  To effect the State of Nevada’s share of the increases of salary of approximately an additional 1 percent effective July 1, 2017, and an additional 1 percent effective on July 1, 2018, for employees of the Tahoe Regional Planning Agency, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of not more than $6,072 for the fiscal year beginning on July 1, 2017, and ending on June 30, 2018, and the sum of not more than $12,265 for the fiscal year beginning on July 1, 2018, and ending on June 30, 2019. The amounts transferred must not be used to increase an employee’s base salary unless the State of California provides the required 2 for 1 matching funds. If such matching funds are not provided by the State of California, any amounts provided to the Tahoe Regional Planning Agency by the State of Nevada must be used as a one-time salary bonus.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the Tahoe Regional Planning Agency out of the money appropriated by this section such sums of money as may from time to time be required, which when added to the money otherwise appropriated or available equal the amount of money required to meet and pay the State of Nevada’s share of the salaries of the employees of the Tahoe Regional Planning Agency under the adjusted pay plan. The sums appropriated by this section may not be allocated and disbursed to address a deficiency between the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than an increase in salaries described in this section.

 


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the appropriated money as fixed by the 79th Session of the Nevada Legislature and the requirements for salaries resulting from any circumstance other than an increase in salaries described in this section.

      Sec. 10.  1.  Except as otherwise provided in this act, to effect salary increases effective January 7, 2019, in accordance with the provisions of NRS 223.050 for the Governor, NRS 224.050 for the Lieutenant Governor, NRS 225.050 for the Secretary of State, NRS 226.090 for the State Treasurer, NRS 227.060 for the State Controller and NRS 228.070 for the Attorney General, there is hereby appropriated from the State General Fund to the State Board of Examiners the sum of $10,118 for the fiscal year beginning July 1, 2018, and ending on June 30, 2019.

      2.  The State Board of Examiners, upon the recommendation of the Director of the Office of Finance in the Office of the Governor, may allocate and disburse to the various agencies of the State of Nevada out of the money appropriated by this section such sums of money required to pay the salaries of the elected officials set forth in subsection 1.

      Sec. 11.  This act becomes effective on July 1, 2017.

________

CHAPTER 535, SB 514

Senate Bill No. 514–Committee on Natural Resources

 

CHAPTER 535

 

[Approved: June 9, 2017]

 

AN ACT relating to water; revising provisions governing the disposition of certain fees collected by the State Engineer; carrying forward certain money appropriated for the maintenance and operation of the South Fork Dam; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, certain fees collected by the State Engineer for services relating to the adjudication and appropriation of water are deposited into the Water Distribution Revolving Account. (NRS 533.135, 533.435) Sections 2 and 3 of this bill provide that such fees collected by the State Engineer will be deposited into the State General Fund.

      Existing law also provides that fees received by the State Engineer for blueprint copies of a drawing or map must be kept by the State Engineer and used to pay certain costs related to printing. (NRS 533.435) Section 3 of this bill provides that fees received by the State Engineer for producing any copies must be kept by the State Engineer to pay such costs.

      Section 3.3 of this bill carries forward to Fiscal Years 2017-2018 and 2018-2019 the balance of the money that was appropriated to the Division of Water Resources of the State Department of Conservation and Natural Resources for Fiscal Year 2016-2017 for the maintenance and operation of the South Fork Dam and which is unencumbered or unexpended at the end of Fiscal Year 2016-2017. (Section 26 of chapter 534, Statutes of Nevada 2015, p. 3675) Section 3.7 appropriates money to the Division of Water Resources for use for the maintenance and operation of the South Fork Dam until 2021.

 


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ê2017 Statutes of Nevada, Page 3648 (Chapter 535, SB 514)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 533.135 is hereby amended to read as follows:

      533.135  1.  At the time of submission of proofs of appropriation, where the necessary maps are prepared by the State Engineer, the fee collected from any claimants must be the actual cost of the survey and the preparation of maps.

      2.  The State Engineer shall collect a fee of $60 for a proof of water used for watering livestock or wildlife purposes. The State Engineer shall collect a fee of $120 for any other character of claim to water.

      3.  All fees collected as provided in this section must be accounted for in detail and deposited with the State Treasurer [into the Water Distribution Revolving Account created pursuant to NRS 532.210.] for credit to the State General Fund.

      Sec. 3. 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 or wildlife purposes   360.00

plus $3 per acre-foot approved or fraction thereof.

Except for generating hydroelectric power 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.

 


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ê2017 Statutes of Nevada, Page 3649 (Chapter 535, SB 514)ê

 

For issuing and recording each permit for additional rate of diversion 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 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 foot of water 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-foot of water approved or fraction thereof.

For issuing 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

 


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ê2017 Statutes of Nevada, Page 3650 (Chapter 535, SB 514)ê

 

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 (2′ x 3′)....... 12.00

The minimum charge for a blueprint copy, per print........................ 3.00

For colored mylar plots........................................................................ 10.00

 

      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.] State General Fund. 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.] State General Fund.

      Sec. 3.3.  The balance of the appropriation made to the Division of Water Resources of the State Department of Conservation and Natural Resources pursuant to section 26 of chapter 534, Statutes of Nevada 2015, at page 3675, for Fiscal Year 2016-2017 for the maintenance and operation of the South Fork Dam that is unencumbered or unexpended at the end of Fiscal Year 2016-2017 does not revert to the State General Fund, must be carried forward to Fiscal Years 2017-2018 and 2018-2019 and is hereby authorized for use in Fiscal Years 2017-2018 and 2018-2019 for the maintenance and operation of the South Fork Dam.

 


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ê2017 Statutes of Nevada, Page 3651 (Chapter 535, SB 514)ê

 

      Sec. 3.7. 1.  There is hereby appropriated from the State General Fund to the Division of Water Resources of the State Department of Conservation and Natural Resources the sum of $447,310 for the maintenance and operation of the South Fork Dam.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 536, SB 552

Senate Bill No. 552–Committee on Finance

 

CHAPTER 536

 

[Approved: June 9, 2017]

 

AN ACT relating to public employees; revising the method of determining the amount that certain local governmental agencies are required to pay as a subsidy for the cost of coverage for retired persons of the agencies who are participants in the Public Employees’ Benefits Program; expressing the intent of the Legislature regarding the transitional responsibility for any increased costs to such local governmental agencies relating to the subsidy; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Board of the Public Employees’ Benefits Program provides group insurance coverage through the Public Employees’ Benefits Program for active and retired state officers and employees and their dependents. (NRS 287.043) In addition, the Program provides coverage to active and retired officers and employees, and their dependents, of a county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency under certain circumstances. (NRS 287.025, 287.043) For the purpose of determining rates and coverage for group health insurance provided through the Program, the Board is required by existing law to maintain separate “risk pools” for state and nonstate participants. (NRS 287.043) Existing law requires a local governmental agency to subsidize the cost of coverage of its retired persons who participate in the Program by paying the same portion of the cost of coverage for those retired persons as the State pays for state retired persons. (NRS 287.023)

      Section 1 of this bill changes the method of calculating the amount of the subsidy paid by a local governmental agency for coverage under the Program of retired persons of the local governmental agency to require the local governmental agency to pay the portion of the total cost of that coverage that is equal to the difference between the total cost of coverage and the amount of the premium paid by a similarly situated state retired person for coverage under the Program.

 


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

ê2017 Statutes of Nevada, Page 3652 (Chapter 536, SB 552)ê

 

      Under existing law, the Board of the Public Employees’ Benefits Program is required to provide at least 30 days’ written notice to all participants in the Program of any change in the premium or contribution charged for, or coverage of, under the Program. (NRS 287.043) Section 2 of this bill provides an exemption from this requirement for the plan year commencing on July 1, 2017, with respect to any change in the amount of the premium or contribution charged for coverage under the Program of a retired person of a local governmental agency as a result of the revised calculation set forth in section 1.

      Section 3 of this bill expresses the intent of the Legislature with respect to transitional responsibility for any increased cost to a local governmental agency as a result of the revised calculation set forth in section 1.

 

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 287.023 is hereby amended to read as follows:

      287.023  1.  Whenever an officer or employee of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada retires under the conditions set forth in NRS 1A.350 or 1A.480, or 286.510 or 286.620 and, during the period in which the person served as an officer or employee, was eligible to be covered or had dependents who were eligible to be covered by any group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025, the officer or employee has the option upon retirement to cancel or continue any such coverage to the extent that such coverage is not provided to the officer or employee or a dependent by the Health Insurance for the Aged Act, 42 U.S.C. §§ 1395 et seq.

      2.  A retired person who continues coverage under the Public Employees’ Benefits Program shall assume the portion of the premium or contribution costs for the coverage which the governing body or the State does not pay on behalf of retired officers or employees. A dependent of such a retired person has the option, which may be exercised to the same extent and in the same manner as the retired person, to cancel or continue coverage in effect on the date the retired person dies. The dependent is not required to continue to receive retirement payments from the Public Employees’ Retirement System to continue coverage.

      3.  Notice of the selection of the option must be given in writing to the last public employer of the officer or employee within 60 days after the date of retirement or death, as the case may be. If no notice is given by that date, the retired officer or employee and any dependents shall be deemed to have selected the option to cancel the coverage for the group insurance, plan of benefits or medical and hospital service established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 or coverage under the Public Employees’ Benefits Program pursuant to paragraph (a) of subsection 1 of NRS 287.025.

      4.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State:

 


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ê2017 Statutes of Nevada, Page 3653 (Chapter 536, SB 552)ê

 

      (a) May pay the cost, or any part of the cost, of coverage established pursuant to NRS 287.010, 287.015 or 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025 for persons who continue that coverage pursuant to subsection 1, but it must not pay a greater portion than it does for its current officers and employees.

      (b) Shall , for each retired person covered under the Public Employees’ Benefits Program, pay the [same] portion of the total cost of coverage for the retired person under the [Public Employees’ Benefits Program for retired persons covered under the Program as the State pays pursuant to NRS 287.046 for persons] Program that is equal to the difference between the total cost of coverage for the retired person and the amount of the premium paid by a similarly situated retired person with state service who [participate] participates in the Program [.] for coverage under the Program.

      5.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State shall, for the purpose of establishing actuarial data to determine rates and coverage for persons who continue coverage for group insurance, a plan of benefits or medical and hospital service with the governing body pursuant to subsection 1, commingle the claims experience of those persons with the claims experience of active officers and employees and their dependents who participate in the group insurance, a plan of benefits or medical and hospital service.

      Sec. 2.  Notwithstanding the provisions of paragraphs (c) and (d) of subsection 2 of NRS 287.043, as a result of the amendatory provisions of this act, the Board of the Public Employees’ Benefits Program may provide such notice as it determines appropriate of any change in the amount of the premium or contribution charged for coverage of a retired person under the Public Employees’ Benefits Program pursuant to NRS 287.023 for the plan year of the Program beginning on July 1, 2017. The Board is not required to hold a period of open enrollment for purposes of such a change.

      Sec. 3.  To the extent that the amount of the cost of coverage under the Public Employees’ Benefits Program for retired persons covered under the Program that is required to be paid by a local governmental agency pursuant to paragraph (b) of subsection 4 of NRS 287.023, as amended by section 1 of this act, exceeds the cost of such coverage that the local governmental agency was required to pay before July 1, 2017, it is the intent of the Legislature that the difference in the cost be paid in the following manner:

      1.  For Fiscal Year 2017-2018, 100 percent of the difference in the cost of coverage must be paid from the State General Fund.

      2.  For Fiscal Year 2018-2019, 75 percent of the difference in the cost of coverage must be paid from the State General Fund and 25 percent of that difference must be paid by the local governmental agency.

      3.  For Fiscal Year 2019-2020, 50 percent of the difference in the cost of coverage must be paid from the State General Fund and 50 percent of that difference must be paid by the local governmental agency.

      4.  For Fiscal Year 2020-2021, 25 percent of the difference in the cost of coverage must be paid from the State General Fund and 75 percent of that difference must be paid by the local governmental agency.

      5.  For Fiscal Year 2021-2022 and each succeeding fiscal year, 100 percent of the difference in the cost of coverage must be paid by the local governmental agency.

 


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ê2017 Statutes of Nevada, Page 3654 (Chapter 536, SB 552)ê

 

      Sec. 3.5.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee may vote on this act before the expiration of the period prescribed for the return of a fiscal note in NRS 218D.475. This section applies retroactively from and after June 1, 2017.

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

      Sec. 5.  1.  This section and sections 2 and 3.5 of this act become effective upon passage and approval.

      2.  Sections 1, 3 and 4 of this act become effective on July 1, 2017.

________

CHAPTER 537, SB 306

Senate Bill No. 306–Senators Ford, Parks, Cancela, Atkinson, Farley; Denis, Manendo, Ratti, Segerblom, Spearman and Woodhouse

 

CHAPTER 537

 

[Approved: June 9, 2017]

 

AN ACT relating to offenders; revising provisions governing the authorization for offenders to have access to telecommunications devices under certain circumstances; authorizing the Department of Corrections to create a pilot program governing certain uses of telecommunications devices by offenders; directing the Board of State Prison Commissioners to create a pilot program of education and training for certain offenders; setting forth the goals and functions of the pilot program of education and training; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits offenders from having access to telecommunications devices except under certain circumstances, including pursuant to an agreement with the Department of Corrections. (NRS 209.417) Section 1 of this bill removes the authority to enter into such agreements and instead authorizes the Director of the Department to adopt regulations, with the approval of the Board of State Prison Commissioners, governing the use of telecommunications devices for certain purposes related to education and employment. Section 1.7 of this bill provides for the development, creation and operation of a pilot program that will operate in this State from July 1, 2017, through June 30, 2019, for the purpose of authorizing the Department to allow certain offenders to use telecommunications devices for certain reentry programs and services.

      Existing law requires the Board of State Prison Commissioners to adopt regulations to establish programs of general education, vocational education and training and other rehabilitation for offenders. (NRS 209.389) Section 3 of this bill provides for the development, creation and operation of a pilot program that will operate in this State from July 1, 2017, through June 30, 2019, and focus its efforts on a program of education and training for certain offenders.

 


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ê2017 Statutes of Nevada, Page 3655 (Chapter 537, SB 306)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 209.417 is hereby amended to read as follows:

      209.417  1.  Except as otherwise provided in this section, the warden or manager of an institution or facility shall ensure that no offender in the institution or facility, or in a vehicle of the Department, has access to a telecommunications device.

      2.  An offender may use a telephone or, for the purpose of communicating with his or her child pursuant to NRS 209.42305, any other approved telecommunications device subject to the limitations set forth in NRS 209.419.

