[Rev. 11/14/2017 12:14:23 PM]

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ê2017 Statutes of Nevada, Page 3963ê

 

CHAPTER 555, AB 359

Assembly Bill No. 359–Assemblyman Thompson

 

CHAPTER 555

 

[Approved: June 12, 2017]

 

AN ACT relating to contractors; exempting certain entities that enter into contracts or agreements with the State or a political corporation or subdivision of this State from certain provisions relating to contractors; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that chapter 624 of NRS, which provides for the licensing and regulation of contractors, does not apply to work performed by an authorized representative of the State of Nevada or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State. (NRS 624.031) This bill expands this exemption to include a nonprofit entity which: (1) enters into a contract with the State of Nevada, or any such political corporation or subdivision of this State, to facilitate the repair or maintenance of properties; (2) facilitates work to be performed on such a property by a licensed contractor; and (3) is a party with the owner of such a property and a licensed contractor to a contract or agreement for the work on the property.

 

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 624.031 is hereby amended to read as follows:

      624.031  The provisions of this chapter do not apply to:

      1.  Work performed exclusively by an authorized representative of the United States Government, the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State.

      2.  Any entity that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), which:

      (a) Enters into a contract or other agreement with the State of Nevada, or an incorporated city, county, irrigation district, reclamation district, or other municipal or political corporation or subdivision of this State, to facilitate the repair or maintenance of properties, including, without limitation, weatherization and energy efficiency services;

      (b) Facilitates work to be performed on such a property by a person licensed pursuant to this chapter; and

      (c) Is a party with the owner of such a property and a person licensed pursuant to this chapter to a contract or agreement for the work on the property.

      3.  An officer of a court when acting within the scope of his or her office.

      [3.]4.  Work performed exclusively by a public utility operating pursuant to the regulations of the Public Utilities Commission of Nevada on construction, maintenance and development work incidental to its business.

      [4.]5.  An owner of property who is building or improving a residential structure on the property for his or her own occupancy and not intended for sale or lease.

 


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ê2017 Statutes of Nevada, Page 3964 (Chapter 555, AB 359)ê

 

sale or lease. The sale or lease, or the offering for sale or lease, of the newly built structure within 1 year after its completion creates a rebuttable presumption for the purposes of this section that the building of the structure was performed with the intent to sell or lease that structure. An owner of property who requests an exemption pursuant to this subsection must apply to the Board for the exemption. The Board shall adopt regulations setting forth the requirements for granting the exemption.

      [5.]6.  Any work to repair or maintain property the value of which is less than $1,000, including labor and materials, unless:

      (a) A building permit is required to perform the work;

      (b) The work is of a type performed by a plumbing, electrical, refrigeration, heating or air-conditioning contractor;

      (c) The work is of a type performed by a contractor licensed in a classification prescribed by the Board that significantly affects the health, safety and welfare of members of the general public;

      (d) The work is performed as a part of a larger project:

             (1) The value of which is $500 or more; or

             (2) For which contracts of less than $500 have been awarded to evade the provisions of this chapter; or

      (e) The work is performed by a person who is licensed pursuant to this chapter or by an employee of that person.

      [6.]7.  The sale or installation of any finished product, material or article of merchandise which is not fabricated into and does not become a permanent fixed part of the structure.

      [7.]8.  The construction, alteration, improvement or repair of personal property.

      [8.]9.  The construction, alteration, improvement or repair financed in whole or in part by the Federal Government and conducted within the limits and boundaries of a site or reservation, the title of which rests in the Federal Government.

      [9.]10.  An owner of property, the primary use of which is as an agricultural or farming enterprise, building or improving a structure on the property for his or her use or occupancy and not intended for sale or lease.

      [10.]11.  Construction oversight services provided to a long-term recovery group by a qualified person within a particular geographic area that is described in a proclamation of a state of emergency or declaration of disaster by the State or Federal Government, including, without limitation, pursuant to NRS 414.070. A long-term recovery group may reimburse such reasonable expenses as the qualified person incurs in providing construction oversight services to that group. Except as otherwise provided in this subsection, nothing in this subsection authorizes a person who is not a licensed contractor to perform the acts described in paragraphs (a) and (b) of subsection 1 of NRS 624.700. As used in this subsection:

      (a) “Construction oversight services” means the coordination and oversight of labor by volunteers.

      (b) “Long-term recovery group” means a formal group of volunteers coordinating response and recovery efforts related to a state of emergency or disaster that is proclaimed or declared by the State or Federal Government.

      (c) “Qualified person” means a person who possesses the abilities, education, experience, knowledge, skills and training that a long-term recovery group has identified as being necessary to provide construction oversight services for a project to be performed by that group.

 


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ê2017 Statutes of Nevada, Page 3965 (Chapter 555, AB 359)ê

 

      [11.]12.  A person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson pursuant to chapter 645 of NRS who, acting within the scope of the license or a permit to engage in property management issued pursuant to NRS 645.6052, assists a client in scheduling work to repair or maintain residential property pursuant to a written brokerage agreement or a property management agreement. Such assistance includes, without limitation, assisting a client in the hiring of any number of licensed contractors to perform the work. Nothing in this subsection authorizes the performance of any work for which a license is required pursuant to this chapter by a person who is not licensed pursuant to this chapter or the payment of any additional compensation to a person licensed as a real estate broker, real estate broker-salesperson or real estate salesperson for assisting a client in scheduling the work. The provisions of this subsection apply only if a building permit is not required to perform the work and if the value of the work does not exceed $10,000 per residential property during the fixed term of the written brokerage agreement, if the assistance is provided pursuant to such an agreement, or during a period not to exceed 6 months if the assistance is provided pursuant to a property management agreement. As used in this subsection:

      (a) “Brokerage agreement” has the meaning ascribed to it in NRS 645.005.

      (b) “Property management agreement” has the meaning ascribed to it in NRS 645.0192.

      (c) “Real estate broker” has the meaning ascribed to it in NRS 645.030.

      (d) “Real estate broker-salesperson” has the meaning ascribed to it in NRS 645.035.

      (e) “Real estate salesperson” has the meaning ascribed to it in NRS 645.040.

      (f) “Residential property” means:

             (1) Improved real estate that consists of not more than four residential units; or

            (2) A single-family residential unit, including a condominium, townhouse or home within a subdivision, if the unit is sold, leased or otherwise conveyed unit by unit, regardless of whether the unit is part of a larger building or parcel that consists of more than four units.

      Sec. 2. NRS 645.6051 is hereby amended to read as follows:

      645.6051  1.  A person licensed pursuant to this chapter as a real estate broker, real estate broker-salesperson or real estate salesperson shall maintain a record of all work performed on a residential property that the person assists a client in scheduling pursuant to subsection [11] 12 of NRS 624.031.

      2.  The record required by subsection 1 must include, without limitation:

      (a) The name of any person licensed pursuant to chapter 624 of NRS who performs such work;

      (b) The date on which the work was performed;

      (c) A copy of any written contract to perform the work; and

      (d) A copy of any invoice prepared in connection with the work.

      3.  As used in this section, “residential property” has the meaning ascribed to it in NRS 624.031.

      Sec. 3.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 3966ê

 

CHAPTER 556, AB 362

Assembly Bill No. 362–Assemblymen Tolles, Watkins; Benitez-Thompson, Diaz, Krasner, Monroe-Moreno, Oscarson, Pickard, Wheeler, Woodbury and Yeager

 

Joint Sponsors: Senators Denis, Ford, Gansert, Gustavson, Hammond, Harris, Segerblom, Spearman and Woodhouse

 

CHAPTER 556

 

[Approved: June 12, 2017]

 

 

AN ACT relating to education; prohibiting certain persons from assisting certain employees, contractors or agents who work at a public school to obtain new employment; prohibiting a local educational agency or public school from entering into certain agreements; requiring an applicant for employment who may have direct contact with pupils to provide certain information and written authorizations; requiring the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils, governing body of a private school and certain independent contractors to take certain action regarding persons who may have direct contact with children; requiring certain employers to provide certain information regarding an applicant for employment who may have direct contact with children; providing that an employer who fails to provide certain information regarding an applicant for employment who may have direct contact with children is subject to certain disciplinary action; providing that a teacher or administrator may be subject to disciplinary action for certain violations; authorizing the Superintendent of Public Instruction to deny an application for a license if a report on the criminal history of the applicant indicates that an applicant has been arrested for or charged with a sexual offense involving a minor or pupil; requiring the Superintendent to provide certain notice when an application for a license is denied; requiring the Department of Education to maintain a list of the names of persons whose application for a license has been denied for certain purposes; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 6, 7 and 22 of this bill incorporate in state law certain provisions of federal law designed to prevent persons who have engaged in sexual misconduct with a minor from obtaining new employment.

      Section 8 of this bill requires an applicant for employment with a school district, charter school, university school for profoundly gifted pupils and certain independent contractors who may have direct contact with pupils to provide to the prospective employer: (1) information relating to his or her employment history; and (2) written authorization for a current or previous employer to release information relating to his or her employment. Section 8 also provides that any action brought by such an applicant for employment based upon information obtained about the applicant to determine his or her fitness for employment must be brought in a court in this State and governed by the laws of this State. Finally, section 8 provides that an applicant for employment who knowingly provides false information or willfully fails to disclose information is subject to discipline and is guilty of a misdemeanor.

 


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ê2017 Statutes of Nevada, Page 3967 (Chapter 556, AB 362)ê

 

disclose information is subject to discipline and is guilty of a misdemeanor. Section 25 of this bill places the same requirements and penalties on an applicant for employment with a private school.

      Section 9 of this bill requires the governing body of a public school, including the board of trustees of a school district, governing body of a charter school and governing body of a university school for profoundly gifted pupils, or an independent contractor who receives the information described in section 8 to: (1) verify the information received; (2) ensure that the applicant has a license authorizing him or her to teach or perform other educational functions if a license is required; and (3) verify that the Department of Education has not received notice that the applicant is a defendant in a criminal case. Section 26 of this bill similarly requires the governing body of a private school that receives the information described in section 25 to verify the information received.

      Sections 10 and 27 of this bill require the governing body of a public school, an independent contractor and the governing body of a private school, respectively, to take certain action to obtain additional information if a current or previous employer of an applicant indicates that the applicant is or was the subject of an investigation concerning an alleged sexual offense.

      Sections 9, 10, 26 and 27 of this bill also provide that any employer or former employer who is contacted by the governing body of a public school, an independent contractor or the governing body of a private school, respectively, and asked to provide information, but willfully fails to disclose information is subject to discipline, including a civil penalty. Sections 9, 10, 26 and 27 further provide that, in addition to being subject to discipline, including a civil penalty, a private school that willfully fails to disclose any such information is subject to discipline, which may include being placed on a corrective action plan. Sections 9, 10, 26 and 27 provide immunity from liability for providing the information and makes the information privileged.

      Sections 11 and 28 of this bill authorize the governing body of a public school, an independent contractor and the governing body of a private school, respectively to: (1) consider the information received pursuant to sections 8-10 and 25-27 when making an employment decision; and (2) report the information received to certain entities. Sections 11 and 28 of this bill also provide that the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils, independent contractor or governing body of a private school: (1) shall not be held liable for any damages resulting from failure of an entity not subject to the jurisdiction of this State to respond to certain requests for information or any inaccuracy or omission in the information submitted; and (2) is immune from civil or criminal liability for considering the information received pursuant to sections 8-10 or 25-27, as applicable, when making employment decisions.

      Section 12 of this bill requires an independent contractor who employs a person who may have direct contact with pupils to maintain a record for each such employee and, upon request, provide this record to the governing body of the public school at which an employee has been assigned to perform work. Section 12 also: (1) requires an independent contractor to provide certain information to the governing body of a public school before assigning an employee to perform work at a location; and (2) prohibits an independent contractor from assigning an employee to perform work at a school if the governing body of the school objects to the assignment.

      Section 13 and 29 of this bill authorize the governing body of a public school and the governing body of a private school, respectively, to allow provisional employment of a person pending review of the information received pursuant to sections 8-10 or 25-27, as applicable, in certain circumstances.

      Section 14 of this bill provides that nothing in sections 2-17 of this bill shall be construed to: (1) prevent a prospective employer from conducting further investigations of a prospective employee; (2) prohibit a person from disclosing more information than is required by this bill; or (3) relieve a person of a duty to report prescribed by state or federal law. Section 30 of this bill similarly provides that nothing in sections 22-32 of this bill shall be construed to: (1) prevent a private school from conducting further investigations of a prospective employee; (2) prohibit a person from disclosing more information than is required by this bill; or (3) relieve a person of a duty to report prescribed by state or federal law.

 


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school from conducting further investigations of a prospective employee; (2) prohibit a person from disclosing more information than is required by this bill; or (3) relieve a person of a duty to report prescribed by state or federal law.

      Sections 15 and 31 of this bill prohibit the governing body of a public school, an independent contractor or the governing body of a private school, respectively, from entering into any agreement that: (1) has the effect of suppressing information relating to an investigation concerning a report of suspected abuse or sexual misconduct by a current or former employee; (2) affects the ability of the governing body or independent contractor to report suspected abuse or sexual misconduct; or (3) requires the governing body or independent contractor to expunge certain information from any documents maintained by the governing body or independent contractor. Sections 15 and 31 also require an employer to maintain certain documents if the agreement requires the removal of the document from an employee’s personnel file.

      Sections 16 and 21 provide that any information collected from an applicant for employment or an employer pursuant to sections 8-10 is confidential and is not a public book or record.

      Sections 17 and 32 of this bill provide provides that any person who willfully violates any provision of sections 2-17 or 22-32, respectively, is subject to a civil penalty, which must be recovered in a civil action. Section 17 also prohibits the governing body of a public school from contracting with an independent contractor who has been found to have willfully violated the provisions of sections 2-17. Section 19 provides that a teacher or administrator may be subject to disciplinary action for willfully violating the provisions of sections 2-17.

      Existing law requires the Superintendent of Public Instruction to grant all licenses for teachers and other educational personnel. (NRS 391.033) Section 18 of this bill authorizes the Superintendent to deny an application for a license if a report on the criminal history of the applicant from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History indicates that an applicant has been arrested for or charged with a sexual offense involving a minor or pupil. Section 18 requires the Superintendent or his or her designee to provide written notice of his or her intent to deny the application for a license and authorizes an applicant to whom such notice has been provided to request a hearing within 15 days after receipt of such notice. Section 18: (1) requires such a hearing to be conducted in accordance with regulations adopted by the State Board; and (2) authorizes the Superintendent to deny a license if no request for a hearing is filed within the prescribed period of time.

      Section 18 also requires the Superintendent to provide notice to a school district or charter school that employs an applicant whenever an application for a license is denied. Finally, section 18 requires the Department of Education to: (1) maintain a list of the names of persons whose application for a license is denied due to conviction of a sexual offense involving a minor; and (2) provide such a list to certain persons upon request.

      Existing law requires each private school desiring to operate in this State to apply to the Superintendent of Public Instruction to obtain a license to operate a private school. (NRS 394.451) Section 33 of this bill requires such an application to be accompanied by documentation of the actions the applicant has taken to comply with the requirements prescribed in sections 25, 26 and 27. Section 33 requires the State Board to deny a license to operate a private school or fail to renew such a license for an applicant who does not provide such documentation.

 


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ê2017 Statutes of Nevada, Page 3969 (Chapter 556, AB 362)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 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

      Sec. 2. As used in sections 2 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Local educational agency” has the meaning ascribed to it in 20 U.S.C. § 7801(30)(A).

      Sec. 4. “Sexual misconduct” means any act, including, without limitation, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child, regardless of the age of the child, that is designed to establish a romantic or sexual relationship with the child.

      Sec. 5. “Sexual offense” has the meaning ascribed to it in NRS 179D.097.

      Sec. 6. 1.  Except as otherwise provided in subsection 2, the Department, a local educational agency or an employee, contractor or agent thereof who works at a public school shall not assist an employee, contractor or agent who works at a school to obtain new employment, apart from the routine transmission of administrative and personnel files, if the person or entity has actual or constructive knowledge that such an employee, contractor or agent has engaged in sexual misconduct regarding a minor or pupil.

      2.  The provisions of subsection 1 do not apply if:

      (a) The information giving rise to actual or constructive knowledge has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct and any other authorities required by federal, state or local law, including, without limitation, Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq., and any regulations adopted pursuant thereto, and the matter has been officially closed, or the District Attorney or law enforcement agency with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish that the employee, contractor or agent engaged in sexual misconduct regarding a minor or pupil;

      (b) The employee, contractor or agent has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or

      (c) The case or investigation remains open and there have been no charges filed against, or indictment of, the employee, contractor or agent within 4 years after the date on which the information was reported to a law enforcement agency.

      3.  The State Board may adopt regulations to enforce the provisions of this section.

      Sec. 7. A local educational agency or a public school shall not enter into any agreement with a person convicted of a sexual offense involving a minor to keep the conviction or the circumstances surrounding the offense confidential.

 


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ê2017 Statutes of Nevada, Page 3970 (Chapter 556, AB 362)ê

 

      Sec. 8. 1.  In addition to fulfilling the requirements for employment prescribed by NRS 388A.323, 388A.515, 388C.200, 391.104 or 391.281, as applicable, or fulfilling the requirements for the issuance of a license prescribed by NRS 391.033, any applicant for employment with a school district, charter school or university school for profoundly gifted pupils who may have direct contact with pupils must, as a condition to employment, submit to the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils with which the applicant seeks to obtain employment, on a form prescribed by the Department:

      (a) The name, address and telephone number for the applicant’s current employer, any former employer of the applicant that was a school or school district and any other former employer with whom the applicant was employed in a position that involved direct contact with children;

      (b) Any other contact information for an employer or former employer described in paragraph (a) prescribed by the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils with which the applicant seeks to obtain employment;

      (c) Written authorization for an employer or former employer described in paragraph (a) to release the information prescribed in section 9 of this act; and

      (d) A written statement indicating whether the applicant has:

             (1) Except as otherwise provided in this subparagraph, been the subject of an investigation concerning an alleged sexual offense conducted by an employer, licensing agency, law enforcement agency, agency which provides child welfare services, agency which provides child protective services or a similar agency. The applicant is not required to provide the information described in this subparagraph if, after investigating the alleged violation, the employer or agency determined that the allegations were false, unfounded, unsubstantiated or inconclusive.

             (2) Been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation, and was found, upon conclusion of the investigation, to have committed the sexual offense.

             (3) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

      2.  Any action brought by an applicant for employment described in subsection 1 against a board of trustees, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, or an employee thereof, which is based upon information obtained by the board of trustees or the governing body with which the applicant seeks employment to determine the fitness of the applicant for employment, including, without limitation, an action for defamation, must be brought in

 


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a court in the State of Nevada and governed by the laws of this State. The provisions of this subsection shall not be deemed to waive any immunity from liability to which the board of trustees or governing body, as applicable, or employee thereof, is entitled.

      3.  An applicant for employment with an independent contractor of a school district, charter school or university school for profoundly gifted pupils who may have direct contact with pupils must, before having direct contact with pupils, submit to the independent contractor on a form prescribed by the Department:

      (a) The information described in paragraphs (a), (c) and (d) of subsection 1; and

      (b) Any other contact information for the employers and former employers described in paragraph (a) of subsection 1 requested by the independent contractor with which the applicant seeks to obtain employment.

      4.  Any applicant for employment described in subsection 1 or 3 who knowingly provides false information or willfully fails to disclose any information required by this section:

      (a) Is subject to discipline, including, without limitation, suspension or revocation of the person’s license pursuant to NRS 391.330 or 391.750, termination of employment or a civil penalty pursuant to section 17 of this act; and

      (b) Is guilty of a misdemeanor.

      Sec. 9. 1.  Upon receipt of the information required by section 8 of this act, the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor shall:

      (a) Contact each employer and former employer described in paragraph (a) of subsection 1 of section 8 of this act and request that the employer provide:

             (1) The dates of employment of the applicant; and

             (2) On a form prescribed by the Department, a written statement indicating whether the applicant has:

                   (I) Except as otherwise provided in this sub-subparagraph, been the subject of an investigation concerning an alleged sexual offense conducted by the employer. An employer or former employer is not required to provide the information described in this sub-subparagraph if, after investigating the alleged violation, the employer determined that the allegations were false, unfounded, unsubstantiated or inconclusive.

                   (II) Been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

                   (III) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

 


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ê2017 Statutes of Nevada, Page 3972 (Chapter 556, AB 362)ê

 

      (b) Ensure that the applicant has a license authorizing him or her to teach or perform other educational functions at the level and, except as otherwise provided in NRS 391.125, in the field for which he or she is applying for employment, if a license is required, and that the applicant is otherwise eligible for employment.

      (c) Verify that the Department has not received notice, including, without limitation, notice provided pursuant to NRS 391.055, that the applicant is a defendant in a criminal case.

      2.  An employer or former employer contacted by a board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor pursuant to paragraph (a) of subsection 1:

      (a) Shall provide the information requested not later than 20 days after the date on which the board of trustees, governing body or independent contractor contacts the employer or former employer.

      (b) Is immune from civil and criminal liability for any act relating to the provision of such information, unless the employer or former employer knowingly provides false information. Such information is privileged and must not be used as the basis for any action against the person or entity that provided the information.

      3.  Except as otherwise prohibited by federal or state law, an employer or former employer willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to section 17 of this act.

      4.  In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.

      Sec. 10. 1.  If a statement provided pursuant to paragraph (d) of subsection 1 of section 8 of this act or subparagraph (2) of paragraph (a) of subsection 2 of section 9 of this act indicates that the applicant meets any of the criteria prescribed in that paragraph or subparagraph, as applicable, the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor who receives the statement shall request the employer that conducted the investigation concerning an alleged sexual offense, discharged, disciplined or dismissed the employee or asked the employee to resign from employment to provide additional information concerning the matter and all records related to the matter, including, without limitation, any documents relating to a disciplinary action taken against the employee, disciplinary records or documents used in the decision made by the employer concerning the investigation.

      2.  An employer contacted by the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor pursuant to subsection 1:

      (a) Except as otherwise provided in this subsection, shall provide the information requested not later than 60 days after the date on which the board of trustees, governing body or independent contractor contacts the employer.

 


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ê2017 Statutes of Nevada, Page 3973 (Chapter 556, AB 362)ê

 

      (b) Is not required to disclose any information or records held by the school police of the school district, if the school district has school police officers.

      (c) Is immune from civil and criminal liability to the same extent provided in paragraph (b) of subsection 2 of section 9 of this act.

      3.  Except as otherwise prohibited by federal or state law, an employer who willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to section 17 of this act.

      4.  In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.

      Sec. 11. The board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor:

      1.  May consider the information submitted pursuant to sections 8, 9 and 10 of this act when deciding whether to employ an applicant or continue to employ a person.

      2.  May report the information submitted pursuant to sections 8, 9 and 10 of this act to the Department or a licensing agency, law enforcement agency, agency which provides child welfare services, agency which provides child protective services or a similar agency.

      3.  Shall not be held liable for any damages resulting from the failure of an entity not subject to the jurisdiction of this State to respond to a request for information pursuant to section 9 or 10 of this act or any inaccuracy or omission in the information submitted to the school district, charter school, university school for profoundly gifted pupils or independent contractor pursuant to section 9 or 10 of this act.

      4.  Is immune from civil or criminal liability for considering the information submitted pursuant to sections 8, 9 and 10 of this act when deciding whether to employ an applicant or continue to employ a person.

      Sec. 12. 1.  An independent contractor of a school district, charter school or university school for profoundly gifted pupils who employs a person who may have direct contact with pupils shall:

      (a) Maintain a record for each such employee that includes, without limitation, the information submitted pursuant to subsection 2 of section 8 of this act and the information submitted pursuant to subsection 2 of section 9 of this act; and

      (b) Upon request, provide the record maintained pursuant to paragraph (a) to the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, for the school at which an employee has been assigned to perform work.

      2.  Before assigning an employee to perform work at a location where the employee may have direct contact with pupils, an independent contractor shall inform the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, with which the employee will be assigned to perform work of any instance known in which the employee:

 


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      (a) Except as otherwise provided in this paragraph, has been the subject of an investigation concerning an alleged sexual offense conducted by an employer. A person is not required to provide the information described in this paragraph if, after investigating the alleged violation, the employer determined that the allegations were false, unfounded, unsubstantiated or inconclusive.

      (b) Has ever been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

      (c) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

      3.  An independent contractor may not assign an employee to perform work at a public school, charter school or university school for profoundly gifted pupils if the board of trustees of the school district in which the school is located, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, objects to such an assignment upon receiving the notification required by subsection 2.

      Sec. 13. The board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils may authorize provisional employment of a person for a period not to exceed 90 days pending the review of information submitted pursuant to sections 8, 9 and 10 of this act if the board of trustees or the governing body determines the applicant is otherwise qualified and:

      1.  The applicant provided the statement described in paragraph (d) of subsection 1 of section 8 of this act.

      2.  The board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment.

      3.  The applicant swears or affirms that he or she is not disqualified from employment.

      4.  The applicant is directly supervised by a permanent employee in any duties that involve direct contact with pupils. The supervision must be such that the applicant is in the immediate location of the permanent employee and is readily available during such times as supervision is required.

      Sec. 14. Nothing in sections 2 to 17, inclusive, of this act shall be construed to:

      1.  Prevent a board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor from:

 

 


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      (a) Conducting further investigations of a prospective employee; or

      (b) Requiring an applicant to submit additional information or authorizations beyond what is required by sections 8, 9 and 10 of this act.

      2.  Prohibit a person or governmental entity from disclosing more information than is required by sections 8, 9 and 10 of this act.

      3.  Relieve a person of a duty to report prescribed by NRS 432B.220 or any other provision of state or federal law.

      Sec. 15. 1.  The board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or the independent contractor of a school district, charter school or university school for profoundly gifted pupils shall not enter into an agreement that:

      (a) Has the effect of suppressing information relating to an investigation concerning a report of suspected abuse or sexual misconduct by a current or former employee.

      (b) Affects the ability of the school district, charter school, university school for profoundly gifted pupils or independent contractor to report suspected abuse or sexual misconduct to the appropriate authorities.

      (c) Requires the school district, charter school, university school for profoundly gifted pupils or independent contractor to expunge information about allegations or findings of suspected abuse or sexual misconduct from any documents maintained by the school district, charter school, university school for profoundly gifted pupils or independent contractor unless, after investigating the alleged violation, the school district, charter school, university school for profoundly gifted pupils or independent contractor determines that the allegations were false, unfounded, unsubstantiated or inconclusive.

      2.  If an agreement requires the removal of a document from the personnel file of an employee, the employer must maintain the document with the agreement.

      3.  Any provisions in an agreement that violate the provisions of this section are void.

      Sec. 16. Any information collected pursuant to section 8, 9 or 10 of this act is confidential and is not a public book or record within the meaning of NRS 239.010.

      Sec. 17. 1.  Any person who willfully violates any provision of sections 2 to 17, inclusive, of this act is subject to a civil penalty of not more than $10,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs. If a civil penalty is imposed against an independent contractor for willfully violating any provision of sections 2 to 17, inclusive, of this act, the Attorney General shall, within 30 days after the imposition of the civil penalty, notify the Department of the name of the independent contractor.

      2.  The Department shall maintain a list of any independent contractors who have been found to have willfully violated the provisions of sections 2 to 17, inclusive, of this act and make the list available, upon request, to the board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils.

 


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      3.  The board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils shall not contract with an independent contractor who has been found to have willfully violated the provisions of sections 2 to 17, inclusive, of this act.

      Sec. 18. NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

      2.  An application for the issuance of a license must include the social security number of the applicant.

      3.  Every applicant for a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 7 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      4.  The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.

      5.  [A] Except as otherwise provided in subsection 6, a license must be issued to, or renewed for, as applicable, an applicant if:

      (a) The Superintendent determines that the applicant is qualified;

      (b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:

             (1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or

             (2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable; and

      (c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.

      6.  The Superintendent may deny an application for a license pursuant to this section if a report on the criminal history of the applicant from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History indicates that the applicant has been arrested for or charged with a sexual offense involving a minor or pupil, including, without limitation, any attempt, solicitation or conspiracy to commit such an offense.

      7.  The Superintendent or his or her designee may deny the application for a license after providing written notice of his or her intent to deny the application to the applicant and providing an opportunity for the applicant to have a hearing.

      8.  To request a hearing pursuant to subsection 7, an applicant must submit a written request to the Superintendent within 15 days after receipt of the notice by the applicant. Such a hearing must be conducted in accordance with regulations adopted by the State Board.

 


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accordance with regulations adopted by the State Board. If no request for a hearing is filed within that time, the Superintendent may deny the license.

      9.  If the Superintendent denies an application for a license pursuant to this section, the Superintendent must, within 15 days after the date on which the application is denied, provide notice of the denial to the school district or charter school that employs the applicant if the applicant is employed by a school district or charter school. Such a notice must not state the reasons for denial.

      10.  The Department shall:

      (a) Maintain a list of the names of persons whose applications for a license are denied due to conviction of a sexual offense involving a minor;

      (b) Update the list maintained pursuant to paragraph (a) monthly; and

      (c) Provide this list to the board of trustees of a school district or the governing body of a charter school upon request.

      11.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

      Sec. 19. NRS 391.750 is hereby amended to read as follows:

      391.750  1.  A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:

      (a) Inefficiency;

      (b) Immorality;

      (c) Unprofessional conduct;

      (d) Insubordination;

      (e) Neglect of duty;

      (f) Physical or mental incapacity;

      (g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;

      (h) Conviction of a felony or of a crime involving moral turpitude;

      (i) Inadequate performance;

      (j) Evident unfitness for service;

      (k) Failure to comply with such reasonable requirements as a board may prescribe;

      (l) Failure to show normal improvement and evidence of professional training and growth;

      (m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

      (n) Any cause which constitutes grounds for the revocation of a teacher’s license;

      (o) Willful neglect or failure to observe and carry out the requirements of this title;

      (p) Dishonesty;

      (q) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 390.270 or 390.275;

      (r) An intentional violation of NRS 388.497 or 388.499;

      (s) Knowingly and willfully failing to comply with the provisions of NRS 388.1351;

      (t) Knowingly and willfully violating any provision of sections 2 to 17, inclusive, of this act;

 


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      (u) Gross misconduct; or

      [(u)](v) An intentional failure to report a violation of NRS 388.135 if the teacher or administrator witnessed the violation.

      2.  If a teacher or administrator is found, through an investigation of a testing irregularity, to have willfully breached the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 390.105 or 390.600 or the college and career readiness assessment administered pursuant to NRS 390.610, the board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils, as applicable, shall:

      (a) Suspend, dismiss or fail to reemploy the teacher; or

      (b) Demote, suspend, dismiss or fail to reemploy the administrator.

      3.  In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

      4.  As used in this section, “gross misconduct” includes any act or omission that is in wanton, willful, reckless or deliberate disregard of the interests of a school or school district or a pupil thereof.

      Sec. 20. NRS 391.755 is hereby amended to read as follows:

      391.755  1.  Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.750, the administrator shall:

      (a) Except as otherwise provided in subsection 3, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to the employee’s demotion, dismissal or a refusal to reemploy him or her, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for the employee’s potential demotion, dismissal or a potential recommendation not to reemploy him or her; and

      (b) Except as otherwise provided in NRS 391.760, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.

Ê The admonition must include a description of the deficiencies of the teacher and the action that is necessary to correct those deficiencies.

      2.  An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for the employee by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.

      3.  An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his or her employment will be terminated pursuant to NRS 391.820.

      4.  A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.650 to 391.830, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h), (p), (s) , [and] (t) and (u) of subsection 1 of NRS 391.750.

 


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      Sec. 21. Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 22 to 32, inclusive, of this act.

      Sec. 22. As used in sections 22 to 32, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 23 and 24 of this act have the meanings ascribed to them in those sections.

      Sec. 23. “Sexual misconduct” has the meaning ascribed to it in section 4 of this act.

      Sec. 24. “Sexual offense” has the meaning ascribed to it in NRS 179D.097.

      Sec. 25. 1.  Any applicant for employment with a private school who may have direct contact with pupils must, as a condition to employment, submit to the governing body of the private school with which the applicant seeks to obtain employment, on a form prescribed by the Department:

      (a) The name, address and telephone number for the applicant’s current employer, any former employer of the applicant that was a school or school district and any other former employer with whom the applicant was employed in a position that involved direct contact with children;

      (b) Any other contact information for the employer or former employer described in paragraph (a) prescribed by the governing body of the school with which the applicant seeks to obtain employment;

      (c) Written authorization for the employer or former employer described in paragraph (a) to release the information prescribed in section 26 of this act; and

      (d) A written statement indicating whether the applicant has:

             (1) Except as otherwise provided in this subparagraph, been the subject of an investigation concerning an alleged sexual offense conducted by an employer, licensing agency, law enforcement agency, agency which provides child welfare services, agency which provides child protective services or a similar agency. An applicant is not required to provide the information described in this subparagraph if, after investigating the alleged violation, the employer or agency determined that the allegations were false, unfounded, unsubstantiated or inconclusive.

             (2) Been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation, and was found, upon conclusion of the investigation, to have committed the sexual offense.

             (3) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

      2.  Any action brought by an applicant for employment described in subsection 1 against the governing body of a private school or an employee thereof which is based upon information obtained by the governing body of the private school with which the applicant seeks employment to determine the fitness of the applicant for employment, including, without limitation, an action for defamation, must be brought in a court in the State of Nevada and governed by the laws of this State.

 


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      3.  Any applicant for employment described in subsection 1 who knowingly provides false information or willfully fails to disclose any information required by this section:

      (a) Is subject to discipline, including, without limitation, termination of employment or a civil penalty pursuant to section 32 of this act; and

      (b) Is guilty of a misdemeanor.

      Sec. 26. 1.  Upon receipt of the information required by section 25 of this act, the governing body of a private school shall contact each employer and former employer described in paragraph (a) of subsection 1 of section 25 of this act and request that the employer provide:

      (a) The dates of employment of the applicant; and

      (b) On a form prescribed by the Department, a written statement indicating whether the applicant has:

             (1) Except as otherwise provided in this subparagraph, been the subject of an investigation concerning an alleged sexual offense conducted by the employer. An employer or former employer is not required to provide the information described in this subparagraph if, after investigating the alleged violation, the employer determined that the allegations were false, unfounded, unsubstantiated or inconclusive.

             (2) Been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

             (3) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

      2.  An employer or former employer contacted by a governing body of a private school pursuant to subsection 1:

      (a) Shall provide the information requested not later than 20 days after the date on which the governing body contacts the employer or former employer.

      (b) Is immune from civil and criminal liability for any act relating to the provision of such information, unless the employer or former employer knowingly provides false information. Such information is privileged and must not be used as the basis for any action against the person or entity that provided the information.

      3.  Except as otherwise prohibited by federal or state law, an employer or former employer that willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to section 32 of this act.

      4.  In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.

      Sec. 27. 1.  If a statement provided pursuant to paragraph (d) of subsection 1 of section 25 of this act or paragraph (b) of subsection 1 of section 26 of this act indicates that the applicant meets any of the criteria prescribed in those paragraphs, the governing body of the private school that receives the statement shall request the employer that conducted the investigation concerning an alleged sexual offense, discharged, disciplined or dismissed the employee or asked the employee to resign from employment to provide additional information concerning the matter and all records related to the matter, including, without limitation, any documents relating to a disciplinary action taken against the employee, disciplinary records or documents used in the decision made by the employer concerning the investigation.

 


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that receives the statement shall request the employer that conducted the investigation concerning an alleged sexual offense, discharged, disciplined or dismissed the employee or asked the employee to resign from employment to provide additional information concerning the matter and all records related to the matter, including, without limitation, any documents relating to a disciplinary action taken against the employee, disciplinary records or documents used in the decision made by the employer concerning the investigation.

      2.  An employer contacted by the governing body of a private school pursuant to subsection 1:

      (a) Except as otherwise provided in this subsection, shall provide the information requested not later than 60 days after the date on which the governing body contacts the employer.

      (b) Is immune from civil and criminal liability to the same extent provided in paragraph (b) of subsection 2 of section 26 of this act.

      3.  Except as otherwise prohibited by federal or state law, an employer who willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to section 32 of this act.

      4.  In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.

      Sec. 28. The governing body of a private school:

      1.  May consider the information submitted pursuant to sections 25, 26 and 27 of this act when deciding whether to employ an applicant or continue to employ a person.

      2.  May report the information submitted pursuant to sections 25, 26 and 27 of this act to the Department or a licensing agency, law enforcement agency, agency which provides child welfare services, agency which provides child protective services or a similar agency.

      3.  Shall not be held liable for any damages resulting from the failure of an entity not subject to the jurisdiction of this State to respond to a request for information pursuant to section 26 or 27 of this act or any inaccuracy or omission in the information submitted to the private school pursuant to section 26 or 27 of this act.

      4.  Is immune from civil or criminal liability for considering the information submitted pursuant to sections 25, 26 and 27 of this act when deciding whether to employ an applicant or continue to employ a person.

      Sec. 29. The governing body of a private school may authorize provisional employment of a person for a period not to exceed 90 days pending the review of information submitted pursuant to sections 25, 26 and 27 of this act if the governing body determines the applicant is otherwise qualified and:

      1.  The applicant provided the statement described in paragraph (d) of subsection 1 of section 25 of this act.

      2.  The governing body of the private school has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment.

      3.  The applicant swears or affirms that he or she is not disqualified from employment.

 


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      4.  The applicant is directly supervised by a permanent employee in any duties that involve direct contact with pupils. The supervision must be such that the applicant is in the immediate location of the permanent employee and is readily available during such times as supervision is required.

      Sec. 30. Nothing in sections 22 to 32, inclusive, of this act shall be construed to:

      1.  Prevent a governing body of a private school from:

      (a) Conducting further investigations of a prospective employee; or

      (b) Requiring an applicant to submit additional information or authorizations beyond what is required by sections 25, 26 and 27 of this act.

      2.  Prohibit a person or governmental entity from disclosing more information than is required by sections 25, 26 and 27 of this act.

      3.  Relieve a person of a duty to report prescribed by NRS 432B.220 or any other provision of state or federal law.

      Sec. 31.  1.  The governing body of a private school shall not enter into an agreement that:

      (a) Has the effect of suppressing information relating to an investigation concerning a report of suspected abuse or sexual misconduct by a current or former employee.

      (b) Affects the ability of the private school to report suspected abuse or sexual misconduct to the appropriate authorities.

      (c) Requires the private school to expunge information about allegations or findings of suspected abuse or sexual misconduct from any documents maintained by the private school unless, after investigating the alleged violation, the private school determines that the allegations were false, unfounded, unsubstantiated or inconclusive.

      2.  If an agreement requires the removal of a document from the personnel file of an employee, the private school must maintain the document with the agreement.

      3.  Any provisions in an agreement that violate the provisions of this section are void.

      Sec. 32. Any person who willfully violates any provision of sections 22 to 32, inclusive, of this act is subject to a civil penalty of not more than $10,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.

      Sec. 33. NRS 394.251 is hereby amended to read as follows:

      394.251  1.  Each elementary or secondary educational institution desiring to operate in this State must apply to the Superintendent upon forms provided by the Department. The application must be accompanied by the catalog or brochure published or proposed to be published by the institution. The application must also be accompanied by [evidence] :

      (a) Evidence of the required surety bond or certificate of deposit and payment of the fees required by law [.] ; and

      (b) Documentation of the actions the institution has taken to comply with the requirements prescribed in sections 25, 26 and 27 of this act.

      2.  After review of the application and any further information required by the Superintendent, and an investigation of the applicant if necessary, the Board shall either grant or deny a license to operate to the applicant. The Board must deny a license to operate to an applicant who does not provide the documentation required by paragraph (b) of subsection 1.

 


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Board must deny a license to operate to an applicant who does not provide the documentation required by paragraph (b) of subsection 1.

      3.  The license must state in a clear and conspicuous manner at least the following information:

      (a) The date of issuance, effective date and term of the license.

      (b) The correct name and address of the institution licensed to operate.

      (c) The authority for approval and conditions of operation.

      (d) Any limitation of the authorization, as considered necessary by the Board.

      4.  Except as otherwise provided in this subsection, the term for which authorization is given must not exceed 2 years. A provisional license may be issued for a shorter period of time if the Board finds that the applicant has not fully complied with the standards established by NRS 394.241. Authorization may be given for a term of not more than 4 years if:

      (a) The institution has been licensed to operate for not less than 4 years preceding the authorization; and

      (b) The institution has operated during that period without the filing of a verified complaint against it and without violating any provision of NRS 394.201 to 394.351, inclusive, or any regulation adopted pursuant to those sections.

      5.  The license must be issued to the owner or governing body of the applicant institution and is nontransferable. If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license, and if it fails to do so, the institution’s license terminates. Application for a new license because of a change in ownership of the institution is, for purposes of NRS 394.281, an application for renewal of the institution’s license.

      6.  At least 60 days before the expiration of a license, the institution must complete and file with the Superintendent an application form for renewal of its license. The renewal application must [be] :

      (a) Be reviewed and acted upon as provided in this section [.] ; and

      (b) Include documentation of the actions the institution has taken to comply with the requirements prescribed in sections 25, 26 and 27 of this act.

      7.  An institution not yet in operation when its application for a license is filed may not begin operation until the license is issued. An institution in operation when its application for a license is filed may continue operation until its application is acted upon by the Board, and thereafter its authority to operate is governed by the action of the Board.

      Sec. 34. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.

 


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ê2017 Statutes of Nevada, Page 3984 (Chapter 556, AB 362)ê

 

200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 16 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

 


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ê2017 Statutes of Nevada, Page 3985 (Chapter 556, AB 362)ê

 

copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

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

      Sec. 35. NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.

 


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substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS.

      (b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.

      (c) A coroner.

      (d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A person working in a school who is licensed or endorsed pursuant to chapter 391 or 641B of NRS.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) Except as otherwise provided in NRS 432B.225, an attorney.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

      (k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, “youth shelter” has the meaning ascribed to it in NRS 244.427.

      (l) Any adult person who is employed by an entity that provides organized activities for children [.] , including, without limitation, a person who is employed by a school district or public school as defined in NRS 385.007.

      5.  A report may be made by any other person.

 

 

 

 


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      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      7.  The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.

      8.  The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

      Sec. 36.  The provisions of sections 15 and 31 of this act do not apply to any agreement entered into before July 1, 2017, until the agreement is extended or renewed.

      Sec. 37.  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. 38.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 3988ê

 

CHAPTER 557, AB 375

Assembly Bill No. 375–Assemblymen Sprinkle, Benitez-Thompson, Joiner and Daly

 

CHAPTER 557

 

[Approved: June 12, 2017]

 

AN ACT relating to taxation; authorizing the governing body of a flood management authority under specified circumstances to adopt a resolution establishing a flood control project needs committee to recommend the imposition of certain taxes, fees, rates, charges, levies or assessments to fund the approved flood management projects of the flood management authority; providing that if such a committee is established and submits its recommendations to the governing body of the flood management authority and the board of county commissioners within the time prescribed, the governing body of the flood management authority is required to impose certain recommended fees, rates or charges and the board of county commissioners is required to submit a question to the voters at the 2018 General Election asking whether the other recommended taxes, fees, levies or assessments should be imposed in the county; requiring the board of county commissioners to adopt an ordinance imposing any such taxes, fees, levies or assessments that are approved by the voters; providing for the use of the proceeds of such taxes, fees, rates, charges, levies or assessments for approved flood management projects; providing that if a flood control project needs committee is established, the committee is required to obtain information and submit a report concerning certain flooding issues in the county; providing for the prospective expiration of the authority of a governing body to establish such a committee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the governing body of a flood management authority to establish by resolution a flood control project needs committee to recommend the imposition of certain: (1) flood management fees, rates, charges, levies or assessments; or (2) taxes for consideration by the voters at the 2018 General Election to fund the approved flood management projects of the flood management authority.

      Sections 2 and 3 of this bill provide that if such a committee is established, the committee: (1) must recommend the imposition of certain flood management fees, rates, charges, levies or assessments; and (2) may recommend the imposition of one or more other taxes. The taxes which may be recommended for imposition are: (1) an additional tax on the gross receipts from the rental of transient lodging in the county; (2) a supplemental governmental services tax for the privilege of operating a vehicle upon the public streets, roads and highways of the county; (3) an additional tax on the transfer of real property in the county; (4) an additional property tax in the county; and (5) any other tax, fee, levy or assessment the county is authorized under the law of this State to impose. The recommendations of the committee must specify the rate or rates for each of the recommended taxes, fees, rates, charges, levies or assessments and may specify the period during which the recommended taxes, fees, rates, charges, levies or assessments will be imposed. The committee may dissolve itself without making recommendations if the committee is unable to develop recommendations because of a lack of sufficient documentation or technical information necessary to make such recommendations.

 


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make such recommendations. However, if the committee submits its recommendations to the governing body of the flood management authority and the board of county commissioners on or before April 2, 2018: (1) the governing body of the flood management authority is required to impose the recommended flood management fees, rates or charges; and (2) the board of county commissioners is required to submit a question to the voters at the November 6, 2018, General Election asking whether any of the other taxes, fees, levies or assessments recommended by the committee should be imposed in the county. If a majority of the voters approve the question, the board of county commissioners is required to impose the approved taxes, fees, levies and assessments at the rate or rates specified in the question submitted to the voters. If a majority of the voters approve the imposition of an additional property tax, the additional rate is exempt from the partial abatement of property taxes on certain property and the requirement that taxes ad valorem not exceed $3.64 on each $100 of assessed valuation.

      Section 4 of this bill provides that the proceeds resulting from the imposition of such taxes, fees, rates, charges, levies and assessments: (1) must be deposited in the fund for flood management projects of the flood management authority; and (2) may be pledged to the payment of the principal and interest on bonds or other obligations issued for approved flood management projects.

      Section 5 of this bill provides that if a flood control project needs committee is established, the committee must conduct meetings to receive information and evidence about flooding issues in the county and provide a report to the Governor, the Legislature, the regional planning commission, the board of county commissioners, the city council or other governing body of each city in the county and the governing body of the flood management authority of the county.

      Section 6 of this bill provides that the provisions of this bill authorizing the governing body of a flood management authority to establish such a flood control project needs committee expire by limitation on April 2, 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 governing body of a flood management authority may, by resolution, establish a flood control project needs committee to recommend the imposition of one or more of the taxes, fees, rates, charges, levies or assessments described in sections 2 and 3 of this act to fund the approved flood management projects of the flood management authority. If such a resolution is adopted, the committee must be appointed consisting of:

      (a) The chief executive officer of the flood management authority, who serves ex officio, or his or her designee.

      (b) One Senator whose legislative district includes all or part of the flood management authority. If the legislative district of more than one Senator includes the flood management authority, those Senators shall jointly appoint the member to serve.

      (c) One member of the Assembly whose legislative district includes all or part of the flood management authority. If the legislative district of more than one member of the Assembly includes the flood management authority, those members of the Assembly shall jointly appoint the member to serve.

      (d) One member who is a representative of the Nevada Association of Realtors, or its successor, appointed by that Association.

      (e) One member who is a representative of the Retail Association of Nevada, or its successor, appointed by that Association.

      (f) One member appointed by the board of county commissioners.

 


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      (g) If the county includes one or more cities, the mayor of each such city shall appoint a member to serve.

      (h) One member who is a representative of a labor organization, appointed by the State of Nevada AFL-CIO, or its successor.

      (i) One member of the general public, appointed by the Governor of the State of Nevada.

      (j) One member who represents economic development in the county, appointed by the regional development authority, as defined in NRS 231.009, for that county.

      (k) One member who represents gaming, appointed by the gaming association with the largest membership in the county or, if there are no members of a gaming association in the county, the governing body of the flood management authority.

      (l) One member who represents business or commercial interests, other than gaming, appointed by the local chamber of commerce with the largest membership in the county or, if there is no local chamber of commerce in the county, the governing body of the flood management authority.

      (m) One member who represents homebuilders in the county, appointed by the association of homebuilders with the largest membership in the county or, if there are no members of an association of homebuilders in the county, the governing body of the flood management authority.

      (n) One member who represents the largest airport in the county, if any, appointed by that airport’s governing board as a nonvoting member of the committee.

      (o) One member representing commercial developers in the county, appointed by the Northern Nevada Chapter of NAIOP Commercial Real Estate Development Association, or its successor.

      2.  The members appointed pursuant to paragraphs (f), (g) and (i) to (o), inclusive, of subsection 1 must be residents of the county.

      3.  Any vacancy occurring in the appointed membership of a committee established pursuant to subsection 1 must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      4.  If a committee is established pursuant to subsection 1, the committee shall hold its first meeting upon the call of the chief executive officer of the flood management authority as soon as practicable after the appointments are made pursuant to subsection 1. At the first meeting of the committee, the members of the committee shall elect a Chair.

      5.  A majority of the voting members of a committee established pursuant to subsection 1 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 committee.

      6.  If a committee is established pursuant to subsection 1, the chief executive officer of the flood management authority shall provide administrative support to the committee.

      7.  As used in this section, “flood management authority” has the meaning ascribed to it in NRS 244A.0293.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, if a flood control project needs committee is established pursuant to subsection 1 of section 1 of this act, the committee shall, on or before April 2, 2018:

      (a) Prepare recommendations for the imposition of one or more of the taxes, fees, rates, charges, levies or assessments described in this section and section 3 of this act, or any combination thereof, in the county to provide funding to the flood management authority for one or more approved flood management projects, as defined in NRS 244A.0297.

 


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funding to the flood management authority for one or more approved flood management projects, as defined in NRS 244A.0297. The recommendations:

             (1) Must include a proposal for the imposition of a fee, rate or charge that the governing body of a flood management authority is authorized to impose for services or facilities rendered by the flood management project pursuant to NRS 244A.063 and 268.738 and any interlocal agreement entered into pursuant to chapter 277 of NRS;

             (2) May include a proposal for the imposition of one or more of the taxes, fees, levies or assessments described in section 3 of this act in the county; and

             (3) Must specify the proposed rate or rates for each of the recommended taxes, fees, rates, charges, levies or assessments and may specify the period during which one or more of the recommended taxes, fees, rates, charges, levies or assessments will be imposed.

      (b) Submit the recommendations to the governing body of the flood management authority and the board of county commissioners.

      2.  If a flood control project needs committee is established pursuant to subsection 1 of section 1 of this act and the committee is unable to develop the recommendations required by subsection 1 because of a lack of sufficient documentation or technical information necessary to develop such recommendations, the committee may dissolve itself without submitting the recommendations required by subsection 1. If the committee dissolves itself pursuant to this subsection, the committee must submit the report required by paragraph (b) of subsection 1 of section 5 of this act and include in the report a summary of the meetings conducted by the committee and the reason that the committee was unable to develop the recommendations required by subsection 1.

      3.  Upon the receipt of recommendations pursuant to subsection 1:

      (a) The governing body of a flood management authority shall impose the fee, rate or charge recommended pursuant to subparagraph (1) of paragraph (a) of subsection 1 at the rate or rates and for the period or periods specified in the recommendations submitted pursuant to subsection 1, if the period was specified in those recommendations. The fee, rate or charge must be administered and enforced in the same manner as similar fees, rates or charges imposed pursuant to NRS 244A.063 and 268.738 and any interlocal agreement entered into pursuant to chapter 277 of NRS.

      (b) The board of county commissioners shall, at the General Election on November 6, 2018, submit a question to the voters of the county asking whether any of the taxes, fees, levies or assessments recommended pursuant to subparagraph (2) of paragraph (a) of subsection 1 should be imposed in the county. The question submitted to the voters of the county must specify the proposed rate or rates for each of the recommended taxes, fees, levies or assessments and the period during which each of the recommended taxes, fees, levies or assessments will be imposed, if the period was specified in the recommendations submitted pursuant to subsection 1. If the question submitted to the voters pursuant to this subsection asks the voters of the county whether to impose the tax described in subsection 4 of section 3 of this act or any other property tax, the question must state that any such tax imposed is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724.

 


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      4.  If a majority of the voters voting on the question submitted to the voters pursuant to paragraph (b) of subsection 3 vote affirmatively on the question:

      (a) The board of county commissioners shall impose the recommended taxes, fees, levies or assessments in accordance with the provisions of section 3 of this act and at the rate or rates specified in the question submitted to the voters pursuant to paragraph (b) of subsection 3.

      (b) If the question recommended the imposition of the tax described in subsection 4 of section 3 of this act or any other property tax:

             (1) Any such tax imposed is exempt from each partial abatement from taxation provided pursuant to NRS 361.4722, 361.4723 and 361.4724.

             (2) The provisions of NRS 361.453 do not apply to any such tax imposed.

      5.  The taxes, fees, rates, charges, levies and assessments imposed pursuant to this section must be imposed notwithstanding the provisions of any specific statute to the contrary and, except as otherwise specifically provided in sections 1 to 4, inclusive, of this act, such taxes, fees, rates, charges, levies and assessments are not subject to any limitations set forth in any statute which authorizes the board of county commissioners to impose such taxes, fees, rates, charges, levies and assessments, including, without limitation, any limitations on the maximum rate or rates which may be imposed or the duration of the period during which such taxes, fees, rates, charges, levies and assessments may be imposed.

      Sec. 3.  1.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending the imposition of a tax on the gross receipts from the rental of transient lodging, in addition to all other taxes imposed on the revenue from the rental of transient lodging, the board of county commissioners shall impose a tax on the gross receipts from the rental of transient lodging at the rate specified in the question presented to the voters pursuant to section 2 of this act. The tax must be imposed throughout the county, including its incorporated cities, upon all persons in the business of providing transient lodging. The tax must be administered and enforced in the same manner as similar taxes imposed pursuant to chapter 244 of NRS on the revenue from the rental of transient lodging are administered and enforced.

      2.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending the imposition of a supplemental governmental services tax for the privilege of operating a vehicle upon the public streets, roads and highways of the county, the board of county commissioners shall, in addition to any supplemental governmental services tax imposed pursuant to NRS 371.043 or 371.045, impose a supplemental governmental services tax at the rate specified in the question presented to the voters pursuant to section 2 of this act on each vehicle based in the county except:

      (a) A vehicle exempt from the governmental services tax pursuant to chapter 371 of NRS; or

      (b) A vehicle subject to NRS 706.011 to 706.861, inclusive, which is engaged in interstate or intercounty operations.

Ê The tax must be administered and enforced in the same manner as the taxes imposed pursuant to NRS 371.043 and 371.045 are administered and enforced.

 


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ê2017 Statutes of Nevada, Page 3993 (Chapter 557, AB 375)ê

 

      3.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending the imposition of a tax on transfers of real property, in addition to all other taxes imposed on transfers of real property pursuant to chapter 375 of NRS, the board of county commissioners shall impose a tax at the rate specified in the question presented to the voters pursuant to section 2 of this act on each deed by which any lands, tenements or other realty is granted, assigned, transferred or otherwise conveyed to, or vested in, another person, or land sale installment contract, if the consideration or value of the interest or property conveyed exceeds $100. The amount of the tax must be computed on the basis of the value of the real property that is the subject of the transfer or land sale installment contract as declared pursuant to NRS 375.060. The county recorder shall collect the tax in the manner provided in NRS 375.030.

      4.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending an increase in the rate of the tax levied in accordance with NRS 361.460, the board of county commissioners shall, in addition to any tax levied in accordance with NRS 361.460, levy a tax on the assessed valuation of taxable property within the county in the amount described in the question presented to the voters pursuant to section 2 of this act. The tax must be administered and enforced in the same manner as the tax imposed pursuant to NRS 361.460 is administered and enforced.

      5.  Upon approval of the registered voters of a county voting on a question presented to the voters pursuant to section 2 of this act recommending the imposition of any other tax, fee, levy or assessment not described in subsections 1 to 4, inclusive, that the county is authorized under the law of this State to impose, the board of county commissioners shall levy or otherwise impose such a tax, fee, levy or assessment at the rate or rates specified in the question presented to the voters pursuant to section 2 of this act. Each tax, fee, levy or assessment must be administered and enforced as provided for under the laws of this State.

      Sec. 4.  The proceeds of any taxes, fees, rates, charges, levies and assessments imposed pursuant to sections 2 and 3 of this act:

      1.  Must be deposited in the flood management authority’s fund for flood management projects to be held and, except as otherwise provided in subsection 2, expended to pay the costs of one or more of the approved flood management projects set forth in NRS 244A.0297.

      2.  May be pledged to the payment of principal and interest on bonds or other obligations issued for one or more of the approved flood management projects set forth in NRS 244A.0297. The proceeds of such taxes, fees, rates, charges, levies and assessments so pledged may be treated as pledged revenues for the purposes of subsection 3 of NRS 350.020, and the governing body of the flood management authority may issue bonds for those purposes in accordance with the provisions of chapter 350 of NRS.

      Sec. 5.  1.  If a flood control project needs committee is established pursuant to subsection 1 of section 1 of this act, the committee shall, not later than 18 months after the date of the first meeting of the committee:

      (a) Conduct meetings at which the committee receives information and evidence concerning the issue of flooding in areas of the county not covered by a plan for protection against floods which is adopted by the flood management authority of the county, regardless of the source or cause of such flooding; and

 


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ê2017 Statutes of Nevada, Page 3994 (Chapter 557, AB 375)ê

 

by a plan for protection against floods which is adopted by the flood management authority of the county, regardless of the source or cause of such flooding; and

      (b) Submit a report to the Governor, the Director of the Legislative Counsel Bureau for transmission to the next session of the Legislature, the regional planning commission in the jurisdiction of the flood management authority, the board of county commissioners, the city council or other governing body of each incorporated city in the county and the governing body of the flood management authority. The report must contain:

             (1) A summary of any existing flood management plans adopted by the county or an incorporated city located within the county, including, without limitation, any policy or capital improvement recommendations included in such plans;

             (2) A description of the areas of the county which are most affected by flooding and which are not covered by the plan for protection against floods which is adopted by the flood management authority of the county;

             (3) A description of the source of flooding in the areas of the county described pursuant to subparagraph (2);

             (4) A compilation of projects suggested in existing community planning documents that would address known areas of flooding in the county;

             (5) Recommendations for flood protection or mitigation measures for known sources of flooding and sources of flooding identified during the course of the meetings conducted pursuant to paragraph (a); and

             (6) Recommendations of issues that need further study and modeling.

      2.  As used in this section, “flood management authority” has the meaning ascribed to it in NRS 244A.0293.

      Sec. 6.  1.  This act becomes effective upon passage and approval.

      2.  Section 1 of this act expires by limitation on April 2, 2018.

________

CHAPTER 558, AB 421

Assembly Bill No. 421–Assemblyman Ohrenschall

 

CHAPTER 558

 

[Approved: June 12, 2017]

 

AN ACT relating to corrections; requiring the coordination of certain care for a prisoner to be arranged by a sheriff, chief of police or town marshal in certain counties and the Department of Health and Human Services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes upon sheriffs, chiefs of police and town marshals certain duties relating to the control and care of prisoners in their custody. (NRS 211.140) This bill requires, in a county whose population is 700,000 or more (currently Clark County), a sheriff, chief of police or town marshal, in collaboration with the Department of Health and Human Services, for the purpose of maintaining continuity of care, to arrange for the coordination of certain care provided to a prisoner while the prisoner is in custody. This bill requires the Department to arrange for the coordination of such care after the prisoner is released from custody. This bill also requires each such sheriff and the Director of the Department to report to the Legislative Committee on Health Care regarding such collaboration and coordination.

 


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ê2017 Statutes of Nevada, Page 3995 (Chapter 558, AB 421)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3. (Deleted by amendment.)

      Sec. 4. NRS 211.140 is hereby amended to read as follows:

      211.140  1.  The sheriff of each county has charge and control over all prisoners committed to his or her care in the respective county jails, and the chiefs of police and town marshals in the several cities and towns throughout this State have charge and control over all prisoners committed to their respective city and town jails and detention facilities.

      2.  A court shall not, at the request of any prisoner in a county, city or town jail, issue an order which affects the conditions of confinement of the prisoner unless, except as otherwise provided in this subsection, the court provides the sheriff, chief of police or town marshal having control over the prisoner with:

      (a) Sufficient prior notice of the court’s intention to enter the order. Notice by the court is not necessary if the prisoner has filed an action with the court challenging his or her conditions of confinement and has served a copy of the action on the sheriff, chief of police or town marshal.

      (b) An opportunity to be heard on the issue.

Ê As used in this subsection, “conditions of confinement” includes, but is not limited to, a prisoner’s access to the law library, privileges regarding visitation and the use of the telephone, the type of meals provided to the prisoner and the provision of medical care in situations which are not emergencies.

      3.  The sheriffs, chiefs of police and town marshals shall see that the prisoners under their care are kept at labor for reasonable amounts of time within the jail or detention facility, on public works in the county, city or town, or as part of a program of release for work established pursuant to NRS 211.120 or 211.171 to 211.200, inclusive.

      4.  The sheriff, chief of police or town marshal shall arrange for the administration of medical care required by prisoners while in his or her custody. The county, city or town shall pay the cost of appropriate medical:

      (a) Treatment provided to a prisoner while in custody for injuries incurred by a prisoner while the prisoner is in custody and for injuries incurred during the prisoner’s arrest for commission of a public offense if the prisoner is not convicted of that offense;

      (b) Treatment provided to a prisoner while in custody for any infectious, contagious or communicable disease which the prisoner contracts while the prisoner is in custody; and

      (c) Examinations required by law or by court order conducted while the prisoner is in custody unless the order otherwise provides.

      5.  A prisoner shall pay the cost of medical treatment for:

      (a) Injuries incurred by the prisoner during his or her commission of a public offense or for injuries incurred during his or her arrest for commission of a public offense if the prisoner is convicted of that offense;

      (b) Injuries or illnesses which existed before the prisoner was taken into custody;

      (c) Self-inflicted injuries; and

 


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      (d) Except treatment provided pursuant to subsection 4, any other injury or illness incurred by the prisoner.

      6.  A medical facility furnishing treatment pursuant to subsection 5 shall attempt to collect the cost of the treatment from the prisoner or the prisoner’s insurance carrier. If the facility is unable to collect the cost and certifies to the appropriate board of county commissioners that it is unable to collect the cost of the medical treatment, the board of county commissioners shall pay the cost of the medical treatment.

      7.  A sheriff, chief of police or town marshal who arranges for the administration of medical care pursuant to this section may attempt to collect from the prisoner or the insurance carrier of the prisoner the cost of arranging for the administration of medical care including the cost of any transportation of the prisoner for the purpose of medical care. The prisoner shall obey the requests of, and fully cooperate with the sheriff, chief of police or town marshal in collecting the costs from the prisoner or the prisoner’s insurance carrier.

      8.  In a county whose population is 700,000 or more:

      (a) While a prisoner is in custody, a sheriff, chief of police or town marshal, in collaboration with the Department of Health and Human Services and the various divisions thereof, for the purpose of maintaining continuity of care, shall arrange for the coordination of the care for mental health and substance abuse treatment provided to the prisoner by all providers of such care in the county, city or town jail or detention facility.

      (b) After a prisoner is released from custody:

             (1) The Department and the various divisions thereof shall arrange for the coordination of the care for mental health and substance abuse treatment provided to the prisoner.

             (2) The sheriff, chief of police or town marshal is no longer responsible for arranging the coordination of such care.

      9.  Each sheriff described in subsection 8, or his or her representative, and the Director of the Department of Health and Human Services, or his or her representative, shall, at the request of the Legislative Committee on Health Care, appear before the Committee during the legislative interim to report on the collaboration and coordination provided pursuant to subsection 8.

      10.  Mental health and substance abuse treatment provided pursuant to subsection 8 may include any medication that has been:

      (a) Approved by the United States Food and Drug Administration; and

      (b) Prescribed by a treating physician as medically necessary for use by the prisoner to address mental health or substance abuse issues.

      Secs. 5-9. (Deleted by amendment.)

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

________

 


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ê2017 Statutes of Nevada, Page 3997ê

 

CHAPTER 559, SB 203

Senate Bill No. 203–Committee on Judiciary

 

CHAPTER 559

 

[Approved: June 12, 2017]

 

AN ACT relating to business associations; expressing the intent of the Legislature concerning the law of domestic corporations; revising the presumption against negligence for the actions of corporate directors and officers; clarifying the factors that may be considered by corporate directors and officers in the exercise of their respective powers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, with certain exceptions, a director or officer of a domestic corporation is presumed not to be individually liable to the corporation or its stockholders or creditors for damages unless: (1) an act or failure to act of the director or officer was a breach of his or her fiduciary duties; and (2) such breach involved intentional misconduct, fraud or a knowing violation of law. (NRS 78.138)

      Section 4 of this bill specifies that to establish liability on the part of a corporate director or officer requires: (1) a rebuttal of this presumption; and (2) a breach of a fiduciary duty accompanied by intentional misconduct, fraud or a knowing violation of law. Sections 4 and 5 of this bill clarify the factors that a director or officer of a domestic corporation is entitled to consider in exercising his or her respective powers in certain circumstances, including, without limitation, resisting a change or potential change in the control of a corporation.