      3.  The [Department] Director may [enter into an agreement with] , with the approval of the Board, adopt regulations authorizing an offender who is assigned to transitional housing, a center for the purpose of making restitution pursuant to NRS 209.4827 to 209.4843, inclusive, or a specific program of education or vocational training [authorizing the offender] to use a telecommunications device:

      (a) To access a network, including, without limitation, the Internet, for the purpose of:

             (1) Obtaining educational or vocational training that is approved by the Department;

             (2) Searching for or applying for employment; or

             (3) Performing essential job functions.

      (b) For any other purpose if a telecommunications device is required by an employer of the offender to perform essential job functions.

      4.  As used in this section, “telecommunications device” means a device, or an apparatus associated with a device, that can enable an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone, a personal digital assistant, a transmitting radio or a computer that is connected to a computer network, is capable of connecting to a computer network through the use of wireless technology or is otherwise capable of communicating with a person or device outside of the institution or facility.

      Sec. 1.5. (Deleted by amendment.)

      Sec. 1.7.  1.  The Department of Corrections may develop a pilot program authorizing offenders to use a telecommunications device, which may not include direct Internet access, for programs for reentry and direct correctional services.

      2.  An offender authorized to use a telecommunications device pursuant to this section must be determined to be eligible by the Department and meet the minimum criteria to be eligible for programs of reentry into the community, including any appropriate assessment based on the Nevada Risk Assessment Services instrument.

      3.  Any communication made by an offender pursuant to this section is subject to monitoring, security and the limitations set forth in NRS 209.419.

 

 

 


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ê2017 Statutes of Nevada, Page 3656 (Chapter 537, SB 306)ê

 

      4.  As used in this section:

      (a) “Direct correctional service” means a service related to an internal grievance, or a request for medical or mental health.

      (b) “Program for reentry” means a program for the rehabilitation of offenders for reentry into the community, including without limitation, programs for education, vocational education, mental health or substance abuse treatment.

      (c) “Telecommunications device” has the meaning ascribed to it in NRS 209.417.

      Sec. 2.  The Legislature finds and declares that:

      1.  It is in the interest of the State to enhance the existing programs of education and training for certain offenders for the purpose of:

      (a) Increasing employment and education opportunities for offenders who are released from custody; and

      (b) Reducing the risk of recidivism.

      2.  Offenders convicted of a crime under the laws of this State and sentenced to imprisonment in the state prison:

      (a) Should be offered education and training to prepare the offender for a seamless transition to higher education upon release from custody; and

      (b) Who receive such education and training will improve his or her quality of life.

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

      4.  The purpose of the pilot program described in section 3 of this act is to reduce future costs to this State and increase the employability of offenders by enhancing the programs of education and training for certain offenders.

      Sec. 3.  1.  The Board in consultation with the College of Southern Nevada shall develop, create and administer a pilot program of education and training for certain offenders with a view towards increasing the employability of those offenders.

      2.  Under the auspices of the pilot program, the College of Southern Nevada shall, in cooperation with the Board:

      (a) Expand opportunities for offenders in Clark County to:

             (1) Successfully complete the high school equivalency assessment provided by the State Board of Education;

             (2) Participate in programs related to college and career readiness;

             (3) Receive vocational education and training; and

             (4) Receive counseling related to the reentry of offenders;

      (b) Provide job placement assistance to offenders upon release of custody; and

      (c) Partner with the Department of Employment, Training and Rehabilitation, other local agencies and nonprofit organizations whose purpose is to provide counseling, services and assistance relating to the reentry of offenders.

      3.  To the extent possible, the pilot program must:

      (a) Establish the conditions under which an offender may be selected to participate in the pilot program; and

      (b) Be conducted with the goal of selecting 50 female offenders and 50 male offenders to participate in the pilot program.

      4.  As used in this section:

 


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ê2017 Statutes of Nevada, Page 3657 (Chapter 537, SB 306)ê

 

      (a) “Board” means the Board of State Prison Commissioners as defined by Section 21 of Article 5 of the Nevada Constitution.

      (b) “Offender” means any person convicted of a crime under the laws of this State and sentenced to imprisonment in the state prison.

      Sec. 4.  There is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $300,000 to allow the College of Southern Nevada to carry out the pilot program of education and training for certain offenders pursuant to section 3 of this act.

      Sec. 5.  Any remaining balance of the appropriation made by section 4 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. 6.  1.  This act becomes effective upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act, and on July 1, 2017, for all other purposes.

      2.  Sections 1.7, 2 and 3 of this act expire by limitation on June 30, 2019.

________

CHAPTER 538, AB 420

Assembly Bill No. 420–Assemblyman Ohrenschall

 

CHAPTER 538

 

[Approved: June 9, 2017]

 

AN ACT relating to corrections; authorizing the Director of the Department of Corrections to establish by regulation a charge on the use of videoconference equipment by offenders to conduct certain visits; revising provisions governing the use of electronic devices by offenders for certain purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that money received for the benefit of offenders through contributions, that is not required to be deposited elsewhere, be placed in the Offenders’ Store Fund and expended for the welfare and benefit of all offenders sentenced to imprisonment in the state prison. (NRS 209.221) Section 1 of this bill authorizes the Director of the Department of Corrections, with approval of the Board of State Prison Commissioners, to establish by regulation a charge on the use by offenders of videoconferencing equipment for conducting visits to defray the costs of operating and maintaining such equipment.

      Existing law prohibits offenders from having access to telecommunications devices except under certain circumstances. (NRS 209.417) Section 2 of this bill authorizes an offender to use an approved telecommunications device to conduct certain visits and correspondence. Section 2 also authorizes the Department to enter into an agreement with an offender allowing the offender to use a telecommunications device for certain purposes related to correctional activities and educational, vocational and legal research.

 


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ê2017 Statutes of Nevada, Page 3658 (Chapter 538, AB 420)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 209.221 is hereby amended to read as follows:

      209.221  1.  The Offenders’ Store Fund is hereby created as a special revenue fund. All money received for the benefit of offenders through contributions, and from other sources not otherwise required to be deposited in another fund, must be deposited in the Offenders’ Store Fund.

      2.  The Director shall:

      (a) Keep, or cause to be kept, a full and accurate account of the Fund;

      (b) Submit reports to the Board relative to money in the Fund as may be required from time to time; and

      (c) Submit a monthly report to the offenders of the amount of money in the Fund by posting copies of the report at locations accessible to offenders generally or by delivery of copies to the appropriate representatives of the offenders if any are selected.

      3.  Except as otherwise provided in subsections 4 to [9,] 10, inclusive, money in the Offenders’ Store Fund, except interest earned upon it, must be expended for the welfare and benefit of all offenders.

      4.  If necessary to cover a shortfall of money in the Prisoners’ Personal Property Fund, the Director may, after obtaining the approval of the Interim Finance Committee, authorize the State Controller to transfer money from the Offenders’ Store Fund to the Prisoners’ Personal Property Fund, and the State Controller shall make the transfer.

      5.  If an offender has insufficient money in his or her individual account in the Prisoners’ Personal Property Fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the Director shall authorize the State Controller to transfer sufficient money from the Offenders’ Store Fund to the appropriate account in the State General Fund to pay costs remaining unpaid, and the State Controller shall make the transfer. Any money so transferred must be accounted for separately. The Director shall cause the Offenders’ Store Fund to be reimbursed from the offender’s individual account in the Prisoners’ Personal Property Fund, as money becomes available.

      6.  If the Department incurs costs related to state property that has been willfully damaged, destroyed or lost or incurs costs related to medical examination, diagnosis or treatment for an injury to an offender, the Director may authorize the State Controller to transfer money from the Offenders’ Store Fund to the appropriate account in the State General Fund to repay or defray those costs if:

      (a) The Director has reason to believe that an offender caused the damage, destruction, loss or injury; and

      (b) The identity of the offender is unknown or cannot be determined by the Director with reasonable certainty.

Ê The State Controller shall make the transfer if authorized by the Director. Any money transferred must be accounted for separately. If the identity of the offender is determined after money has been transferred, the Director shall cause the Offenders’ Store Fund to be reimbursed from the offender’s individual account in the Prisoners’ Personal Property Fund, as money becomes available.

 


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ê2017 Statutes of Nevada, Page 3659 (Chapter 538, AB 420)ê

 

      7.  The Director may, with approval of the Board, establish by regulation criteria for a reasonable deduction from money credited to the Offenders’ Store Fund to repay or defray the costs relating to the operation and maintenance of the offenders’ store, coffee shop, gymnasium and correctional officers’ salaries for visitation posts where they exist in each facility. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.

      8.  The Director may, with approval of the Board, establish by regulation a charge on the purchase of electronic devices by offenders to defray the costs relating to the operation of the devices. The Director shall utilize the proceeds collected from the charge established for operation of the devices to offset the energy costs of the facilities within the Department. Any regulations adopted pursuant to this subsection must be adopted in accordance with the provisions of chapter 233B of NRS.

      9.  The Director may, with approval of the Board, establish by regulation a charge on the use by offenders of videoconferencing equipment for conducting visits to defray the costs relating to the operation and maintenance of the equipment. The Director shall utilize the proceeds collected from the charge established for the operation and maintenance of the equipment to offset the costs of operating and maintaining the videoconferencing equipment and correctional officers’ salaries for posts for conducting visits by videoconference where the posts exist in each facility.

      10.  If an offender who has been assigned to a center for the purpose of making restitution is returned to an institution for committing an infraction of the regulations of the Department and the center has not been fully compensated for the cost of providing the offender with housing, transportation, meals, or medical or dental services at the center, the Director may authorize the State Controller to transfer money from the Offenders’ Store Fund to the appropriate account in the State General Fund to repay or defray those costs. The State Controller shall make the transfer if authorized by the Director. Any money transferred must be accounted for separately. The Director shall cause the Offenders’ Store Fund to be reimbursed from the offender’s individual account in the Prisoners’ Personal Property Fund, as money becomes available.

      [10.]11.  If an offender has insufficient money in his or her individual account in the Prisoners’ Personal Property Fund to repay or defray costs assessed to the offender pursuant to NRS 209.246, the offender shall sign a statement under penalty of perjury concerning his or her financial situation. Such a statement must include, but is not limited to, the following information:

      (a) The value of any interest the offender has in real estate;

      (b) The value of the personal property of the offender;

      (c) The assets in any bank account of the offender; and

      (d) The employment status of the offender.

      [11.]12.  The statement required by subsection [10] 11 must also authorize the Department to access any relevant document, for the purpose of verifying the accuracy of the information provided by the offender pursuant to this section, including, but not limited to, information regarding any bank account of the offender, information regarding any bank account held in trust for the offender and any federal income tax return, report or withholding form of the offender.

 


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      [12.]13.  An offender who conceals assets from the Department or provides false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.

      [13.]14.  A person who aids or encourages an offender to conceal assets from the Department or to provide false or misleading information on a statement prepared pursuant to this section is guilty of a gross misdemeanor.

      Sec. 2. NRS 209.417 is hereby amended to read as follows:

      209.417  1.  Except as otherwise provided in this section, the warden or manager of an institution or facility shall ensure that no offender in the institution or facility, or in a vehicle of the Department, has access to a telecommunications device.

      2.  An offender may use a telephone or, for the purpose of communicating with his or her child pursuant to NRS 209.42305, any other approved telecommunications device subject to the limitations set forth in NRS 209.419.

      3.  An offender may use an approved telecommunications device for the purpose of conducting a visit or correspondence which is authorized pursuant to NRS 209.423, subject to the limitations set forth in NRS 209.419.

      4.  The Department may enter into an agreement with [an] :

      (a) An offender authorizing the offender to use a telecommunications device to facilitate or participate in correctional activities or to perform educational, vocational or legal research, subject to the limitations set forth in NRS 209.419; or

      (b) An offender who is assigned to transitional housing, a center for the purpose of making restitution pursuant to NRS 209.4827 to 209.4843, inclusive, or a specific program of education or vocational training authorizing the offender to use a telecommunications device:

      [(a)](1) To access a network, including, without limitation, the Internet, for the purpose of:

             [(1)](I) Obtaining educational or vocational training that is approved by the Department;

             [(2)](II) Searching for or applying for employment; or

             [(3)](III) Performing essential job functions.

      [(b)](2) For any other purpose if a telecommunications device is required by an employer of the offender to perform essential job functions.

      [4.]5.  As used in this section, “telecommunications device” means a device, or an apparatus associated with a device, that can enable an offender to communicate with a person outside of the institution or facility at which the offender is incarcerated. The term includes, without limitation, a telephone, a cellular telephone, a personal digital assistant, a transmitting radio or a computer that is connected to a computer network, is capable of connecting to a computer network through the use of wireless technology or is otherwise capable of communicating with a person or device outside of the institution or facility.

      Sec. 3. NRS 212.165 is hereby amended to read as follows:

      212.165  1.  A person shall not, without lawful authorization, knowingly furnish, attempt to furnish, or aid or assist in furnishing or attempting to furnish to a prisoner confined in an institution or a facility of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device.

 


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telecommunications device. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      2.  A person shall not, without lawful authorization, carry into an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a misdemeanor.

      3.  A prisoner confined in an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  A prisoner confined in a jail or any other place where such prisoners are authorized to be or are assigned by the sheriff, chief of police or other officer responsible for the operation of the jail, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection and who is in lawful custody or confinement for a charge, conviction or sentence for:

      (a) A felony is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) A gross misdemeanor is guilty of a gross misdemeanor.

      (c) A misdemeanor is guilty of a misdemeanor.

      5.  A sentence imposed upon a prisoner pursuant to subsection 3 or 4:

      (a) Is not subject to suspension or the granting of probation; and

      (b) Must run consecutively after the prisoner has served any sentences imposed upon the prisoner for the offense or offenses for which the prisoner was in lawful custody or confinement when the prisoner violated the provisions of subsection 3 or 4.

      6.  A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been reduced to a charge for which the penalty is less than the penalty which was imposed upon the person pursuant to subsection 4, with the court of original jurisdiction requesting that the court, for good cause shown:

      (a) Order that his or her sentence imposed pursuant to subsection 4 be modified to a sentence equivalent to the penalty imposed for the underlying charge for which the person was convicted; and

      (b) Resentence him or her in accordance with the penalties prescribed for the underlying charge for which the person was convicted.

      7.  A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been declined for prosecution or dismissed, with the court of original jurisdiction requesting that the court, for good cause shown:

      (a) Order that his or her original sentence pursuant to subsection 4 be reduced to a misdemeanor; and

      (b) Resentence him or her in accordance with the penalties prescribed for a misdemeanor.

      8.  No person has a right to the modification of a sentence pursuant to subsection 6 or 7, and the granting or denial of a petition pursuant to subsection 6 or 7 does not establish a basis for any cause of action against this State, any political subdivision of this State or any agency, board, commission, department, officer, employee or agent of this State or a political subdivision of this State.

 


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this State, any political subdivision of this State or any agency, board, commission, department, officer, employee or agent of this State or a political subdivision of this State.

      9.  As used in this section:

      (a) “Facility” has the meaning ascribed to it in NRS 209.065.

      (b) “Institution” has the meaning ascribed to it in NRS 209.071.

      (c) “Jail” means a jail, branch county jail or other local detention facility.

      (d) “Telecommunications device” has the meaning ascribed to it in subsection [4] 5 of NRS 209.417.

      Sec. 4.  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.

________

CHAPTER 539, SB 344

Senate Bill No. 344–Senators Farley and Segerblom

 

CHAPTER 539

 

[Approved: June 12, 2017]

 

AN ACT relating to marijuana; revising standards for the labeling and packaging of marijuana for medical use; prohibiting the production of edible marijuana products or marijuana-infused products that are or appear to be lollipops or may appeal to children; establishing certain requirements for the production, packaging and labeling of products by a facility for the production of edible marijuana products or marijuana-infused products; prohibiting advertising by a medical marijuana establishment that would be appealing to children; requiring a medical marijuana dispensary to offer certain containers for sale and provide notification with each sale of marijuana; establishing similar provisions for recreational marijuana establishments with a delayed effective date; establishing limits on the quantity of marijuana for recreational use that may be sold in a single package; establishing certain restrictions on advertising by a recreational marijuana establishment; prohibiting regulation of certain matters relating to marijuana which is more restrictive than or conflicts with state law or regulation by a local government; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each medical marijuana dispensary and facility for the production of edible marijuana products or marijuana-infused products in this State to meet certain requirements for the packaging and labeling of such products. (NRS 453A.360) Section 1 of this bill requires each edible marijuana product or marijuana-infused product offered for sale to be labeled with the amount of servings of THC in the product and establishes certain other requirements for such products. Section 1 prohibits a facility for the production of edible marijuana products or marijuana-infused products from producing such a product in any form that is or appears to be a lollipop or may appeal to children.

 


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lollipop or may appeal to children. Section 1 requires a facility for the production of edible marijuana products or marijuana-infused products which produces cookies or brownies to seal such a product in a bag or other container which is not transparent and establishes certain other requirements for the production, packaging and labeling of an edible marijuana product or marijuana-infused product by such a facility. Section 1 prohibits a medical marijuana dispensary or facility for the production of edible marijuana products or marijuana-infused products from engaging in advertising that would make marijuana, edible marijuana products or marijuana-infused products appeal to children. Section 1 requires a medical marijuana dispensary to offer for sale containers for the storage of marijuana, edible marijuana products and marijuana-infused products which lock and are designed to prohibit children from unlocking and opening the container. Section 1 requires a medical marijuana dispensary to provide a written notification of certain information, including, to keep marijuana, edible marijuana products and marijuana-infused products out of the reach of children with each sale of marijuana or such products. Section 1 requires at least one employee of a facility for the production of edible marijuana products or marijuana-infused products or a medical marijuana dispensary which sells edible marijuana products to be certified to handle food in certain circumstances.

      Section 2 of this bill establishes similar requirements for recreational marijuana establishments at a future date. Additionally, section 2 requires each marijuana product to be sold in a single package and establishes limits on the amount of THC such products may contain per package and, if applicable, per unit. Section 2 also imposes certain requirements for and restrictions on advertising by a recreational marijuana establishment.

      Sections 3-8 of this bill prohibit a local government from regulating a marijuana establishment or medical marijuana establishment in a manner which is more restrictive than or conflicts with a law or regulation of 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. NRS 453A.360 is hereby amended to read as follows:

      453A.360  1.  Each medical marijuana dispensary and facility for the production of edible marijuana products or marijuana-infused products shall, in consultation with the Division, cooperate to ensure that all edible marijuana products and marijuana-infused products offered for sale:

      [1.](a) Are labeled clearly and unambiguously [as] :

             (1) As medical marijuana [.

      2.]with the words “THIS IS A MEDICAL MARIJUANA PRODUCT” in bold type; and

             (2) As required by NRS 453A.320 to 453A.370, inclusive, and any regulations adopted pursuant thereto.

      (b) Are not presented in packaging that [is appealing to children.

      3.] contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the facility for the production of edible marijuana products or marijuana-infused products which produced the product.

      (c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.

      [4.](d) Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.

 


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      (e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.

      (f) Are labeled in a manner which indicates the amount of THC in the product, measured in milligrams, and includes a statement that the product contains marijuana and its potency was tested with an allowable variance of the amount determined by the Division by regulation.

      (g) Are not labeled or marketed as candy.

      2.  A facility for the production of edible marijuana products or marijuana-infused products shall not produce edible marijuana products in any form that:

      (a) Is or appears to be a lollipop.

      (b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.

      (c) Is modeled after a brand of products primarily consumed by or marketed to children.

      (d) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola.

      3.  A facility for the production of edible marijuana products or marijuana-infused products shall:

      (a) Seal any edible marijuana product that consists of cookies or brownies in a bag or other container which is not transparent.

      (b) Affix a label to each edible marijuana product which includes without limitation, in a manner which must not mislead consumers, the following information:

             (1) The words “Keep out of reach of children”;

             (2) A list of all ingredients used in the edible marijuana product;

             (3) A list of all allergens in the edible marijuana product; and

             (4) The total weight of marijuana contained in the edible marijuana product or an equivalent measure of THC concentration.

      (c) Maintain a washing area with hot water, soap and a hand dryer or disposable towels which is located away from any area in which edible marijuana products are cooked or otherwise prepared.

      (d) Require each person who handles edible marijuana products to wear a hair net and clean clothing and keep his or her fingernails neatly trimmed.

      (e) Package all edible marijuana products or marijuana-infused products produced by the facility for the production of edible marijuana products or marijuana-infused products on the premises of the facility for the production of edible marijuana products or marijuana-infused products.

      4.  A medical marijuana dispensary or facility for the production of edible marijuana products or marijuana-infused products shall not engage in advertising that in any way makes marijuana, edible marijuana products or marijuana-infused products appeal to children, including without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.

      5.  Each medical marijuana dispensary shall offer for sale containers for the storage of marijuana, edible marijuana products and marijuana-infused products which lock and are designed to prohibit children from unlocking and opening the container.

 


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      6.  A medical marijuana dispensary shall:

      (a) Include a written notification with each sale of marijuana, edible marijuana products or marijuana-infused products which advises the purchaser:

             (1) To keep marijuana, edible marijuana products and marijuana-infused products out of the reach of children;

             (2) That edible marijuana products can cause severe illness in children;

             (3) That allowing children to ingest marijuana or edible marijuana products or storing marijuana or edible marijuana products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;

             (4) That the intoxicating effects of edible marijuana products may be delayed by 2 hours or more and users of edible marijuana products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;

             (5) That pregnant women should consult with a physician before ingesting marijuana or edible marijuana products;

             (6) That ingesting marijuana or edible marijuana products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;

             (7) That marijuana or edible marijuana products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of marijuana or edible marijuana products; and

             (8) That ingestion of any amount of marijuana or edible marijuana products before driving may result in criminal prosecution for driving under the influence.

      (b) Enclose all marijuana, edible marijuana products and marijuana-infused products in opaque, child-resistant packaging upon sale.

      7.  A medical marijuana dispensary shall allow any person who is at least 21 years of age to enter the premises of the medical marijuana dispensary, regardless of whether such a person holds a valid registry identification card or letter of approval.

      8.  If the health authority, as defined in NRS 446.050, where a facility for the production of edible marijuana products or marijuana-infused products or medical marijuana dispensary which sells edible marijuana products is located requires persons who handle food at a food establishment to obtain certification, the facility for the production of edible marijuana products or marijuana-infused products or medical marijuana dispensary shall ensure that at least one employee maintains such certification.

      Sec. 2. Chapter 453D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each retail marijuana store and marijuana product manufacturing facility shall, in consultation with the Department, cooperate to ensure that all marijuana products offered for sale:

      (a) Are labeled clearly and unambiguously:

             (1) As marijuana with the words “THIS IS A MARIJUANA PRODUCT” in bold type; and

 


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             (2) As required by this chapter and any regulations adopted pursuant thereto.

      (b) Are not presented in packaging that contains an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the marijuana product manufacturing facility which produced the product.

      (c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.

      (d) Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.

      (e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.

      (f) Are labeled in a manner which indicates the number of servings of THC in the product, measured in servings of a maximum of 10 milligrams per serving, and includes a statement that the product contains marijuana and its potency was tested with an allowable variance of the amount determined by the Department by regulation.

      (g) Are not labeled or marketed as candy.

      2.  A marijuana product must be sold in a single package. A single package must not contain:

      (a) For a marijuana product sold as a capsule, more than 100 milligrams of THC per capsule or more than 800 milligrams of THC per package.

      (b) For a marijuana product sold as a tincture, more than 800 milligrams of THC.

      (c) For a marijuana product sold as a food product, more than 100 milligrams of THC.

      (d) For a marijuana product sold as a topical product, a concentration of more than 6 percent THC or more than 800 milligrams of THC per package.

      (e) For a marijuana product sold as a suppository or transdermal patch, more than 100 milligrams of THC per suppository or transdermal patch or more than 800 milligrams of THC per package.

      (f) For any other marijuana product, more than 800 milligrams of THC.

      3.  A marijuana product manufacturing facility shall not produce marijuana products in any form that:

      (a) Is or appears to be a lollipop or ice cream.

      (b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.

      (c) Is modeled after a brand of products primarily consumed by or marketed to children.

      (d) Is made by applying concentrated marijuana to a commercially available candy or snack food item other than dried fruit, nuts or granola.

      4.  A marijuana product manufacturing facility shall:

      (a) Seal any marijuana product that consists of cookies or brownies in a bag or other container which is not transparent.

      (b) Affix a label to each marijuana product intended for human consumption by oral ingestion which includes, without limitation, in a manner which must not mislead consumers, the following information:

 


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             (1) The words “Keep out of reach of children”;

             (2) A list of all ingredients used in the marijuana product;

             (3) A list of all allergens in the marijuana product; and

             (4) The total weight of marijuana contained in the marijuana product or an equivalent measure of THC concentration.

      (c) Maintain a washing area with hot water, soap and a hand dryer or disposable towels which is located away from any area in which marijuana products intended for human consumption by oral ingestion are cooked or otherwise prepared.

      (d) Require each person who handles marijuana products intended for human consumption by oral ingestion to wear a hair net and clean clothing and keep his or her fingernails neatly trimmed.

      (e) Package all marijuana products produced by the marijuana product manufacturing facility on the premises of the marijuana product manufacturing facility.

      5.  A retail marijuana store or marijuana product manufacturing facility shall not engage in advertising that in any way makes marijuana or marijuana products appeal to children, including, without limitation, advertising which uses an image of a cartoon character, mascot, action figure, balloon, fruit or toy.

      6.  Each retail marijuana store shall offer for sale containers for the storage of marijuana and marijuana products which lock and are designed to prohibit children from unlocking and opening the container.

      7.  A retail marijuana store shall:

      (a) Include a written notification with each sale of marijuana or marijuana products which advises the purchaser:

             (1) To keep marijuana and marijuana products out of the reach of children;

             (2) That marijuana and marijuana products can cause severe illness in children;

             (3) That allowing children to ingest marijuana or marijuana products, or storing marijuana or marijuana products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;

             (4) That the intoxicating effects of marijuana products may be delayed by 2 hours or more and users of marijuana products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;

             (5) That pregnant women should consult with a physician before ingesting marijuana or marijuana products;

             (6) That ingesting marijuana or marijuana products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;

             (7) That marijuana or marijuana products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of marijuana or marijuana products; and

             (8) That ingestion of any amount of marijuana or marijuana products before driving may result in criminal prosecution for driving under the influence.

 


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      (b) Enclose all marijuana and marijuana products in opaque, child-resistant packaging upon sale.

      8.  If the health authority, as defined in NRS 446.050, where a marijuana product manufacturing facility or retail marijuana store which sells marijuana products intended for human consumption by oral ingestion is located requires persons who handle food at a food establishment to obtain certification, the marijuana product manufacturing facility or retail marijuana store shall ensure that at least one employee maintains such certification.

      9.  A marijuana establishment:

      (a) Shall not engage in advertising which contains any statement or illustration that:

             (1) Is false or misleading;

             (2) Promotes overconsumption of marijuana or marijuana products;

             (3) Depicts the actual consumption of marijuana or marijuana products; or

             (4) Depicts a child or other person who is less than 21 years of age consuming marijuana or marijuana products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of marijuana or marijuana products by a person who is less than 21 years of age.

      (b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.

      (c) Shall not place an advertisement:

             (1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;

             (2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation; or

             (3) At a sports or entertainment event to which persons who are less than 21 years of age are allowed entry.

      (d) Shall not advertise or offer any marijuana or marijuana product as “free” or “donated” without a purchase.

      (e) Shall ensure that all advertising by the marijuana establishment contains such warnings as may be prescribed by the Department, which must include, without limitation, the following words:

             (1) “Keep out of reach of children”; and

             (2) “For use only by adults 21 years of age and older.”

      10.  Nothing in subsection 9 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to marijuana which is more restrictive than the provisions of subsection 9 relating to:

      (a) The number, location and size of signs, including, without limitation, any signs carried or displayed by a natural person;

      (b) Handbills, pamphlets, cards or other types of advertisements that are distributed, excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media; and

 


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      (c) Any stationary or moving display that is located on or near the premises of a marijuana establishment.

      Sec. 3. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A board of county commissioners shall not enact or enforce any ordinance which is more restrictive than or conflicts with a law or regulation of this State relating to:

      (a) The packaging, labeling, testing, dosage or potency of marijuana, edible marijuana products, marijuana products or marijuana-infused products;

      (b) The kinds of marijuana, edible marijuana products, marijuana products and marijuana-infused products authorized to be sold pursuant to chapters 453A and 453D of NRS and any regulations adopted pursuant to chapter 453A of NRS;

      (c) The use of pesticides in the cultivation of marijuana;

      (d) The tracking of marijuana from seed to sale;

      (e) The transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products other than the direct transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products to a consumer and a requirement to notify the county of any transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products;

      (f) The issuance or verification of a registry identification card, letter of approval or written documentation;

      (g) The training or certification of medical marijuana establishment agents or employees of a marijuana establishment; or

      (h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of marijuana establishments or holders of a registry identification card or letter of approval.