      Section 2 of this bill expresses the intent of the Legislature regarding the law of domestic corporations, including that the laws of other jurisdictions must not supplant or modify Nevada law.

 

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

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

      1.  It is important to the economy of this State, and to domestic corporations, their directors and officers, and their stockholders, employees, creditors and other constituencies, for the laws governing domestic corporations to be clear and comprehensible.

      2.  The laws of this State govern the incorporation and internal affairs of a domestic corporation and the rights, privileges, powers, duties and liabilities, if any, of its directors, officers and stockholders.

      3.  The plain meaning of the laws enacted by the Legislature in this title, including, without limitation, the fiduciary duties and liability of the directors and officers of a domestic corporation set forth in NRS 78.138 and 78.139, must not be supplanted or modified by laws or judicial decisions from any other jurisdiction.

      4.  The directors and officers of a domestic corporation, in exercising their duties under NRS 78.138 and 78.139, may be informed by the laws and judicial decisions of other jurisdictions and the practices observed by business entities in any such jurisdiction, but the failure or refusal of a director or officer to consider, or to conform the exercise of his or her powers to, the laws, judicial decisions or practices of another jurisdiction does not constitute or indicate a breach of a fiduciary duty.

 


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ê2017 Statutes of Nevada, Page 3998 (Chapter 559, SB 203)ê

 

director or officer to consider, or to conform the exercise of his or her powers to, the laws, judicial decisions or practices of another jurisdiction does not constitute or indicate a breach of a fiduciary duty.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4. NRS 78.138 is hereby amended to read as follows:

      78.138  1.  [Directors] The fiduciary duties of directors and officers [shall] are to exercise their respective powers in good faith and with a view to the interests of the corporation.

      2.  In [performing] exercising their respective [duties,] powers, directors and officers may, and are entitled to , rely on information, opinions, reports, books of account or statements, including financial statements and other financial data, that are prepared or presented by:

      (a) One or more directors, officers or employees of the corporation reasonably believed to be reliable and competent in the matters prepared or presented;

      (b) Counsel, public accountants, financial advisers, valuation advisers, investment bankers or other persons as to matters reasonably believed to be within the preparer’s or presenter’s professional or expert competence; or

      (c) A committee on which the director or officer relying thereon does not serve, established in accordance with NRS 78.125, as to matters within the committee’s designated authority and matters on which the committee is reasonably believed to merit confidence,

Ê but a director or officer is not entitled to rely on such information, opinions, reports, books of account or statements if the director or officer has knowledge concerning the matter in question that would cause reliance thereon to be unwarranted.

      3.  [Directors] Except as otherwise provided in subsection 1 of NRS 78.139, directors and officers, in deciding upon matters of business, are presumed to act in good faith, on an informed basis and with a view to the interests of the corporation. A director or officer is not individually liable for damages as a result of an act or failure to act in his or her capacity as a director or officer except under circumstances described in subsection 7.

      4.  Directors and officers, in exercising their respective powers with a view to the interests of the corporation, may : [consider:]

      (a) Consider all relevant facts, circumstances, contingencies or constituencies, including, without limitation:

             (1) The interests of the corporation’s employees, suppliers, creditors [and] or customers;

      [(b)](2) The economy of the State [and] or Nation;

      [(c)](3) The interests of the community [and] or of society; [and

      (d)](4) The long-term [as well as] or short-term interests of the corporation [and its] , including the possibility that these interests may be best served by the continued independence of the corporation; or

             (5) The long-term or short-term interests of the corporation’s stockholders, including the possibility that these interests may be best served by the continued independence of the corporation.

      (b) Consider or assign weight to the interests of any particular person or group, or to any other relevant facts, circumstances, contingencies or constituencies.

 


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ê2017 Statutes of Nevada, Page 3999 (Chapter 559, SB 203)ê

 

      5.  Directors and officers are not required to consider , as a dominant factor, the effect of a proposed corporate action upon any particular group or constituency having an interest in the corporation . [as a dominant factor.]

      6.  The provisions of subsections 4 and 5 do not create or authorize any causes of action against the corporation or its directors or officers.

      7.  Except as otherwise provided in NRS 35.230, 90.660, 91.250, 452.200, 452.270, 668.045 and 694A.030, or unless the articles of incorporation or an amendment thereto, in each case filed on or after October 1, 2003, provide for greater individual liability, a director or officer is not individually liable to the corporation or its stockholders or creditors for any damages as a result of any act or failure to act in his or her capacity as a director or officer unless [it] :

      (a) The trier of fact determines that the presumption established by subsection 3 has been rebutted; and

      (b) It is proven that:

      [(a)](1)The director’s or officer’s act or failure to act constituted a breach of his or her fiduciary duties as a director or officer; and

      [(b) The]

             (2) Such breach [of those duties] involved intentional misconduct, fraud or a knowing violation of law.

      8.  This section applies to all cases, circumstances and matters unless otherwise provided in the articles of incorporation, or an amendment thereto, including, without limitation, any change or potential change in control of the corporation.

      Sec. 5. NRS 78.139 is hereby amended to read as follows:

      78.139  1.  [Except as otherwise provided in subsection 2 or the articles of incorporation, directors and officers, in connection with a change or potential change in control of the corporation, have:

      (a) The duties imposed upon them by subsection 1 of NRS 78.138;

      (b) The benefit of the presumptions established by subsection 3 of NRS 78.138; and

      (c) The prerogative to undertake and act upon consideration pursuant to subsections 2, 4 and 5 of NRS 78.138.

      2.]  If directors or officers take action to resist a change or potential change in control of a corporation, which action impedes the exercise of the right of stockholders to vote for or remove directors:

      (a) The directors must have reasonable grounds to believe that a threat to corporate policy and effectiveness exists; and

      (b) The action taken which impedes the exercise of the stockholders’ rights must be reasonable in relation to that threat.

Ê If those facts are found, the directors and officers have the benefit of the presumption established by subsection 3 of NRS 78.138.

      [3.] 2.  The provisions of subsection [2] 1 do not apply to:

      (a) Actions that only affect the time of the exercise of stockholders’ voting rights; or

      (b) The adoption or signing of plans, arrangements or instruments that deny rights, privileges, power or authority to a holder of a specified number or fraction of shares or fraction of voting power.

      [4.] 3.  The provisions of subsections 1 and 2 [and 3] do not permit directors or officers to abrogate any right conferred by [statute] the laws of this State or the articles of incorporation.

 


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ê2017 Statutes of Nevada, Page 4000 (Chapter 559, SB 203)ê

 

      [5.  Directors]

      4.  Without limiting the provisions of NRS 78.138, a director may resist a change or potential change in control of the corporation if the board of directors [by a majority vote of a quorum determine] determines that the change or potential change is opposed to or not in the best interest of the corporation [:

      (a) Upon] upon consideration of [the interests of the corporation’s stockholders or any of the matters set forth in] any relevant facts, circumstances, contingencies or constituencies pursuant to subsection 4 of NRS 78.138 [; or

      (b) Because] , including, without limitation, the amount or nature of the indebtedness and other obligations to which the corporation or any successor to the property of either may become subject, in connection with the change or potential change, provides reasonable grounds to believe that, within a reasonable time:

             [(1)](a) The assets of the corporation or any successor would be or become less than its liabilities;

             [(2)](b) The corporation or any successor would be or become insolvent; or

             [(3)](c) Any voluntary or involuntary proceeding concerning the corporation or any successor would be commenced by any person pursuant to the federal bankruptcy laws.

      Secs. 6 and 7. (Deleted by amendment.)

________

CHAPTER 560, SB 209

Senate Bill No. 209–Committee on Commerce, Labor and Energy

 

CHAPTER 560

 

[Approved: June 12, 2017]

 

AN ACT relating to insurance; authorizing the Commissioner of Insurance to accept an independent audit in lieu of an examination of a nonprofit organization of surplus lines brokers; limiting when a surplus lines broker may charge a fee; authorizing the Commissioner to adopt regulations for the charging and collection of certain fees for the purchase of individual or group life or health insurance or an individual or group annuity; authorizing an employee or authorized representative of a vendor to receive certain compensation relating to offering portable electronics insurance; revising provisions relating to the termination of the membership of a member of an association of self-insured public or private employers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Commissioner of Insurance to make an examination of the affairs, transactions, accounts, records and assets of a nonprofit organization of surplus lines brokers. (NRS 685A.075) Section 7 of this bill authorizes the Commissioner to accept the report of an independent audit in lieu of an examination if the Commissioner deems an independent audit to be in the best interest of the residents of this State.

 


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ê2017 Statutes of Nevada, Page 4001 (Chapter 560, SB 209)ê

 

      Existing law authorizes a surplus lines broker to charge a fee for procuring surplus lines coverage. (NRS 685A.155) Section 8 of this bill limits existing law by only authorizing a broker who places any insurance coverage with an authorized insurer to charge a fee for procuring surplus lines coverage.

      Existing law authorizes the Commissioner to adopt regulations to allow for the charging and collection of a fee by an insurance broker, consultant or financial planner for consultation or related advice on the purchase of life or health insurance or an annuity. (NRS 686A.230) Section 11 of this bill clarifies existing law by authorizing the Commissioner to adopt regulations to allow for the charging and collection of a fee by an insurance broker, consultant or financial planner for consultation or related advice on the purchase of individual or group life or health insurance or an individual or group annuity.

      Section 12 of this bill authorizes an employee or authorized representative of a vendor to receive from the vendor certain incidental compensation relating to offering coverage and enrolling a customer under a policy of portable electronics insurance. Section 6 of this bill makes conforming changes.

      Existing law authorizes the Commissioner, with the approval of the State Board of Examiners, to enter into a multi-state agreement to preserve the ability of this State to collect premium tax on multi-state risks. (NRS 685A.185) Section 13 of this bill repeals this provision. Sections 9 and 10 of this bill make conforming changes.

      Existing law sets forth that an employer who is a member of an association of self-insured public or private employers may terminate his or her membership at any time, as long as the member submits to the association a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. Existing law further requires this notice of intent to withdraw to include a statement indicating that the member has replaced his or her membership in the association with a certain other type of insurance. (NRS 616B.386) Section 12.5 of this bill amends existing law by requiring that the notice of intent to withdraw be deemed rescinded if the member does not provide to the association before the expiration of the 120-day period proof that the member has replaced his or her membership in the association with a certain other type of insurance.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-5. (Deleted by amendment.)

      Sec. 6. NRS 683A.325 is hereby amended to read as follows:

      683A.325  1.  Except as otherwise provided in NRS 683A.3687 [,] or 691D.220, a producer of insurance who is appointed as an agent may pay a commission or compensation for or on account of the selling, soliciting, procuring or negotiating of insurance in this State only to a licensed and appointed producer of insurance of the insurer with whom insurance was placed or to a licensed producer acting as a broker.

      2.  A licensee shall not accept any commission or compensation to which the licensee is not entitled pursuant to the provisions of this title.

      Sec. 7. NRS 685A.075 is hereby amended to read as follows:

      685A.075  1.  A nonprofit organization of surplus lines brokers may be formed to:

      (a) Facilitate and encourage compliance by its members with the laws of this State and the rules and regulations of the Commissioner concerning surplus lines insurance;

      (b) Provide a means for the review of all surplus lines coverage written in this State;

 


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ê2017 Statutes of Nevada, Page 4002 (Chapter 560, SB 209)ê

 

      (c) Communicate with organizations of admitted insurers with respect to the proper use of the surplus lines market;

      (d) Receive and disseminate to brokers information relative to surplus lines coverages; and

      (e) Charge members a filing fee, approved by the Commissioner, for the review of surplus lines coverages.

      2.  Every such organization shall exercise its powers through a board of directors and shall file with the Commissioner:

      (a) A copy of its constitution, articles of agreement or association or certificate of incorporation;

      (b) A copy of its bylaws, rules and regulations governing its activities;

      (c) A copy of its plan of operations established and approved by the Commissioner;

      (d) A current list of its members;

      (e) The name and address of a resident of this State upon whom notices or orders of the Commissioner or processes issued at the direction of the Commissioner may be served; and

      (f) An agreement that the Commissioner may examine the organization in accordance with the provisions of this section.

      3.  The Commissioner shall make an examination of the affairs, transactions, accounts, records and assets of such an organization and any of its members as often as the Commissioner deems necessary for the protection of the interests of the people of this State, but no less frequently than once every 3 years. The officers, managers, agents and employees of such an organization may be examined at any time, under oath, and shall provide to the Commissioner all books, records, accounts, documents or agreements governing its method of operation. The Commissioner shall furnish two copies of the examination report to the organization examined and shall notify the organization that it may, within 20 days thereof, request a hearing on the report or on any facts or recommendations set forth therein. If the Commissioner finds such an organization or any member thereof to be in violation of this chapter, the Commissioner may, in addition to any administrative fine or penalty imposed pursuant to this Code, issue an order requiring the discontinuance of such violations. In lieu of an examination conducted pursuant to this subsection, the Commissioner may accept the report of an independent audit of such an organization if the Commissioner deems that an independent audit is in the best interest of the residents of this State.

      4.  The board of directors of such an organization must consist of not fewer than five persons. The members of the board must be appointed by the Commissioner and serve at the pleasure of the Commissioner.

      5.  A broker must be a member of such an organization as a condition of continued licensure under this chapter.

      Sec. 8. NRS 685A.155 is hereby amended to read as follows:

      685A.155  A broker who places any insurance coverage with an authorized insurer pursuant to subsection 3 of NRS 685A.060 may charge a fee for procuring surplus lines coverage. Except as otherwise provided by agreement between the insurer and broker, the fee must not exceed 20 percent of the premium charged, after deduction of any other commissions, fees and charges payable to the broker.

 


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ê2017 Statutes of Nevada, Page 4003 (Chapter 560, SB 209)ê

 

      Sec. 9. NRS 685A.175 is hereby amended to read as follows:

      685A.175  1.  A broker who has written coverage for which this State is the insured’s home state shall pay, by the date described in subsection 2, the tax for each calendar quarter as directed by the Commissioner and shall file as directed by the Commissioner a copy of a quarterly report which includes an accounting of:

      (a) The aggregate gross premiums for the quarter;

      (b) The aggregate of the return premiums received; and

      (c) The amount of tax remitted to the Commissioner . [; and

      (d) The distribution of the exposures of insureds by state in accordance with the requirements of any multi-state agreement entered into by the Commissioner pursuant to NRS 685A.185.]

Ê The report must be on a form approved by the Commissioner.

      2.  The tax filings and payments required by subsection 1 must be submitted by:

      (a) February 15 for the calendar quarter ending the preceding December 31.

      (b) May 15 for the calendar quarter ending the preceding March 31.

      (c) August 15 for the calendar quarter ending the preceding June 30.

      (d) November 15 for the calendar quarter ending the preceding September 30.

      Sec. 10. NRS 685A.180 is hereby amended to read as follows:

      685A.180  1.  [Except as otherwise provided in subsection 6, on] On or before the date described in subsection 2 of NRS 685A.175 for each quarter, each broker shall pay as directed by the Commissioner a tax on surplus lines coverages for which this State is the insured’s home state written by the broker in unauthorized insurers during the preceding calendar quarter at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers, in addition to any fees imposed pursuant to NRS 685A.075.

      2.  [Except as otherwise provided in subsection 6, on] On or before the date described in subsection 2 of NRS 685A.175 for each quarter, each insured for which this State is the home state shall pay as directed by the Commissioner a tax on independently procured insurance written for the insured by an unauthorized insurer during the preceding calendar quarter at the same rate of tax as imposed by law on the premiums of similar coverages written by authorized insurers, in addition to any fees imposed pursuant to NRS 685A.075.

      3.  For the purposes of this section, the “premium” on surplus lines coverages includes:

      (a) The gross amount charged by the insurer for the insurance, less any return premium;

      (b) Any fee allowed by NRS 685A.155;

      (c) Any policy fee;

      (d) Any membership fee;

      (e) Any inspection fee; and

      (f) Any other fees or assessments charged by the insurer as consideration for the insurance.

Ê Premium does not include any additional amount charged for state or federal tax, or for executing or completing affidavits or reports of coverage.

 


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      4.  All taxes collected as directed by the Commissioner pursuant to this section [and not intended for disbursement to other states by a clearinghouse established through any multi-state agreement entered into by the Commissioner pursuant to NRS 685A.185] must be promptly deposited with the State Treasurer [,] to the credit of the State General Fund.

      5.  A broker who receives a credit for tax paid shall refund to each insured the amount of the credit attributable to the insured when the insurer pays a return premium or within 30 days, whichever is earlier.

      [6.  If the Commissioner has entered into a multi-state agreement pursuant to NRS 685A.185, the Commissioner may require that each broker who has written surplus line coverages for multi-state risks for which this State is the insured’s home state and each insured for which this State is the home state who has obtained independently procured insurance for multi-state risks pay a premium tax:

      (a) For the portion of the premium allocated to Nevada, at the tax rate applicable to nonadmitted insurance pursuant to this chapter;

      (b) For the portion of the premium allocated to any other state that also participates in the multi-state agreement, at the tax rate applicable to nonadmitted insurance as established by that state; and

      (c) For the portion of the premium allocated to any other state that does not participate in the multi-state agreement, at the tax rate applicable to nonadmitted insurance pursuant to this chapter. The tax for this portion of the premium must be deposited with the State Treasurer, to the credit of the State General Fund, after it is processed by the clearinghouse established through the multi-state agreement.]

      Sec. 11. NRS 686A.230 is hereby amended to read as follows:

      686A.230  1.  A person shall not willfully collect any sum as a premium or charge for insurance which is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as authorized by this Code.

      2.  Except as otherwise provided in subsection 3, a person shall not willfully collect as a premium or charge for insurance any sum in excess of the premium or charge applicable to the insurance and as specified in the policy, in accordance with the applicable classifications and rates as filed with and approved by the Commissioner. In cases where classifications, premiums or rates are not required by this Code to be so filed and approved, the premiums and charges must not be in excess of those specified in the policy and as fixed by the insurer. This subsection does not prohibit:

      (a) The charging and collection by surplus lines brokers licensed under chapter 685A of NRS of the amount permitted by chapter 685A of NRS and regulations adopted by the Commissioner.

      (b) The charging and collection by a life insurer of amounts actually to be expended for the medical examination of any applicant for life insurance or for reinstatement of a life insurance policy.

      3.  The Commissioner may adopt regulations to allow the charging and collection of a fee by an insurance broker, consultant or financial planner:

      (a) In lieu of any other charge or commission for solicitation, negotiation or procurement of a policy of insurance which covers commercial or business risks;

      (b) For consultation or any related advice on the insuring of commercial or business risks which does not result in the procurement of a policy of insurance; and

 


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      (c) For consultation or related advice on the purchase of individual or group life or health insurance or an individual or group annuity, whether or not it results in the purchase of a policy of insurance or annuity. In such a case, the fee must be set forth in a written contract signed by the client before the consultation begins.

      4.  An agent or broker who provides consultation or related advice pursuant to this section shall do so pursuant to a written contract specifying the compensation the agent or broker will receive. The compensation may be in addition to or in lieu of a commission and is not a premium as defined in NRS 679A.115.

      Sec. 12. NRS 691D.220 is hereby amended to read as follows:

      691D.220  1.  Notwithstanding any other provision of law, an employee or authorized representative of a vendor that holds a license as a producer of insurance in portable electronics insurance issued by the Commissioner pursuant to NRS 683A.261 or 683A.271 may, without a license issued by the Commissioner, sell or offer coverage under a policy of portable electronics insurance at any location at which the vendor does business if:

      (a) The employee or authorized representative of the vendor sells or offers coverage under a policy of portable electronics insurance only on behalf of, and under the supervision of, the vendor; and

      (b) Before the employee or authorized representative of the vendor sells or offers coverage under a policy of portable electronics insurance, he or she completes a program of training provided by the vendor pursuant to NRS 691D.300.

      2.  An employee or authorized representative of a vendor who sells or offers coverage under a policy of portable electronics insurance pursuant to this section shall not advertise, represent or otherwise hold himself or herself out as a licensed producer of insurance unless the person is licensed as a producer of insurance.

      3.  An employee or authorized representative of a vendor who offers to a customer coverage under a policy of portable electronics insurance pursuant to this section and enrolls the customer under the policy may receive from the vendor compensation that is:

      (a) Incidental to the overall compensation received by the employee or authorized representative of the vendor; and

      (b) Relating to the offering of the coverage and the enrolling of the customer under the policy of portable electronics insurance.

      Sec. 12.5. NRS 616B.386 is hereby amended to read as follows:

      616B.386  1.  If an employer wishes to become a member of an association of self-insured public or private employers, the employer must:

      (a) Submit an application for membership to the board of trustees or third-party administrator of the association; and

      (b) Enter into an indemnity agreement as required by NRS 616B.353.

      2.  The membership of the applicant becomes effective when each member of the association approves the application or on a later date specified by the association. The application for membership and the action taken on the application must be maintained as permanent records of the board of trustees.

      3.  Each member who is a member of an association during the 12 months immediately following the formation of the association must:

 


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      (a) Have a tangible net worth of at least $500,000; or

      (b) Have had a reported payroll for the previous 12 months which would have resulted in a manual premium of at least $15,000, calculated in accordance with a manual prepared pursuant to subsection 4 of NRS 686B.1765.

      4.  An employer who seeks to become a member of the association after the 12 months immediately following the formation of the association must meet the requirement set forth in paragraph (a) or (b) of subsection 3 unless the Commissioner adjusts the requirement for membership in the association after conducting an annual review of the actuarial solvency of the association pursuant to subsection 1 of NRS 616B.353.

      5.  An association of self-insured private employers may apply to the Commissioner for authority to determine the amount of tangible net worth and manual premium that an employer must have to become a member of the association. The Commissioner shall approve the application if the association:

      (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the Commissioner;

      (b) Has, as determined by the Commissioner, either:

             (1) A combined tangible net worth of all members in the association of at least $5,000,000; or

             (2) Combined net cash flows from operating activities plus net cash flows from financing activities of all members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less;

      (c) Has at least 15 members; and

      (d) Has not been required to meet informally with the Commissioner pursuant to subsection 1 of NRS 616B.431 during the 18-month period immediately preceding the date on which the association filed the application with the Commissioner or, if the association has been required to attend such a meeting during that period, has not had its certificate withdrawn before the date on which the association filed the application.

      6.  An association of self-insured private employers may apply to the Commissioner for authority to determine the documentation demonstrating solvency that an employer must provide to become a member of the association. The Commissioner shall approve the application if the association:

      (a) Has been certified to act as an association for at least the 3 consecutive years immediately preceding the date on which the association filed the application with the Commissioner;

      (b) Has, as determined by the Commissioner, either:

             (1) A combined tangible net worth of all members in the association of at least $5,000,000; or

             (2) Combined net cash flows from operating activities plus net cash flows from financing activities of all members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less; and

      (c) Has at least 15 members.

 

 


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      7.  The Commissioner may withdraw approval of an application submitted pursuant to subsection 5 or 6 if the Commissioner determines the association has ceased to comply with any of the requirements set forth in subsection 5 or 6, as applicable.

      8.  A member of an association of self-insured public or private employers may terminate his or her membership at any time. To terminate his or her membership, a member must submit to the association’s administrator a notice of intent to withdraw from the association at least 120 days before the effective date of withdrawal. The notice of intent to withdraw [must include a statement indicating] shall be deemed rescinded if the member does not provide to the association before the expiration of the 120-day period proof that the member has:

      (a) Been certified as a self-insured employer pursuant to NRS 616B.312;

      (b) Become a member of another association of self-insured public or private employers; or

      (c) Become insured by a private carrier.

      9.  The members of an association may cancel the membership of any member of the association in accordance with the bylaws of the association.

      10.  The association shall:

      (a) Within 30 days after the addition of an employer to the membership of the association, notify the Commissioner of the addition and:

             (1) If the association has not received authority from the Commissioner pursuant to subsection 5 or 6, as applicable, provide to the Commissioner all information and assurances for the new member that were required from each of the original members of the association upon its organization; or

             (2) If the association has received authority from the Commissioner pursuant to subsection 5 or 6, as applicable, provide to the Commissioner evidence that is satisfactory to the Commissioner that the new member is a member or associate member of the bona fide trade association as required pursuant to paragraph (a) of subsection 2 of NRS 616B.350, a copy of the indemnity agreement that jointly and severally binds the new member, the other members of the association and the association that is required to be executed pursuant to paragraph (a) of subsection 1 of NRS 616B.353 and any other information the Commissioner may reasonably require to determine whether the amount of security deposited with the Commissioner pursuant to paragraph (d) or (e) of subsection 1 of NRS 616B.353 is sufficient, but such information must not exceed the information required to be provided to the Commissioner pursuant to subparagraph (1);

      (b) Notify the Commissioner and the Administrator of the termination or cancellation of the membership of any member of the association within 10 days after the termination or cancellation; and

      (c) At the expense of the member whose membership is terminated or cancelled, maintain coverage for that member for 60 days after notice is given pursuant to paragraph (b), unless the association first receives notice from the Administrator that the member has:

             (1) Been certified as a self-insured employer pursuant to NRS 616B.312;

 

 

 


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             (2) Become a member of another association of self-insured public or private employers; or

             (3) Become insured by a private carrier.

      11.  If a member of an association changes his or her name or form of organization, the member remains liable for any obligations incurred or any responsibilities imposed pursuant to chapters 616A to 617, inclusive, of NRS under the member’s former name or form of organization.

      12.  An association is liable for the payment of any compensation required to be paid by a member of the association pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS during the member’s period of membership. The insolvency or bankruptcy of a member does not relieve the association of liability for the payment of the compensation.

      Sec. 13. NRS 685A.185 is hereby repealed.

      Sec. 14.  This act becomes effective on July 1, 2017.

________

CHAPTER 561, SB 212

Senate Bill No. 212–Senators Gansert, Ratti, Woodhouse, Hammond, Parks; Atkinson, Cancela, Denis, Farley, Ford, Goicoechea, Hardy, Harris, Kieckhefer, Manendo, Roberson, Segerblom and Settelmeyer

 

Joint Sponsors: Assemblywomen Benitez-Thompson; Joiner and Tolles

 

CHAPTER 561

 

[Approved: June 12, 2017]

 

AN ACT relating to the welfare of pupils; expanding the scope of the Safe-to-Tell Program; requiring the appointment of a team at each public school to receive reports from the Program; providing immunity from civil liability to such a team and its members; providing for the establishment of a support center to receive reports to the Program; requiring the Director of the Office for a Safe and Respectful Learning Environment of the Department of Education to provide certain training; requiring that certain plans used by schools in responding to a crisis or emergency include procedures for responding to a suicide of certain persons; authorizing a provider of mental health services to provide services to a school after a crisis, emergency or such a suicide; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Office for a Safe and Respectful Learning Environment of the Department of Education to establish the Safe-to-Tell Program. The Program enables any person to report anonymously to the Program any dangerous, violent or unlawful activity which occurs or is threatened on school property, at an activity sponsored by a public school or on a school bus. (NRS 388.1455) Sections 10 and 11 of this bill additionally allow a person to report to the Program any such activity which is conducted or threatened by a pupil who is enrolled at a public school.

 

 


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      Section 4 of this bill requires the appointment of a team of at least 3 members of the staff of each public school in this State to receive notice of any report submitted to the Program concerning the school. Section 4 also requires this team to include: (1) a school counselor, psychologist, social worker or similar person, if the school employs such a person on a full-time basis; and (2) a school administrator. Section 11 requires that information reported to the Program be promptly forwarded to the members of such a team, law enforcement agencies and certain other persons. Section 11 also requires the Director to provide to each member of such a team training concerning the appropriate response to such a report. Section 4.5 of this bill provides civil immunity to the team and the members of the team for any act or omission relating to the duties required pursuant to section 4 of this bill.

      Existing law authorizes the Director to enter into an agreement to operate a hotline or call center to receive reports through the Program. (NRS 388.1455) Section 11 requires the Director to establish and operate a support center, which includes, without limitation, a hotline, Internet website, mobile telephone application and text messaging application, or to enter into an agreement with a qualified organization to operate the support center, which includes, without limitation, a hotline, Internet website, mobile telephone application and text messaging application. Section 4 requires the board of trustees of a school district or the governing body of a charter school to ensure that the telephone number of the hotline is: (1) printed on the back of each identification card provided to a pupil or member of the staff of a public school; and (2) posted in a conspicuous manner in certain locations around the school. Section 5 of this bill establishes requirements concerning the operation of the support center. Section 11 requires the Director to provide to teachers, pupils, family members and certain other persons training concerning the procedure for making a report and collaborating to prevent dangerous, violent or unlawful activity.

      Existing law requires the board of trustees of a school district or the governing body of a charter school or a private school to establish a committee to develop a plan for schools in the school district or the charter school, as applicable, to use in responding to a crisis or emergency. (NRS 388.241, 388.243, 394.1685, 394.1687) Sections 14 and 27 of this bill require such a plan to also include provisions for making counseling and other services available to pupils after a crisis, emergency or suicide of a pupil, teacher or other member of the community of a school. Additionally, sections 14 and 27 require the committee, in developing such a plan, to conduct a survey of the resources, including counseling, that could be made available to assist with recovery from a crisis, emergency or suicide. Sections 13 and 26 of this bill make conforming changes.

      Existing law requires the Department to develop a model plan for the management of a crisis or emergency. (NRS 388.253) Section 18 of this bill requires the model plan to include procedures for providing pupils and staff with access to counseling and other resources after a crisis, emergency or suicide.

      Existing law requires the principal of a public or private school or his or her designated representative to contact all appropriate local agencies to respond to a crisis or emergency. (NRS 388.257, 394.1687) Sections 20 and 28 of this bill: (1) require the principal or his or her representative to also contact appropriate local agencies if a pupil, teacher or other member of the school community commits suicide; and (2) requires the local agencies contacted to include a provider of mental health services which is operated by a state or local agency. Section 31 of this bill authorizes an agency which provides child welfare services to provide counseling and other services to pupils and staff upon being contacted by the principal or his or her designated representative after a crisis, emergency or suicide.

 


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ê2017 Statutes of Nevada, Page 4010 (Chapter 561, SB 212)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 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. “Public safety agency” has the meaning ascribed to it in NRS 388.2345.

      Sec. 3. “Support center” means the support center established and operated pursuant to NRS 388.1455.

      Sec. 4. 1.  The board of trustees of a school district or the governing body of a charter school shall:

      (a) Appoint a team of at least three members of the staff of each public school, other than a charter school, that is located in the school district or of the charter school, as applicable, including, without limitation, a school counselor, psychologist, social worker or a similar person, if the school employs such a person on a full-time basis, and a school administrator. The team must receive notification if the support center receives a report of any dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on the property of the school, at an activity sponsored by the school, on a school bus of the school or by a pupil enrolled at the school.

      (b) Ensure that information concerning the Program, including, without limitation, the telephone number for the hotline established pursuant to NRS 388.1455:

             (1) Appears on the back of any identification card issued to pupils and staff at the school; and

             (2) Is posted in conspicuous locations around the school, which may include, without limitation, the front office, the cafeteria or a school bus.

      2.  Upon receiving notification from the support center of dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on the property of a public school, at an activity sponsored by a public school, on a school bus of a public school or by a pupil enrolled at a public school, a member of the appropriate team appointed pursuant to paragraph (a) of subsection 1 shall take appropriate action in accordance with the training he or she has received pursuant to NRS 388.1455 to respond to the activity or threat.

      3.  The team appointed pursuant to paragraph (a) of subsection 1 may:

      (a) Include a person appointed by the public school pursuant to NRS 388.247 to a committee to review the plan developed for the school pursuant to NRS 388.243.

      (b) Allow another person to temporarily serve on the team if a member of the team is unavailable.

      Sec. 4.5. The team appointed pursuant to section 4 of this act and each member of the team are immune from civil liability for any damages resulting from an act or omission of the team or the member or another member of the team in performing the duties set forth in NRS 388.1455 and section 4 of this act.

 


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      Sec. 5. The support center must:

      1.  Be capable of receiving reports made using the hotline, Internet website, mobile telephone application and text messaging application established pursuant to NRS 388.1455;

      2.  Be available to receive reports and staffed with trained personnel 24 hours a day, 7 days a week, including holidays and other days when school is not in session;

      3.  Establish a process for handling a report if personnel at the support center are unable to determine the location of the school or the person about whom the report is made, or if the report concerns a private school or an entity other than a school;

      4.  Train personnel at the support center who are involved in responding to reports to follow up on each report by gathering information necessary to determine the validity of the report and the severity of any threat;

      5.  Use a software system that is resistant to hacking and copying of information to protect the anonymity of persons who submit reports;

      6.  Develop and implement a standardized procedure for tracking the outcome of reports;

      7.  Compile statistics to determine:

      (a) The most frequent days of the week on which reports are made;

      (b) The most frequent times of the day for making reports;

      (c) The types of dangerous, violent or unlawful activity that are reported and the frequency of reports of each type of dangerous, violent or unlawful activity;

      (d) The frequency with which reports are submitted using the hotline, Internet website, mobile telephone application and text messaging application, respectively; and

      (e) The outcome of reports;

      8.  Submit to the Director a quarterly report that contains the information compiled pursuant to subsection 7 and any other information necessary for the Director to evaluate the Program or that is requested by the Director; and

      9.  Provide each report received to the appropriate law enforcement agency.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7. “Public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 8. “Suicide” means the suicide of a pupil, teacher or other member of the community of a public school.