      2.  As used in this section:

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

      (b) “Letter of approval” has the meaning ascribed to it in NRS 453A.109.

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

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

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

      (f) “Medical marijuana establishment” has the meaning ascribed to it in NRS 453A.116.

      (g) “Medical marijuana establishment agent” has the meaning ascribed to it in NRS 453A.117.

      (h) “Registry identification card” has the meaning ascribed to it in NRS 453A.140.

      (i) “Written documentation” has the meaning ascribed to it in NRS 453A.170.

      Sec. 4. NRS 244.335 is hereby amended to read as follows:

      244.335  1.  Except as otherwise provided in subsections 2, 3 and 4, and NRS 244.33501, a board of county commissioners may:

 


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      (a) Except as otherwise provided in NRS 244.331 to 244.3345, inclusive, 598D.150 and 640C.100, and section 3 of this act, regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in its county outside of the limits of incorporated cities and towns.

      (b) Except as otherwise provided in NRS 244.3359 and 576.128, fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.

      2.  The county license boards have the exclusive power in their respective counties to regulate entertainers employed by an entertainment by referral service and the business of conducting a dancing hall, escort service, entertainment by referral service or gambling game or device permitted by law, outside of an incorporated city. The county license boards may fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such employment and businesses.

      3.  A board of county commissioners shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      4.  The board of county commissioners or county license board shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his or her profession for any type of compensation as an employee.

      5.  The county license board shall provide upon request an application for a state business registration pursuant to chapter 76 of NRS. No license to engage in any type of business may be granted unless the applicant for the license:

      (a) Signs an affidavit affirming that the business has complied with the provisions of chapter 76 of NRS; or

      (b) Provides to the county license board the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

      6.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license:

      (a) Presents written evidence that:

             (1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

             (2) Another regulatory agency of the State has issued or will issue a license required for this activity; or

 


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      (b) Provides to the county license board the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the county may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

      7.  Any license tax levied for the purposes of NRS 244.3358 or 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:

      (a) By recording in the office of the county recorder, within 6 months after the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against the property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      8.  The board of county commissioners may delegate the authority to enforce liens from taxes levied for the purposes of NRS 244A.597 to 244A.655, inclusive, to the county fair and recreation board. If the authority is so delegated, the board of county commissioners shall revoke or suspend the license of a business upon certification by the county fair and recreation board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 239.0115 and 244.3357, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of such license taxes or as the result of any audit or examination of the books by any authorized employee of a county fair and recreation board of the county for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, officer or employee of the county fair and recreation board or the county imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation or Secretary of State for the exchange of information concerning taxpayers.

      Sec. 5. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of an incorporated city, whether organized under general law or special charter, shall not enact or enforce any ordinance which is more restrictive than or conflicts with a law or regulation of this State relating to:

      (a) The packaging, labeling, testing, dosage or potency of marijuana, edible marijuana products, marijuana products or marijuana-infused products;

 


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      (b) The kinds of marijuana, edible marijuana products, marijuana products and marijuana-infused products authorized to be sold pursuant to chapters 453A and 453D of NRS and any regulations adopted pursuant to chapter 453A of NRS;

      (c) The use of pesticides in the cultivation of marijuana;

      (d) The tracking of marijuana from seed to sale;

      (e) The transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products other than the direct transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products to a consumer and a requirement to notify the city of any transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products;

      (f) The issuance or verification of a registry identification card, letter of approval or written documentation;

      (g) The training or certification of medical marijuana establishment agents or employees of a marijuana establishment; or

      (h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of marijuana establishments or holders of a registry identification card or letter of approval.

      2.  As used in this section:

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

      (b) “Letter of approval” has the meaning ascribed to it in NRS 453A.109.

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

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

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

      (f) “Medical marijuana establishment” has the meaning ascribed to it in NRS 453A.116.

      (g) “Medical marijuana establishment agent” has the meaning ascribed to it in NRS 453A.117.

      (h) “Registry identification card” has the meaning ascribed to it in NRS 453A.140.

      (i) “Written documentation” has the meaning ascribed to it in NRS 453A.170.

      Sec. 6. NRS 268.095 is hereby amended to read as follows:

      268.095  1.  Except as otherwise provided in subsection 4 and NRS 268.0951, the city council or other governing body of each incorporated city in this State, whether organized under general law or special charter, may:

      (a) Except as otherwise provided in subsection 2 and NRS 268.0968 and 576.128, and section 5 of this act, fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.

      (b) Assign the proceeds of any one or more of such license taxes to the county within which the city is situated for the purpose or purposes of making the proceeds available to the county:

 


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             (1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (2) For redeeming any general obligation bonds issued pursuant to NRS 244A.597 to 244A.655, inclusive;

             (3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;

             (4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;

             (5) For improving, extending and bettering recreational facilities authorized by NRS 244A.597 to 244A.655, inclusive; and

             (6) For constructing, purchasing or otherwise acquiring such recreational facilities.

      (c) Pledge the proceeds of any tax imposed on the revenues from the rental of transient lodging pursuant to this section for the payment of any general or special obligations issued by the city for a purpose authorized by the laws of this State.

      (d) Use the proceeds of any tax imposed pursuant to this section on the revenues from the rental of transient lodging:

             (1) To pay the principal, interest or any other indebtedness on any general or special obligations issued by the city pursuant to the laws of this State;

             (2) For the expense of operating or maintaining, or both, any facilities of the city; and

             (3) For any other purpose for which other money of the city may be used.

      2.  The city council or other governing body of an incorporated city shall not require that a person who is licensed as a contractor pursuant to chapter 624 of NRS obtain more than one license to engage in the business of contracting or pay more than one license tax related to engaging in the business of contracting, regardless of the number of classifications or subclassifications of licensing for which the person is licensed pursuant to chapter 624 of NRS.

      3.  The proceeds of any tax imposed pursuant to this section that are pledged for the repayment of general obligations may be treated as “pledged revenues” for the purposes of NRS 350.020.

      4.  The city council or other governing body of an incorporated city shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060 or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his or her profession for any type of compensation as an employee.

      5.  The city licensing agency shall provide upon request an application for a state business registration pursuant to chapter 76 of NRS. No license to engage in any type of business may be granted unless the applicant for the license:

      (a) Signs an affidavit affirming that the business has complied with the provisions of chapter 76 of NRS; or

 


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      (b) Provides to the city licensing agency the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of chapter 76 of NRS.

      6.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license:

      (a) Presents written evidence that:

             (1) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

             (2) Another regulatory agency of the State has issued or will issue a license required for this activity; or

      (b) Provides to the city licensing agency the business identification number of the applicant assigned by the Secretary of State pursuant to NRS 225.082 which the city may use to validate that the applicant is currently in good standing with the State and has complied with the provisions of paragraph (a).

      7.  Any license tax levied under the provisions of this section constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien has the same priority as a lien for general taxes. The lien must be enforced:

      (a) By recording in the office of the county recorder, within 6 months following the date on which the tax became delinquent or was otherwise determined to be due and owing, a notice of the tax lien containing the following:

             (1) The amount of tax due and the appropriate year;

             (2) The name of the record owner of the property;

             (3) A description of the property sufficient for identification; and

             (4) A verification by the oath of any member of the board of county commissioners or the county fair and recreation board; and

      (b) By an action for foreclosure against such property in the same manner as an action for foreclosure of any other lien, commenced within 2 years after the date of recording of the notice of the tax lien, and accompanied by appropriate notice to other lienholders.

      8.  The city council or other governing body of each incorporated city may delegate the power and authority to enforce such liens to the county fair and recreation board. If the authority is so delegated, the governing body shall revoke or suspend the license of a business upon certification by the board that the license tax has become delinquent, and shall not reinstate the license until the tax is paid. Except as otherwise provided in NRS 239.0115 and 268.0966, all information concerning license taxes levied by an ordinance authorized by this section or other information concerning the business affairs or operation of any licensee obtained as a result of the payment of those license taxes or as the result of any audit or examination of the books of the city by any authorized employee of a county fair and recreation board for any license tax levied for the purpose of NRS 244A.597 to 244A.655, inclusive, is confidential and must not be disclosed by any member, official or employee of the county fair and recreation board or the city imposing the license tax unless the disclosure is authorized by the affirmative action of a majority of the members of the appropriate county fair and recreation board.

 


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and recreation board. Continuing disclosure may be so authorized under an agreement with the Department of Taxation or the Secretary of State for the exchange of information concerning taxpayers.

      9.  The powers conferred by this section are in addition and supplemental to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred by, any other law. No part of this section repeals or affects any other law or any part thereof, it being intended that this section provide a separate method of accomplishing its objectives, and not an exclusive one.

      Sec. 7. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The town board or board of county commissioners in any unincorporated town shall not enact or enforce any ordinance which is more restrictive than or conflicts with a law or regulation of this State relating to:

      (a) The packaging, labeling, testing, dosage or potency of marijuana, edible marijuana products, marijuana products or marijuana-infused products;

      (b) The kinds of marijuana, edible marijuana products, marijuana products and marijuana-infused products authorized to be sold pursuant to chapters 453A and 453D of NRS and any regulations adopted pursuant to chapter 453A of NRS;

      (c) The use of pesticides in the cultivation of marijuana;

      (d) The tracking of marijuana from seed to sale;

      (e) The transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products other than the direct transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products to a consumer and a requirement to notify the unincorporated town of any transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products;

      (f) The issuance or verification of a registry identification card, letter of approval or written documentation;

      (g) The training or certification of medical marijuana establishment agents or employees of a marijuana establishment; or

      (h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of marijuana establishments or holders of a registry identification card or letter of approval.

      2.  As used in this section:

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

      (b) “Letter of approval” has the meaning ascribed to it in NRS 453A.109.

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

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

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

      (f) “Medical marijuana establishment” has the meaning ascribed to it in NRS 453A.116.

 


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      (g) “Medical marijuana establishment agent” has the meaning ascribed to it in NRS 453A.117.

      (h) “Registry identification card” has the meaning ascribed to it in NRS 453A.140.

      (i) “Written documentation” has the meaning ascribed to it in NRS 453A.170.

      Sec. 8. NRS 269.170 is hereby amended to read as follows:

      269.170  1.  Except as otherwise provided in subsection 5 and NRS 576.128, 598D.150 and 640C.100, and section 7 of this act, the town board or board of county commissioners may, in any unincorporated town:

      (a) Fix and collect a license tax on, and regulate, having due regard to the amount of business done by each person so licensed, and all places of business and amusement so licensed, as follows:

             (1) Artisans, artists, assayers, auctioneers, bakers, banks and bankers, barbers, boilermakers, cellars and places where soft drinks are kept or sold, clothes cleaners, foundries, laundries, lumberyards, manufacturers of soap, soda, borax or glue, markets, newspaper publishers, pawnbrokers, funeral directors and wood and coal dealers.

             (2) Bootmakers, cobblers, dressmakers, milliners, shoemakers and tailors.

             (3) Boardinghouses, hotels, lodging houses, restaurants and refreshment saloons.

             (4) Barrooms, gaming, manufacturers of liquors and other beverages, and saloons.

             (5) Billiard tables, bowling alleys, caravans, circuses, concerts and other exhibitions, dance houses, melodeons, menageries, shooting galleries, skating rinks and theaters.

             (6) Corrals, hay yards, livery and sale stables and wagon yards.

             (7) Electric light companies, illuminating gas companies, power companies, telegraph companies, telephone companies and water companies.

             (8) Carts, drays, express companies, freight companies, job wagons, omnibuses and stages.

             (9) Brokers, commission merchants, factors, general agents, mercantile agents, merchants, traders and stockbrokers.

             (10) Drummers, hawkers, peddlers and solicitors.

             (11) Insurance agents, brokers, analysts, adjusters and managing general agents within the limitations and under the conditions prescribed in NRS 680B.020.

      (b) Fix and collect a license tax upon all professions, trades or business within the town not specified in paragraph (a).

      2.  No license to engage in business as a seller of tangible personal property may be granted unless the applicant for the license presents written evidence that:

      (a) The Department of Taxation has issued or will issue a permit for this activity, and this evidence clearly identifies the business by name; or

      (b) Another regulatory agency of the State has issued or will issue a license required for this activity.

 

 

 

 


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      3.  Any license tax levied for the purposes of NRS 244A.597 to 244A.655, inclusive, constitutes a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien must be enforced in the same manner as liens for ad valorem taxes on real and personal property. The town board or other governing body of the unincorporated town may delegate the power to enforce such liens to the county fair and recreation board.

      4.  The governing body or the county fair and recreation board may agree with the Department of Taxation for the continuing exchange of information concerning taxpayers.

      5.  The town board or board of county commissioners shall not require a person to obtain a license or pay a license tax on the sole basis that the person is a professional. As used in this subsection, “professional” means a person who:

      (a) Holds a license, certificate, registration, permit or similar type of authorization issued by a regulatory body as defined in NRS 622.060, or who is regulated pursuant to the Nevada Supreme Court Rules; and

      (b) Practices his or her profession for any type of compensation as an employee.

      Sec. 9.  1.  This section and sections 3 to 8, inclusive, of this act become effective on July 1, 2017.

      2.  Section 1 of this act becomes effective on October 1, 2017.

      3.  Section 2 of this act becomes effective on January 1, 2020.

________

CHAPTER 540, AB 422

Assembly Bill No. 422–Assemblyman Araujo

 

CHAPTER 540

 

[Approved: June 12, 2017]

 

AN ACT relating to marijuana; revising various provisions relating to the medical use of marijuana; transferring responsibility for the regulation of medical marijuana establishments from the Division of Public and Behavioral Health of the Department of Health and Human Services to the Department of Taxation; revising provisions relating to registry identification cards and letters of approval; revising provisions relating to the authorization of nonresidents to engage in the medical use of marijuana; prohibiting the Department of Taxation from requiring a medical marijuana dispensary to determine whether a person has exceeded the legal limits for possession of marijuana for medical use; revising provisions relating to medical marijuana establishment agents; prohibiting the use of a vending machine to dispense marijuana; requiring each marijuana establishment and medical marijuana establishment to submit to the Department of Taxation a report of information concerning the production and sale of marijuana; establishing limitations on the regulation and taxation of a marijuana establishment or medical marijuana establishment by a city, town or county; providing a penalty; and providing other matters properly relating thereto.

 


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ê2017 Statutes of Nevada, Page 3678 (Chapter 540, AB 422)ê

 

Legislative Counsel’s Digest:

      Existing law exempts a person who holds a valid registry identification card or letter of approval from state prosecution for the use, possession, delivery and production of marijuana. (NRS 453A.200, 453A.205) Existing law also exempts a person who holds a valid medical marijuana establishment registration certificate or medical marijuana establishment agent registration card from state prosecution for possession, delivery and production of marijuana and provides for the registration and regulation of such persons and establishments. (NRS 453A.200, 453A.320-453A.370) Sections 2, 8, 9, 11, 13-15, 27-42, 44-48, 51 and 66-68 of this bill transfer the responsibility for the regulation of medical marijuana establishments from the Division of Public and Behavioral Health of the Department of Health and Human Services to the Department of Taxation. Section 38 of this bill prohibits a medical marijuana establishment from dispensing or otherwise selling marijuana using a vending machine. Section 56.7 of this bill establishes a similar prohibition for recreational marijuana establishments after January 1, 2020.

      Existing law requires a person who wishes to engage in the medical use of marijuana to apply to the Division of Public and Behavioral Health of the Department of Health and Human Services for a registry identification card or letter of approval, as applicable, and grants the holder of such a card or letter an exemption from state prosecution for certain crimes relating to marijuana. (NRS 453A.200, 453A.205) Existing law requires such an application to be accompanied by valid, written documentation from the applicant’s attending physician. (NRS 453A.210) Section 19 of this bill instead requires the applicant’s attending provider of health care to: (1) maintain such written documentation and make such written documentation available to the Division upon request; and (2) sign the application to affirm that the requirements of such written documentation have been met. Section 20 of this bill provides that such written documentation may be valid for either 1 year or 2 years and that a registry identification card or letter of approval based on such written documentation is valid for the same period of time. Section 55 of this bill reduces the maximum fee that the Division may charge for issuing a registry identification card or letter of approval from $75 per year to $50 per year.

      Existing law requires a medical marijuana establishment that wishes to retain as a volunteer or employ or contract with a person to provide labor to the medical marijuana establishment to submit an application to register the person as a medical marijuana establishment agent. (NRS 453A.332) Section 31 of this bill allows such a person to submit an application for registration as a medical marijuana establishment agent on his or her own behalf. Section 31 also provides for the temporary registration of a person as a medical marijuana establishment agent upon submission of a complete application for registration or renewal of registration. Finally, section 31 allows an independent contractor or employee of an independent contractor who is registered as a medical marijuana establishment agent to provide labor to any medical marijuana establishment and any other person who is registered as a medical marijuana establishment agent to work or volunteer at any medical marijuana establishment for which the category of the person’s medical marijuana establishment agent card is valid.

      Existing law limits the exemption from state prosecution for the medical use of marijuana to the possession of not more than 2.5 ounces of usable marijuana in a 14-day period, 12 marijuana plants and a quantity of edible marijuana products and marijuana-infused products established by regulation. (NRS 453A.200) Existing law also prohibits a medical marijuana dispensary from selling marijuana in excess of these limits to a person. (NRS 453A.358) Section 41 of this bill instead: (1) prohibits a medical marijuana dispensary from selling more than 1 ounce of marijuana in a transaction; and (2) prohibits the Department of Taxation from requiring a medical marijuana dispensary to track the purchases of a person or determine whether a person has exceeded the legal limits for possession of marijuana for medical use. Section 41 further provides that only persons who are 21 years of age or more or hold a registry identification card or letter of approval are allowed to enter a medical marijuana dispensary.

 


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      Existing law allows a medical marijuana dispensary to recognize a nonresident card for the purpose of dispensing marijuana for medical use if the nonresident card meets certain requirements that make it the functional equivalent of a registry identification card. Existing law also requires, as of April 1, 2018, a nonresident card to be verified by the use of certain databases. (NRS 453A.364) Section 43 of this bill instead: (1) deems a nonresident who is authorized to engage in the medical use of marijuana under the laws of his or her state or jurisdiction of residence to be listed in the medical marijuana registry for the purpose of exemption from state prosecution, if the person abides by the legal limits on the possession, delivery and production of marijuana in this State; and (2) authorizes a medical marijuana dispensary to dispense marijuana to such a person if the person presents a document which is valid proof of exemption under the laws of the state or jurisdiction of which the person is a resident. Section 69 of this bill eliminates the prospective requirement to verify a nonresident authorization by the use of certain databases.

      Sections 65.6-65.85 of this bill limit the regulations and license taxes that a city, town or county may impose on a marijuana establishment or medical marijuana establishment.

      Section 65.95 of this bill requires each marijuana establishment and medical marijuana establishment to submit a report to the Department of Taxation that includes certain information concerning the production and sale of marijuana by the establishment.

 

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 453A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. “Department” means the Department of Taxation.

      Secs. 3-5.  (Deleted by amendment.)

      Sec. 6. NRS 453A.010 is hereby amended to read as follows:

      453A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 453A.020 to 453A.170, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 7. (Deleted by amendment.)

      Sec. 7.5.NRS 453A.030 is hereby amended to read as follows:

      453A.030  “Attending [physician”] provider of health care” means a [physician] provider of health care, as defined in NRS 629.031, who:

      1.  Is licensed or certified to practice [:

      (a) Medicine pursuant to the provisions of chapter 630 of NRS; or

      (b) Osteopathic medicine pursuant to the provisions of chapter 633 of NRS; and] a profession which authorizes the person to write a prescription for a medication to treat a chronic or debilitating medical condition; and

      2.  Has responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition.

      Sec. 8. NRS 453A.056 is hereby amended to read as follows:

      453A.056  “Cultivation facility” means a business that:

      1.  Is registered with the [Division] Department pursuant to NRS 453A.322; and

      2.  Acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells marijuana and related supplies to:

 


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      (a) Medical marijuana dispensaries;

      (b) Facilities for the production of edible marijuana products or marijuana-infused products; or

      (c) Other cultivation facilities.

      Sec. 8.5. NRS 453A.080 is hereby amended to read as follows:

      453A.080  1.  “Designated primary caregiver” means a person who:

      (a) Is 18 years of age or older;

      (b) Has significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition; and

      (c) Is designated as such in the manner required pursuant to NRS 453A.250.

      2.  The term does not include the attending [physician] provider of health care of a person diagnosed with a chronic or debilitating medical condition.

      Sec. 9. NRS 453A.102 is hereby amended to read as follows:

      453A.102  “Electronic verification system” means an electronic database that:

      1.  Keeps track of data in real time; and

      2.  Is accessible by the Division and the Department and by registered medical marijuana establishments.

      Sec. 10. (Deleted by amendment.)

      Sec. 11. NRS 453A.105 is hereby amended to read as follows:

      453A.105  “Facility for the production of edible marijuana products or marijuana-infused products” means a business that:

      1.  Is registered with the [Division] Department pursuant to NRS 453A.322; and

      2.  Acquires, possesses, manufactures, delivers, transfers, transports, supplies or sells edible marijuana products or marijuana-infused products to medical marijuana dispensaries.

      Sec. 12. (Deleted by amendment.)

      Sec. 13. NRS 453A.115 is hereby amended to read as follows:

      453A.115  “Medical marijuana dispensary” means a business that:

      1.  Is registered with the [Division] Department pursuant to NRS 453A.322; and

      2.  Acquires, possesses, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to the holder of a valid registry identification card [.] or to another medical marijuana dispensary.

      Sec. 14. NRS 453A.118 is hereby amended to read as follows:

      453A.118  “Medical marijuana establishment agent registration card” means a registration card that is issued by the [Division] Department pursuant to NRS 453A.332 to authorize a person to volunteer or work at a medical marijuana establishment.

      Sec. 15. NRS 453A.119 is hereby amended to read as follows:

      453A.119  “Medical marijuana establishment registration certificate” means a registration certificate that is issued by the [Division] Department pursuant to NRS 453A.322 to authorize the operation of a medical marijuana establishment.

      Secs. 16 and 17. (Deleted by amendment.)

      Sec. 17.5. NRS 453A.170 is hereby amended to read as follows:

      453A.170  “Written documentation” means:

 


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      1.  A statement signed by the attending [physician] provider of health care of a person diagnosed with a chronic or debilitating medical condition; or

      2.  Copies of the relevant medical records of a person diagnosed with a chronic or debilitating medical condition.

      Sec. 18. NRS 453A.200 is hereby amended to read as follows:

      453A.200  1.  Except as otherwise provided in this section and NRS 453A.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 453A.220 or 453A.250 is exempt from state prosecution for:

      (a) Possession, delivery or production of marijuana;

      (b) Possession or delivery of paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of marijuana;

      (d) Aiding and abetting another in the possession or delivery of paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.

      2.  In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of marijuana in accordance with the provisions of this chapter.

      3.  The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 453A.220 and the designated primary caregiver, if any, of such a person:

      (a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of a person’s chronic or debilitating medical condition; and

      (b) Do not, at any one time, collectively possess with another who is authorized to possess, deliver or produce more than:

             (1) Two and one-half ounces of usable marijuana in any one 14-day period;

             (2) Twelve marijuana plants, irrespective of whether the marijuana plants are mature or immature; and

             (3) A maximum allowable quantity of edible marijuana products and marijuana-infused products as established by regulation of the Division.

Ê The persons described in this subsection must ensure that the usable marijuana and marijuana plants described in this subsection are safeguarded in an enclosed, secure location.

      4.  If the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:

      (a) Are not exempt from state prosecution for possession, delivery or production of marijuana.

      (b) May establish an affirmative defense to charges of possession, delivery or production of marijuana, or any combination of those acts, in the manner set forth in NRS 453A.310.

 


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      5.  A person who holds a valid medical marijuana establishment registration certificate issued to the person pursuant to NRS 453A.322 or a valid medical marijuana establishment agent registration card issued to the person pursuant to NRS 453A.332, and who confines his or her activities to those authorized by NRS 453A.320 to 453A.370, inclusive, and the regulations adopted by the [Division] Department pursuant thereto, is exempt from state prosecution for:

      (a) Possession, delivery or production of marijuana;

      (b) Possession or delivery of paraphernalia;

      (c) Aiding and abetting another in the possession, delivery or production of marijuana;

      (d) Aiding and abetting another in the possession or delivery of paraphernalia;

      (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and

      (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of paraphernalia is an element.

      6.  Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical marijuana dispensary opens in the county of residence of a person who holds a registry identification card, including, without limitation, a designated primary caregiver, such a person is not authorized to cultivate, grow or produce marijuana. The provisions of this subsection do not apply if:

      (a) The person who holds the registry identification card was cultivating, growing or producing marijuana in accordance with this chapter on or before July 1, 2013;

      (b) All the medical marijuana dispensaries in the county of residence of the person who holds the registry identification card close or are unable to supply the quantity or strain of marijuana necessary for the medical use of the person to treat his or her specific medical condition;

      (c) Because of illness or lack of transportation, the person who holds the registry identification card is unable reasonably to travel to a medical marijuana dispensary; or

      (d) No medical marijuana dispensary was operating within 25 miles of the residence of the person who holds the registry identification card at the time the person first applied for his or her registry identification card.

      7.  As used in this section, “marijuana” includes, without limitation, edible marijuana products and marijuana-infused products.

      Sec. 19. NRS 453A.210 is hereby amended to read as follows:

      453A.210  1.  The Division shall establish and maintain a program for the issuance of registry identification cards and letters of approval to persons who meet the requirements of this section.

      2.  Except as otherwise provided in subsections 3 and 5 and NRS 453A.225, the Division or its designee shall issue a registry identification card to a person who is a resident of this State and who submits an application on a form prescribed by the Division accompanied by the following:

      (a) [Valid, written documentation] A signature from the person’s attending [physician stating] provider of health care affirming that:

             (1) The person has been diagnosed with a chronic or debilitating medical condition;

 


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             (2) The medical use of marijuana may mitigate the symptoms or effects of that condition; [and]

             (3) The attending [physician] provider of health care has explained the possible risks and benefits of the medical use of marijuana; and

             (4) The attending provider of health care will keep, in the files maintained by the attending provider of health care for the person, valid, written documentation and make such written documentation available to the Division upon request;

      (b) The name, address, telephone [number, social security] number and date of birth of the person;

      (c) Proof satisfactory to the Division that the person is a resident of this State;

      (d) The name, address and telephone number of the person’s attending [physician;] provider of health care;

      (e) If the person elects to designate a primary caregiver at the time of application:

             (1) The name, address [,] and telephone number [and social security number] of the designated primary caregiver; and

             (2) A [written, signed statement] signature from the person’s attending [physician in which] provider of health care affirming that the attending [physician] provider of health care approves of the designation of the primary caregiver; and

      (f) If the person elects to designate a medical marijuana dispensary at the time of application, the name of the medical marijuana dispensary.

      3.  The Division or its designee shall issue a registry identification card to a person who is at least 10 years of age but less than 18 years of age or a letter of approval to a person who is less than 10 years of age if:

      (a) The person submits the materials required pursuant to subsection 2; and

      (b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:

             (1) The attending [physician] provider of health care of the person under 18 years of age is a physician licensed pursuant to chapter 630 or 633 of NRS and has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;

             (2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;

             (3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and

             (4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.

      4.  [The form prescribed by the Division to be used by a person applying for a registry identification card or letter of approval pursuant to this section must be a form that is in quintuplicate.] Upon receipt of an application that is completed and submitted pursuant to this section, the Division shall:

 


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      (a) Record on the application the date on which it was received;

      (b) Retain one copy of the application for the records of the Division; and

      (c) Distribute [the other four] copies of the application in the following manner:

             (1) One copy to the person who submitted the application;

             (2) One copy to the applicant’s designated primary caregiver, if any; and

             (3) [One copy to the Central Repository for Nevada Records of Criminal History; and

             (4)] One copy to [:

                   (I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners; or

                   (II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.] the professional licensing board that has issued a license or certification to the attending provider of health care.

Ê [The Central Repository for Nevada Records of Criminal History shall report to the Division its findings as to the criminal history, if any, of an applicant within 15 days after receiving a copy of an application pursuant to subparagraph (3) of paragraph (c).] The [Board of Medical Examiners or the State Board of Osteopathic Medicine, as] applicable [,] professional licensing board shall report to the Division its findings as to the licensure or certification, as applicable, and standing of the applicant’s attending [physician] provider of health care within 15 days after receiving a copy of an application pursuant to subparagraph [(4)] (3) of paragraph (c).