      Sec. 9. NRS 388.1451 is hereby amended to read as follows:

      388.1451  As used in NRS 388.1451 to 388.1459, inclusive, and sections 2 to 5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 388.1452 and 388.1453 and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 10. NRS 388.1454 is hereby amended to read as follows:

      388.1454  The Legislature hereby finds and declares that:

      1.  The ability to anonymously report information about dangerous, violent or unlawful activities, or the threat of such activities, conducted on school property, at an activity sponsored by a public school , [or] on a school bus of a public school or by a pupil enrolled at a public school is critical in preventing, responding to and recovering from such activities.

 


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ê2017 Statutes of Nevada, Page 4012 (Chapter 561, SB 212)ê

 

      2.  It is in the best interest of this State to ensure the anonymity of a person who reports such an activity, or the threat of such an activity, and who wishes to remain anonymous and to ensure the confidentiality of any record or information associated with such a report.

      3.  It is the intent of the Legislature in enacting NRS 388.1451 to 388.1459, inclusive, and sections 2 to 5, inclusive, of this act, to enable the people of this State to easily and anonymously provide to appropriate state or local public safety agencies and to school administrators information about dangerous, violent or unlawful activities, or the threat of such activities, conducted on school property, at an activity sponsored by a public school , [or] on a school bus of a public school [.] or by a pupil enrolled at a public school.

      Sec. 11. NRS 388.1455 is hereby amended to read as follows:

      388.1455  1.  The Director shall establish the Safe-to-Tell Program within the Office for a Safe and Respectful Learning Environment. The Program must enable any person to report anonymously to the Program any dangerous, violent or unlawful activity which is being conducted, or is threatened to be conducted, on school property, at an activity sponsored by a public school , [or] on a school bus of a public school [.] or by a pupil enrolled at a public school. Any information relating to any such dangerous, violent or unlawful activity, or threat thereof, received by the Program is confidential and, except as otherwise authorized pursuant to paragraph (a) of subsection 2 and NRS 388.1458, must not be disclosed to any person.

      2.  The Program must include, without limitation, methods and procedures to ensure that:

      (a) Information reported to the Program is promptly forwarded to the appropriate public safety agencies [and] , the Department and other appropriate state agencies, school administrators [;] and other school employees, including, without limitation, the teams appointed pursuant to section 4 of this act; and

      (b) The identity of a person who reports information to the Program:

             (1) Is not known by any person designated by the Director to operate the Program;

             (2) Is not known by any person employed by, contracting with, serving as a volunteer with or otherwise assisting an organization with whom the Director enters into an agreement pursuant to subsection 3; and

             (3) Is not disclosed to any person.

      3.  On behalf of the Program, the Director [may] or his or her designee shall establish and operate a support center that meets the requirements of section 5 of this act, which includes, without limitation, a hotline, Internet website, mobile telephone application and text messaging application or enter into [agreements] an agreement with [any] an organization that the Director determines is appropriately qualified and experienced, pursuant to which the organization will establish and operate such a support center, which includes, without limitation, a hotline [or call center that will] , Internet website, mobile telephone application and text messaging application. The support center shall receive initial reports made to the Program through the hotline, Internet website, mobile telephone application and text messaging application and forward the information contained in the reports in the manner required by subsection 2.

      4.  The Director shall provide training regarding [the] :

 


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ê2017 Statutes of Nevada, Page 4013 (Chapter 561, SB 212)ê

 

      (a) The Program to employees and volunteers of each public safety agency, public safety answering point, board of trustees of a school district, governing body of a charter school and any other entity whose employees and volunteers the Director determines should receive training regarding the Program.

      (b) Properly responding to a report received from the support center, including, without limitation, the manner in which to respond to reports of different types of dangerous, violent and unlawful activity and threats of such activity, to each member of a team appointed pursuant to section 4 of this act.

      (c) The procedure for making a report to the support center using the hotline, Internet website, mobile telephone application and text messaging application and collaborating to prevent dangerous, violent and unlawful activity directed at teachers and other members of the staff of a school, pupils, family members of pupils and other persons.

      5.  The Director shall:

      (a) Post information concerning the Program on an Internet website maintained by the Director; [and]

      (b) Provide to each public school educational materials regarding the Program, including, without limitation, information about the telephone number , address of the Internet website, mobile telephone application, text messaging application and any other methods by which a report may be made [.] ; and

      (c) On or before July 1 of each year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education a report containing a summary of the information reported to the Director pursuant to section 5 of this act during the immediately preceding 12 months and any other information that the Director determines would assist the Committee to evaluate the Program.

      6.  As used in this section:

      (a) “Public safety agency” has the meaning ascribed to it in NRS 239B.020.

      (b) “Public safety answering point” has the meaning ascribed to it in NRS 707.500.

      Sec. 12. NRS 388.229 is hereby amended to read as follows:

      388.229  As used in NRS 388.229 to 388.261, inclusive, and sections 7 and 8 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.231 to 388.235, inclusive, and sections 7 and 8 of this act have the meanings ascribed to them in those sections.

      Sec. 13. NRS 388.241 is hereby amended to read as follows:

      388.241  1.  The board of trustees of each school district shall establish a development committee to develop one plan to be used by all the public schools other than the charter schools in the school district in responding to a crisis , [or an] emergency [.] or suicide. The governing body of each charter school shall establish a development committee to develop a plan to be used by the charter school in responding to a crisis , [or an] emergency [.] or suicide.

      2.  The membership of a development committee must consist of:

      (a) At least one member of the board of trustees or of the governing body that established the committee;

      (b) At least one administrator of a school in the school district or of the charter school;

 


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ê2017 Statutes of Nevada, Page 4014 (Chapter 561, SB 212)ê

 

      (c) At least one licensed teacher of a school in the school district or of the charter school;

      (d) At least one employee of a school in the school district or of the charter school who is not a licensed teacher and who is not responsible for the administration of the school;

      (e) At least one parent or legal guardian of a pupil who is enrolled in a school in the school district or in the charter school;

      (f) At least one representative of a local law enforcement agency in the county in which the school district or charter school is located;

      (g) At least one school police officer, including, without limitation, a chief of school police of the school district if the school district has school police officers; and

      (h) At least one representative of a state or local organization for emergency management.

      3.  The membership of a development committee may also include any other person whom the board of trustees or the governing body deems appropriate, including, without limitation:

      (a) A counselor of a school in the school district or of the charter school;

      (b) A psychologist of a school in the school district or of the charter school;

      (c) A licensed social worker of a school in the school district or of the charter school;

      (d) A pupil in grade 10 or higher of a school in the school district or a pupil in grade 10 or higher of the charter school if a school in the school district or the charter school includes grade 10 or higher; and

      (e) An attorney or judge who resides or works in the county in which the school district or charter school is located.

      4.  The board of trustees of each school district and the governing body of each charter school shall determine the term of each member of the development committee that it establishes. Each development committee may adopt rules for its own management and government.

      Sec. 14. NRS 388.243 is hereby amended to read as follows:

      388.243  1.  Each development committee established by the board of trustees of a school district shall develop one plan to be used by all the public schools other than the charter schools in the school district in responding to a crisis , [or an] emergency [.] or suicide. Each development committee established by the governing body of a charter school shall develop a plan to be used by the charter school in responding to a crisis , [or an] emergency [.] or suicide. Each development committee shall, when developing the plan : [, consult with:]

      (a) [The] Consult with local social service agencies and local public safety agencies in the county in which its school district or charter school is located.

      (b) [The] Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      (c) Determine which persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that could be made available to assist pupils and staff in recovering from a crisis, emergency or suicide.

 


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      2.  The plan developed pursuant to subsection 1 must include, without limitation:

      (a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;

      (b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school; [and]

      (c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency [.] ;

      (d) The names of persons and organizations in the community, including, without limitation, a provider of mental health services which is operated by a state or local agency, that are available to provide counseling and other services to pupils and staff of the school to assist them in recovering from a crisis, emergency or suicide; and

      (e) A plan for making the persons and organizations described in paragraph (d) available to pupils and staff after a crisis, emergency or suicide.

      3.  Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

      4.  Except as otherwise provided in NRS 388.249 and 388.251, each public school [, including, without limitation, each charter school,] must comply with the plan developed for it pursuant to this section.

      Sec. 15. NRS 388.245 is hereby amended to read as follows:

      388.245  1.  Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 388.243. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

      3.  The board of trustees of each school district and the governing body of each charter school shall:

      (a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;

      (b) File with the Department a copy of the notice provided pursuant to paragraph (a);

      (c) Post a copy of NRS 388.229 to 388.261, inclusive, and sections 7 and 8 of this act at each school in its school district or at its charter school;

      (d) Retain a copy of each plan developed pursuant to NRS 388.243, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 388.251;

 


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      (e) Provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to:

             (1) Each local public safety agency in the county in which the school district or charter school is located;

             (2) The Division of Emergency Management of the Department of Public Safety; and

             (3) The local organization for emergency management, if any;

      (f) Upon request, provide a copy of each plan developed pursuant to NRS 388.243 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;

      (g) Provide a copy of each deviation approved pursuant to NRS 388.251 as soon as practicable to:

             (1) The Department;

             (2) A local public safety agency in the county in which the school district or charter school is located;

             (3) The Division of Emergency Management of the Department of Public Safety;

             (4) The local organization for emergency management, if any;

             (5) A local agency that is included in the plan; and

             (6) An employee of a school who is included in the plan; and

      (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

      4.  The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 388.229 to 388.261, inclusive [.] , and sections 7 and 8 of this act.

      Sec. 16. NRS 388.247 is hereby amended to read as follows:

      388.247  1.  The principal of each public school [, including, without limitation, each charter school,] shall establish a school committee to review the plan developed for the school pursuant to NRS 388.243.

      2.  The membership of a school committee must consist of:

      (a) The principal of the school;

      (b) Two licensed employees of the school;

      (c) One employee of the school who is not a licensed employee and who is not responsible for the administration of the school;

      (d) One school police officer of the school if the school has school police officers; and

      (e) One parent or legal guardian of a pupil who is enrolled in the school.

      3.  The membership of a school committee may also include any other person whom the principal of the school deems appropriate, including, without limitation:

      (a) A member of the board of trustees of the school district in which the school is located or a member of the governing body of the charter school;

      (b) A counselor of the school;

      (c) A psychologist of the school;

      (d) A licensed social worker of the school;

 


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      (e) A representative of a local law enforcement agency in the county, city or town in which the school is located; and

      (f) A pupil in grade 10 or higher from the school if the school includes grade 10 or higher.

      4.  The principal of a public school, including, without limitation, a charter school, shall determine the term of each member of the school committee. Each school committee may adopt rules for its own management and government.

      Sec. 17. NRS 388.249 is hereby amended to read as follows:

      388.249  1.  Each school committee shall, at least once each year, review the plan developed for the school pursuant to NRS 388.243 and determine whether the school should deviate from the plan.

      2.  Each school committee shall, when reviewing the plan, consult with:

      (a) The local social service agencies and law enforcement agencies in the county, city or town in which its school is located.

      (b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      3.  If a school committee determines that the school should deviate from the plan, the school committee shall notify the development committee that developed the plan, describe the proposed deviation and explain the reason for the proposed deviation. The school may deviate from the plan only if the deviation is approved by the development committee pursuant to NRS 388.251.

      4.  Each public school [, including, without limitation, each charter school,] shall post at the school a notice of the completion of each review that the school committee performs pursuant to this section.

      Sec. 18. NRS 388.253 is hereby amended to read as follows:

      388.253  1.  The Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of [a] :

      (a) A suicide; or

      (b) A crisis or [an] emergency that involves a public school [, including, without limitation, a charter school,] or a private school and that requires immediate action.

      2.  The model plan must include, without limitation, a procedure for:

      (a) In response to a crisis or emergency:

             (1) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate;

      [(b)](2) Accounting for all persons within a school;

      [(c)](3) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;

      [(d)](4) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

 


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      [(e)](5) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;

      [(f)](6) Reunifying a pupil with his or her parent or legal guardian;

      [(g)](7) Providing any necessary medical assistance;

      [(h)](8) Recovering from a crisis or [an] emergency;

      [(i)](9) Carrying out a lockdown at a school in which persons are not allowed to enter or exit the school;

      [(j)]and

             (10) Providing shelter in specific areas of a school; [and

      (k)](b) Providing specific information relating to managing a crisis or [an] emergency that is a result of:

             (1) An incident involving hazardous materials;

             (2) An incident involving mass casualties;

             (3) An incident involving an active shooter;

             (4) An outbreak of disease;

             (5) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or

             (6) Any other situation, threat or hazard deemed appropriate [.

      2.]; and

      (c) Providing pupils and staff at a school that has experienced a crisis, emergency or suicide with access to counseling and other resources to assist in recovering from the crisis, emergency or suicide.

      3.  In developing the model plan, the Department shall consider the plans developed pursuant to NRS 388.243 and 394.1687 and updated pursuant to NRS 388.245 and 394.1688.

      [3.]4.  The Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the Department determines is necessary:

      (a) The model plan developed by the Department pursuant to subsection 1;

      (b) A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245;

      (c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and

      (d) A deviation approved pursuant to NRS 388.251 or 394.1692.

      [4.]5.  The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.

      Sec. 19. NRS 388.255 is hereby amended to read as follows:

      388.255  1.  The State Board shall adopt regulations setting forth requirements for:

      (a) The plan required to be developed pursuant to NRS 388.243; and

      (b) Reviewing and approving a deviation pursuant to NRS 388.251.

      2.  The regulations adopted pursuant to this section must include, without limitation, requirements concerning training and practice in procedures for responding to a crisis, [or an] emergency [.] or suicide.

      Sec. 20. NRS 388.257 is hereby amended to read as follows:

      388.257  1.  If a crisis or an emergency that requires immediate action occurs at a public school [, including, without limitation, a charter school,] or a suicide occurs, the principal of the school involved, or the principal’s designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 388.243 and in accordance with any deviation approved pursuant to NRS 388.251, contact all appropriate local agencies , including, without limitation, a provider of mental health services which is operated by a state or local agency, to respond to the crisis , [or the] emergency [.]

 


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the school pursuant to NRS 388.243 and in accordance with any deviation approved pursuant to NRS 388.251, contact all appropriate local agencies , including, without limitation, a provider of mental health services which is operated by a state or local agency, to respond to the crisis , [or the] emergency [.] or suicide.

      2.  If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

      (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency; or

      (b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

      3.  If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

      4.  If a local law enforcement agency responds to a crisis, [or an] emergency or suicide that occurs at a public school or notifies a public school regarding a crisis, [or an] emergency or suicide that occurs outside of the public school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any other public school [, including, without limitation, a charter school,] or any private school of the crisis, [or] emergency [.] or suicide. Such notification must include, without limitation, any information necessary for the public school or private school to appropriately respond to the crisis, [or] emergency [.] or suicide.

      Sec. 21. NRS 388.259 is hereby amended to read as follows:

      388.259  A plan developed pursuant to NRS 388.243 or updated pursuant to NRS 388.245, a deviation and any information submitted to a development committee pursuant to NRS 388.249, a deviation approved pursuant to NRS 388.251 and the model plan developed pursuant to NRS 388.253 are confidential and, except as otherwise provided in NRS 239.0115 and NRS 388.229 to 388.261, inclusive, and sections 7 and 8 of this act must not be disclosed to any person or government, governmental agency or political subdivision of a government.

      Secs. 22 and 23. (Deleted by amendment.)

 


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      Sec. 24. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Suicide” means the suicide of a pupil, teacher or other member of the community of a private school.

      Sec. 25. NRS 394.168 is hereby amended to read as follows:

      394.168  As used in NRS 394.168 to 394.1699, inclusive, and section 24 of this act, unless the context otherwise requires, the words and terms defined in NRS 394.1681 to 394.1683, inclusive, and section 24 of this act have the meanings ascribed to them in those sections.

      Sec. 26. NRS 394.1685 is hereby amended to read as follows:

      394.1685  1.  The governing body of each private school shall establish a development committee to develop a plan to be used by the private school in responding to a crisis , [or an] emergency [.] or suicide.

      2.  The membership of a development committee consists of:

      (a) At least one member of the governing body;

      (b) At least one administrator of the school;

      (c) At least one teacher of the school;

      (d) At least one employee of the school who is not a teacher and who is not responsible for the administration of the school;

      (e) At least one parent or legal guardian of a pupil who is enrolled in the school;

      (f) At least one representative of a local law enforcement agency in the county in which the school is located; and

      (g) At least one representative of a state or local organization for emergency management.

      3.  The membership of a development committee may also include any other person whom the governing body deems appropriate, including, without limitation:

      (a) A counselor of the school;

      (b) A psychologist of the school;

      (c) A licensed social worker of the school;

      (d) A pupil in grade 10 or higher of the school if the school includes grade 10 or higher; and

      (e) An attorney or judge who resides or works in the county in which the school is located.

      4.  The governing body of each private school shall determine the term of each member of the development committee that it established. Each development committee may adopt rules for its own management and government.

      Sec. 27. NRS 394.1687 is hereby amended to read as follows:

      394.1687  1.  Each development committee shall develop a plan to be used by its school in responding to a crisis , [or an] emergency [.] or suicide. Each development committee shall, when developing the plan : [, consult with:]

      (a) [The] Consult with local social service agencies and local public safety agencies in the county in which its school is located.

      (b) [The] Consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  The plan developed pursuant to subsection 1 must include, without limitation:

 


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      (a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 388.253;

      (b) A procedure for immediately responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of the school; and

      (c) A procedure for enforcing discipline within the school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency.

      3.  Each development committee shall provide a copy of the plan that it develops pursuant to this section to the governing body of the school that established the committee.

      4.  Except as otherwise provided in NRS 394.1691 and 394.1692, each private school must comply with the plan developed for it pursuant to this section.

      Sec. 28. NRS 394.1696 is hereby amended to read as follows:

      394.1696  1.  If a crisis or an emergency that requires immediate action occurs at a private school [,] or a suicide occurs, the principal or other person in charge of the private school involved, or his or her designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 394.1687 and in accordance with any deviation approved pursuant to NRS 394.1692, contact all appropriate local agencies , including, without limitation, a provider of mental health services which is operated by a state or local agency, to respond to the crisis , [or the] emergency [.] or suicide.

      2.  If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

      (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency; or

      (b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

      3.  If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 388.253 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

 


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      4.  If a local law enforcement agency responds to a crisis, [or an] emergency or suicide that occurs at a private school or notifies a private school regarding a crisis, [or an] emergency or suicide that occurs outside of the private school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any public school [, including, without limitation, a charter school,] or any other private school of the crisis, [or] emergency [.] or suicide. Such notification must include, without limitation, any information necessary for the public school or private school to appropriately respond to the crisis, [or] emergency [.] or suicide.

      Sec. 29. NRS 394.1698 is hereby amended to read as follows:

      394.1698  A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688, a deviation and any information submitted to a development committee pursuant to NRS 394.1691 and a deviation approved pursuant to NRS 394.1692 are confidential and, except as otherwise provided in NRS 239.0115, 388.253 and 394.168 to 394.1699, inclusive, and section 24 of this act must not be disclosed to any person or government, governmental agency or political subdivision of a government.

      Sec. 30. NRS 414.135 is hereby amended to read as follows:

      414.135  1.  There is hereby created in the State General Fund the Emergency Assistance Account. Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the Disaster Relief Account created pursuant to NRS 353.2735 to the Emergency Assistance Account in an amount not to exceed $500,000.

      2.  The Division of Emergency Management of the Department of Public Safety shall administer the Emergency Assistance Account. The Division may adopt regulations authorized by this section before, on or after July 1, 1999.

      3.  Except as otherwise provided in paragraph (c), all expenditures from the Emergency Assistance Account must be approved in advance by the Division. Except as otherwise provided in subsection 4, all money in the Emergency Assistance Account must be expended:

      (a) To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or man-made emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy;

      (b) To pay any actual expenses incurred by the Division for administration during a natural, technological or man-made emergency or disaster; and

      (c) For any other purpose authorized by the Legislature.

      4.  Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the Emergency Assistance Account at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the Division may, with the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:

      (a) Purchase equipment or supplies required for emergency management;

      (b) Provide training to personnel related to emergency management; and

      (c) Carry out the provisions of NRS 388.229 to 388.261, inclusive [.] , and sections 7 and 8 of this act.

 


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      5.  Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit to the Interim Finance Committee a report of the expenditures made from the Emergency Assistance Account for the previous quarter.

      6.  The Division shall adopt such regulations as are necessary to administer the Emergency Assistance Account.

      7.  The Division may adopt regulations to provide for reimbursement of expenditures made from the Emergency Assistance Account. If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the Disaster Relief Account, upon request by the Division.

      Sec. 31. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a public school or private school within the jurisdiction of an agency which provides child welfare services experiences a crisis, emergency or suicide, the agency which provides child welfare services may provide counseling and other services to pupils and staff of the school upon being contacted by the principal or other person in charge of the school or his or her designated representative pursuant to NRS 388.257 or 394.1696, as applicable.

      2.  As used in this section:

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

      (b) “Public school” has the meaning ascribed to it in NRS 385.007.

      (c) With reference to:

             (1) A private school:

                   (I) “Crisis” has the meaning ascribed to it in NRS 394.1681.

                   (II) “Emergency” has the meaning ascribed to it in NRS 394.16823.

                   (III) “Suicide” has the meaning ascribed to it in section 24 of this act.

             (2) A public school:

                   (I) “Crisis” has the meaning ascribed to it in NRS 388.231.

                   (II) “Emergency” has the meaning ascribed to it in NRS 388.233.

                   (III) “Suicide” has the meaning ascribed to it in section 8 of this act.

      Sec. 32. NRS 432B.190 is hereby amended to read as follows:

      432B.190  The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:

      1.  Regulations establishing reasonable and uniform standards for:

      (a) Child welfare services provided in this State;

      (b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

      (c) The development of local councils involving public and private organizations;

      (d) Reports of abuse or neglect, records of these reports and the response to these reports;

      (e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide child welfare services enter into agreements to provide services to children and families;

 


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      (f) The management and assessment of reported cases of abuse or neglect;

      (g) The protection of the legal rights of parents and children;

      (h) Emergency shelter for a child;

      (i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

      (j) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that is written in language which is easy to understand, is available in English and in any other language the Division determines is appropriate based on the demographic characteristics of this State and sets forth:

             (1) Contact information regarding persons and governmental entities which provide assistance to persons who are responsible for the welfare of children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;

             (2) The procedures for taking a child for placement in protective custody; and

             (3) The state and federal legal rights of:

                   (I) A person who is responsible for a child’s welfare and who is the subject of an investigation of alleged abuse or neglect of a child, including, without limitation, the legal rights of such a person at the time an agency which provides child welfare services makes initial contact with the person in the course of the investigation and at the time the agency takes the child for placement in protective custody, and the legal right of such a person to be informed of any allegation of abuse or neglect of a child which is made against the person at the initial time of contact with the person by the agency; and

                   (II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and

      (k) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.

      2.  Regulations, which are applicable to any person who is authorized to place a child in protective custody without the consent of the person responsible for the child’s welfare, setting forth reasonable and uniform standards for establishing whether immediate action is necessary to protect the child from injury, abuse or neglect for the purposes of determining whether to place the child into protective custody pursuant to NRS 432B.390. Such standards must consider the potential harm to the child in remaining in his or her home, including, without limitation:

      (a) Circumstances in which a threat of harm suggests that a child is in imminent danger of serious harm.

      (b) The conditions or behaviors of the child’s family which threaten the safety of the child who is unable to protect himself or herself and who is dependent on others for protection, including, without limitation, conditions or behaviors that are beyond the control of the caregiver of the child and create an imminent threat of serious harm to the child.

Ê The Division of Child and Family Services shall ensure that the appropriate persons or entities to whom the regulations adopted pursuant to this subsection apply are provided with a copy of such regulations. As used in this subsection, “serious harm” includes the threat or evidence of serious physical injury, sexual abuse, significant pain or mental suffering, extreme fear or terror, extreme impairment or disability, death, substantial impairment or risk of substantial impairment to the child’s mental or physical health or development.

 


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fear or terror, extreme impairment or disability, death, substantial impairment or risk of substantial impairment to the child’s mental or physical health or development.

      3.  Regulations establishing procedures for:

      (a) Expeditiously locating any missing child who has been placed in the custody of an agency which provides child welfare services;

      (b) Determining the primary factors that contributed to a child who has been placed in the custody of an agency which provides child welfare services running away or otherwise being absent from foster care, and to the extent possible and appropriate, responding to those factors in current and subsequent placements; and

      (c) Determining the experiences of a child who has been placed in the custody of an agency which provides child welfare services during any period the child was missing, including, without limitation, determining whether the child may be a victim of sexual abuse or sexual exploitation.

      4.  Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive [.] , and section 31 of this act.

      Sec. 33.  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. 34. (Deleted by amendment.)

      Sec. 35.  This act becomes effective on July 1, 2018.

________

CHAPTER 562, SB 246

Senate Bill No. 246–Senators Manendo, Hardy, Parks, Settelmeyer, Hammond; Atkinson, Denis and Farley (by request)

 

CHAPTER 562

 

[Approved: June 12, 2017]

 

AN ACT relating to public works; revising provisions governing a contract for a public work involving a construction manager at risk; revising provisions relating to the authority of public bodies to enter into a contract with a design-build team for the construction of a public work; extending the prospective expiration of provisions relating to construction managers at risk; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, public bodies are authorized to construct public works under certain circumstances through a method by which a construction manager at risk provides preconstruction services on the public work and, in some cases, construction services on the public work within a guaranteed maximum price, a fixed price or a fixed price plus reimbursement for certain costs. (NRS 338.1685-338.16995) Existing law declares the legislative intent for authorizing this method of construction, including to benefit the public by promoting the philosophy of obtaining the best possible value as compared to low-bid contracting. (NRS 338.1685) Section 1 of this bill declares that this method of construction is not intended to be used by the State or a political subdivision to limit competition, discourage competitive bidding or engage in or allow bid-shopping.

 


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      Existing law requires a public body that wishes to use the construction manager at risk method to construct a public work to advertise for proposals for a construction manager at risk by publication in a qualified newspaper. Similarly, any construction manager at risk selected by a public body is required to advertise for applications from subcontractors to provide labor, materials or equipment on the public work by publication in a qualified newspaper. (NRS 338.1692, 338.16995) Sections 1.3 and 2 of this bill make the procedure with which a public body and a construction manager at risk are required to comply for advertising for proposals or applications, as applicable, under the project delivery method of construction manager at risk the same as the procedure with which a public body is required to comply to advertise for bids on a public work for which the estimated cost exceeds $100,000 under the project delivery method of “design-bid-build.” Additionally, section 1.3 prohibits an applicant for selection as a construction manager at risk from substituting another employee for an employee whose resume was included in the applicant’s proposal to the public body, unless the original employee is unavailable for certain specified reasons or the public body fails to enter into a contract for preconstruction services with a construction manager at risk within a certain period.

      Existing law authorizes a public body, in selecting a construction manager at risk, to require applicants who are invited for an interview to submit a preliminary proposed amount of compensation for managing the preconstruction and construction of the public work, but limits consideration of that amount of compensation to not more than 20 percent of the scoring for the selection of the most qualified applicant. (NRS 338.1693) Section 1.7 of this bill requires that the preliminary proposed amount of compensation include general overhead and profit and requires that consideration of that proposed amount constitute at least 5 percent of the scoring of an applicant.

      Existing law prescribes the procedure for the award by a construction manager at risk to qualified subcontractors of subcontracts for which the estimated value is at least 1 percent of the total cost of the public work or $50,000, whichever is greater. The procedure includes the provision to qualified subcontractors of written notice regarding the specifics of the subcontract and the requirements for submitting a responsive proposal. (NRS 338.16991, 338.16995) Section 3 of this bill requires a construction manager at risk to provide each qualified subcontractor with a form that has been prepared by the construction manager at risk and approved by the public body on which any proposal in response to a request for proposals for the public work is required to be submitted.

      Existing law eliminates the authority for public bodies to enter into contracts with construction managers at risk effective July 1, 2017. (Section 15 of chapter 487, Statutes of Nevada 2013, p. 2986, and section 9 of chapter 123, Statutes of Nevada 2015, p. 457) Sections 5 and 6 of this bill postpone the prospective expiration of this authority until June 30, 2021.

      Existing law authorizes a public body to contract with a design-build team for the design and construction of a public work if the estimated cost of the public work exceeds $5,000,000. (NRS 338.1711) Section 4 of this bill authorizes a public body, within a 12-month period, to contract with a design-build team for the design and construction of not more than two discrete public works projects, each of which have an estimated cost of $5,000,000 or less.

 

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 338.1685 is hereby amended to read as follows:

      338.1685  The Legislature hereby declares that the provisions of NRS 338.1685 to 338.16995, inclusive, relating to contracts involving construction managers at risk [, are] :

 


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      1.  Are intended:

      [1.](a) To promote public confidence and trust in the contracting and bidding procedures for public works established therein;

      [2.](b) For the benefit of the public, to promote the philosophy of obtaining the best possible value as compared to low-bid contracting; and

      [3.](c) To better equip public bodies to address public works that present unique and complex construction challenges.

      2.  Are not intended to be used by the State or a political subdivision of this State to:

      (a) Limit competition;

      (b) Discourage competitive bidding; or

      (c) Engage in or allow bid-shopping.

      Sec. 1.3. NRS 338.1692 is hereby amended to read as follows:

      338.1692  1.  A public body or its authorized representative shall advertise for proposals for a construction manager at risk in [a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.] the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385.

      2.  A request for proposals published pursuant to subsection 1 must include, without limitation:

      (a) A description of the public work;

      (b) An estimate of the cost of construction;

      (c) A description of the work that the public body expects a construction manager at risk to perform;

      (d) The dates on which it is anticipated that the separate phases of the preconstruction and construction of the public work will begin and end;

      (e) The date by which proposals must be submitted to the public body;

      (f) If the project is a public work of the State, a statement setting forth that the construction manager at risk must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a proposal;

      (g) The name, title, address and telephone number of a person employed by the public body that an applicant may contact for further information regarding the public work;

      (h) A list of the selection criteria and relative weight of the selection criteria that will be used to rank proposals pursuant to subsection 2 of NRS 338.1693;

      (i) A list of the selection criteria and relative weight of the selection criteria that will be used to rank applicants pursuant to subsection 7 of NRS 338.1693; and

      (j) A notice that the proposed form of the contract to assist in the preconstruction of the public work or to construct the public work, including, without limitation, the terms and general conditions of the contract, is available from the public body.

      3.  A proposal must include, without limitation:

      (a) An explanation of the experience that the applicant has with projects of similar size and scope in both the public and private sectors by any delivery method, whether or not that method was the use of a construction manager at risk, and including, without limitation, design-build, design-assist, negotiated work or value-engineered work, and an explanation of the experience that the applicant has in such projects in Nevada;

 


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ê2017 Statutes of Nevada, Page 4028 (Chapter 562, SB 246)ê

 

design-assist, negotiated work or value-engineered work, and an explanation of the experience that the applicant has in such projects in Nevada;

      (b) The contact information for references who have knowledge of the background, character and technical competence of the applicant;

      (c) Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the public body;

      (d) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law;

      (e) A statement of whether the applicant has been:

             (1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for proposals; and

             (2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333;

      (f) The professional qualifications and experience of the applicant, including, without limitation, the resume of any employee of the applicant who will be managing the preconstruction and construction of the public work;

      (g) The safety programs established and the safety records accumulated by the applicant;

      (h) Evidence that the applicant is licensed as a contractor pursuant to chapter 624 of NRS;

      (i) The proposed plan of the applicant to manage the preconstruction and construction of the public work which sets forth in detail the ability of the applicant to provide preconstruction services and to construct the public work and which includes, if the public work involves predominantly horizontal construction, a statement that the applicant will perform construction work equal in value to at least 25 percent of the estimated cost of construction; and

      (j) If the project is for the design of a public work of the State, evidence that the applicant is qualified to bid on a public work of the State pursuant to NRS 338.1379.