      5.  The Division shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within [30 days after receiving the application.] the period of time specified by the Division by regulation. The Division may contact an applicant, the applicant’s attending [physician] provider of health care and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Division may deny an application only on the following grounds:

      (a) The applicant failed to provide the information required pursuant to subsections 2 and 3 ; [to:

             (1) Establish the applicant’s chronic or debilitating medical condition; or

             (2) Document the applicant’s consultation with an attending physician regarding the medical use of marijuana in connection with that condition;]

      (b) The applicant failed to comply with regulations adopted by the Division, including, without limitation, the regulations adopted by the Administrator of the Division pursuant to NRS 453A.740;

      (c) The Division determines that the information provided by the applicant was falsified;

      (d) The Division determines that the attending [physician] provider of health care of the applicant is not licensed [to practice medicine or osteopathic medicine] or certified in this State or is not in good standing, as reported by the [Board of Medical Examiners or the State Board of Osteopathic Medicine, as] applicable [;] professional licensing board;

 


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reported by the [Board of Medical Examiners or the State Board of Osteopathic Medicine, as] applicable [;] professional licensing board;

      (e) [The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;

      (f)] The Division has prohibited the applicant from obtaining or using a registry identification card or letter of approval pursuant to subsection 2 of NRS 453A.300;

      [(g)] (f) The Division determines that the applicant, or the applicant’s designated primary caregiver, if applicable, has had a registry identification card or letter of approval revoked pursuant to NRS 453A.225; or

      [(h)](g) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.

      6.  The decision of the Division to deny an application for a registry identification card or letter of approval is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Division. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.

      7.  A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.

      8.  Except as otherwise provided in this subsection, if a person has applied for a registry identification card or letter of approval pursuant to this section and the Division has not yet approved or denied the application, the person, and the person’s designated primary caregiver, if any, shall be deemed to hold a registry identification card or letter of approval [upon the presentation to a law enforcement officer of the] and may present a copy of the application provided to him or her pursuant to subsection 4 [.] as proof that the person is deemed to hold a registry identification card to any person, including, without limitation, a law enforcement officer or a medical marijuana establishment agent at a medical marijuana dispensary.

      9.  An attending provider of health care who signs an application pursuant to subsection 2 for a patient shall maintain valid, written documentation in the file the attending provider of health care maintains for the patient and make such written documentation available to the Division upon request.

      10.  As used in this section, “resident” has the meaning ascribed to it in NRS 483.141.

      Sec. 20. NRS 453A.220 is hereby amended to read as follows:

      453A.220  1.  If the Division approves an application pursuant to subsection 5 of NRS 453A.210, the Division or its designee shall, as soon as practicable after the Division approves the application:

      (a) Issue a letter of approval or serially numbered registry identification card, as applicable, to the applicant; and

 


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      (b) If the applicant has designated a primary caregiver, issue a serially numbered registry identification card to the designated primary caregiver.

      2.  A registry identification card issued pursuant to paragraph (a) of subsection 1 must set forth:

      (a) The name, address, photograph and date of birth of the applicant;

      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant’s designated primary caregiver, if any;

      (d) The name of the applicant’s designated medical marijuana dispensary, if any;

      (e) Whether the applicant is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200; and

      (f) Any other information prescribed by regulation of the Division.

      3.  A letter of approval issued pursuant to paragraph (a) of subsection 1 must set forth:

      (a) The name, address and date of birth of the applicant;

      (b) The date of issuance and date of expiration of the registry identification card of the designated primary caregiver;

      (c) The name and address of the applicant’s designated primary caregiver;

      (d) The name of the applicant’s designated medical marijuana dispensary, if any; and

      (e) Any other information prescribed by regulation of the Division.

      4.  A registry identification card issued pursuant to paragraph (b) of subsection 1 must set forth:

      (a) The name, address and photograph of the designated primary caregiver;

      (b) The date of issuance and date of expiration of the registry identification card;

      (c) The name and address of the applicant for whom the person is the designated primary caregiver;

      (d) The name of the designated primary caregiver’s designated medical marijuana dispensary, if any;

      (e) Whether the designated primary caregiver is authorized to cultivate, grow or produce marijuana pursuant to subsection 6 of NRS 453A.200; and

      (f) Any other information prescribed by regulation of the Division.

      5.  Except as otherwise provided in NRS 453A.225, subsection 3 of NRS 453A.230 and subsection 2 of NRS 453A.300, a registry identification card or letter of approval issued pursuant to this section is valid for a period of either 1 year or 2 years, as specified by the attending provider of health care on the application for the issuance or renewal of the registry identification card or letter of approval, and may be renewed in accordance with regulations adopted by the Division.

      Sec. 21. NRS 453A.225 is hereby amended to read as follows:

      453A.225  1.  If, at any time after the Division or its designee has issued a registry identification card or letter of approval to a person pursuant to paragraph (a) of subsection 1 of NRS 453A.220, the Division determines, on the basis of official documents or records or other credible evidence, that the person [:

 


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      (a) Provided] provided falsified information on his or her application to the Division or its designee, as described in paragraph (c) of subsection 5 of NRS 453A.210 , [; or

      (b) Has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210,

Ê] the Division shall immediately revoke the registry identification card or letter of approval issued to that person and shall immediately revoke the registry identification card issued to that person’s designated primary caregiver, if any.

      2.  [If, at any time after the Division or its designee has issued a registry identification card to a person pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250, the Division determines, on the basis of official documents or records or other credible evidence, that the person has been convicted of knowingly or intentionally selling a controlled substance, as described in paragraph (e) of subsection 5 of NRS 453A.210, the Division shall immediately revoke the registry identification card issued to that person.

      3.] Upon the revocation of a registry identification card or letter of approval pursuant to this section:

      (a) The Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card or letter of approval has been revoked, advising the person of the requirements of paragraph (b); and

      (b) The person shall return his or her registry identification card or letter of approval to the Division within 7 days after receiving the notice sent pursuant to paragraph (a).

      [4.]3.  The decision of the Division to revoke a registry identification card or letter of approval pursuant to this section is a final decision for the purposes of judicial review.

      [5.]4.  A person whose registry identification card or letter of approval has been revoked pursuant to this section may not reapply for a registry identification card or letter of approval pursuant to NRS 453A.210 for 12 months after the date of the revocation, unless the Division or a court of competent jurisdiction authorizes reapplication in a shorter time.

      Sec. 22. NRS 453A.230 is hereby amended to read as follows:

      453A.230  1.  A person to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 453A.220 shall, in accordance with regulations adopted by the Division:

      (a) Notify the Division of any change in the person’s name, address, telephone number, designated medical marijuana dispensary, attending [physician] provider of health care or designated primary caregiver, if any; and

      (b) Submit [annually] to the Division, on a form prescribed by the Division:

             (1) [Updated written documentation] On or before the date specified by the attending provider of health care on the application for the issuance or renewal of the registry identification card or letter of approval pursuant to subsection 5 of NRS 453A.220, a signature from the person’s attending [physician in which the attending physician sets forth] provider of health care affirming that:

 


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                   (I) The person continues to suffer from a chronic or debilitating medical condition;

                   (II) The medical use of marijuana may mitigate the symptoms or effects of that condition; and

                   (III) The attending [physician] provider of health care has explained to the person the possible risks and benefits of the medical use of marijuana; and

             (2) If the person elects to designate a primary caregiver for the subsequent year and the primary caregiver so designated was not the person’s designated primary caregiver during the previous year:

                   (I) The name, address [,] and telephone number [and social security number] of the designated primary caregiver; and

                   (II) A [written, signed statement] signature from the person’s attending [physician in which] provider of health care affirming that the attending [physician] provider of health care approves of the designation of the primary caregiver.

      2.  A person to whom the Division or its designee has issued a registry identification card pursuant to paragraph (b) of subsection 1 of NRS 453A.220 or pursuant to NRS 453A.250 shall, in accordance with regulations adopted by the Division, notify the Division of any change in the person’s name, address, telephone number, designated medical marijuana dispensary or the identity of the person for whom he or she acts as designated primary caregiver.

      3.  If a person fails to comply with the provisions of subsection 1 or 2, the registry identification card or letter of approval issued to the person shall be deemed expired. If the registry identification card or letter of approval of a person to whom the Division or its designee issued the card or letter pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is deemed expired pursuant to this subsection, a registry identification card issued to the person’s designated primary caregiver, if any, shall also be deemed expired. Upon the deemed expiration of a registry identification card or letter of approval pursuant to this subsection:

      (a) The Division shall send, by certified mail, return receipt requested, notice to the person whose registry identification card or letter of approval has been deemed expired, advising the person of the requirements of paragraph (b); and

      (b) The person shall return his or her registry identification card or letter of approval to the Division within 7 days after receiving the notice sent pursuant to paragraph (a).

      Sec. 23. (Deleted by amendment.)

      Sec. 23.5. NRS 453A.240 is hereby amended to read as follows:

      453A.240  If a person to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 453A.220 is diagnosed by the person’s attending [physician] provider of health care as no longer having a chronic or debilitating medical condition, the person shall return his or her registry identification card or letter of approval and his or her designated primary caregiver, if any, shall return his or her registry identification card to the Division within 7 days after notification of the diagnosis.

      Sec. 24. NRS 453A.250 is hereby amended to read as follows:

      453A.250  1.  If a person who applies to the Division for a registry identification card or letter of approval or to whom the Division or its designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires or is required to designate a primary caregiver, the person must:

 


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designee has issued a registry identification card or letter of approval pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires or is required to designate a primary caregiver, the person must:

      (a) To designate a primary caregiver at the time of application, submit to the Division , on a form prescribed by the Division, the information required pursuant to paragraph (e) of subsection 2 of NRS 453A.210; or

      (b) To designate a primary caregiver after the Division or its designee has issued a registry identification card or letter of approval to the person, submit to the Division , on a form prescribed by the Division, the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.

      2.  A person may have only one designated primary caregiver at any one time.

      3.  If a person designates a primary caregiver after the time that the person initially applies for a registry identification card or letter of approval, the Division or its designee shall, except as otherwise provided in subsection 5 of NRS 453A.210, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.

      4.  A person who is the parent or legal guardian of one or more children who are listed in the medical marijuana registry may be the designated primary caregiver for each such child regardless of whether the person is also listed in the medical marijuana registry as a patient.

      Secs. 25 and 26. (Deleted by amendment.)

      Sec. 26.5. NRS 453A.310 is hereby amended to read as follows:

      453A.310  1.  Except as otherwise provided in this section and NRS 453A.300, it is an affirmative defense to a criminal charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that the person charged with the offense:

      (a) Is a person who:

             (1) Has been diagnosed with a chronic or debilitating medical condition within the 12-month period preceding his or her arrest and has been advised by his or her attending [physician] provider of health care that the medical use of marijuana may mitigate the symptoms or effects of that chronic or debilitating medical condition;

             (2) Is engaged in the medical use of marijuana; and

             (3) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person’s attending [physician] provider of health care to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; or

      (b) Is a person who:

             (1) Is assisting a person described in paragraph (a) in the medical use of marijuana; and

             (2) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person’s attending [physician] provider of health care to mitigate the symptoms or effects of the assisted person’s chronic or debilitating medical condition.

 


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      2.  A person need not hold a registry identification card or letter of approval issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defense described in this section.

      3.  Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use of marijuana is not precluded from:

      (a) Asserting a defense of medical necessity; or

      (b) Presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition,

Ê if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply substantially with the provisions of this chapter.

      4.  A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of the defendant’s intent to claim the affirmative defense. The written notice must:

      (a) State specifically why the defendant believes he or she is entitled to assert the affirmative defense; and

      (b) Set forth the factual basis for the affirmative defense.

Ê A defendant who fails to provide notice of his or her intent to claim an affirmative defense as required pursuant to this subsection may not assert the affirmative defense at trial unless the court, for good cause shown, orders otherwise.

      Sec. 27. NRS 453A.322 is hereby amended to read as follows:

      453A.322  1.  Each medical marijuana establishment must register with the [Division.] Department.

      2.  A person who wishes to operate a medical marijuana establishment must submit to the [Division] Department an application on a form prescribed by the [Division.] Department.

      3.  Except as otherwise provided in NRS 453A.324, 453A.326, 453A.328 and 453A.340, not later than 90 days after receiving an application to operate a medical marijuana establishment, the [Division] Department shall register the medical marijuana establishment and issue a medical marijuana establishment registration certificate and a random 20-digit alphanumeric identification number if:

      (a) The person who wishes to operate the proposed medical marijuana establishment has submitted to the [Division] Department all of the following:

             (1) The application fee, as set forth in NRS 453A.344;

             (2) An application, which must include:

                   (I) The legal name of the proposed medical marijuana establishment;

                   (II) The physical address where the proposed medical marijuana establishment will be located and the physical address of any co-owned additional or otherwise associated medical marijuana establishments, the locations of which may not be within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed medical marijuana establishment was submitted to the [Division,] Department, or within 300 feet of a community facility that existed on the date on which the application for the proposed medical marijuana establishment was submitted to the [Division;] Department;

 


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to the [Division,] Department, or within 300 feet of a community facility that existed on the date on which the application for the proposed medical marijuana establishment was submitted to the [Division;] Department;

                   (III) Evidence that the applicant controls not less than $250,000 in liquid assets to cover the initial expenses of opening the proposed medical marijuana establishment and complying with the provisions of NRS 453A.320 to 453A.370, inclusive;

                   (IV) Evidence that the applicant owns the property on which the proposed medical marijuana establishment will be located or has the written permission of the property owner to operate the proposed medical marijuana establishment on that property;

                   (V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed medical marijuana establishment, a complete set of the person’s fingerprints and written permission of the person authorizing the [Division] Department 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;

                   (VI) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of the proposed medical marijuana establishment; and

                   (VII) The name, address and date of birth of each person who is proposed to be employed by or otherwise provide labor at the proposed medical marijuana establishment as a medical marijuana establishment agent;

             (3) Operating procedures consistent with rules of the [Division] Department for oversight of the proposed medical marijuana establishment, including, without limitation:

                   (I) Procedures to ensure the use of adequate security measures; and

                   (II) The use of an electronic verification system and an inventory control system, pursuant to NRS 453A.354 and 453A.356;

             (4) If the proposed medical marijuana establishment will sell or deliver edible marijuana products or marijuana-infused products, proposed operating procedures for handling such products which must be preapproved by the [Division;] Department;

             (5) If the city, town or county in which the proposed medical marijuana establishment will be located has enacted zoning restrictions, proof of licensure with the applicable local governmental authority or a letter from the applicable local governmental authority certifying that the proposed medical marijuana establishment is in compliance with those restrictions and satisfies all applicable building requirements; and

             (6) Such other information as the [Division] Department may require by regulation;

      (b) None of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment have been convicted of an excluded felony offense;

      (c) None of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment have:

             (1) Served as an owner, officer or board member for a medical marijuana establishment that has had its medical marijuana establishment registration certificate revoked; or

 


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ê2017 Statutes of Nevada, Page 3692 (Chapter 540, AB 422)ê

 

             (2) Previously had a medical marijuana establishment agent registration card revoked; and

      (d) None of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment are under 21 years of age.