      4.  The public body or its authorized representative shall make available to the public the name of each applicant who submits a proposal pursuant to this section.

      5.  An applicant shall not substitute a different employee for an employee whose resume was submitted pursuant to paragraph (f) of subsection 3, unless:

      (a) The employee whose resume was submitted is no longer employed by the applicant or is unavailable for medical reasons; or

      (b) The public body enters into a contract with the applicant for preconstruction services pursuant to NRS 338.1693 more than 90 days after the date on which the final ranking of applicants was made pursuant to subsection 7 of NRS 338.1693.

      Sec. 1.7. NRS 338.1693 is hereby amended to read as follows:

      338.1693  1.  The public body or its authorized representative shall appoint a panel consisting of at least three but not more than seven members, a majority of whom must have experience in the construction industry, to rank the proposals submitted to the public body by evaluating the proposals as required pursuant to subsections 2 and 3.

 


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ê2017 Statutes of Nevada, Page 4029 (Chapter 562, SB 246)ê

 

      2.  The panel appointed pursuant to subsection 1 shall rank the proposals by:

      (a) Verifying that each applicant satisfies the requirements of NRS 338.1691; and

      (b) Evaluating and assigning a score to each of the proposals received by the public body based on the factors and relative weight assigned to each factor that the public body specified in the request for proposals.

      3.  When ranking the proposals, the panel appointed pursuant to subsection 1 shall assign a relative weight of 5 percent to the applicant’s possession of a certificate of eligibility to receive a preference in bidding on public works if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.

      4.  After the panel appointed pursuant to subsection 1 ranks the proposals, the public body or its authorized representative shall, except as otherwise provided in subsection 8, select at least the two but not more than the five applicants whose proposals received the highest scores for interviews.

      5.  The public body or its authorized representative may appoint a separate panel to interview and rank the applicants selected pursuant to subsection 4. If a separate panel is appointed pursuant to this subsection, the panel must consist of at least three but not more than seven members, a majority of whom must have experience in the construction industry.

      6.  During the interview process, the panel conducting the interview may require the applicants to submit a preliminary proposed amount of compensation for managing the preconstruction and construction of the public work, including, without limitation, the cost of general overhead and profit, but in no event shall the proposed amount of compensation [exceed] be less than 5 percent or more than 20 percent of the scoring for the selection of the most qualified applicant. All presentations made at any interview conducted pursuant to this subsection or subsection 5 may be made only by key personnel employed by the applicant, as determined by the applicant, and the employees of the applicant who will be directly responsible for managing the preconstruction and construction of the public work.

      7.  After conducting such interviews, the panel that conducted the interviews shall rank the applicants by using a ranking process that is separate from the process used to rank the applicants pursuant to subsection 2 and is based only on information submitted during the interview process. The score to be given for the proposed amount of compensation, if any, must be calculated by dividing the lowest of all the proposed amounts of compensation by the applicant’s proposed amount of compensation multiplied by the total possible points available to each applicant. When ranking the applicants, the panel that conducted the interviews shall assign a relative weight of 5 percent to the applicant’s possession of a certificate of eligibility to receive a preference in bidding on public works if the applicant submits a signed affidavit that meets the requirements of subsection 1 of NRS 338.0117.

 


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ê2017 Statutes of Nevada, Page 4030 (Chapter 562, SB 246)ê

 

NRS 338.0117. If any federal statute or regulation precludes the granting of federal assistance or reduces the amount of that assistance for a particular public work because of the provisions of this subsection, those provisions of this subsection do not apply insofar as their application would preclude or reduce federal assistance for that work.

      8.  If the public body did not receive at least two proposals, the public body may not contract with a construction manager at risk.

      9.  Upon receipt of the final rankings of the applicants from the panel that conducted the interviews, the public body or its authorized representative shall enter into negotiations with the most qualified applicant determined pursuant to the provisions of this section for a contract for preconstruction services, unless the public body required the submission of a proposed amount of compensation, in which case the proposed amount of compensation submitted by the applicant must be the amount offered for the contract. If the public body or its authorized representative is unable to negotiate a contract with the most qualified applicant for an amount of compensation that the public body or its authorized representative and the most qualified applicant determine to be fair and reasonable, the public body or its authorized representative shall terminate negotiations with that applicant. The public body or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached and, if the negotiation is undertaken by an authorized representative of the public body, approved by the public body or until a determination is made by the public body to reject all applicants.

      10.  The public body or its authorized representative shall:

      (a) Make available to all applicants and the public the following information, as determined by the panel appointed pursuant to subsection 1 and the panel that conducted the interviews, as applicable:

             (1) The final rankings of the applicants;

             (2) The score assigned to each proposal received by the public body; and

             (3) For each proposal received by the public body, the score assigned to each factor that the public body specified in the request for proposals; and

      (b) Provide, upon request, an explanation to any unsuccessful applicant of the reasons why the applicant was unsuccessful.

      Sec. 2. NRS 338.16991 is hereby amended to read as follows:

      338.16991  1.  To be eligible to provide labor, materials or equipment on a public work, the contract for which a public body has entered into with a construction manager at risk pursuant to NRS 338.1696, a subcontractor must be:

      (a) Licensed pursuant to chapter 624 of NRS; and

      (b) Qualified pursuant to the provisions of this section to submit a proposal for the provision of labor, materials or equipment on a public work.

      2.  Subject to the provisions of subsections 3, 4 and 5, the construction manager at risk shall determine whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment on the public work for the purposes of paragraph (b) of subsection 1.

      3.  Not earlier than 30 days after a construction manager at risk has been selected pursuant to NRS 338.1693 and not later than 10 working days before the date by which an application must be submitted, the construction manager at risk shall advertise for applications from subcontractors in [a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed.

 


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ê2017 Statutes of Nevada, Page 4031 (Chapter 562, SB 246)ê

 

county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.] the manner set forth in paragraph (a) of subsection 1 of NRS 338.1385. The construction manager at risk may accept an application from a subcontractor before advertising for applications pursuant to this subsection.

      4.  The criteria to be used by the construction manager at risk when determining whether an applicant is qualified to submit a proposal for the provision of labor, materials or equipment must include, and must be limited to:

      (a) The monetary limit placed on the license of the applicant by the State Contractors’ Board pursuant to NRS 624.220;

      (b) The financial ability of the applicant to provide the labor, materials or equipment required on the public work;

      (c) Whether the applicant has the ability to obtain the necessary bonding for the work required by the public body;

      (d) The safety programs established and the safety records accumulated by the applicant;

      (e) Whether the applicant has breached any contracts with a public body or person in this State or any other state during the 5 years immediately preceding the application;

      (f) Whether the applicant has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the public work;

      (g) The performance history of the applicant concerning other recent, similar public or private contracts, if any, completed by the applicant in Nevada;

      (h) The principal personnel of the applicant;

      (i) Whether the applicant has been disqualified from the award of any contract pursuant to NRS 338.017 or 338.13895; and

      (j) The truthfulness and completeness of the application.

      5.  The public body or its authorized representative shall ensure that each determination made pursuant to subsection 2 is made subject to the provisions of subsection 4.

      6.  The construction manager at risk shall notify each applicant and the public body in writing of a determination made pursuant to subsection 2.

      7.  A determination made pursuant to subsection 2 that an applicant is not qualified may be appealed pursuant to NRS 338.1381 to the public body with whom the construction manager at risk has entered into a contract for the construction of the public work.

      Sec. 3. NRS 338.16995 is hereby amended to read as follows:

      338.16995  1.  If a public body enters into a contract with a construction manager at risk for the construction of a public work pursuant to NRS 338.1696, the construction manager at risk may enter into a subcontract for the provision of labor, materials and equipment necessary for the construction of the public work only as provided in this section.

      2.  The provisions of this section apply only to a subcontract for which the estimated value is at least 1 percent of the total cost of the public work or $50,000, whichever is greater.

 


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ê2017 Statutes of Nevada, Page 4032 (Chapter 562, SB 246)ê

 

      3.  After the design and schedule for the construction of the public work is sufficiently detailed and complete to allow a subcontractor to submit a meaningful and responsive proposal, and not later than 21 days before the date by which a proposal for the provision of labor, materials or equipment by a subcontractor must be submitted, the construction manager at risk shall notify in writing each subcontractor who was determined pursuant to NRS 338.16991 to be qualified to submit such a proposal of a request for such proposals [.] and shall provide to each such subcontractor a form prepared by the construction manager at risk and approved by the public body on which any proposal in response to the request for proposals must be submitted. A copy of the notice required pursuant to this subsection must be provided to the public body.

      4.  The notice required pursuant to subsection 3 must include, without limitation:

      (a) A description of the design for the public work and a statement indicating where a copy of the documents relating to that design may be obtained;

      (b) A description of the type and scope of labor, equipment and materials for which subcontractor proposals are being sought;

      (c) The dates on which it is anticipated that construction of the public work will begin and end;

      (d) If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is to be held, the date, time and place at which the preproposal meeting will be held;

      (e) The date and time by which proposals must be received, and to whom they must be submitted;

      (f) The date, time and place at which proposals will be opened for evaluation;

      (g) A description of the bonding and insurance requirements for subcontractors;

      (h) Any other information reasonably necessary for a subcontractor to submit a responsive proposal; and

      (i) A statement in substantially the following form:

 

Notice: For a proposal for a subcontract on the public work to be considered:

       1.  The subcontractor must be licensed pursuant to chapter 624 of NRS;

       2.  The proposal must be submitted on the form provided by the construction manager at risk and be timely received;

       3.  If a preproposal meeting regarding the scope of the work to be performed by the subcontractor is held, the subcontractor must attend the preproposal meeting; and

       4.  The subcontractor may not modify the proposal after the date and time the proposal is received.

 

      5.  A subcontractor may not modify a proposal after the date and time the proposal is received.

      6.  To be considered responsive, a proposal must:

      (a) Be submitted on the form provided by the construction manager at risk pursuant to subsection 3;

 


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ê2017 Statutes of Nevada, Page 4033 (Chapter 562, SB 246)ê

 

      (b) Be timely received by the construction manager at risk; and

      [(b)](c) Substantially and materially conform to the details and requirements included in the proposal instructions and for the finalized bid package for the public work, including, without limitation, details and requirements affecting price and performance.

      7.  The opening of the proposals must be attended by an authorized representative of the public body. The public body may require the architect or engineer responsible for the design of the public work to attend the opening of the proposals. The opening of the proposals is not otherwise open to the public.

      8.  At the time the proposals are opened, the construction manager at risk shall compile and provide to the public body or its authorized representative a list that includes, without limitation, the name and contact information of each subcontractor who submits a timely proposal.

      9.  Not more than 10 working days after opening the proposals and before the construction manager at risk submits a guaranteed maximum price, a fixed price or a fixed price plus reimbursement pursuant to NRS 338.1696, the construction manager at risk shall:

      (a) Evaluate the proposals and determine which proposals are responsive.

      (b) Select the subcontractor who submits the proposal that the construction manager at risk determines is the best proposal. Subject to the provisions of subparagraphs (1), (2) and (3), if only one subcontractor submits a proposal, the construction manager at risk may select that subcontractor. The subcontractor must be selected from among those:

             (1) Who attended the preproposal meeting regarding the scope of the work to be performed by the subcontractor, if such a preproposal meeting was held;

             (2) Who submitted a responsive proposal; and

             (3) Whose names are included on the list compiled and provided to the public body or its authorized representative pursuant to subsection 8.

      (c) Inform the public body or its authorized representative which subcontractor has been selected.

      10.  The public body or its authorized representative shall ensure that the evaluation of proposals and selection of subcontractors are done pursuant to the provisions of this section and regulations adopted by the State Public Works Board.

      11.  A subcontractor selected pursuant to subsection 9 need not be selected by the construction manager at risk solely on the basis of lowest price.

      12.  Except as otherwise provided in subsections 13 and 15, the construction manager at risk shall enter into a subcontract with a subcontractor selected pursuant to subsection 9 to provide the labor, materials or equipment described in the request for proposals.

      13.  A construction manager at risk shall not substitute a subcontractor for any subcontractor selected pursuant to subsection 9 unless:

      (a) The public body or its authorized representative objects to the subcontractor, requests in writing a change in the subcontractor and pays any increase in costs resulting from the change; or

      (b) The substitution is approved by the public body after the selected subcontractor:

 


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             (1) Files for bankruptcy or becomes insolvent;

             (2) After having a reasonable opportunity, fails or refuses to execute a written contract with the construction manager at risk which was offered to the selected subcontractor with the same general terms that all other subcontractors on the project were offered;

             (3) Fails or refuses to perform the subcontract within a reasonable time;

             (4) Is unable to furnish a performance bond and payment bond pursuant to NRS 339.025, if required for the public work; or

             (5) Is not properly licensed to provide that labor or portion of the work.

      14.  If a construction manager at risk substitutes a subcontractor for any subcontractor selected pursuant to subsection 9 without complying with the provisions of subsection 13, the construction manager at risk shall forfeit, as a penalty to the public body, an amount equal to 1 percent of the total amount of the contract.

      15.  If a construction manager at risk does not select a subcontractor pursuant to subsection 9 to perform a portion of work on a public work, the construction manager at risk shall notify the public body that the construction manager at risk intends to perform that portion of work. If, after providing such notification, the construction manager at risk substitutes a subcontractor to perform the work, the construction manager at risk shall forfeit, as a penalty to the public body, the lesser of, and excluding any amount of the contract that is attributable to change orders:

      (a) An amount equal to 2.5 percent of the total amount of the contract; or

      (b) An amount equal to 35 percent of the estimate by the engineer of the cost of the work the construction manager at risk selected himself or herself to perform on the public work.

      16.  The construction manager at risk shall make available to the public the name of each subcontractor who submits a proposal.

      17.  If a public work is being constructed in phases, and a construction manager at risk selects a subcontractor pursuant to subsection 9 for the provision of labor, materials or equipment for any phase of that construction, the construction manager at risk may select that subcontractor for the provision of labor, materials or equipment for any other phase of the construction without following the requirements of subsections 3 to 11, inclusive.

      18.  As used in this section, “general terms” has the meaning ascribed to it in NRS 338.141.

      Sec. 4. NRS 338.1711 is hereby amended to read as follows:

      338.1711  1.  Except as otherwise provided in this section and NRS 338.161 to 338.16995, inclusive, a public body shall contract with a prime contractor for the construction of a public work for which the estimated cost exceeds $100,000.

      2.  A public body may contract with a design-build team for the design and construction of a public work that is a discrete project if the public body has approved the use of a design-build team for the design and construction of the public work and the public work has an estimated cost which exceeds $5,000,000.

      3.  Within any 12-month period, a public body may contract with a design-build team for the design and construction of not more than two discrete public works projects, each of which have an estimated cost of $5,000,000 or less if the public body has approved the use of a design-build team.

 


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ê2017 Statutes of Nevada, Page 4035 (Chapter 562, SB 246)ê

 

      Sec. 5. Section 15 of chapter 487, Statutes of Nevada 2013, at page 2986, is hereby amended to read as follows:

       Sec. 15.  1.  This section and sections 1, 2, 3, 4, 5, 6, 7.5 to 13, inclusive, 14, 14.3 and 14.5 of this act become effective on July 1, 2013.

       2.  Section 1 of this act expires by limitation on June 30, [2017.] 2021.

       3.  Sections 2.3, 2.5, 3.5, 4.5, 5.3, 5.5, 5.7, 6.5, 13.5, 14.1 and 14.7 of this act become effective on July 1, [2017.] 2021.

      Sec. 6. Section 9 of chapter 123, Statutes of Nevada 2015, at page 457, is hereby amended to read as follows:

       Sec. 9.  1.  This act becomes effective upon passage and approval.

       2.  Sections 6 and 7.5 of this act expire by limitation on June 30, [2017.] 2021.

      Sec. 7.  1.  This section and sections 5 and 6 of this act become effective upon passage and approval.

      2.  Sections 1 to 4, inclusive, of this act become effective on July 1, 2017.

      3.  Sections 1 to 3, inclusive, of this act expire by limitation on June 30, 2021.

________

CHAPTER 563, SB 258

Senate Bill No. 258–Senators Gustavson, Hardy; Gansert, Hammond, Manendo, Parks, Settelmeyer and Woodhouse

 

Joint Sponsors: Assemblymen Kramer and Krasner

 

CHAPTER 563

 

[Approved: June 12, 2017]

 

AN ACT relating to property; establishing the requirements for a written notice to request the curing of a violation of the governing documents of a unit-owners’ association without imposition of a fine; establishing provisions relating to property owned by more than one person; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      If an owner or a tenant or an invitee of the owner or tenant violates a provision of the governing documents of an association, existing law allows the executive board of the common-interest community to prohibit the owner, tenant or invitee from voting on matters related to the common-interest community or using the common elements. Existing law also permits the executive board to impose a fine on the owner, tenant or invitee for each such violation under certain circumstances. (NRS 116.31031) Section 1 of this bill authorizes an executive board to send a written notice to cure an alleged violation of a provision of the governing documents to an owner and, if different, a person responsible for curing the alleged violation, without the imposition of a fine. Section 1 also requires that any such written notice meet certain requirements.

 


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ê2017 Statutes of Nevada, Page 4036 (Chapter 563, SB 258)ê

 

      Existing law establishes provisions relating to local improvements, including improvement districts and neighborhood improvement projects. (Chapter 271 of NRS) Section 2 of this bill authorizes certain property owners who own additional property jointly with certain other property owners or who own a fractional interest in additional property as a tenant in common along with certain other property owners to act on behalf of all such property owners in certain circumstances.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 116.31031 is hereby amended to read as follows:

      116.31031  1.  Except as otherwise provided in this section, if a unit’s owner or a tenant or an invitee of a unit’s owner or a tenant violates any provision of the governing documents of an association, the executive board may, if the governing documents so provide:

      (a) Prohibit, for a reasonable time, the unit’s owner or the tenant or the invitee of the unit’s owner or the tenant from:

             (1) Voting on matters related to the common-interest community.

             (2) Using the common elements. The provisions of this subparagraph do not prohibit the unit’s owner or the tenant or the invitee of the unit’s owner or the tenant from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking.

      (b) Impose a fine against the unit’s owner or the tenant or the invitee of the unit’s owner or the tenant for each violation, except that:

             (1) A fine may not be imposed for a violation that is the subject of a construction penalty pursuant to NRS 116.310305; and

             (2) A fine may not be imposed against a unit’s owner or a tenant or invitee of a unit’s owner or a tenant for a violation of the governing documents which involves a vehicle and which is committed by a person who is delivering goods to, or performing services for, the unit’s owner or tenant or invitee of the unit’s owner or the tenant.

Ê If the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents. If the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000, whichever is less. The limitations on the amount of the fine do not apply to any charges or costs that may be collected by the association pursuant to this section if the fine becomes past due.

      (c) Send a written notice to cure an alleged violation, without the imposition of a fine, to the unit’s owner and, if different, the person responsible for curing the alleged violation. Any such written notice must:

             (1) Include an explanation of the applicable provisions of the governing documents that form the basis of the alleged violation;

 


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ê2017 Statutes of Nevada, Page 4037 (Chapter 563, SB 258)ê

 

             (2) Specify in detail the alleged violation and the proposed action to cure the alleged violation;

             (3) Provide a clear and detailed photograph of the alleged violation, if the alleged violation relates to the physical condition of the unit or the grounds of the unit or an act or a failure to act of which it is possible to obtain a photograph; and

             (4) Provide the unit’s owner or the tenant a reasonable opportunity to cure the alleged violation before the executive board may take additional actions, including, without limitation, other remedies available pursuant to this section.

      2.  The executive board may not impose a fine pursuant to subsection 1 against a unit’s owner for a violation of any provision of the governing documents of an association committed by an invitee of the unit’s owner or the tenant unless the unit’s owner:

      (a) Participated in or authorized the violation;

      (b) Had prior notice of the violation; or

      (c) Had an opportunity to stop the violation and failed to do so.

      3.  If the association adopts a policy imposing fines for any violations of the governing documents of the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner, a schedule of the fines that may be imposed for those violations.

      4.  The executive board may not impose a fine pursuant to subsection 1 unless:

      (a) Not less than 30 days before the alleged violation, the unit’s owner and, if different, the person against whom the fine will be imposed had been provided with written notice of the applicable provisions of the governing documents that form the basis of the alleged violation; and

      (b) Within a reasonable time after the discovery of the alleged violation, the unit’s owner and, if different, the person against whom the fine will be imposed has been provided with:

             (1) Written notice:

                   (I) Specifying in detail the alleged violation, the proposed action to cure the alleged violation, the amount of the fine, and the date, time and location for a hearing on the alleged violation; and

                   (II) Providing a clear and detailed photograph of the alleged violation, if the alleged violation relates to the physical condition of the unit or the grounds of the unit or an act or a failure to act of which it is possible to obtain a photograph; and

             (2) A reasonable opportunity to cure the alleged violation or to contest the alleged violation at the hearing.

Ê For the purposes of this subsection, a unit’s owner shall not be deemed to have received written notice unless written notice is mailed to the address of the unit and, if different, to a mailing address specified by the unit’s owner.

      5.  The executive board must schedule the date, time and location for the hearing on the alleged violation so that the unit’s owner and, if different, the person against whom the fine will be imposed is provided with a reasonable opportunity to prepare for the hearing and to be present at the hearing.

      6.  The executive board must hold a hearing before it may impose the fine, unless the fine is paid before the hearing or unless the unit’s owner and, if different, the person against whom the fine will be imposed:

 


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ê2017 Statutes of Nevada, Page 4038 (Chapter 563, SB 258)ê

 

      (a) Executes a written waiver of the right to the hearing; or

      (b) Fails to appear at the hearing after being provided with proper notice of the hearing.

      7.  If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days, or within any longer period that may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured. Any additional fine may be imposed without providing the opportunity to cure the violation and without the notice and an opportunity to be heard required by paragraph (b) of subsection 4.

      8.  If the governing documents so provide, the executive board may appoint a committee, with not less than three members, to conduct hearings on alleged violations and to impose fines pursuant to this section. While acting on behalf of the executive board for those limited purposes, the committee and its members are entitled to all privileges and immunities and are subject to all duties and requirements of the executive board and its members.

      9.  A member of the executive board shall not participate in any hearing or cast any vote relating to a fine imposed pursuant to subsection 1 if the member has not paid all assessments which are due to the association by the member. If a member of the executive board:

      (a) Participates in a hearing in violation of this subsection, any action taken at the hearing is void.

      (b) Casts a vote in violation of this subsection, the vote is void.

      10.  The provisions of this section establish the minimum procedural requirements that the executive board must follow before it may impose a fine. The provisions of this section do not preempt any provisions of the governing documents that provide greater procedural protections.

      11.  Any past due fine must not bear interest, but may include any costs incurred by the association during a civil action to enforce the payment of the past due fine.

      12.  If requested by a person upon whom a fine was imposed, not later than 60 days after receiving any payment of a fine, an association shall provide to the person upon whom the fine was imposed a statement of the remaining balance owed.

      Sec. 2. Chapter 271 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise provided by law or an agreement between the respective parties, and regardless of the date on which an interest in property was acquired, if a property owner:

      1.  Owns property that is:

      (a) Subject to a covenant, condition or restriction recorded against the property before July 1, 2017; and

      (b) Not subject to the provisions of chapter 116 of NRS; and

      2.  Owns additional property jointly with one or more other such property owners or owns a fractional interest in additional property as a tenant in common along with one or more other such property owners,

Ê any property owners representing at least a majority of the ownership of such additional property may act on behalf of all the property owners who own such additional property.

 


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ê2017 Statutes of Nevada, Page 4039 (Chapter 563, SB 258)ê

 

      Sec. 3.  1.  This section and section 2 of this act become effective on July 1, 2017.

      2.  Section 1 of this act becomes effective on October 1, 2017.

________

CHAPTER 564, SB 259

Senate Bill No. 259–Senators Manendo, Parks, Cannizzaro, Segerblom, Gustavson; Atkinson, Cancela, Denis, Farley, Ford, Gansert, Hammond, Hardy, Ratti, Spearman and Woodhouse

 

Joint Sponsor: Assemblyman Carrillo

 

CHAPTER 564

 

[Approved: June 12, 2017]

 

AN ACT relating to motor vehicles; requiring certain persons to install an ignition interlock device following a revocation of a driver’s license, permit or privilege to drive; revising the provisions governing the period of revocation of a driver’s license, permit or privilege to drive related to certain offenses involving driving under the influence; requiring the court to order certain persons to install an ignition interlock device in certain circumstances; revising provisions governing the installation of an ignition interlock device following a conviction of driving under the influence of alcohol or a controlled substance; prohibiting a person from providing his or her breath for an ignition interlock device required to be installed in the vehicle of another person under certain circumstances; requiring the Committee on Testing for Intoxication to adopt certain regulations; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the revocation of the driver’s license, permit or privilege to drive of a person who: (1) has a concentration of alcohol of 0.08 or more in his or her blood or breath or who is found to have a detectable amount of a prohibited substance in his or her blood or urine for which he or she did not have a valid prescription or hold a valid registry identification card; or (2) fails to submit to an evidentiary test requested by a police officer. The driver’s license, permit or privilege of the person is revoked for a period of: (1) 90 days for having a concentration of alcohol of 0.08 or more in his or her blood or breath or who is found to have a detectable amount of a prohibited substance in his or her blood or urine under certain circumstances; or (2) not less than 1 year, or 3 years under certain circumstances, for failing to submit to an evidentiary test. (NRS 484C.210, 484C.220) Section 3 of this bill requires a person whose license, permit or privilege has been revoked for failure to submit to an evidentiary test or for having a concentration of alcohol of 0.08 or more in his or her blood or breath to install, at his or her own expense, an ignition interlock device in each vehicle the person operates as a condition to obtaining a restricted license. Existing law further provides that the officer is required to advise the person of his or her right to administrative and judicial review of the revocation and to have a temporary license, valid for 7 days, which the officer must issue upon request. (NRS 484C.220) Section 4 of this bill requires the officer to also advise the person that he or she is required to install an ignition interlock device, at his or her own expense, in each vehicle the person operates as a condition to obtaining a restricted license.

 


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ê2017 Statutes of Nevada, Page 4040 (Chapter 564, SB 259)ê

 

      Under existing law, the driver’s license, permit or privilege of a person convicted of an offense involving driving under the influence of alcohol or a controlled substance is revoked for a period of 90 days for a first offense. (NRS 483.460) Section 1 of this bill revises the period of revocation for such an offense to not less than 185 days.

      With certain exceptions, existing law requires a court to order a person to install, at his or her own expense, an ignition interlock device in each vehicle the person owns or operates if the person is convicted of an offense involving driving under the influence of alcohol or a controlled substance which: (1) constitutes a felony; or (2) constitutes a misdemeanor, but the concentration of alcohol in the person’s blood or breath was 0.18 or more. Existing law also authorizes a court to order a person to install an ignition interlock device if the person is convicted of a misdemeanor offense involving driving under the influence of alcohol or a controlled substance in which the concentration of alcohol in the person’s blood or breath was less than 0.18. (NRS 484C.110, 484C.400, 484C.460) Section 6 of this bill requires a court to order the installation of an ignition interlock device for all persons convicted of an offense involving driving under the influence of alcohol or a controlled substance. Section 9 of this bill authorizes a juvenile court to order the installation of an ignition interlock device for a child convicted of an offense involving driving under the influence of alcohol or a controlled substance. Section 3 authorizes the court to give the person day-for-day credit for any period during which the person installed a device as a condition to obtaining a restricted license before the issuance of an order from the court to do so. Further, section 7 of this bill authorizes the court to extend the order of a person required to install an ignition interlock device if the court receives a report from the Director of the Department of Public Safety that the person has committed certain violations. Existing law authorizes a court to provide an exception to ordering a person to install an ignition interlock device to avoid undue hardship to the person. (NRS 484C.460) Section 6 revises this exception and additionally authorizes the court, in the interests of justice, to not order a person to install an ignition interlock device if: (1) a person is unable to provide a deep lung sample for a device as certified in writing by a physician; or (2) a person resides more than 100 miles from a manufacturer of a device.

      Section 2.5 of this bill prohibits a person from providing a sample of his or her breath for an ignition interlock device required to be installed in a vehicle of another person with the intent to enable the person who is required to install the device to start the vehicle. A person who provides such a sample of breath is guilty of a misdemeanor.

      Section 8 of this bill requires the Committee on Testing for Intoxication to adopt certain regulations relating to the manufacturer of the ignition interlock device to: (1) prescribe the form and content of certain records; (2) prescribe certain standards and procedures related to the device; and (3) require certain discounts and waive certain costs for certain persons.

 

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 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his or her conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

 


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ê2017 Statutes of Nevada, Page 4041 (Chapter 564, SB 259)ê

 

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 6 of NRS 484B.653.

             (2) A third or subsequent violation within 7 years of NRS 484C.110 or 484C.120.

             (3) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.

             (4) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle crash resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484B.550.

      (c) For a period of [90 days,] not less than 185 days, if the offense is a first violation within 7 years of NRS 484C.110 or 484C.120.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484C.110 has been permitted to enter a program of treatment pursuant to NRS 484C.320, the Department shall reduce by one-half the period during which the person is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that the person was not accepted for or failed to complete the treatment.

 

 


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ê2017 Statutes of Nevada, Page 4042 (Chapter 564, SB 259)ê

 

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his or her first such offense during the period of required use of the device.

      (b) For 5 years, if it is his or her second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064, 206.330 or 392.148, chapters 484A to 484E, inclusive, of NRS or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

      Sec. 2. NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a [second violation within 7 years of] violation of NRS 484C.110, and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his or her work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.

      2.  A person who [has been ordered] is required to install a device in a motor vehicle pursuant to NRS 484C.210 or 484C.460:

      (a) Shall install the device not later than [21] 14 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

             (1) After at least 1 year of the period during which the person is not eligible for a license, if the person was convicted of:

                   (I) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

                   (II) A violation of NRS 484C.110 that is punishable as a felony pursuant to NRS 484C.410 or 484C.420; or

             (2) After at least 180 days of the period during which the person is not eligible for a license, if the person was convicted of a violation of subsection 6 of NRS 484B.653 . [; or

 


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ê2017 Statutes of Nevada, Page 4043 (Chapter 564, SB 259)ê

 

             (3)After at least 45 days of the period during which the person is not eligible for a license, if the person was convicted of a first violation within 7 years of NRS 484C.110.]

      3.  If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484C.460 [,] or following an order of revocation issued pursuant to 484C.220, the Department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  Except as otherwise provided in NRS 62E.630, after a driver’s license has been revoked or suspended pursuant to title 5 of NRS or NRS 392.148, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both; or

      (b) If applicable, to and from school.

      5.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both;

      (b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

      (a) A violation of NRS 484C.110, 484C.210 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      8.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 2.5. Chapter 484C of NRS is hereby amended by adding thereto a new section to read as follows:

      Any person who provides a sample of breath for a device, with the intent to start a motor vehicle of another and for the purpose of allowing a person required to install a device pursuant to NRS 484C.210 or 484C.460 to avoid providing a sample of his or her breath, is guilty of a misdemeanor.

 


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ê2017 Statutes of Nevada, Page 4044 (Chapter 564, SB 259)ê

 

      Sec. 3. NRS 484C.210 is hereby amended to read as follows:

      484C.210  1.  If a person fails to submit to an evidentiary test as requested by a police officer pursuant to NRS 484C.160, the license, permit or privilege to drive of the person must be revoked as provided in NRS 484C.220, and the person is not eligible for a license, permit or privilege to drive for a period of:

      (a) One year; or

      (b) Three years, if the license, permit or privilege to drive of the person has been revoked during the immediately preceding 7 years for failure to submit to an evidentiary test.

      2.  If the result of a test given under NRS 484C.150 or 484C.160 shows that a person had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140, at the time of the test, the license, permit or privilege of the person to drive must be revoked as provided in NRS 484C.220 and the person is not eligible for a license, permit or privilege for a period of 90 days.

      3.  Except as otherwise provided in subsection 1, at any time while a person is not eligible for a license, permit or privilege to drive following a revocation under subsection 1 or 2 which was based on the person having a concentration of alcohol of 0.08 or more in his or her blood or breath, the person shall install, at his or her own expense, a device in any motor vehicle which the person operates as a condition to obtaining a restricted license pursuant to NRS 483.490.

      4.  If a revocation of a person’s license, permit or privilege to drive under NRS 62E.640 or 483.460 follows a revocation under subsection 2 which was based on the person having a concentration of alcohol of 0.08 or more in his or her blood or breath, the Department shall cancel the revocation under that subsection and give the person credit for any period during which the person was not eligible for a license, permit or privilege.

      5.  If an order to install a device pursuant to NRS 62E.640 or 484C.460 follows the installation of a device pursuant to subsection 3, the court may give the person day-for-day credit for any period during which the person installed a device as a condition to obtaining a restricted license.

      [4.]6.  Periods of ineligibility for a license, permit or privilege to drive which are imposed pursuant to this section must run consecutively.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

      Sec. 4. NRS 484C.220 is hereby amended to read as follows:

      484C.220  1.  As agent for the Department, the officer who requested that a test be given pursuant to NRS 484C.150 or 484C.160 or who obtained the result of a test given pursuant to NRS 484C.150 or 484C.160 shall immediately serve an order of revocation of the license, permit or privilege to drive on a person who failed to submit to a test requested by the police officer pursuant to NRS 484C.150 or 484C.160 or who has a concentration of alcohol of 0.08 or more in his or her blood or breath or has a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140, if that person is present, and shall seize the license or permit to drive of the person.

 


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drive of the person. The officer shall then, unless the information is expressly set forth in the order of revocation, advise the person of his or her right to administrative and judicial review of the revocation pursuant to NRS 484C.230 and, except as otherwise provided in this subsection, that the person has a right to request a temporary license. The officer shall also, unless the information is expressly set forth in the order of revocation, advise the person that he or she is required to install a device pursuant to NRS 484C.210. If the person currently is driving with a temporary license that was issued pursuant to this section or NRS 484C.230, the person is not entitled to request an additional temporary license pursuant to this section or NRS 484C.230, and the order of revocation issued by the officer must revoke the temporary license that was previously issued. If the person is entitled to request a temporary license, the officer shall issue the person a temporary license on a form approved by the Department if the person requests one, which is effective for only 7 days including the date of issuance. The officer shall immediately transmit the person’s license or permit to the Department along with the written certificate required by subsection 2.

      2.  When a police officer has served an order of revocation of a driver’s license, permit or privilege on a person pursuant to subsection 1, or later receives the result of an evidentiary test which indicates that a person, not then present, had a concentration of alcohol of 0.08 or more in his or her blood or breath or had a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140, the officer shall immediately prepare and transmit to the Department, together with the seized license or permit and a copy of the result of the test, if any, a written certificate that the officer had reasonable grounds to believe that the person had been driving or in actual physical control of a vehicle:

      (a) With a concentration of alcohol of 0.08 or more in his or her blood or breath or with a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140, as determined by a chemical test; or

      (b) While under the influence of intoxicating liquor or a controlled substance or with a prohibited substance in his or her blood or urine and the person refused to submit to a required evidentiary test.

Ê The certificate must also indicate whether the officer served an order of revocation on the person and whether the officer issued the person a temporary license.

      3.  The Department, upon receipt of such a certificate for which an order of revocation has not been served, after examining the certificate and copy of the result of the chemical test, if any, and finding that revocation is proper, shall issue an order revoking the person’s license, permit or privilege to drive by mailing the order to the person at the person’s last known address. The order must indicate the grounds for the revocation and the period during which the person is not eligible for a license, permit or privilege to drive and state that the person has a right to administrative and judicial review of the revocation and to have a temporary license. The order must also indicate that the person is required to install a device pursuant to NRS 484C.210. The order of revocation becomes effective 5 days after mailing.

 


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      4.  Notice of an order of revocation and notice of the affirmation of a prior order of revocation or the cancellation of a temporary license provided in NRS 484C.230 is sufficient if it is mailed to the person’s last known address as shown by any application for a license. The date of mailing may be proved by the certificate of any officer or employee of the Department, specifying the time of mailing the notice. The notice is presumed to have been received upon the expiration of 5 days after it is deposited, postage prepaid, in the United States mail.

      5.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

      Sec. 5. NRS 484C.230 is hereby amended to read as follows:

      484C.230  1.  At any time while a person is not eligible for a license, permit or privilege to drive following an order of revocation issued pursuant to NRS 484C.220, the person may request in writing a hearing by the Department to review the order of revocation, but the person is only entitled to one hearing. The hearing must be conducted as soon as is practicable at any location, if the hearing officer permits each party and witness to attend the hearing by telephone, videoconference or other electronic means. The Director or agent of the Director may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the requester. Unless the person is ineligible for a temporary license pursuant to NRS 484C.220, the Department shall issue an additional temporary license for a period which is sufficient to complete the administrative review. A person who is issued a temporary license is not subject to and is exempt from the requirement to install a device pursuant to NRS 484C.210.

      2.  The scope of the hearing must be limited to the issue of whether the person:

      (a) Failed to submit to a required test provided for in NRS 484C.150 or 484C.160; or

      (b) At the time of the test, had a concentration of alcohol of 0.08 or more in his or her blood or breath or a detectable amount of a controlled substance or prohibited substance in his or her blood or urine for which he or she did not have a valid prescription, as defined in NRS 453.128, or hold a valid registry identification card, as defined in NRS 453A.140.

Ê Upon an affirmative finding on either issue, the Department shall affirm the order of revocation. Otherwise, the order of revocation must be rescinded.

      3.  If, after the hearing, the order of revocation is affirmed, the person whose license, permit or privilege to drive has been revoked shall, if not previously installed, install a device pursuant to NRS 484C.210.

      4.  If, after the hearing, the order of revocation is affirmed, the person whose license, privilege or permit has been revoked is entitled to a review of the same issues in district court in the same manner as provided by chapter 233B of NRS. The court shall notify the Department upon the issuance of a stay, and the Department shall issue an additional temporary license for a period which is sufficient to complete the review. A person who is issued a temporary license is not subject to and is exempt from the requirement to install a device pursuant to NRS 484C.210.

      [4.]5.  If a hearing officer grants a continuance of a hearing at the request of the person whose license was revoked, or a court does so after issuing a stay of the revocation, the officer or court shall notify the Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to the person’s last known address.

 


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Department, and the Department shall cancel the temporary license and notify the holder by mailing the order of cancellation to the person’s last known address.

      6.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

      Sec. 5.5. NRS 484C.450 is hereby amended to read as follows:

      484C.450  As used in NRS 484C.450 to 484C.480, inclusive, and section 2.5 of this act, unless the context otherwise requires, “device” means a mechanism that:

      1.  Tests a person’s breath to determine the concentration of alcohol in his or her breath; and

      2.  If the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, prevents the motor vehicle in which it is installed from starting.

      Sec. 6. NRS 484C.460 is hereby amended to read as follows:

      484C.460  1.  Except as otherwise provided in subsections 2 and 5, a court [:

      (a) May] shall order a person convicted of [a] :

      (a) A violation of NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of less than 0.18 in his or her blood or breath, [for a period of not less than 3 months nor more than 6 months,] to install , at his or her own expense and for a period of not less than 185 days, a device in any motor vehicle which the person [owns or] operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

      (b) [Shall order a person convicted of:

             (1)] A violation of :

             (1) NRS 484C.110 that is punishable pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400, if the person is found to have had a concentration of alcohol of 0.18 or more in his or her blood or breath;

             (2) [A violation of] NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to NRS 484C.400 or 484C.410; or

             (3) [A violation of] NRS 484C.130 or 484C.430,

Ê [for a period of not less than 12 months nor more than 36 months,] to install , at his or her own expense and for a period of not less than 12 months or more than 36 months, a device in any motor vehicle which the person [owns or] operates as a condition to obtaining a restricted license pursuant to NRS 483.490 or as a condition of reinstatement of the driving privilege of the person.

      2.  A court may , in the interests of justice, provide for an exception to the provisions of [subparagraph (1) of paragraph (b) of] subsection 1 for a person who is convicted of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, to avoid undue hardship to the person if the court determines that:

      (a) Requiring the person to install a device in a motor vehicle which the person owns or operates would cause the person to experience an economic hardship; [and]

      (b) The person requires the use of the motor vehicle to:

             (1) Travel to and from work or in the course and scope of his or her employment; or

 


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             (2) Obtain medicine, food or other necessities or to obtain health care services for the person or another member of the person’s immediate family . [; or

             (3) Transport the person or another member of the person’s immediate family to or from school.]

      (c) The person is unable to provide a deep lung breath sample for a device, as certified in writing by a physician of the person; or

      (d) The person resides more than 100 miles from a manufacturer of a device or its agent.

      3.  If the court orders a person to install a device pursuant to subsection 1:

      (a) The court shall immediately prepare and transmit a copy of its order to the Director. The order must include a statement that a device is required and the specific period for which it is required. The Director shall cause this information to be incorporated into the records of the Department and noted as a restriction on the person’s driver’s license.

      (b) The person who is required to install the device shall provide proof of compliance to the Department before the person may receive a restricted license or before the driving privilege of the person may be reinstated, as applicable. Each model of a device installed pursuant to this section must have been certified by the Committee on Testing for Intoxication.

      4.  A person whose driving privilege is restricted pursuant to this section or NRS 483.490 shall [:

      (a) If the person was ordered to install a device pursuant to paragraph (a) of subsection 1,] have the device inspected , calibrated, monitored and maintained by the manufacturer of the device or its agent [at least one time during the period in which the person is required to use the device; or

      (b) If the person was ordered to install a device pursuant to paragraph (b) of subsection 1, have the device inspected by the manufacturer of the device or its agent] at least one time each 90 days [,

Ê] during the period in which the person is required to use the device to determine whether the device is operating properly. [An] Any inspection , calibration, monitoring or maintenance required pursuant to this subsection must be conducted in accordance with regulations adopted pursuant to NRS 484C.480. The manufacturer or its agent shall submit a report to the Director indicating whether the device is operating properly , whether any of the incidents listed in subsection 1 of NRS 484C.470 have occurred and whether [it] the device has been tampered with. If the device has been tampered with, the Director shall notify the court that ordered the installation of the device. Upon receipt of such notification and before the court imposes a penalty pursuant to subsection 3 of NRS 484C.470, the court shall afford any interested party an opportunity for a hearing after reasonable notice.

      5.  If a person is required to operate a motor vehicle in the course and scope of his or her employment and the motor vehicle is owned by the person’s employer, the person may operate that vehicle without the installation of a device, if:

      (a) The employee notifies his or her employer that the employee’s driving privilege has been so restricted; and

      (b) The employee has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the motor vehicle.

 


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Ê This exemption does not apply to a motor vehicle owned by a business which is all or partly owned or controlled by the person otherwise subject to this section.

      6.  The running of the period during which a person is required to have a device installed pursuant to this section commences when the Department issues a restricted license to the person or reinstates the driving privilege of the person and is tolled whenever and for as long as the person is, with regard to a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation.

      Sec. 7. NRS 484C.470 is hereby amended to read as follows:

      484C.470  1.  The court may extend the order of a person who is required to install a device pursuant to NRS 484C.210 or 484C.460, not to exceed one-half of the period during which the person is required to have a device installed, if the court receives from the Director of the Department of Public Safety a report that 4 consecutive months prior to the date of release any of the following incidents occurred:

      (a) Any attempt by the person to start the vehicle with a concentration of alcohol of 0.04 or more in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.04 and the digital image confirms the same person provided both samples;

      (b) Failure of the person to take any random test unless a review of the digital image confirms that the vehicle was not occupied by the person at the time of the missed test;

      (c) Failure of the person to pass any random retest with a concentration of alcohol of 0.025 or lower in his or her breath unless a subsequent test performed within 10 minutes registers a concentration of alcohol lower than 0.025, and the digital image confirms the same person provided both samples;

      (d) Failure of the person to have the device inspected, calibrated, monitored and maintained by the manufacturer or its agent pursuant to subsection 4 of NRS 484C.460; or

      (e) Any attempt by the person to operate a motor vehicle without a device or tamper with the device.

      2.  A person required to install a device pursuant to NRS 484C.210 or 484C.460 shall not operate a motor vehicle without a device or tamper with the device.

      [2.]3.  A person who violates any provision of subsection [1:] 2:

      (a) Must have his or her driving privilege revoked in the manner set forth in subsection 4 of NRS 483.460; and

      (b) Shall be:

             (1) Punished by imprisonment in jail for not less than 30 days nor more than 6 months; or

             (2) Sentenced to a term of not less than 60 days in residential confinement nor more than 6 months, and by a fine of not less than $500 nor more than $1,000.

Ê No person who is punished pursuant to this section may be granted probation, and no sentence imposed for such a violation may be suspended. No prosecutor may dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.

 


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for any other reason unless, in the judgment of the attorney, the charge is not supported by probable cause or cannot be proved at trial.

      Sec. 8. NRS 484C.480 is hereby amended to read as follows:

      484C.480  1.  The Committee on Testing for Intoxication shall [on or before January 1, 1990,] adopt regulations which:

      (a) Provide for the certification of each model of those devices, described by manufacturer and model, which it approves as designed and manufactured to be accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, prevent the motor vehicle in which it is installed from starting.

      (b) Prescribe the form and content of records respecting the calibration of devices, which must be kept by the [Director] manufacturer of the device or [the] its agent , [of the Director,] and other records respecting the installation, removal, inspection, maintenance and operation of the devices which it finds should be kept by the [Director] manufacturer or [the] its agent.

      (c) Prescribe standards and procedures for the proper installation, removal, inspection, calibration, maintenance and operation of a device installed by the manufacturer or its agent.

      (d) Require the manufacturer or its agent to waive the cost of installing or removing the device and adjust the fee to lease, calibrate or monitor the device, if the person required to install a device pursuant to NRS 484C.210 or 484C.460:

             (1) Has an income which is at or below 100 percent of the federally designated level signifying poverty, to 50 percent of the fee; or

             (2) Receives supplemental nutritional assistance pursuant to NRS 422A.072, was determined indigent pursuant to NRS 171.188 or has an income which is at or below 149 percent of the federally designated level signifying poverty, to 75 percent of the fee.

      2.  The Committee shall establish its own standards and procedures for evaluating the models of the devices and obtain evaluations of those models from the Director or the manufacturer of the device or its the agent.

      3.  If a model of a device has been certified by the Committee to be accurate and reliable pursuant to subsection 1, it is presumed that, as designed and manufactured, each device of that model is accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath and, if the results of the test indicate that the person has a concentration of alcohol of 0.02 or more in his or her breath, will prevent the motor vehicle in which it is installed from starting.

      Sec. 9. NRS 62E.640 is hereby amended to read as follows:

      62E.640  1.  If a child is adjudicated delinquent for an unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, the juvenile court shall, if the child possesses a driver’s license:

      (a) Issue an order revoking the driver’s license of the child for [90] 185 days and requiring the child to surrender the driver’s license of the child to the juvenile court; and

      (b) Not later than 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order and the driver’s license of the child.

 


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      2.  The Department of Motor Vehicles shall order the child to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement of the driver’s license of the child.

      3.  If the child is adjudicated delinquent for a subsequent unlawful act in violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430, the juvenile court shall order an additional period of revocation to apply consecutively with the previous order.

      4.  The juvenile court may [authorize] :

      (a) Authorize the Department of Motor Vehicles to issue a restricted driver’s license pursuant to NRS 483.490 to a child whose driver’s license is revoked pursuant to this section [.] ; and

      (b) Order the child to install, at his or her own expense, or at the expense of the parent or guardian of the child, a device in any motor vehicle the child operates as a condition to obtaining a restricted license pursuant to NRS 483.490.

      5.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

      Sec. 10.  This act becomes effective:

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

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

________

CHAPTER 565, SB 268

Senate Bill No. 268–Committee on Judiciary

 

CHAPTER 565

 

[Approved: June 12, 2017]

 

AN ACT relating to corrections; requiring the Director of the Department of Corrections to verify the full legal name and age of an offender who is to be released by obtaining certain documents before providing a photo identification card to the offender; authorizing a sheriff, chief of police or town marshal, upon request, to provide certain information and assistance to a person who is to be released from a jail or detention facility; revising provisions governing the allowance of credits to a prisoner of a local detention facility who successfully completes a program of education, a program of vocational education and training, a program of treatment for alcohol or drug abuse or another approved program; revising the documents which may be furnished to the Department of Motor Vehicles as proof of the full legal name and age of the offender to apply for a driver’s license or identification card; providing for the waiver of certain fees relating to driver’s licenses and identification cards for certain persons who are released from a jail or detention facility; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Corrections to provide to an offender upon the offender’s release from prison and if the offender requests it: (1) a photo identification card containing the name, the date of birth and a color picture of the offender; and (2) information and reasonable assistance relating to acquiring a valid driver’s license or identification card to enable the offender to obtain employment if the offender is eligible to acquire a driver’s license or identification card from the Department of Motor Vehicles. (NRS 209.511) Section 1 of this bill requires the Director to verify the full legal name and age of the offender by obtaining certain documents to prove the name and age of the offender before providing the photo identification card. Section 2 of this bill authorizes the sheriff of a county, the chief of police of a city or a town marshal, if requested, to provide a prisoner with certain information and assistance upon the person’s release from the county, city or town jail or detention facility because of the expiration of the person’s sentence or term of detention.

      Existing law requires the deduction of 5 days from a prisoner’s term of imprisonment in a county or municipal detention facility if the prisoner earns a general educational development certificate or an equivalent document for successfully completing an educational program for adults that is conducted jointly by the local detention facility and the school district in which the facility is located. (NRS 211.330) Section 3 of this bill provides that, under certain circumstances, a prisoner of a county, city or town jail or detention facility must be allowed a deduction of not more than 5 days from his or her term of imprisonment for: (1) earning a general educational development certificate or an equivalent document for successfully completing an educational program for adults; or (2) successfully completing a program of vocational education and training or another approved program.

      Existing law authorizes the deduction of not more than 5 days from a prisoner’s term of imprisonment in a county or municipal detention facility if the prisoner is awarded a certificate for successfully completing a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility and a person who holds a license or certificate as an alcohol and drug abuse counselor or counselor intern. (NRS 211.340) Section 4 of this bill provides that, under certain circumstances, a prisoner of a county, city or town jail or detention facility must be allowed a deduction of 5 days from his or her term of imprisonment for receiving a certificate for successfully completing a program of treatment for the abuse of alcohol or drugs.

      Sections 3 and 4 also provide that if the prisoner completes the applicable program with meritorious or exceptional achievement, the prisoner may be allowed up to an additional 5 days of credit.

      Existing law provides for the waiver of: (1) certain fees for furnishing a duplicate driver’s license for a person who was released from prison within the 90 days immediately preceding the person’s application for the driver’s license or identification card; and (2) the cost of producing a photograph for a driver’s license or identification card. (NRS 483.417, 483.825) Sections 6 and 7 of this bill authorize the waiver of the fees for a person who was released from a county, city or town jail or a detention facility within the immediately preceding 90 days.

 

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 209.511 is hereby amended to read as follows:

      209.511  1.  [When] Except as otherwise provided in subsection 2, when an offender is released from prison by expiration of his or her term of sentence, by pardon or by parole, the Director:

 


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      (a) May furnish the offender with a sum of money not to exceed $100, the amount to be based upon the offender’s economic need as determined by the Director;

      (b) Shall give the offender notice of the provisions of chapter 179C of NRS and NRS 202.357 and 202.360;

      (c) Shall require the offender to sign an acknowledgment of the notice required in paragraph (b);

      (d) Shall give the offender notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;

      (e) Shall provide the offender with information relating to obtaining employment, including, without limitation, any programs which may provide bonding for an offender entering the workplace and any organizations which may provide employment or bonding assistance to such a person;

      (f) Shall provide the offender with a photo identification card issued by the Department and information and reasonable assistance relating to acquiring a valid driver’s license or identification card to enable the offender to obtain employment, if the offender:

             (1) Requests a photo identification card; or

             (2) Requests such information and assistance and is eligible to acquire a valid driver’s license or identification card from the Department of Motor Vehicles;

      (g) May provide the offender with clothing suitable for reentering society;

      (h) May provide the offender with the cost of transportation to his or her place of residence anywhere within the continental United States, or to the place of his or her conviction;

      (i) May, but is not required to, release the offender to a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS; and

      (j) Shall require the offender to submit to at least one test for exposure to the human immunodeficiency virus.

      2.  The Director shall not provide an offender with a photo identification card pursuant to paragraph (f) of subsection 1 unless the Director has verified the full legal name and age of the offender by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860, as applicable, furnished as proof of the full legal name and age of an applicant for a driver’s license or identification card.

      3.  The costs authorized in paragraphs (a), (f), (g), (h) and (j) of subsection 1 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.

      [3.]4.  As used in this section:

      (a) “Facility for transitional living for released offenders” has the meaning ascribed to it in NRS 449.0055.

      (b) “Photo identification card” means a document which includes the name, date of birth and a color picture of the offender.

      Sec. 2. Chapter 211 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, when a prisoner is released from a county, city or town jail or detention facility by expiration of his or her term of imprisonment, the sheriff, chief of police or town marshal, as applicable, may provide the prisoner with information and reasonable assistance relating to acquiring a valid driver’s license or identification card to enable the prisoner to obtain employment or participate in transitional programming, if the prisoner requests such information and assistance and is eligible to acquire a valid driver’s license or identification card from the Department of Motor Vehicles.

 


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of his or her term of imprisonment, the sheriff, chief of police or town marshal, as applicable, may provide the prisoner with information and reasonable assistance relating to acquiring a valid driver’s license or identification card to enable the prisoner to obtain employment or participate in transitional programming, if the prisoner requests such information and assistance and is eligible to acquire a valid driver’s license or identification card from the Department of Motor Vehicles.

      2.  The sheriff, chief of police or town marshal, as applicable, shall not provide a prisoner with information or assistance relating to acquiring a driver’s license or a photo identification card pursuant to subsection 1 unless he or she has verified the full legal name and age of the prisoner by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860, as applicable, furnished as proof of the full legal name and age of an applicant for a driver’s license or identification card.

      3.  As used in this section, “photo identification card” means a document which includes the name, the date of birth and a color picture of the prisoner.

      Sec. 3. NRS 211.330 is hereby amended to read as follows:

      211.330  1.  [In] A prisoner who has no serious infraction of the regulations of the county, city or town jail or detention facility in which the prisoner is incarcerated or detained, the terms and conditions of his or her residential confinement or the laws of this State recorded against the prisoner must be allowed, in addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.340, [the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated shall deduct] a deduction of not more than 5 days from the prisoner’s term of imprisonment for [earning] :

      (a) Earning a general educational development certificate or an equivalent document by successfully completing an educational program for adults [. conducted jointly by the local detention facility in which the prisoner is incarcerated and the school district in which the facility is located.] ; or

      (b) Successfully completing:

             (1) A program of vocational education and training; or

             (2) Any other program approved by the sheriff of the county, the chief of police of the municipality or the director, as applicable, for the county, city or town jail or detention facility, as applicable, in which the prisoner is incarcerated or detained.

      2.  [The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.] If the prisoner completes such a program with meritorious or exceptional achievement, the prisoner may be allowed not more than 5 days of credit for each such program in addition to the days allowed for the successful completion of the program pursuant to subsection 1.

      Sec. 4. NRS 211.340 is hereby amended to read as follows:

      211.340  1.  [In] A prisoner who has no serious infraction of the regulations of the county, city or town jail or detention facility in which the prisoner is incarcerated or detained, the terms and conditions of his or her residential confinement or the laws of this State recorded against the prisoner must be allowed, in addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.330, [the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct] not more than 5 days from the prisoner’s term of imprisonment if the prisoner:

 


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sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct] not more than 5 days from the prisoner’s term of imprisonment if the prisoner:

      (a) Successfully completes a program of treatment for the abuse of alcohol or drugs ; [which is conducted jointly by the local detention facility in which the prisoner is incarcerated and a person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern, pursuant to chapter 641C of NRS;] and

      (b) Is awarded a certificate evidencing the prisoner’s successful completion of the program.

      2.  [The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.] If the prisoner completes such a program with meritorious or exceptional achievement, the prisoner may be allowed not more than 5 days of credit in addition to the days allowed for the successful completion of the program pursuant to subsection 1.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 483.417 is hereby amended to read as follows:

      483.417  1.  The Department shall waive the fee prescribed by NRS 483.410 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate driver’s license to:

      (a) A homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.

      (b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.

      (c) A person who submits documentation from a county, city or town jail or detention facility verifying that the person was released from the county, city or town jail or detention facility, as applicable, within the immediately preceding 90 days.

      2.  A vendor that has entered into an agreement with the Department to produce photographs for drivers’ licenses pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of a homeless person or person released from prison or a county, city or town jail or detention facility for a duplicate driver’s license.

      3.  If the vendor does not waive pursuant to subsection 2 the cost it charges the Department and the Department has waived the increase in the fee required by NRS 483.347 for a duplicate driver’s license furnished to a person pursuant to subsection 1, the person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the person:

      (a) Applies to the Department for the renewal of his or her driver’s license; and

      (b) Is employed at the time of such application.

      4.  The Department may accept gifts, grants and donations of money to fund the provision of duplicate drivers’ licenses without a fee to persons pursuant to subsection 1.

 


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      Sec. 7. NRS 483.825 is hereby amended to read as follows:

      483.825  1.  The Department shall waive the fee prescribed by NRS 483.820 and the increase in the fee required by NRS 483.347 not more than one time for furnishing a duplicate identification card to:

      (a) A homeless person who submits a signed affidavit on a form prescribed by the Department stating that the person is homeless.

      (b) A person who submits documentation from the Department of Corrections verifying that the person was released from prison within the immediately preceding 90 days.

      (c) A person who submits documentation from a county, city or town jail or detention facility verifying that the person was released from the county, city or town jail, as applicable, within the immediately preceding 90 days.

      2.  A vendor that has entered into an agreement with the Department to produce photographs for identification cards pursuant to NRS 483.347 may waive the cost it charges the Department to produce the photograph of a homeless person or person released from prison , a county, city or town jail or detention facility for a duplicate identification card.

      3.  If the vendor does not waive pursuant to subsection 2 the cost it charges the Department and the Department has waived the increase in the fee required by NRS 483.347 for a duplicate identification card furnished to a person pursuant to subsection 1, the person shall reimburse the Department in an amount equal to the increase in the fee required by NRS 483.347 if the person:

      (a) Applies to the Department for the renewal of his or her identification card; and

      (b) Is employed at the time of such application.

      4.  The Department may accept gifts, grants and donations of money to fund the provision of duplicate identification cards without a fee to persons pursuant to subsection 1.

      5.  As used in this section, “photograph” has the meaning ascribed to it in NRS 483.125.

      Secs. 8 and 9. (Deleted by amendment.)

      Sec. 10.  This act becomes effective:

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

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

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ê2017 Statutes of Nevada, Page 4057ê

 

CHAPTER 566, SB 350

Senate Bill No. 350–Senator Atkinson

 

CHAPTER 566

 

[Approved: June 12, 2017]

 

AN ACT relating to trade regulations; prohibiting certain persons from installing, requiring to be installed or using certain technology devices in a motor vehicle in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines activities that constitute deceptive trade practices and provides for the imposition of civil and criminal penalties against persons who engage in deceptive trade practices. (NRS 11.190, 41.600; chapter 598 of NRS) Section 28 of this bill prohibits certain creditors or long-term lessors of certain motor vehicles from: (1) installing or requiring the installation of certain technology devices which record the location of a motor vehicle unless the consumer who has purchased or leased the motor vehicle is given written notice or agrees in writing to such installation; or (2) installing or using certain technology devices which can remotely disable a motor vehicle in the event of a default unless the consumer agrees in writing to such installation and use. Section 28 also provides certain requirements for and restrictions on the use of such technology devices. Section 29 of this bill imposes certain requirements and restrictions on certain persons who: (1) manufacture or provide such technology devices; (2) install such technology devices; or (3) possess or obtain data from such technology devices. Section 29.5 of this bill provides that such technology devices generally are the responsibility of a creditor or long-term lessor or, if applicable, any successor in interest or another secured party, and specifies that such responsibility includes paying for certain costs associated with, and any damage to a motor vehicle that is caused by, the use of such technology devices. Section 30 of this bill makes any violation of the provisions of sections 28 and 29 a deceptive trade practice. Sections 15-27 of this bill provide definitions for the provisions relating to the new deceptive trade practices established in sections 28 and 29. Section 31 of this bill makes a conforming change. Section 32 of this bill makes a conforming change to a provision of existing law that imposes certain requirements on retail installment contracts. (NRS 97.165)

 

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 1-14. (Deleted by amendment.)

      Sec. 15. Chapter 598 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 30, inclusive, of this act.

      Sec. 16. As used in sections 16 to 30, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 17 to 27, inclusive, of this act have the meanings ascribed in those sections.

      Sec. 17. “Consumer” means:

      1.  A retail buyer who purchases a motor vehicle; or

      2.  A long-term lessee who leases a motor vehicle,

Ê primarily for personal, family or household use.

      Sec. 18. “Creditor” means a lender, dealer or other secured party to a transaction for the purchase of a motor vehicle or the assignee of such a lender, dealer or other secured party.

 


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ê2017 Statutes of Nevada, Page 4058 (Chapter 566, SB 350)ê

 

      Sec. 19. “Dealer” has the meaning ascribed to it in NRS 482.020.

      Sec. 19.5. “Device” means all physical parts and pieces which are required to allow for the operation of electronic tracking technology or starter interruption technology in a motor vehicle.

      Sec. 20. “Electronic tracking technology” means technology that enables the use of a global positioning satellite or similar technology to obtain or record the location of a motor vehicle.

      Sec. 21. “Lease” has the meaning ascribed to it in NRS 482.053.

      Sec. 22. “Long-term lessee” has the meaning ascribed to it in NRS 482.053.

      Sec. 23. “Long-term lessor” has the meaning ascribed to it in NRS 482.053.

      Sec. 24. “Retail buyer” has the meaning ascribed to it in NRS 97.085.

      Sec. 25. “Retail installment contract” has the meaning ascribed to it in NRS 97.105.

      Sec. 26. “Secured party” has the meaning ascribed to it in NRS 104.9102.

      Sec. 27. “Starter interruption technology” means technology which can be used to remotely disable the starter of a motor vehicle or to remotely cause an audible sound in a motor vehicle, or both.

      Sec. 28. 1.  A creditor, in connection with a retail installment contract for the sale of a motor vehicle, or a long-term lessor, in connection with a lease of a motor vehicle, must not use, install or require to be installed in the motor vehicle any electronic tracking technology for the purpose of ascertaining or recording the location of the motor vehicle unless the:

      (a) Consumer agrees in writing to the installation of the electronic tracking technology in the motor vehicle, provided that the agreement is optional and not a required condition of the retail installment contract or lease; or

      (b) Creditor or long-term lessor provides to the consumer, before the signing of the retail installment contract or lease, written notification in a document that is separate from the contract or lease and may be retained by the consumer, that the motor vehicle is equipped with electronic tracking technology that may be used by the creditor or lessor:

             (1) To verify and maintain the operational status of the electronic tracking technology;

             (2) To service the contract or lease; or

             (3) To locate the vehicle for repossession as provided by this section or by any other provision of law.

      2.  A creditor, in connection with a retail installment contract for the sale of a motor vehicle, or a long-term lessor, in connection with a lease of a motor vehicle, must not install in the motor vehicle or use starter interruption technology unless, before the signing of the contract or lease the consumer and the creditor or long-term lessor enter into a written agreement, in a document that is separate from the contract or lease, a copy of which may be retained by the consumer and for which the consumer must provide written acknowledgment of receipt, that the motor vehicle is equipped with starter interruption technology. The agreement must provide that:

 


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ê2017 Statutes of Nevada, Page 4059 (Chapter 566, SB 350)ê

 

      (a) The vehicle is equipped with starter interruption technology which may only be used as provided in this subsection.

      (b) The starter interruption technology may be used to disable the starter of the motor vehicle remotely if the consumer is in default as provided in the retail installment contract or lease, but in no case sooner than 30 days after the due date of a missed payment by the consumer on the contract or lease.

      (c) The use of starter interruption technology to disable the starter of the motor vehicle constitutes constructive repossession for the purposes of applicable law, including, without limitation, chapters 97, 104 and 104A of NRS.

      (d) For the purposes of reducing or eliminating the risk of potential injury or harm to the consumer and the health, safety and welfare of the public, starter interruption technology must be designed, installed and operated only to prevent a motor vehicle from being started and must not be used in a way that will:

             (1) Disable the motor vehicle while it is being operated;

             (2) Turn off the engine when the engine is running; or

             (3) Cause an audible warning sound which lasts longer than 20 continuous seconds when the engine is started or turned off.

      (e) Not less than 48 hours before the starter interruption technology is engaged, the consumer must be provided with actual notice, in a manner clearly stated in the agreement and which may consist of, without limitation, a clear visual signal displayed in a place that is visible to the driver of the motor vehicle.

      (f) The consumer will be provided with the name, address and toll-free telephone number of a person who has the authority to have the starter interruption technology activated, deactivated or reinstated, as necessary.