      4.  For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed medical marijuana establishment, the [Division] Department shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.

      5.  Except as otherwise provided in subsection 6, if an application for registration as a medical marijuana establishment satisfies the requirements of this section and the establishment is not disqualified from being registered as a medical marijuana establishment pursuant to this section or other applicable law, the [Division] Department shall issue to the establishment a medical marijuana establishment registration certificate. A medical marijuana establishment registration certificate expires 1 year after the date of issuance and may be renewed upon:

      (a) Resubmission of the information set forth in this section [; and] , except that the fingerprints of each person who is an owner, officer or board member of a medical marijuana establishment required to be submitted pursuant to subsection 4 must only be submitted:

             (1) If such a person holds 5 percent or less of the ownership interest in any one medical marijuana establishment or an ownership interest in more than one medical marijuana establishment of the same kind that, when added together, equals 5 percent or less, once in any 5-year period; and

             (2) If such a person holds more than 5 percent of the ownership interest in any one medical marijuana establishment or an ownership interest in more than one medical marijuana establishment of the same kind that, when added together, equals more than 5 percent, or is an officer or board member of a medical marijuana establishment, once in any 3-year period;

      (b) Payment of the renewal fee set forth in NRS 453A.344 [.] ; and

      (c) If the medical marijuana establishment is an independent testing laboratory, submission of proof that the independent testing laboratory is accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization.

      6.  In determining whether to issue a medical marijuana establishment registration certificate pursuant to this section, the [Division] Department shall consider the criteria of merit set forth in NRS 453A.328.

      7.  The Department:

      (a) Shall not require an applicant for registration as a medical marijuana establishment or for the renewal of a medical marijuana establishment registration certificate to submit a financial statement with the application for registration or renewal; and

      (b) May require a medical marijuana establishment to submit a financial statement as determined to be necessary by the Department to ensure the collection of any taxes which may be owed by the medical marijuana establishment.

      8.  As used in this section, “community facility” means:

 


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ê2017 Statutes of Nevada, Page 3693 (Chapter 540, AB 422)ê

 

      (a) A facility that provides day care to children.

      (b) A public park.

      (c) A playground.

      (d) A public swimming pool.

      (e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.

      (f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.

      Sec. 28. NRS 453A.324 is hereby amended to read as follows:

      453A.324  1.  Except as otherwise provided in this section and NRS 453A.326, the [Division] Department shall issue medical marijuana establishment registration certificates for medical marijuana dispensaries in the following quantities for applicants who qualify pursuant to NRS 453A.322:

      (a) In a county whose population is 700,000 or more, 40 certificates;

      (b) In a county whose population is 100,000 or more but less than 700,000, ten certificates;

      (c) In a county whose population is 55,000 or more but less than 100,000, two certificates; and

      (d) In each other county, one certificate.

      2.  Notwithstanding the provisions of subsection 1, the [Division:] Department:

      (a) Shall not issue medical marijuana establishment registration certificates for medical marijuana dispensaries in such a quantity as to cause the existence within the applicable county of more than one medical marijuana dispensary for every ten pharmacies that have been licensed in the county pursuant to chapter 639 of NRS. The [Division] Department may issue medical marijuana establishment registration certificates for medical marijuana dispensaries in excess of the ratio otherwise allowed pursuant to this paragraph if to do so is necessary to ensure that the [Division] Department issues at least one medical marijuana establishment registration certificate in each county of this State in which the [Division] Department has approved an application for such an establishment to operate.

      (b) Shall, for any county for which no applicants qualify pursuant to NRS 453A.322, within 2 months after the end of the period during which the [Division] Department accepts applications pursuant to subsection 4, reallocate the certificates provided for that county pursuant to subsection 1 to the other counties specified in subsection 1 in the same proportion as provided in subsection 1.

      3.  With respect to medical marijuana establishments that are not medical marijuana dispensaries, the [Division] Department shall determine the appropriate number of such establishments as are necessary to serve and supply the medical marijuana dispensaries to which the [Division] Department has granted medical marijuana establishment registration certificates.

      4.  The [Division] Department shall not, for more than a total of 10 business days in any 1 calendar year, accept applications to operate medical marijuana establishments.

      Sec. 29. NRS 453A.326 is hereby amended to read as follows:

      453A.326  1.  Except as otherwise provided in this subsection, in a county whose population is 100,000 or more, the [Division] Department shall ensure that not more than 25 percent of the total number of medical marijuana dispensaries that may be certified in the county, as set forth in NRS 453A.324, are located in any one local governmental jurisdiction within the county.

 


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ê2017 Statutes of Nevada, Page 3694 (Chapter 540, AB 422)ê

 

marijuana dispensaries that may be certified in the county, as set forth in NRS 453A.324, are located in any one local governmental jurisdiction within the county. The board of county commissioners of the county may increase the percentage described in this subsection if it determines that to do so is necessary to ensure that the more populous areas of the county have access to sufficient distribution of marijuana for medical use.

      2.  To prevent monopolistic practices, the [Division] Department shall ensure, in a county whose population is 100,000 or more, that it does not issue, to any one person, group of persons or entity, the greater of:

      (a) One medical marijuana establishment registration certificate; or

      (b) More than 10 percent of the medical marijuana establishment registration certificates otherwise allocable in the county.

      3.  In a local governmental jurisdiction that issues business licenses, the issuance by the [Division] Department of a medical marijuana establishment registration certificate shall be deemed to be provisional until such time as:

      (a) The establishment is in compliance with all applicable local governmental ordinances or rules; and

      (b) The local government has issued a business license for the operation of the establishment.

      4.  As used in this section, “local governmental jurisdiction” means a city, town, township or unincorporated area within a county.

      Sec. 30. NRS 453A.328 is hereby amended to read as follows:

      453A.328  In determining whether to issue a medical marijuana establishment registration certificate pursuant to NRS 453A.322, the [Division] Department shall, in addition to the factors set forth in that section, consider the following criteria of merit:

      1.  The total financial resources of the applicant, both liquid and illiquid;

      2.  The previous experience of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment at operating other businesses or nonprofit organizations;

      3.  The educational achievements of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment;

      4.  Any demonstrated knowledge or expertise on the part of the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment with respect to the compassionate use of marijuana to treat medical conditions;

      5.  Whether the proposed location of the proposed medical marijuana establishment would be convenient to serve the needs of persons who are authorized to engage in the medical use of marijuana;

      6.  The likely impact of the proposed medical marijuana establishment on the community in which it is proposed to be located;

      7.  The adequacy of the size of the proposed medical marijuana establishment to serve the needs of persons who are authorized to engage in the medical use of marijuana;

      8.  Whether the applicant has an integrated plan for the care, quality and safekeeping of medical marijuana from seed to sale;

      9.  The amount of taxes paid to, or other beneficial financial contributions made to, the State of Nevada or its political subdivisions by the applicant or the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment; [and]

 


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ê2017 Statutes of Nevada, Page 3695 (Chapter 540, AB 422)ê

 

      10.  The diversity on the basis of race, ethnicity or gender of the applicant or the persons who are proposed to be owners, officers or board members of the proposed medical marijuana establishment; and

      11.  Any other criteria of merit that the [Division] Department determines to be relevant.

      Sec. 31. NRS 453A.332 is hereby amended to read as follows:

      453A.332  1.  Except as otherwise provided in this section, a person shall not volunteer or work at, contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment as a medical marijuana establishment agent unless the person is registered with the [Division] Department pursuant to this section.

      2.  A person who wishes to volunteer or work at a medical marijuana establishment, or a medical marijuana establishment that wishes to retain as a volunteer or employ [a medical marijuana establishment agent] such a person, shall submit to the [Division] Department an application on a form prescribed by the [Division.] Department. The application must be accompanied by:

      (a) The name, address and date of birth of the prospective medical marijuana establishment agent;

      (b) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;

      (c) A statement signed by the prospective medical marijuana establishment agent asserting that he or she has not previously had a medical marijuana establishment agent registration card revoked;

      (d) A complete set of the fingerprints and written permission of the prospective medical marijuana establishment agent authorizing the [Division] Department 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;

      (e) The application fee, as set forth in NRS 453A.344; and

      (f) Such other information as the [Division] Department may require by regulation.

      3.  A person who wishes to contract to provide labor to or be employed by an independent contractor to provide labor to a medical marijuana establishment, or a medical marijuana establishment that wishes to contract with [an independent contractor to provide labor as a medical marijuana establishment agent] such a person, shall submit to the [Division] Department an application on a form prescribed by the [Division] Department for the registration of the independent contractor and each employee of the independent contractor who will provide labor as a medical marijuana establishment agent. The application must be accompanied by:

      (a) The name, address and, if the prospective medical marijuana establishment agent has a state business registration, the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS;

      (b) The name, address and date of birth of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent;

      (c) A statement signed by the prospective medical marijuana establishment agent pledging not to dispense or otherwise divert marijuana to, or allow any of its employees to dispense or otherwise divert marijuana to, any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;

 


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ê2017 Statutes of Nevada, Page 3696 (Chapter 540, AB 422)ê

 

to, or allow any of its employees to dispense or otherwise divert marijuana to, any person who is not authorized to possess marijuana in accordance with the provisions of this chapter;

      (d) A statement signed by the prospective medical marijuana establishment agent asserting that it has not previously had a medical marijuana establishment agent registration card revoked and that none of its employees who will provide labor as a medical marijuana establishment agent have previously had a medical marijuana establishment agent registration card revoked;

      (e) A complete set of the fingerprints of each employee of the prospective medical marijuana establishment agent who will provide labor as a medical marijuana establishment agent and written permission of the prospective medical marijuana establishment agent and each employee of the prospective medical marijuana establishment agent authorizing the [Division] Department 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;

      (f) The application fee, as set forth in NRS 453A.344; and

      (g) Such other information as the [Division] Department may require by regulation.

      4.  A medical marijuana establishment shall notify the [Division] Department within 10 days after a medical marijuana establishment agent ceases to be employed by, volunteer at or provide labor as a medical marijuana establishment agent to the medical marijuana establishment.

      5.  A person who:

      (a) Has been convicted of an excluded felony offense; or

      (b) Is less than 21 years of age,

Ê shall not serve as a medical marijuana establishment agent.

      6.  The [Division] Department shall submit the fingerprints of an applicant for registration as a medical marijuana establishment agent to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

      7.  The provisions of this section do not require a person who is an owner, officer or board member of a medical marijuana establishment to resubmit information already furnished to the [Division] Department at the time the establishment was registered with the [Division.] Department.

      8.  If an applicant for registration as a medical marijuana establishment agent satisfies the requirements of this section and is not disqualified from serving as such an agent pursuant to this section or any other applicable law, the [Division] Department shall issue to the person and, for an independent contractor, to each person identified in the independent contractor’s application for registration as an employee who will provide labor as a medical marijuana establishment agent, a medical marijuana establishment agent registration card. If the [Division] Department does not act upon an application for a medical marijuana establishment agent registration card within 30 days after the date on which the application is received, the application shall be deemed conditionally approved until such time as the [Division] Department acts upon the application. A medical marijuana establishment agent registration card expires 1 year after the date of issuance and may be renewed upon:

 


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ê2017 Statutes of Nevada, Page 3697 (Chapter 540, AB 422)ê

 

      (a) Resubmission of the information set forth in this section; and

      (b) Payment of the renewal fee set forth in NRS 453A.344.

      9.  A medical marijuana establishment agent registration card issued pursuant to this section to an independent contractor or an employee of an independent contractor authorizes the independent contractor or employee to provide labor to any medical marijuana establishment in this State.

      10.  A medical marijuana establishment agent registration card issued pursuant to this section to a person who wishes to volunteer or work at a medical marijuana establishment authorizes the person to volunteer or work at any medical marijuana establishment in this State for which the category of the medical marijuana establishment agent registration card authorizes the person to volunteer or work.

      11.  Except as otherwise prescribed by regulation of the Department, an applicant for registration or renewal of registration as a medical marijuana establishment agent is deemed temporarily registered as a medical marijuana establishment agent on the date on which a complete application for registration or renewal of registration is submitted to the Department. A temporary registration as a medical marijuana establishment agent expires 30 days after the date upon which the application is received.

      Sec. 32. NRS 453A.334 is hereby amended to read as follows:

      453A.334  1.  Except as otherwise provided in subsection 2, the following are nontransferable:

      (a) A medical marijuana establishment agent registration card.

      (b) A medical marijuana establishment registration certificate.

      2.  A medical marijuana establishment may , upon submission of a statement signed by a person authorized to submit such a statement by the governing documents of the medical marijuana establishment, transfer all or any portion of its ownership to another party, and the [Division] Department shall transfer the medical marijuana establishment registration certificate issued to the establishment to the party acquiring ownership, if the party who will acquire the ownership of the medical marijuana establishment submits:

      (a) [Evidence] If the party will acquire the entirety of the ownership interest in the medical marijuana establishment, evidence satisfactory to the [Division] Department that the party has complied with the provisions of sub-subparagraph (III) of subparagraph (2) of paragraph (a) of subsection 3 of NRS 453A.322 for the purpose of operating the medical marijuana establishment.

      (b) For the party and each person who is proposed to be an owner, officer or board member of the proposed medical marijuana establishment, the name, address and date of birth of the person, a complete set of the person’s fingerprints and written permission of the person authorizing the [Division] Department 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.

      (c) Proof satisfactory to the [Division] Department that, as a result of the transfer of ownership, no person, group of persons or entity will, in a county whose population is 100,000 or more, hold more than one medical marijuana establishment registration certificate or more than 10 percent of the medical marijuana establishment registration certificates allocated to the county, whichever is greater.

 


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ê2017 Statutes of Nevada, Page 3698 (Chapter 540, AB 422)ê

 

      Sec. 33. NRS 453A.336 is hereby amended to read as follows:

      453A.336  1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate shall:

      (a) Include the social security number of the applicant in the application submitted to the [Division.] Department.

      (b) Submit to the [Division] Department 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 [Division] Department 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 medical marijuana establishment agent registration card or medical marijuana establishment registration certificate; or

      (b) A separate form prescribed by the [Division.] Department.

      3.  A medical marijuana establishment agent registration card or medical marijuana establishment registration certificate may not be issued or renewed by the [Division] Department if the applicant:

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

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

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the [Division] Department 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. 34. NRS 453A.338 is hereby amended to read as follows:

      453A.338  1.  If the [Division] Department 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 medical marijuana establishment agent registration card or medical marijuana establishment registration certificate, the [Division] Department shall deem the card or certificate 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 [Division] Department receives a letter issued to the holder of the card or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the card or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The [Division] Department shall reinstate a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate that has been suspended by a district court pursuant to NRS 425.540 if the [Division] Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose card or certificate was suspended stating that the person whose card or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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ê2017 Statutes of Nevada, Page 3699 (Chapter 540, AB 422)ê

 

district attorney or other public agency pursuant to NRS 425.550 to the person whose card or certificate was suspended stating that the person whose card or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 35. NRS 453A.340 is hereby amended to read as follows:

      453A.340  The following acts constitute grounds for immediate revocation of a medical marijuana establishment registration certificate:

      1.  Dispensing, delivering or otherwise transferring marijuana to a person other than a medical marijuana establishment agent, another medical marijuana establishment or a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver.

      2.  Acquiring usable marijuana or mature marijuana plants from any person other than a medical marijuana establishment agent, another medical marijuana establishment or a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver.

      3.  Violating a regulation of the [Division,] Department, the violation of which is stated to be grounds for immediate revocation of a medical marijuana establishment registration certificate.

      4.  Failure to pay a fee imposed pursuant to NRS 453A.330.

      Sec. 36. NRS 453A.342 is hereby amended to read as follows:

      453A.342  The following acts constitute grounds for the immediate revocation of the medical marijuana establishment agent registration card of a medical marijuana establishment agent:

      1.  Having committed or committing any excluded felony offense.

      2.  Dispensing, delivering or otherwise transferring marijuana to a person other than a medical marijuana establishment agent, another medical marijuana establishment or a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver.

      3.  Violating a regulation of the [Division,] Department, the violation of which is stated to be grounds for immediate revocation of a medical marijuana establishment agent registration card.

      Sec. 37. NRS 453A.344 is hereby amended to read as follows:

      453A.344  1.  Except as otherwise provided in subsection 2, the [Division] Department shall collect not more than the following maximum fees:

 

For the initial issuance of a medical marijuana establishment registration certificate for a medical marijuana dispensary................................................................................... $30,000

For the renewal of a medical marijuana establishment registration certificate for a medical marijuana dispensary........................................................................................................... 5,000

For the initial issuance of a medical marijuana establishment registration certificate for a cultivation facility   3,000

For the renewal of a medical marijuana establishment registration certificate for a cultivation facility   1,000

For the initial issuance of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products 3,000

 


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ê2017 Statutes of Nevada, Page 3700 (Chapter 540, AB 422)ê

 

For the renewal of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.. $1,000

For each person identified in an application for the initial issuance of a medical marijuana establishment agent registration card.................................................................................... 75

For each person identified in an application for the renewal of a medical marijuana establishment agent registration card......................................................................................................... 75

For the initial issuance of a medical marijuana establishment registration certificate for an independent testing laboratory........................................................................................ 5,000

For the renewal of a medical marijuana establishment registration certificate for an independent testing laboratory........................................................................................................... 3,000

 

      2.  In addition to the fees described in subsection 1, each applicant for a medical marijuana establishment registration certificate must pay to the [Division:] Department:

      (a) A one-time, nonrefundable application fee of $5,000; and

      (b) The actual costs incurred by the [Division] Department in processing the application, including, without limitation, conducting background checks.

      3.  Any revenue generated from the fees imposed pursuant to this section:

      (a) Must be expended first to pay the costs of the [Division] Department in carrying out the provisions of NRS 453A.320 to 453A.370, inclusive; and

      (b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund.

      Sec. 37.5. NRS 453A.350 is hereby amended to read as follows:

      453A.350  1.  Each medical marijuana establishment must:

      (a) Be located in a separate building or facility that is located in a commercial or industrial zone or overlay;

      (b) Comply with all local ordinances and rules pertaining to zoning, land use and signage;

      (c) Have an appearance, both as to the interior and exterior, that is professional, orderly, dignified and consistent with the traditional style of pharmacies and medical offices; and

      (d) Have discreet and professional signage that is consistent with the traditional style of signage for pharmacies and medical offices.

      2.  A medical marijuana establishment may move to a new location under the jurisdiction of the same local government as its original location and regardless of the distance from its original location if the operation of the medical marijuana establishment at the new location has been approved by the local government. A local government may approve a new location pursuant to this subsection only in a public hearing for which written notice is given at least 7 working days before the hearing.

 


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ê2017 Statutes of Nevada, Page 3701 (Chapter 540, AB 422)ê

 

      3.  If a medical marijuana establishment is operated by a dual licensee, as defined in NRS 453D.030, any provision of this section which is determined by the Department to be unreasonably impracticable pursuant to subsection 9 of NRS 453A.370 does not apply to the medical marijuana establishment.

      Sec. 38. NRS 453A.352 is hereby amended to read as follows:

      453A.352  1.  The operating documents of a medical marijuana establishment must include procedures:

      (a) For the oversight of the medical marijuana establishment; and

      (b) To ensure accurate recordkeeping, including, without limitation, the provisions of NRS 453A.354 and 453A.356.

      2.  Except as otherwise provided in this subsection, a medical marijuana establishment:

      (a) That is a medical marijuana dispensary must have a single entrance for patrons, which must be secure, and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.

      (b) That is not a medical marijuana dispensary must have a single secure entrance and shall implement strict security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.

Ê The provisions of this subsection do not supersede any state or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.

      3.  A medical marijuana establishment is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to:

      (a) Directly or indirectly assist patients who possess valid registry identification cards; [and]

      (b) Assist patients who possess valid registry identification cards or letters of approval by way of those patients’ designated primary caregivers [.] ; and

      (c) Return for a refund marijuana, edible marijuana products or marijuana-infused products to the medical marijuana establishment from which the marijuana, edible marijuana products or marijuana-infused products were acquired.

Ê For the purposes of this subsection, a person shall be deemed to be a patient who possesses a valid registry identification card or letter of approval if he or she qualifies for nonresident reciprocity pursuant to NRS 453A.364.

      4.  All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed, locked facility at the physical address provided to the [Division] Department during the registration process for the cultivation facility. Such an enclosed, locked facility must be accessible only by medical marijuana establishment agents who are lawfully associated with the cultivation facility, except that limited access by persons necessary to perform construction or repairs or provide other labor is permissible if such persons are supervised by a medical marijuana establishment agent.

      5.  A medical marijuana dispensary and a cultivation facility may acquire usable marijuana or marijuana plants from a person who holds a valid registry identification card, including, without limitation, a designated primary caregiver. Except as otherwise provided in this subsection, the patient or caregiver, as applicable, must receive no compensation for the marijuana.

 


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ê2017 Statutes of Nevada, Page 3702 (Chapter 540, AB 422)ê

 

patient or caregiver, as applicable, must receive no compensation for the marijuana. A patient who holds a valid registry identification card, and the designated primary caregiver of such a patient, or the designated primary caregiver of a person who holds a letter of approval may sell usable marijuana to a medical marijuana dispensary one time and may sell marijuana plants to a cultivation facility one time.

      6.  A medical marijuana establishment shall not allow any person to consume marijuana on the property or premises of the establishment.

      7.  Medical marijuana establishments are subject to reasonable inspection by the Division at any time, and a person who holds a medical marijuana establishment registration certificate must make himself or herself, or a designee thereof, available and present for any inspection by the Division of the establishment.

      8.  A dual licensee, as defined in NRS 453D.030:

      (a) Shall comply with the regulations adopted by the Department pursuant to paragraph (k) of subsection 1 of NRS 453D.200 with respect to the medical marijuana establishment operated by the dual licensee; and

      (b) May, to the extent authorized by such regulations, combine the location or operations of the medical marijuana establishment operated by the dual licensee with the marijuana establishment, as defined in NRS 453D.030, operated by the dual licensee.

      9.  Each medical marijuana establishment shall install a video monitoring system which must, at a minimum:

      (a) Allow for the transmission and storage, by digital or analog means, of a video feed which displays the interior and exterior of the medical marijuana establishment; and

      (b) Be capable of being accessed remotely by a law enforcement agency in real-time upon request.

      10.  A medical marijuana establishment shall not dispense or otherwise sell marijuana, edible marijuana products or marijuana-infused products from a vending machine or allow such a vending machine to be installed at the interior or exterior of the premises of the medical marijuana establishment.

      11.  If a medical marijuana establishment is operated by a dual licensee, as defined in NRS 453D.030, any provision of this section which is determined by the Department to be unreasonably impracticable pursuant to subsection 9 of NRS 453A.370 does not apply to the medical marijuana establishment.

      Sec. 39. NRS 453A.354 is hereby amended to read as follows:

      453A.354  1.  Each medical marijuana establishment, in consultation with the [Division,] Department, shall maintain an electronic verification system.

      2.  The electronic verification system required pursuant to subsection 1 must be able to monitor and report information, including, without limitation:

      (a) In the case of a medical marijuana dispensary, for each person who holds a valid registry identification card and who purchased marijuana from the dispensary in the immediately preceding 60-day period:

             (1) The number of the card;

             (2) The date on which the card was issued; and

             (3) The date on which the card will expire.

 


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ê2017 Statutes of Nevada, Page 3703 (Chapter 540, AB 422)ê

 

      (b) For each medical marijuana establishment agent who is employed by or volunteers at the medical marijuana establishment, the number of the person’s medical marijuana establishment agent registration card.

      (c) In the case of a medical marijuana dispensary, such information as may be required by the [Division] Department by regulation regarding persons who are not residents of this State and who have purchased marijuana from the dispensary.

      (d) Verification of the identity of a person to whom marijuana, edible marijuana products or marijuana-infused products are sold or otherwise distributed.

      (e) Such other information as the [Division] Department may require.

      3.  Nothing in this section prohibits more than one medical marijuana establishment from co-owning an electronic verification system in cooperation with other medical marijuana establishments, or sharing the information obtained therefrom.

      4.  A medical marijuana establishment must exercise reasonable care to ensure that the personal identifying information of persons who hold registry identification cards which is contained in an electronic verification system is encrypted, protected and not divulged for any purpose not specifically authorized by law.

      Sec. 40. NRS 453A.356 is hereby amended to read as follows:

      453A.356  1.  Each medical marijuana establishment, in consultation with the [Division,] Department, shall maintain an inventory control system.

      2.  The inventory control system required pursuant to subsection 1 must be able to monitor and report information, including, without limitation:

      (a) Insofar as is practicable, the chain of custody and current whereabouts, in real time, of medical marijuana from the point that it is harvested at a cultivation facility until it is sold at a medical marijuana dispensary and, if applicable, if it is processed at a facility for the production of edible marijuana products or marijuana-infused products;

      (b) The name of each person or other medical marijuana establishment, or both, to which the establishment sold marijuana;

      (c) In the case of a medical marijuana dispensary, the date on which it sold marijuana to a person who holds a registry identification card and, if any, the quantity of edible marijuana products or marijuana-infused products sold, measured both by weight and potency; and

      (d) Such other information as the [Division] Department may require.

      3.  Nothing in this section prohibits more than one medical marijuana establishment from co-owning an inventory control system in cooperation with other medical marijuana establishments, or sharing the information obtained therefrom.

      4.  A medical marijuana establishment must exercise reasonable care to ensure that the personal identifying information of persons who hold registry identification cards which is contained in an inventory control system is encrypted, protected and not divulged for any purpose not specifically authorized by law.

      Sec. 41. NRS 453A.358 is hereby amended to read as follows:

      453A.358  1.  Each medical marijuana dispensary shall ensure all of the following:

      [1.](a) The weight, concentration and content of THC in all marijuana, edible marijuana products and marijuana-infused products that the dispensary sells is clearly and accurately stated on the product sold.

 


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ê2017 Statutes of Nevada, Page 3704 (Chapter 540, AB 422)ê

 

      [2.](b) That the dispensary does not sell to a person, in any one [14-day period, an amount] transaction, more than 1 ounce of marijuana . [for medical purposes that exceeds the limits set forth in NRS 453A.200.

      3.](c) That, posted clearly and conspicuously within the dispensary, are the legal limits on the possession of marijuana for medical purposes, as set forth in NRS 453A.200.

      [4.](d) That, posted clearly and conspicuously within the dispensary, is a sign stating unambiguously the legal limits on the possession of marijuana for medical purposes, as set forth in NRS 453A.200.

      (e) That only persons who are at least 21 years of age or hold a registry identification card or letter of approval are allowed to enter the premises of the medical marijuana dispensary.

      2.  A medical marijuana dispensary may, but is not required to, track the purchases of marijuana for medical purposes by any person to ensure that the person does not exceed the legal limits on the possession of marijuana for medical purposes, as set forth in NRS 453A.200. The Department shall not adopt a regulation or in any other way require a medical marijuana dispensary to track the purchases of a person or determine whether the person has exceeded the legal limits on the possession of marijuana for medical purposes, as set forth in NRS 453A.200.

      3.  A medical marijuana dispensary which is a dual licensee, as defined in NRS 453D.030, may, to the extent authorized by the regulations adopted by the Department pursuant to paragraph (k) of subsection 1 of NRS 453D.200, allow any person who is at least 21 years of age to enter the premises of the medical marijuana dispensary, regardless of whether such a person holds a valid registry identification card or letter of approval.

      Sec. 42. NRS 453A.360 is hereby amended to read as follows:

      453A.360  Each medical marijuana dispensary and facility for the production of edible marijuana products or marijuana-infused products shall, in consultation with the [Division,] Department, cooperate to ensure that all edible marijuana products and marijuana-infused products offered for sale:

      1.  Are labeled clearly and unambiguously as medical marijuana.

      2.  Are not presented in packaging that is appealing to children.

      3.  Are regulated and sold on the basis of the concentration of THC in the products and not by weight.

      4.  Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.

      Sec. 43. NRS 453A.364 is hereby amended to read as follows:

      453A.364  [1.  The State of Nevada and the medical marijuana dispensaries in this State which hold valid medical marijuana establishment registration certificates will recognize a nonresident card only under the following circumstances:

      (a) The state or jurisdiction from which the holder or bearer obtained the nonresident