      (g) If the starter interruption technology is engaged, the consumer will be provided with the ability, in the event of an emergency, to start and freely operate the vehicle not less than two times during a payment cycle under the retail installment contract or lease, for a period of not less than 24 hours after each time the vehicle is started.

      (h) In the event that the retail installment contract or lease for the motor vehicle is assigned to a successor in interest or another secured party, the successor in interest or other secured party must provide the consumer with his or her name, address and toll-free telephone number in a commercially reasonable time and manner.

      (i) The consumer must not be charged a fee or incur any cost for the installation or use of the starter interruption technology unless the consumer chooses to keep an electronic tracking technology device after, as applicable:

             (1) The consumer makes all payments required pursuant to the retail installment contract; or

             (2) If the consumer has the option to purchase the motor vehicle after the expiration of the lease, the consumer purchases the motor vehicle and makes all payments required pursuant to any retail installment contract.

      (j) A breach of the agreement by the creditor or long-term lessor constitutes a deceptive trade practice.

      3.  The provisions of this section:

 


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      (a) May not be waived by the consumer.

      (b) Do not apply to a creditor or long-term lessor who:

             (1) Conducts a transaction for the installment sale or long-term lease of a motor vehicle intended for use by a business entity in the course or scope of business.

             (2) Is the manufacturer, or an affiliate under common control or ownership of the manufacturer, of the motor vehicle which is the subject of the retail installment contract or long-term lease.

      Sec. 29. 1.  A person who manufactures or provides electronic tracking technology devices or starter interruption technology devices shall:

      (a) Label each such device with the name of the manufacturer and a unique identifier that is designed to remain legible for the estimated useful life of the device.

      (b) Keep records for each device for not less than the estimated useful life of the device that include, without limitation:

             (1) The date of manufacture;

             (2) The date of sale;

             (3) The identity of the original purchaser; and

             (4) If known, the identity of the person who initially installed the device.

      (c) Provide to any installer of the device specific instructions on the proper installation of the device in a vehicle and retain records showing the exact instructions which were provided with each device, as identified with a unique identifier pursuant to paragraph (a).

      (d) If he or she regains possession of a device and resells or provides it to another person, keep the records required pursuant to paragraphs (b) and (c).

      2.  A person who installs an electronic tracking technology device or a starter interruption technology device in a motor vehicle must:

      (a) Hold a certification from the:

             (1) Mobile Electronics Certified Professional program or its successor; or

             (2) National Institute for Automotive Service Excellence or its successor.

      (b) Keep records of each installation conducted for not less than 3 years. Such records must include, without limitation:

             (1) The date of installation;

             (2) The unique identifier on each device as required by paragraph (a) of subsection 1; and

             (3) A copy of the installation instructions provided by the manufacturer or provider of the device as required by paragraph (c) of subsection 1.

      (c) If the installation is at the request of or on behalf of a creditor in connection with a retail installment contract for the sale of a motor vehicle or a long-term lessor in connection with the lease of a motor vehicle, provide a copy of the records required by paragraph (b) to the creditor or lessor or a designee of the creditor or lessor.

      3.  A person who possesses or obtains telemetry data related to a consumer that is collected by electronic tracking technology or starter interruption technology may not:

 


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ê2017 Statutes of Nevada, Page 4061 (Chapter 566, SB 350)ê

 

      (a) Sell any telemetry data.

      (b) Provide any telemetry data to any person or entity other than:

             (1) The consumer;

             (2) A repossessor who is authorized pursuant to section 28 of this act to repossess the motor vehicle from which the telemetry data was obtained; or

             (3) A person authorized by law to possess or obtain such telemetry data.

      (c) Use any telemetry data for any purpose other than:

             (1) As needed to ensure that the electronic tracking technology or starter interruption technology is operating properly, provided that such use is brief and periodic;

             (2) To communicate an audible or visible warning to the consumer as authorized in section 28 of this act;

             (3) To activate starter interruption technology as authorized in section 28 of this act;

             (4) To locate a motor vehicle at the request of the consumer; or

             (5) To locate the motor vehicle for repossession as authorized in section 28 of this act.

      (d) Retain any telemetry data for a period of more than 180 days after collection of the data.

      (e) Fail to erase all electronically stored telemetry data and shred any physical copies of such data not more than 180 days after collection of the data.

      4.  The provisions of this section do not apply to:

      (a) The manufacturer, or an affiliate under common control or ownership of the manufacturer, of a motor vehicle which is equipped with electronic tracking technology or starter interruption technology or from which telemetry data is obtained; or

      (b) An insurer, or a wholly owned affiliate of an insurer, of a motor vehicle from which telemetry data is obtained with the consent of the insured.

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

      (a) “Repossessor” has the meaning ascribed to it in NRS 648.015.

      (b) “Telemetry data” means any information collected by electronic tracking technology or starter interruption technology, regardless of whether such information is transmitted or retained in the device, and includes, without limitation, information pertaining to the location, speed and motion status of a motor vehicle.

      Sec. 29.5. Except as otherwise provided in paragraph (i) of subsection 2 of section 28 of this act, any electronic tracking technology device or starter interruption technology device that is installed in a motor vehicle at the request of or on behalf of a creditor, in connection with a retail installment contract for the sale of a motor vehicle, or a long-term lessor, in connection with the lease of a motor vehicle, is the responsibility of the creditor or long-term lessor or, if the retail installment contract or lease for the motor vehicle is assigned to a successor in interest or another secured party, the successor in interest or other secured party. Such responsibility includes, without limitation, paying the costs of any maintenance, replacement or repair of the device that is not covered by a warranty and any damage to the motor vehicle that is caused by the device. A consumer must not be required to pay any such costs relating to the use of such a device.

 


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ê2017 Statutes of Nevada, Page 4062 (Chapter 566, SB 350)ê

 

      Sec. 30. 1.  Any violation of sections 28 and 29 of this act constitute a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      2.  A consumer who prevails in an action for a violation of section 28 or 29 of this act by a person who is a creditor in connection with a retail installment contract for the sale of a motor vehicle or a long-term lessor in connection with the lease of a motor vehicle, in addition to any other award or other remedy available pursuant to law, must be awarded the greater of:

      (a) Statutory damages pursuant to subsection 3 of NRS 104.9625, if applicable; or

      (b) $1,000.

      Sec. 31. NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

      2.  Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $5,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  A natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For the first offense, is guilty of a misdemeanor.

      (b) For the second offense, is guilty of a gross misdemeanor.

      (c) For the third and all subsequent offenses, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

      4.  Any offense which occurred within 10 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of subsection 3 when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

      5.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to 598.395, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, [or] 598.840 to 598.966, inclusive, or sections 16 to 30, inclusive, of this act, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

 


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ê2017 Statutes of Nevada, Page 4063 (Chapter 566, SB 350)ê

 

598.966, inclusive, or sections 16 to 30, inclusive, of this act, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      6.  If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Ê The court may grant or deny the relief sought or may order other appropriate relief.

      Sec. 32. NRS 97.165 is hereby amended to read as follows:

      97.165  1.  Every retail installment contract must be contained in a single document which must contain the entire agreement of the parties, including any promissory notes or other evidences of indebtedness between the parties relating to the transaction, except as otherwise provided in NRS 97.205 , [and] 97.235 [,] and section 28 of this act, but:

      (a) If the buyer’s obligation to pay the total of payments is represented by a promissory note secured by a chattel mortgage or other security agreement, the promissory note may be a separate instrument if the mortgage or security agreement recites the amount and terms of payment of that note and the promissory note recites that it is secured by a mortgage or security agreement.

      (b) In a transaction involving the repair, alteration or improvement upon or in connection with real property, the contract may be secured by a mortgage or deed of trust on the real property contained in a separate document. Retail sales transactions for home improvements which are financed or insured by the Federal Housing Administration are not subject to the provisions of this chapter.

      2.  The contract must be dated, signed by the retail buyer and completed as to all essential provisions, except as otherwise provided in NRS 97.205, 97.215 and 97.235. The printed or typed portion of the contract, other than instructions for completion, must be in a size equal to at least 8-point type.

      3.  Any fee charged to the retail buyer for his or her cancellation of a retail installment contract within 72 hours after its execution is prohibited unless notice of the fee is clearly set forth in the printed or typed portion of the contract.

      Sec. 33.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 4064ê

 

CHAPTER 567, SB 376

Senate Bill No. 376–Committee on Judiciary

 

CHAPTER 567

 

[Approved: June 12, 2017]

 

AN ACT relating to gaming; revising provisions relating to the confidentiality of certain information and data provided by gaming applicants and licensees to state agencies that regulate gaming; clarifying the privileged nature of such information and data; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that certain information and data provided by gaming applicants and licensees to state agencies that regulate gaming are confidential and privileged. (NRS 463.120) Sections 1.4, 1.7 and 2 of this bill clarify the privileged nature of such information and data when it is provided by gaming applicants and licensees to those state agencies in connection with their regulatory, investigative or enforcement authority. However, section 2.5 of this bill also clarifies that the provisions of this bill do not affect any occupation, profession, business or industry other than the gaming industry regulated pursuant to the Nevada Gaming Control Act. (Chapter 463 of NRS)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.4.NRS 463.120 is hereby amended to read as follows:

      463.120  1.  The Board and the Commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the Board and the Commission. These records are open to public inspection.

      2.  The Board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.

      3.  The Board and the Commission may maintain such other files and records as they may deem desirable.

      4.  Except as otherwise provided in this section, all information and data:

      (a) Required by the Board or Commission to be furnished to it under chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;

      (b) Pertaining to an applicant’s or natural person’s criminal record, antecedents and background which have been furnished to or obtained by the Board or Commission from any source;

      (c) Provided to the members, agents or employees of the Board or Commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential;

 


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ê2017 Statutes of Nevada, Page 4065 (Chapter 567, SB 376)ê

 

      (d) Obtained by the Board from a manufacturer, distributor or operator, or from an operator of an inter-casino linked system, relating to the manufacturing of gaming devices or the operation of an inter-casino linked system; or

      (e) Prepared or obtained by an agent or employee of the Board or Commission pursuant to an audit, investigation, determination or hearing,

Ê are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the Board or Commission.

      5.  Notwithstanding any other provision of state law, any and all information and data prepared or obtained by an agent or employee of the Board or Commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto, are confidential and absolutely privileged and may be revealed in whole or in part only in the course of the necessary administration of such provisions and with specific authorization and waiver of the privilege by the Board or Commission. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country.

      6.  Notwithstanding any other provision of state law, if any applicant or licensee provides or communicates any information and data to an agent or employee of the Board or Commission in connection with its regulatory, investigative or enforcement authority:

      (a) All such information and data are confidential and privileged and the confidentiality and privilege are not waived if the information and data are shared or have been shared with an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country in connection with its regulatory, investigative or enforcement authority, regardless of whether such information and data are shared or have been shared either before or after being provided or communicated to an agent or employee of the Board or Commission; and

      (b) The applicant or licensee has a privilege to refuse to disclose, and to prevent any other person or governmental agent, employee or agency from disclosing, the privileged information and data.

      7.  Before the beginning of each legislative session, the Board shall submit to the Legislative Commission for its review and for the use of the Legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.

      [7.] 8.  Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the Commission.

 


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ê2017 Statutes of Nevada, Page 4066 (Chapter 567, SB 376)ê

 

      [8.] 9.  The files, records and reports of the Board are open at all times to inspection by the Commission and its authorized agents.

      [9.] 10.  All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada Tax Commission must be made available to the Board and the Nevada Gaming Commission as is necessary to the administration of this chapter.

      11.  For the purposes of this section, “information and data” means all information and data in any form, including, without limitation, any oral, written, audio, visual, digital or electronic form, and the term includes, without limitation, any account, book, correspondence, file, message, paper, record, report or other type of document, including, without limitation, any document containing self-evaluative assessments, self-critical analysis or self-appraisals of an applicant’s or licensee’s compliance with statutory or regulatory requirements.

      Sec. 1.7. NRS 49.015 is hereby amended to read as follows:

      49.015  1.  Except as otherwise required by the Constitution of the United States or of the State of Nevada, and except as otherwise provided in this title or title 14 of NRS, or NRS 41.071 [,] or 463.120 or any other specific statute, no person has a privilege to:

      (a) Refuse to be a witness;

      (b) Refuse to disclose any matter;

      (c) Refuse to produce any object or writing; or

      (d) Prevent another from being a witness or disclosing any matter or producing any object or writing.

      2.  This section does not:

      (a) Impair any privilege created by title 14 of NRS or by the Nevada Rules of Civil Procedure which is limited to a particular stage of the proceeding; or

      (b) Extend any such privilege to any other stage of a proceeding.

      Sec. 2.  The confidentiality and privilege set forth in the amendatory provisions of this act apply to any request made on or after the effective date of this act to obtain any information or data, as defined in section 1.4 of this act, that is or has been provided or communicated by an applicant or licensee to an agent or employee of the Nevada Gaming Control Board or the Nevada Gaming Commission in connection with its regulatory, investigative or enforcement authority.

      Sec. 2.5.  The confidentiality and privilege set forth in the amendatory provisions of this act must not be construed as:

      1.  A legislative declaration or pronouncement of the public policy of this State with regard to any occupation, profession, business or industry other than the gaming industry regulated pursuant to the Nevada Gaming Control Act in chapter 463 of NRS; or

      2.  A legislative bar or barrier that limits or precludes a court or agency from recognizing, interpreting or applying any confidentiality and privilege pursuant to any other statute or the common law, including, without limitation, any confidentiality and privilege for self-evaluative assessments, self-critical analysis or self-appraisals of a person’s compliance with statutory or regulatory requirements.

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

________

 


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ê2017 Statutes of Nevada, Page 4067ê

 

CHAPTER 568, SB 432

Senate Bill No. 432–Committee on Judiciary

 

CHAPTER 568

 

[Approved: June 12, 2017]

 

AN ACT relating to public welfare; authorizing the filing of a motion for the termination of parental rights as part of a proceeding relating to the abuse or neglect of a child; establishing provisions concerning the process for the termination of parental rights following the filing of such a motion; requiring the court to conduct a hearing to determine whether to transfer venue for proceedings on a petition for the termination of parental rights under certain circumstances; revising provisions governing in which county a petition for the termination of parental rights may be filed; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes procedures governing the termination of parental rights. (Chapter 128 of NRS) Existing law also establishes procedures governing the protection of children from abuse and neglect. (Chapter 432B of NRS) Section 2 of this bill provides that if a juvenile court determines that a child is in need of protection, an agency which provides child welfare services is authorized to file a motion for the termination of parental rights as part of the proceeding concerning the abuse or neglect of the child. Sections 2 and 10.3 of this bill provide that the provisions of existing law governing the termination of parental rights apply to all proceedings concerning the termination of parental rights that are commenced by an agency which provides child welfare services, but only to the extent they do not conflict with the provisions established in this bill.

      Section 3 of this bill establishes provisions concerning notice of the hearing on the motion for the termination of parental rights and requires the court to ensure that any prospective adoptive parent is provided a copy of the notice. Section 3 also provides that the name and address of a prospective adoptive parent generally must be kept confidential. Section 4 of this bill authorizes a party who has been informed of the allegations set forth in the motion to contest such allegations and request an evidentiary hearing or voluntarily relinquish his or her parental rights. Section 5 of this bill authorizes the court to order the parties to the proceeding, any prospective adoptive parent and a representative from an agency which provides child welfare services to participate in mediation for the purpose of negotiating the terms of an open adoption agreement.

      Section 6 of this bill authorizes a court to permit a witness or party to the proceeding to testify by telephone or videoconference in certain circumstances during an evidentiary hearing on a motion for the termination of parental rights. Section 7 of this bill requires the court to use its best efforts to ensure that a final written decision on such a motion is rendered not later than 30 days after the conclusion of the evidentiary hearing, and section 8 of this bill requires the appellate court of competent jurisdiction to use its best efforts to ensure that any appeal is resolved not later than 6 months after the appeal is filed or, if the court orders full briefings on the matter, not later than 12 months after the appeal is filed. Section 9 of this bill requires that a petition for the restoration of parental rights be filed as part of a proceeding concerning the abuse or neglect of a child in certain circumstances.

      Existing law establishes criteria to determine in which county a petition alleging that a child should be declared free from the custody and control of his or her parent or parents may be filed. (NRS 128.030) Section 10.7 of this bill adds certain criteria to that list.

 


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      Section 10.5 of this bill requires the court to conduct a hearing to determine whether to transfer venue for proceedings pursuant to a petition for the termination of parental rights to another county when a parent whose consent is required objects in writing to venue.

 

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 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2. 1.  The provisions of chapter 128 of NRS, to the extent they do not conflict with the provisions of sections 2 to 9, inclusive, of this act, apply to all proceedings concerning the termination of parental rights that are commenced pursuant to this section by an agency which provides child welfare services.

      2.  If a child is determined to be a child in need of protection pursuant to NRS 432B.550, an agency which provides child welfare services may, at any stage of a proceeding held pursuant to this chapter, file a motion for the termination of parental rights as part of the proceeding.

      Sec. 3. 1.  After a motion for the termination of parental rights is filed pursuant to section 2 of this act, unless a party to be served voluntarily appears and consents to the hearing, and except as otherwise provided in subsection 3, a copy of the motion and notice of the hearing must be served, either together or separately, upon all parties to the proceeding by personal service or, if the whereabouts of the person are unknown, obtaining an order from the court that service may be made by publication in accordance with the procedure set forth in subsections 1, 3, 4 and 5 of NRS 128.070 and subsection 2.

      2.  If a court orders that service be made by publication pursuant to subsection 1 and the person to be served by publication has a last known address, personal service must also be attempted before service of the notice is deemed to be complete. The court order must direct the publication to be made in a newspaper designated by the court at least once every week for a period of 4 weeks. If personal service is also attempted, service of the notice shall be deemed to be complete at the expiration of such a period. The provisions of this subsection and subsection 1 must not be construed to preclude personal service and service by publication from being attempted simultaneously.

      3.  Service shall be deemed to be complete if a party to be served appears in court for a hearing held pursuant to this chapter and the court provides the party with a copy of the motion, notifies the party of the date of the hearing on the motion and records such service.

      4.  Except as otherwise provided in subsection 5, a copy of the motion and notice of the hearing on the motion must be sent by certified mail to:

      (a) The attorneys and any guardians ad litem for the child and the parent of the child who is the subject of the motion;

      (b) If applicable, each Indian tribe of the child who is the subject of the motion, in accordance with NRS 128.023; and

      (c) Any known relative of the child who is the subject of the motion within the fifth degree of consanguinity who is residing in this State.

 


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ê2017 Statutes of Nevada, Page 4069 (Chapter 568, SB 432)ê

 

      5.  If an attorney has consented to electronic service, a copy of the motion and notice of the hearing on the motion may be sent to the attorney electronically instead of by certified mail.

      6.  The court shall ensure that any prospective adoptive parent of the child who is the subject of the motion is provided with a copy of the notice of the hearing on the motion. Except as otherwise provided in section 5 of this act or another provision of law, the name and address of the prospective adoptive parent must be kept confidential.

      7.  Any party to the proceeding may file a written response to the motion.

      Sec. 4. 1.  At the time stated in the notice of the hearing, or at the earliest time thereafter to which the hearing may be postponed, the parties to the proceeding shall, except as otherwise provided in this subsection, appear in person before the court and must be informed of the specific allegations set forth in the motion for the termination of parental rights. The court may allow a party to participate in the proceeding by telephone or videoconference if he or she is unable to appear in person because he or she is incarcerated outside this State or hospitalized and cannot be transported to the court.

      2.  After a party has been informed of the allegations set forth in the motion, he or she may:

      (a) Contest such allegations and request an evidentiary hearing, in which case an evidentiary hearing must be scheduled; or

      (b) Voluntarily relinquish his or her parental rights with or without the possibility of an open adoption agreement established through mediation pursuant to section 5 of this act, in which case a hearing must be scheduled for the purpose of confirming such voluntary relinquishment.

      3.  If an evidentiary hearing is scheduled pursuant to paragraph (a) of subsection 2, the court may also order a party to the proceeding to participate in mediation pursuant to section 5 of this act.

      4.  If a party to the proceeding does not appear at the time stated in the notice and the court determines that he or she was given proper notice pursuant to section 3 of this act, the court may proceed to hear evidence and render its decision or postpone hearing any evidence until an evidentiary hearing is conducted concerning any other party to the proceeding.

      5.  If the court postpones hearing evidence pursuant to subsection 4, further notice to the absent party is required unless the court, in its discretion, considering the facts and circumstances of the case, determines that no additional notice to the absent party is required.

      Sec. 5. 1.  The court may, upon its own motion or the motion of a party to the proceeding, order the parties, any prospective adoptive parent and a representative from an agency which provides child welfare services to participate in mediation for the purpose of negotiating the terms of an open adoption agreement.

      2.  A party to the proceeding may make a motion for mediation at any time after the commencement of a proceeding for the termination of parental rights but not less than 5 judicial days before a scheduled evidentiary hearing.

      3.  Persons ordered to participate in mediation pursuant to subsection 1 shall complete such mediation not later than 60 calendar days after the court issues the order for mediation.

 


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ê2017 Statutes of Nevada, Page 4070 (Chapter 568, SB 432)ê

 

      4.  If the persons ordered to participate in mediation agree to the terms of an open adoption, the terms must be set forth in a written agreement at the time of mediation.

      Sec. 6.  During an evidentiary hearing, at the request of a party to the proceeding, the court may permit a witness to testify by telephone or videoconference if the court determines that it is able to adequately assess witness credibility. Except as otherwise permitted by the court, a party to the proceeding may not testify by telephone or videoconference unless he or she is incarcerated outside this State or hospitalized and cannot be transported to the court.

      Sec. 7. The court shall use its best efforts to ensure that a final written decision on a motion for the termination of parental rights which includes detailed findings of fact is rendered not later than 30 days after the conclusion of the evidentiary hearing. Such a decision may be rendered orally in court before being set forth in a written order. The order of the court must include a notice of the right of a party to appeal the decision of the court. The order granting or denying a motion for the termination of parental rights is a final order of the court and the parties have the right to appeal the decision of the court in accordance with chapter 128 of NRS.

      Sec. 8. Except as otherwise provided in this section, if a party appeals the decision of the court pursuant to section 7 of this act, the appellate court of competent jurisdiction shall use its best efforts to ensure that the matter is resolved not later than 6 months after the appeal is filed. If the appellate court orders full briefings on the matter, it shall use its best efforts to ensure that the matter is resolved not later than 12 months after the appeal is filed.

      Sec. 9. If a person seeks to restore the parental rights of a natural parent or parents pursuant to NRS 128.170 to 128.190, inclusive, and the child whose natural parent or parents have had their parental rights terminated or have relinquished their parental rights is subject to the jurisdiction of the juvenile court pursuant to this chapter, the petition for the restoration of parental rights must be filed as part of a proceeding held pursuant to this chapter.

      Sec. 10. Chapter 128 of NRS is hereby amended by adding thereto the provisions set forth as sections 10.3 and 10.5 of this act.

      Sec. 10.3. The provisions of this chapter, to the extent they do not conflict with the provisions of sections 2 to 9, inclusive, of this act, apply to all proceedings concerning the termination of parental rights that are commenced pursuant to section 2 of this act by an agency which provides child welfare services.

      Sec. 10.5.1.  If a petition for termination of parental rights has been filed and a parent whose consent is required objects in writing to venue, the court must conduct a hearing to determine whether to transfer venue to another county. For the purpose of determining whether to transfer venue to another county, the court shall consider the ease of access to the court for the defendant and the factors set forth in NRS 13.050 and 128.030.

      2.  For the purpose of conducting a hearing pursuant to subsection 1, a party or witness located in another jurisdiction may testify by telephone or audiovisual or other electronic means.

 


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ê2017 Statutes of Nevada, Page 4071 (Chapter 568, SB 432)ê

 

      Sec. 10.7.NRS 128.030 is hereby amended to read as follows:

      128.030  A petition alleging that [there is or resides within the county] a child [who] should be declared free from the custody and control of his or her parent or parents may be filed at the election of the petitioner in:

      1.  The county in which the child is found;

      2.  The county in which the acts complained of occurred; [or]

      3.  The county in which the child resides [.] ;

      4.  The county in which the child is the subject of another court proceeding;

      5.  The county in which an agency which provides child welfare services is located;

      6.  The county in which the guardian or custodian of the child resides;

      7.  The county in which the defendant resides; or

      8.  The county in which the convenience of the witnesses and the ends of justice would be promoted.

      Sec. 11. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.

 


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ê2017 Statutes of Nevada, Page 4072 (Chapter 568, SB 432)ê

 

445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 3 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

 


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ê2017 Statutes of Nevada, Page 4073 (Chapter 568, SB 432)ê

 

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

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

      Sec. 12.  This act becomes effective on January 1, 2018.

________

CHAPTER 569, SB 488

Senate Bill No. 488–Senators Spearman, Cancela, Woodhouse, Parks; Denis, Farley and Ford

 

Joint Sponsors: Assemblymen Miller, Joiner, Diaz; Neal, Spiegel and Thompson

 

CHAPTER 569

 

[Approved: June 12, 2017]

 

AN ACT relating to crimes; establishing the crime of facilitating sex trafficking; establishing a rebuttable presumption that certain children who commit the crime of sex trafficking or facilitating sex trafficking are acting under duress; establishing the privilege of confidential communication between persons who are victims of human trafficking and certain advocates for those victims; requiring the Department of Health and Human Services to develop a Medicaid service package to assist victims of sexual trauma who are eligible for Medicaid; authorizing the Department to adopt regulations relating to the development of such a Medicaid service package; requiring the Department to hold certain periodic meetings relating to sex trafficking; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes certain specific acts that constitute the crime of sex trafficking and sets forth the penalties imposed upon a person who is found guilty of sex trafficking. Such penalties vary depending on whether the victim of sex trafficking is an adult or a child and, if a child, the age of the child. (NRS 201.300) Section 3 of this bill establishes the crime of facilitating sex trafficking and provides that a person is guilty of such a crime if he or she: (1) facilitates, arranges, provides or pays for the transportation of a person to or within this State with the intent of inducing that person to engage in unlawful sexual conduct or prostitution or, if that person is a child, certain acts relating to pornography involving minors; (2) sells travel services that facilitate the travel of another person to this State with the knowledge that the other person is traveling to this State for the purpose of engaging in sexual conduct with a victim of sex trafficking, soliciting a child who is a victim of sex trafficking or engaging in certain acts relating to pornography involving minors; or (3) travels to or within this State by any means with the intent of engaging in sexual conduct with a victim of sex trafficking with the knowledge that the victim has been induced to engage in sexual conduct or prostitution or engaging in certain acts relating to pornography involving minors. Section 3 provides that a person who is guilty of facilitating sex trafficking is guilty of a category B felony and is subject to certain minimum and maximum terms of imprisonment depending on whether the victim is an adult or a child.

 


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ê2017 Statutes of Nevada, Page 4074 (Chapter 569, SB 488)ê

 

victim is an adult or a child. Section 4 of this bill provides that if a person who is less than 18 years of age and is a victim of sex trafficking or facilitating sex trafficking commits the crime of sex trafficking or facilitating sex trafficking and is prosecuted in a criminal proceeding as an adult, there is a rebuttable presumption that the person acted under duress.

      Existing law establishes a privilege for confidential communication between a victim of certain crimes and a victim’s advocate who works for a nonprofit program that provides assistance to victims of those crimes. (NRS 49.2541-49.2549) Section 6 of this bill defines the crime of “human trafficking,” and section 8 of this bill revises the definition of “victim” to include a person who alleges that an act of human trafficking has been committed against the person, thus authorizing the person to assert the privilege of confidential communication between the person and a victim’s advocate.

      Section 9 of this bill requires the Department of Health and Human Services to develop a Medicaid service package called the Sexual Trauma Services Guide for the purpose of assisting victims of sexual trauma who are eligible for Medicaid. Section 9 requires the Department to post information relating to the Sexual Trauma Services Guide on the Internet website of the Department and to make such information available to any person upon request at the office of the Department. Section 9 also authorizes the Department to adopt regulations relating to the development of the Sexual Trauma Services Guide.

      In 2016, the Governor established by executive order the Nevada Coalition to Prevent the Commercial Sexual Exploitation of Children. (Executive Order 2016-14 (5-31-2016)) The Coalition is required to prepare a comprehensive statewide strategic plan and recommendations regarding how to address certain provisions of federal law relating to sex trafficking. Section 10 of this bill requires the Department to hold periodic informational meetings for the purpose of coordinating the efforts of various entities to improve services for victims of sex trafficking and achieve the goals set forth in the statewide strategic plan developed by the Coalition.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. Chapter 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.

      Sec. 3.  1.  A person is guilty of facilitating sex trafficking if the person:

      (a) Facilitates, arranges, provides or pays for the transportation of a person to or within this State with the intent of:

             (1) Inducing the person to engage in prostitution in violation of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 201.300;

             (2) Inducing the person to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution in violation of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 201.300; or

             (3) If the person is a child, using the person for any act that is prohibited by NRS 200.710 or 200.720;

      (b) Sells travel services that facilitate the travel of another person to this State with the knowledge that the other person is traveling to this State for the purpose of:

 


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             (1) Engaging in sexual conduct with a person who has been induced to engage in sexual conduct or prostitution in violation of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 201.300;

             (2) Soliciting a child who has been induced to engage in sexual conduct or prostitution in violation of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 201.300; or

             (3) Engaging in any act involving a child that is prohibited by NRS 200.710 or 200.720; or

      (c) Travels to or within this State by any means with the intent of engaging in:

             (1) Sexual conduct with a person who has been induced to engage in sexual conduct or prostitution in violation of subparagraph (1), (2) or (3) of paragraph (a) of subsection 2 of NRS 201.300, with the knowledge that such a person has been induced to engage in such sexual conduct or prostitution; or

             (2) Any act involving a child that is prohibited by NRS 200.710 or 200.720.

      2.  A person who is found guilty of facilitating sex trafficking is guilty of a category B felony and:

      (a) If the victim is 18 years of age or older, shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      (b) If the victim is less than 18 years of age, shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 10 years.

      Sec. 4. If a violation of NRS 201.300 or section 3 of this act is committed by a person who is:

      1.  Less than 18 years of age at the time of the commission of the violation;

      2.  Prosecuted in a criminal proceeding as an adult; and

      3.  A victim of sex trafficking or facilitating sex trafficking,

Ê there is a rebuttable presumption that the person who committed the violation acted under duress.

      Sec. 5. NRS 201.295 is hereby amended to read as follows:

      201.295  As used in NRS 201.295 to 201.440, inclusive, and sections 3 and 4 of this act, unless the context otherwise requires:

      1.  “Adult” means a person 18 years of age or older.

      2.  “Child” means a person less than 18 years of age.

      3.  “Induce” means to persuade, encourage, inveigle or entice.

      4.  “Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.

      5.  “Prostitution” means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value.

      6.  “Sexual conduct” means any of the acts enumerated in subsection 4.

      7.  “Transports” means to transport or cause to be transported, by any means of conveyance, into, through or across this State, or to aid or assist in obtaining such transportation.

 


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      Sec. 6. Chapter 49 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Human trafficking” means a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320 or 18 U.S.C. § 1589, 1590 or 1591.

      Sec. 7. NRS 49.2541 is hereby amended to read as follows:

      49.2541  As used in NRS 49.2541 to 49.2549, inclusive, and section 6 of this act, the words and terms defined in NRS 49.2542 to 49.2545, inclusive, and section 6 of this act have the meanings ascribed to them in those sections.

      Sec. 8. NRS 49.2544 is hereby amended to read as follows:

      49.2544  “Victim” means a person who alleges that an act of domestic violence , human trafficking or sexual assault has been committed against the person.

      Sec. 9. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent authorized by federal law, the Department shall develop a Medicaid service package called the Sexual Trauma Services Guide for the purpose of assisting victims of sexual trauma who are eligible for Medicaid.

      2.  The Department shall post information relating to the Sexual Trauma Services Guide, including, without limitation, information concerning the available services to which victims of sexual trauma are entitled, on the Internet website maintained by the Department and shall make such information available to any person upon request at the office of the Department.

      3.  The Department may adopt any regulations necessary to carry out the provisions of this section.

      Sec. 10. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Department shall periodically hold informational meetings, as deemed appropriate by the Director, for the purpose of coordinating the efforts of various entities associated with the provision of services for victims of sex trafficking to improve such services, including, without limitation, to ensure that any applicable funding received by such entities is used in the most effective and efficient way possible to assist victims of sex trafficking and to achieve the goals set forth in the statewide strategic plan developed by the Nevada Coalition to Prevent the Commercial Sexual Exploitation of Children, established by the Governor pursuant to Executive Order 2016-14, issued on May 31, 2016.

________

 

 

 

 


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ê2017 Statutes of Nevada, Page 4077 (Chapter 569, SB 488)ê

 

EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 570, SB 538

Senate Bill No. 538–Senator Ford

 

Joint Sponsor: Assemblyman Frierson

 

CHAPTER 570

 

[Approved: June 12, 2017]

 

AN ACT relating to Internet privacy; requiring certain operators of Internet websites or online services which collect certain information from residents of this State to provide notice of certain provisions relating to the privacy of the information collected by the operator; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a data collector that maintains records which contain personal information of a resident of this State to implement and maintain reasonable security measures to protect such records. (NRS 603A.210) Section 5 of this bill defines an “operator” as a person who: (1) owns or operates an Internet website or online service for commercial purposes; (2) collects certain information from consumers who reside in this State and use or visit the Internet website or online service; and (3) has certain minimum contacts with this State. Section 6 of this bill requires certain operators to make available a notice containing certain information relating to the privacy of covered information about consumers which is collected by the operator through its Internet website or online service. Section 6 excludes from this requirement an operator who: (1) is located in this State; (2) derives its revenue primarily from a source other than online sales; and (3) whose Internet website or online service has fewer than 20,000 unique visitors per year. Section 6 also allows an operator to remedy any failure relating to making such a notice available within 30 days after being informed of the failure. Section 7 of this bill prohibits an operator from knowingly and willfully failing to remedy such a failure within 30 days after being informed or making a knowing and material misrepresentation or omission in such a notice that is likely to mislead a consumer to the detriment of the consumer. Section 8 of this bill authorizes the Attorney General to seek an injunction or a civil penalty against an operator who engages in such an act.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 603A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Consumer” means a person who seeks or acquires, by purchase or lease, any good, service, money or credit for personal, family or household purposes from the Internet website or online service of an operator.

 


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      Sec. 4. “Covered information” means any one or more of the following items of personally identifiable information about a consumer collected by an operator through an Internet website or online service and maintained by the operator in an accessible form:

      1.  A first and last name.

      2.  A home or other physical address which includes the name of a street and the name of a city or town.

      3.  An electronic mail address.

      4.  A telephone number.

      5.  A social security number.

      6.  An identifier that allows a specific person to be contacted either physically or online.

      7.  Any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable.

      Sec. 5. 1.  “Operator” means a person who:

      (a) Owns or operates an Internet website or online service for commercial purposes;

      (b) Collects and maintains covered information from consumers who reside in this State and use or visit the Internet website or online service; and

      (c) Purposefully directs its activities toward this State, consummates some transaction with this State or a resident thereof or purposefully avails itself of the privilege of conducting activities in this State.

      2.  The term does not include a third party that operates, hosts or manages an Internet website or online service on behalf of its owner or processes information on behalf of the owner of an Internet website or online service.

      Sec. 6. 1.  Except as otherwise provided in subsection 3, an operator shall make available, in a manner reasonably calculated to be accessible by consumers whose covered information the operator collects through its Internet website or online service, a notice that:

      (a) Identifies the categories of covered information that the operator collects through its Internet website or online service about consumers who use or visit the Internet website or online service and the categories of third parties with whom the operator may share such covered information;

      (b) Provides a description of the process, if any such process exists, for an individual consumer who uses or visits the Internet website or online service to review and request changes to any of his or her covered information that is collected through the Internet website or online service;

      (c) Describes the process by which the operator notifies consumers who use or visit the Internet website or online service of material changes to the notice required to be made available by this subsection;

      (d) Discloses whether a third party may collect covered information about an individual consumer’s online activities over time and across different Internet websites or online services when the consumer uses the Internet website or online service of the operator; and

      (e) States the effective date of the notice.

      2.  An operator may remedy any failure to comply with the provisions of subsection 1 within 30 days after being informed of such a failure.

      3.  The provisions of subsection 1 do not apply to an operator:

 


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      (a) Who is located in this State;

      (b) Whose revenue is derived primarily from a source other than the sale or lease of goods, services or credit on Internet websites or online services; and

      (c) Whose Internet website or online service has fewer than 20,000 unique visitors per year.

      Sec. 7. An operator violates section 6 of this act if the operator:

      1.  Knowingly and willfully fails to remedy a failure to comply with the provisions of subsection 1 of that section within 30 days after being informed of such a failure; or

      2.  Makes available a notice pursuant to that section which contains information which constitutes a knowing and material misrepresentation or omission that is likely to mislead a consumer acting reasonably under the circumstances, to the detriment of the consumer.

      Sec. 8. 1.  The Attorney General shall enforce the provisions of sections 2 to 8, inclusive, of this act.

      2.  If the Attorney General has reason to believe that an operator, either directly or indirectly, has violated or is violating section 6 of this act, the Attorney General may institute an appropriate legal proceeding against the operator. The district court, upon a showing that the operator, either directly or indirectly, has violated or is violating section 6 of this act, may:

      (a) Issue a temporary or permanent injunction; or

      (b) Impose a civil penalty not to exceed $5,000 for each violation.

      3.  The provisions of sections 2 to 8, inclusive, of this act do not establish a private right of action against an operator.

      4.  The provisions of sections 2 to 8, inclusive, of this act are not exclusive and are in addition to any other remedies provided by law.

      Sec. 9. NRS 603A.010 is hereby amended to read as follows:

      603A.010  As used in [this chapter,] NRS 603A.010 to 603A.920, inclusive, unless the context otherwise requires, the words and terms defined in NRS 603A.020, 603A.030 and 603A.040 have the meanings ascribed to them in those sections.

      Sec. 10. NRS 603A.100 is hereby amended to read as follows:

      603A.100  1.  The provisions of [this chapter] NRS 603A.010 to 603A.920, inclusive, do not apply to the maintenance or transmittal of information in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      2.  A data collector who is also an operator, as defined in section 5 of this act, shall comply with the provisions of sections 2 to 8, inclusive, of this act.

      3.  Any waiver of the provisions of [this chapter] NRS 603A.010 to 603A.920, inclusive, is contrary to public policy, void and unenforceable.

      Sec. 11. NRS 603A.920 is hereby amended to read as follows:

      603A.920  If the Attorney General or a district attorney of any county has reason to believe that any person is violating, proposes to violate or has violated the provisions of [this chapter,] NRS 603A.010 to 603A.920, inclusive, the Attorney General or district attorney may bring an action against that person to obtain a temporary or permanent injunction against the violation.

 


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      Sec. 12. NRS 122.0615 is hereby amended to read as follows:

      122.0615  1.  In each county whose population is 100,000 or more but less than 700,000, in which a commercial wedding chapel has been in business for 5 years or more, the board of county commissioners shall:

      (a) Ensure that an office where marriage licenses may be issued is open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day, including holidays; or

      (b) Provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued pursuant to paragraph (a) is not open to the public.

      2.  In each county whose population is less than 100,000, in which a commercial wedding chapel has been in business in the county for 5 years or more, the board of county commissioners may provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued is not open to the public.

      3.  Except as otherwise provided in subsection 4, a program established pursuant to subsection 1 or 2 must authorize each commercial wedding chapel that has been in business in the county for 5 years or more to begin issuing marriage licenses upon filing with the county clerk a completed registration form prescribed by the board of county commissioners, along with a performance bond in the amount of $50,000. The performance bond must be conditioned upon the faithful performance of all statutory duties related to the issuance of marriage licenses and compliance with the provisions of [chapter 603A of] NRS 603A.010 to 603A.920, inclusive, that ensure the security of personal information submitted by applicants for a marriage license.

      4.  A commercial wedding chapel shall refer any application for a marriage license that includes the signature of a guardian for a minor applicant to the county clerk for review and issuance of the marriage license pursuant to NRS 122.040.

      5.  The county clerk of the county in which a commercial wedding chapel that issues marriage licenses pursuant to this section is located shall provide to the commercial wedding chapel, without charge, any materials necessary for the commercial wedding chapel to issue marriage licenses. The number of marriage licenses that the commercial wedding chapel may issue must not be limited.

      6.  A commercial wedding chapel that issues marriage licenses pursuant to this section shall comply with all statutory provisions governing the issuance of marriage licenses in the same manner as the county clerk is required to comply, and shall:

      (a) File the original application for a marriage license with the county clerk on the first available business day after completion of the application;

      (b) Collect from an applicant for a marriage license all fees required by law to be collected; and

      (c) Remit all fees collected to the county clerk, in the manner required by the standard of practice adopted by the county clerk.

 


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      7.  The records of a commercial wedding chapel that issues marriage licenses pursuant to this section which pertain to the issuance of a marriage license are public records and must be made available for public inspection at reasonable times. Such a commercial wedding chapel shall comply with the provisions of [chapter 603A of] NRS 603A.010 to 603A.920, inclusive, in the same manner as all other data collectors to ensure the security of all personal information submitted by applicants for a marriage license.

      8.  The persons to whom a commercial wedding chapel issues a marriage license may not be joined in marriage in any county other than the county in which the marriage license is issued.

      9.  A commercial wedding chapel that violates any provision of this section is guilty of a misdemeanor.

      Sec. 13.  (Deleted by amendment.)

________

CHAPTER 571, SB 490

Senate Bill No. 490–Committee on Judiciary

 

CHAPTER 571

 

[Approved: June 12, 2017]

 

AN ACT relating to real property; revising provisions relating to the foreclosure of real property; authorizing electronic delivery of certain notices relating to the foreclosure of real property; revising provisions relating to the Foreclosure Mediation Program; requiring Home Means Nevada, Inc., or its successor organization, to administer certain functions of the Program; replacing the Account for Foreclosure Mediation with the Account for Foreclosure Mediation Assistance; requiring the Interim Finance committee to administer the Account; providing for the continuation of the Program; requiring the State Controller to transfer money remaining in the Account for Foreclosure Mediation to the Account for Foreclosure Mediation Assistance; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth procedures governing the foreclosure of real property upon default. Existing law gives a trustee under a deed of trust the power to sell the property to which the deed of trust applies, subject to certain restrictions, and requires a notice of default and election to sell real property subject to a deed of trust to include an affidavit setting forth certain information concerning the deed of trust. (NRS 107.080) Section 1.5 of this bill removes the requirement for such an affidavit and section 1 of this bill replaces the requirement to include such an affidavit in residential foreclosures. Sections 1 and 1.5 also authorize the electronic delivery of a notice of default and election to sell real property, if authorized by the parties.

      Existing law provides for the establishment of a program for foreclosure mediation and generally requires that mediation, unless waived, be conducted as a condition of a judicial foreclosure proceeding or the exercise of a power of sale affecting owner-occupied housing. (NRS 107.086) Existing law also authorizes a mortgagor under a mortgage secured by owner-occupied housing or a grantor or the person who holds the title of record with respect to a deed of trust concerning owner-occupied housing to initiate mediation under certain circumstances. (NRS 107.0865) Existing law also provides that in a judicial foreclosure action concerning owner-occupied property, the mortgagor may elect to participate in the program for foreclosure mediation.

 


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Existing law also provides that in a judicial foreclosure action concerning owner-occupied property, the mortgagor may elect to participate in the program for foreclosure mediation. (NRS 40.437) The Nevada Supreme Court is required to adopt rules to implement the program for foreclosure mediation, commonly known as the Foreclosure Mediation Program, including designating an entity to serve as the Mediation Administrator. (NRS 40.437, 107.086)

      Sections 2, 3, 4 and 5 of this bill revise provisions governing the Foreclosure Mediation Program. Section 2 removes the provision of existing law that requires the Nevada Supreme Court to designate an entity to serve as the Mediation Administrator and instead requires Home Means Nevada, Inc., or its successor organization, to administer the Program. Section 2 requires Home Means Nevada, Inc., or its successor organization, to administer certain functions of the Program, including: (1) providing certain notices to certain grantors of a deed or persons who hold a title of record; (2) under certain circumstances, providing to the trustee a certificate which provides that mediation has been completed or is not required; (3) serving upon certain persons a copy of a petition to participate in mediation, by certified mail or, if authorized by the parties, electronically; and (4) developing and maintaining an Internet portal for the purpose of streamlining the foreclosure mediation process. After mediation, section 2 requires Home Means Nevada, Inc., or its successor organization, to submit to the district court the terms of any loan modification or settlement agreement. The district court is required to enter an order describing the terms of any such modification or agreement.

      Sections 2, 3, 4 and 5 authorize certain grantors of a deed, persons who hold the title of record or mortgagors to petition the court to participate in the Foreclosure Mediation Program. Sections 2, 3, 4 and 5 require such a person who seeks to participate in the Program to: (1) pay a $25 filing fee upon filing such a petition; (2) serve a copy of the petition upon certain persons by certified mail, return receipt requested or, if authorized by the parties, electronically; and (3) pay his or her share of the mediation fee. Section 2 increases the fee for mediation services from $400 to $500. Section 2 additionally requires that $100 of the fee collected for mediation services be deposited into the Account for Foreclosure Mediation Assistance.

      Existing law also creates the Account for Foreclosure Mediation, the money in which may be expended only for the purpose of supporting the Foreclosure Mediation Program. Existing law provides for the payment of a fee of $45 for deposit into the Account for Foreclosure Mediation at the time of recording a notice of default and election to sell real property. (NRS 107.080) Section 1.5 of this bill: (1) increases the fee from $45 to $95; (2) replaces the Account for Foreclosure Mediation with the Account for Foreclosure Mediation Assistance; (3) requires the Account to be administered by the Interim Finance Committee; and (4) provides that the money collected for the Program may only be expended for the purpose of supporting the Program and the development and maintenance of the Internet portal for a program of foreclosure mediation required pursuant to section 2. Section 9 of this bill requires the State Controller to transfer all money remaining in the Account for Foreclosure Mediation to the newly established Account for Foreclosure Mediation Assistance.

      Senate Bill No. 512 of the 2015 Legislative Session (S.B. 512) provided that the Foreclosure Mediation Program ends on June 30, 2017. Sections 8 and 11 of this bill remove the prospective expiration, thereby establishing a permanent Foreclosure Mediation Program. (Chapter 517, Statutes of Nevada 2015, p. 3334)

 


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ê2017 Statutes of Nevada, Page 4083 (Chapter 571, SB 490)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 107 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to the requirements set forth in NRS 107.080, 107.085 and 107.086, the power of sale for a residential foreclosure is subject to the following requirements and conditions and must not be executed until:

      (a) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 2 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment.

      (b) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property pursuant to subsection 2 of NRS 107.080, together with a notarized affidavit of authority to exercise the power of sale. The affidavit required by this paragraph must state under penalty of perjury the following information, which must be based on the direct, personal knowledge of the affiant or the personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135:

             (1) The full name and business address of the current trustee or the current trustee’s personal representative or assignee, the current holder of the note secured by the deed of trust, the current beneficiary of record and the current servicer of the obligation or debt secured by the deed of trust.

             (2) That the beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee is in actual or constructive possession of the note secured by the deed of trust or that the beneficiary or its successor in interest or the trustee is entitled to enforce the obligation or debt secured by the deed of trust. For the purposes of this subparagraph, if the obligation or debt is an instrument, as defined in subsection 2 of NRS 104.3103, a beneficiary or its successor in interest or the trustee is entitled to enforce the instrument if the beneficiary or its successor in interest or the trustee is:

                   (I) The holder of the instrument;

                   (II) A nonholder in possession of the instrument who has the rights of a holder; or

                   (III) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to a court order issued under NRS 104.3309.

 

 


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             (3) That the beneficiary or its successor in interest, the servicer of the obligation or debt secured by the deed of trust or the trustee, or an attorney representing any of those persons, has sent to the obligor or borrower of the obligation or debt secured by the deed of trust a written statement of:

                   (I) That amount of payment required to make good the deficiency in performance or payment, avoid the exercise of the power of sale and reinstate the terms and conditions of the underlying obligation or debt existing before the deficiency in performance or payment, as of the date of the statement;

                   (II) The amount in default;

                   (III) The principal amount of the obligation or debt secured by the deed of trust;

                   (IV) The amount of accrued interest and late charges;

                   (V) A good faith estimate of all fees imposed in connection with the exercise of the power of sale; and

                   (VI) Contact information for obtaining the most current amounts due and the local or toll-free telephone number described in subparagraph (4).

             (4) A local or toll-free telephone number that the obligor or borrower of the obligation or debt may call to receive the most current amounts due and a recitation of the information contained in the affidavit.

             (5) The date and the recordation number or other unique designation of, and the name of each assignee under, each recorded assignment of the deed of trust. The information required to be stated in the affidavit pursuant to this subparagraph may be based on:

                   (I) The direct, personal knowledge of the affiant;

                   (II) The personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135;

                   (III) Information contained in the records of the recorder of the county in which the property is located; or

                   (IV) The title guaranty or title insurance issued by a title insurer or title agent authorized to do business in this State pursuant to chapter 692A of NRS.

      2.  The period provided in paragraph (a) of subsection 1, commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid, to the grantor or to the person who holds the title of record on the date the notice of default and election to sell is recorded, at their respective addresses, if known, otherwise to the address of the trust property or, if authorized by the parties delivered by electronic transmission. In addition to meeting the requirements set forth in subsection 1 and NRS 107.080, the notice of default and election must:

 

 


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      (a) If the property is subject to the requirements of NRS 107.400 to 107.560, inclusive, contain the declaration required by subsection 6 of NRS 107.510;

      (b) If, pursuant to NRS 107.130, an election has been made to use the expedited procedure for the exercise of the power of sale with respect to abandoned residential property, include the affidavit and certification required by subsection 6 of NRS 107.130; and

      (c) Comply with the provisions of NRS 107.087.

      3.  In addition to providing notice pursuant to the requirements set forth in subsection 4 of NRS 107.080, the trustee, or other person authorized to make the sale under the terms of the deed of trust or transfer in trust with respect to a residential foreclosure, shall, after expiration of the applicable period specified in paragraph (d) of subsection 2 of NRS 107.080, following the recording of the notice of breach and election to sell, and before the making of the sale, comply with the provisions of NRS 107.087.

      4.  In addition to the grounds provided in paragraph (a) of subsection 5 of NRS 107.080, a sale made pursuant to this section must be declared void by any court of competent jurisdiction in the county where the sale took place if the trustee or other person authorized to make the sale does not substantially comply with any applicable provisions set forth in NRS 107.086 and 107.087, and the applicant otherwise complies with subsection 5 of NRS 107.080.

      5.  As used in this section:

      (a) “Residential foreclosure” means the sale of a single-family residence under a power of sale granted by this section. As used in this paragraph, “single-family residence”:

             (1) Means a structure that is comprised of not more than four units.

             (2) Does not include vacant land or any time share or other property regulated under chapter 119A of NRS.

      (b) “Trustee” has the meaning ascribed in NRS 107.080.

      Sec. 1.5. NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Except as otherwise provided in NRS 106.210, 107.085 and 107.086, and section 1 of this act, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) [Except as otherwise provided in paragraph (b), in] In the case of any trust agreement coming into force:

             (1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

             (2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment.

 


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has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment.

      (b) [In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment.

      (c)] The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation . [which, except as otherwise provided in this paragraph, includes a notarized affidavit of authority to exercise the power of sale. Except as otherwise provided in subparagraph (5), the affidavit required by this paragraph must state under the penalty of perjury the following information, which must be based on the direct, personal knowledge of the affiant or the personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135:

             (1) The full name and business address of the current trustee or the current trustee’s personal representative or assignee, the current holder of the note secured by the deed of trust, the current beneficiary of record and the current servicer of the obligation or debt secured by the deed of trust.

             (2) That the beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee is in actual or constructive possession of the note secured by the deed of trust or that the beneficiary or its successor in interest or the trustee is entitled to enforce the obligation or debt secured by the deed of trust. For the purposes of this subparagraph, if the obligation or debt is an instrument, as defined in subsection 2 of NRS 104.3103, a beneficiary or its successor in interest or the trustee is entitled to enforce the instrument if the beneficiary or its successor in interest or the trustee is:

                   (I) The holder of the instrument;

                   (II) A nonholder in possession of the instrument who has the rights of a holder; or

                   (III) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to a court order issued under NRS 104.3309.

             (3) That the beneficiary or its successor in interest, the servicer of the obligation or debt secured by the deed of trust or the trustee, or an attorney representing any of those persons, has sent to the obligor or borrower of the obligation or debt secured by the deed of trust a written statement of:

                   (I) The amount of payment required to make good the deficiency in performance or payment, avoid the exercise of the power of sale and reinstate the terms and conditions of the underlying obligation or debt existing before the deficiency in performance or payment, as of the date of the statement;

                   (II) The amount in default;

 


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                   (III) The principal amount of the obligation or debt secured by the deed of trust;

                   (IV) The amount of accrued interest and late charges;

                   (V) A good faith estimate of all fees imposed in connection with the exercise of the power of sale; and

                   (VI) Contact information for obtaining the most current amounts due and the local or toll-free telephone number described in subparagraph (4).

             (4) A local or toll-free telephone number that the obligor or borrower of the obligation or debt may call to receive the most current amounts due and a recitation of the information contained in the affidavit.

             (5) The date and the recordation number or other unique designation of, and the name of each assignee under, each recorded assignment of the deed of trust. The information required to be stated in the affidavit pursuant to this subparagraph may be based on:

                   (I) The direct, personal knowledge of the affiant;

                   (II) The personal knowledge which the affiant acquired by a review of the business records of the beneficiary, the successor in interest of the beneficiary or the servicer of the obligation or debt secured by the deed of trust, which business records must meet the standards set forth in NRS 51.135;

                   (III) Information contained in the records of the recorder of the county in which the property is located; or

                   (IV) The title guaranty or title insurance issued by a title insurer or title agent authorized to do business in this State pursuant to chapter 692A of NRS.

Ê The affidavit described in this paragraph is not required for the exercise of the trustee’s power of sale with respect to any trust agreement which concerns a time share within a time-share plan created pursuant to chapter 119A of NRS if the power of sale is being exercised for the initial beneficiary under the deed of trust or an affiliate of the initial beneficiary.

      (d)](c) The beneficiary or its successor in interest or the servicer of the obligation or debt secured by the deed of trust has instructed the trustee to exercise the power of sale with respect to the property.

      [(e)](d) Not less than 3 months have elapsed after the recording of the notice or, if the notice includes an affidavit and a certification indicating that, pursuant to NRS 107.130, an election has been made to use the expedited procedure for the exercise of the power of sale with respect to abandoned residential property, not less than 60 days have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2 [, or the period provided in paragraph (b) of subsection 2,] commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property [.] or, if authorized by the parties, delivered by electronic transmission. The notice of default and election to sell must [:

 


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      (a) Describe] describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2 . [;

      (b) If the property is subject to the requirements of NRS 107.400 to 107.560, inclusive, contain the declaration required by subsection 6 of NRS 107.510;

      (c) If, pursuant to NRS 107.130, an election has been made to use the expedited procedure for the exercise of the power of sale with respect to abandoned residential property, include the affidavit and certification required by subsection 6 of NRS 107.130; and

      (d) If the property is a residential foreclosure, comply with the provisions of NRS 107.087.]

      4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the applicable period specified in paragraph (d) of subsection 2 following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

      (a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service , by electronic transmission if authorized by the parties or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;

      (b) Posting a similar notice particularly describing the property, for 20 days successively, in a public place in the county where the property is situated; and

      (c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated or, if the property is a time share, by posting a copy of the notice on an Internet website and publishing a statement in a newspaper in the manner required by subsection 3 of NRS 119A.560 . [; and

      (d) If the property is a residential foreclosure, complying with the provisions of NRS 107.087.]

      5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. Except as otherwise provided in subsection 7, a sale made pursuant to this section must be declared void by any court of competent jurisdiction in the county where the sale took place if:

      (a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section ; [or any applicable provision of NRS 107.086 and 107.087;]

 

 


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      (b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 30 days after the date on which the trustee’s deed upon sale is recorded pursuant to subsection 10 in the office of the county recorder of the county in which the property is located; and

      (c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 5 days after commencement of the action.

      6.  If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 90 days after the date of the sale.

      7.  Upon expiration of the time for commencing an action which is set forth in subsections 5 and 6, any failure to comply with the provisions of this section or any other provision of this chapter does not affect the rights of a bona fide purchaser as described in NRS 111.180.

      8.  If, in an action brought by the grantor or the person who holds title of record in the district court in and for the county in which the real property is located, the court finds that the beneficiary, the successor in interest of the beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:

      (a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;

      (b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and

      (c) Reasonable attorney’s fees and costs,

Ê unless the court finds good cause for a different award. The remedy provided in this subsection is in addition to the remedy provided in subsection 5.

      9.  The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

      10.  After a sale of property is conducted pursuant to this section, the trustee shall:

      (a) Within 30 days after the date of the sale, record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located; or

      (b) Within 20 days after the date of the sale, deliver the trustee’s deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located.

      11.  Within 5 days after recording the trustee’s deed upon sale, the trustee or successful bidder, whoever recorded the trustee’s deed upon sale pursuant to subsection 10, shall cause a copy of the trustee’s deed upon sale

 


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to be posted conspicuously on the property. The failure of a trustee or successful bidder to effect the posting required by this subsection does not affect the validity of a sale of the property to a bona fide purchaser for value without knowledge of the failure.

      12.  If the successful bidder fails to record the trustee’s deed upon sale pursuant to paragraph (b) of subsection 10, the successful bidder:

      (a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorney’s fees and the costs of bringing the action; and

      (b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection 10 and for reasonable attorney’s fees and the costs of bringing the action.

      13.  The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:

      (a) A fee of $150 for deposit in the State General Fund.

      (b) A fee of [$45] $95 for deposit in the Account for Foreclosure [Mediation,] Mediation Assistance, which is hereby created in the State General Fund. The Account must be administered by the [Court Administrator,] Interim Finance Committee and the money in the Account may be expended only for the purpose of [supporting] :

             (1) Supporting a program of foreclosure mediation [established by Supreme Court Rule.] ; and

             (2) The development and maintenance of an Internet portal for a program of foreclosure mediation pursuant to subsection 18 of NRS 107.086.

      (c) A fee of $5 to be paid over to the county treasurer on or before the fifth day of each month for the preceding calendar month. The county recorder may direct that 1.5 percent of the fees collected by the county recorder pursuant to this paragraph be transferred into a special account for use by the office of the county recorder. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the county recorder pursuant to this paragraph.

      14.  The fees collected pursuant to paragraphs (a) and (b) of subsection 13 must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account for Foreclosure Mediation Assistance as prescribed pursuant to subsection 13. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in subsection 13.

      15.  The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection 13.

      16.  As used in this section [:

 


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      (a) “Residential foreclosure” means the sale of a single family residence under a power of sale granted by this section. As used in this paragraph, “single family residence”:

             (1) Means a structure that is comprised of not more than four units.

             (2) Does not include vacant land or any time share or other property regulated under chapter 119A of NRS.

      (b) “Trustee”] , “trustee” means the trustee of record.

      Sec. 2. NRS 107.086 is hereby amended to read as follows:

      107.086  1.  Except as otherwise provided in this subsection and subsection 4 of NRS 107.0865, in addition to the requirements of NRS 107.085, the exercise of the power of sale pursuant to NRS 107.080 with respect to any trust agreement which concerns owner-occupied housing [and for which a notice of default and election to sell is mailed on or before December 1, 2016, to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080] is subject to the provisions of this section. The provisions of this section do not apply to the exercise of the power of sale if the notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 includes an affidavit and a certification indicating that, pursuant to NRS 107.130, an election has been made to use the expedited procedure for the exercise of the power of sale with respect to abandoned residential property.

      2.  The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless the trustee:

      (a) Includes with the notice of default and election to sell which is mailed , or delivered by electronic transmission if authorized by the parties, to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080:

             (1) Contact information which the grantor or the person who holds the title of record may use to reach a person with authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust;

             (2) Contact information which the grantor or the person who holds the title of record may use to serve notice as required pursuant to subsection 3 if the grantor or person who holds the title does not elect to waive mediation;

             (3) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development;

             [(3)](4) A notice provided by [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, indicating that the grantor or the person who holds the title of record [will be enrolled] may petition the district court to participate in mediation pursuant to this section if he or she files such a petition, pays a $25 filing fee, serves a copy of the petition upon the beneficiary of the deed, Home Means Nevada, Inc., or its successor organization, and the trustee by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission, and pays to the [Mediation Administrator] district court his or her share of the fee established pursuant to subsection [11;] 12; and

             [(4)](5) A form upon which the grantor or the person who holds the title of record may indicate an election to waive mediation pursuant to this section and one envelope addressed to the trustee and one envelope addressed to [the Mediation Administrator,] Home Means Nevada, Inc., or its successor organization, which the grantor or the person who holds the title of record may use to comply with the provisions of subsection 3;

 


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its successor organization, which the grantor or the person who holds the title of record may use to comply with the provisions of subsection 3;

      (b) In addition to including the information described in paragraph (a) with the notice of default and election to sell which is mailed or delivered by electronic transmission, as applicable, to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080, provides to the grantor or the person who holds the title of record the information described in paragraph (a) concurrently with, but separately from, the notice of default and election to sell which is mailed or delivered by electronic transmission, as applicable, to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080;

      (c) Serves a copy of the notice upon [the Mediation Administrator;] Home Means Nevada, Inc., or its successor organization;

      (d) If the owner-occupied housing is located within a common-interest community, notifies the unit-owners’ association of the common-interest community, not later than 10 days after mailing or delivering by electronic transmission, as applicable, the copy of the notice of default and election to sell as required by subsection 3 of NRS 107.080, that the exercise of the power of sale is subject to the provisions of this section; and

      (e) Causes to be recorded in the office of the recorder of the county in which the trust property, or some part thereof, is situated:

             (1) The certificate provided to the trustee by [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, pursuant to subsection 4 or 7 which provides that no mediation is required in the matter; or

             (2) The certificate provided to the trustee by [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, pursuant to subsection 8 which provides that mediation has been completed in the matter.

      3.  If the grantor or the person who holds the title of record elects to waive mediation, he or she shall, not later than 30 days after service of the notice in the manner required by NRS 107.080 , [or December 31, 2016, whichever is earlier,] complete the form required by subparagraph [(4)] (5) of paragraph (a) of subsection 2 and return the form to the trustee and [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, by certified mail, return receipt requested [.] or, if authorized by the parties, by electronic transmission. If the grantor or the person who holds the title of record does not elect to waive mediation, he or she shall, not later than 30 days after the service of the notice in the manner required by NRS 107.080 [or December 31, 2016, whichever is earlier, pay to the Mediation Administrator] , petition the district court to participate in mediation pursuant to this section, at the time of filing such a petition, pay to the clerk of the court a fee of $25 and his or her share of the fee established pursuant to subsection [11.] 12. The grantor or the person who holds the title of record shall serve a copy of the petition, by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission, upon the beneficiary of the deed of trust and Home Means Nevada, Inc., or its successor organization. Upon receipt of the [share of the fee established pursuant to subsection 11 owed by the grantor or the person who holds title of record, the Mediation Administrator] copy of the petition, Home Means Nevada, Inc., or its successor organization, shall notify the trustee [,] and every other person with an interest as defined in NRS 107.090, by certified mail, return receipt requested [,] or, if authorized by the parties, by electronic transmission, of the [enrollment] petition of the grantor or person who holds the title of record to participate in mediation pursuant to this section .

 


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in NRS 107.090, by certified mail, return receipt requested [,] or, if authorized by the parties, by electronic transmission, of the [enrollment] petition of the grantor or person who holds the title of record to participate in mediation pursuant to this section . [and] Upon receipt of a petition pursuant to this section, the district court shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. [The trustee shall notify the beneficiary of the deed of trust and every other person with an interest as defined in NRS 107.090, by certified mail, return receipt requested, of the enrollment of the grantor or the person who holds the title of record to participate in mediation.] If the grantor or person who holds the title of record [is enrolled] satisfies the requirements of this subsection to participate in mediation pursuant to this section, no further action may be taken to exercise the power of sale until the completion of the mediation.

      4.  If the grantor or the person who holds the title of record indicates on the form described in subparagraph [(4)] (5) of paragraph (a) of subsection 2 an election to waive mediation [or] , fails to petition the district court pursuant to subsection 3 or fails to pay to the [Mediation Administrator] district court his or her share of the fee established pursuant to subsection [11,] 12 as required by subsection 3, [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, shall, not later than 60 days after [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, receives the form indicating an election to waive mediation or 90 days after the service of the notice in the manner required by NRS 107.080, whichever is earlier, provide to the trustee a certificate which provides that no mediation is required in the matter.

      5.  Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection [11.] 12. The beneficiary of the deed of trust or a representative shall attend the mediation. The grantor or his or her representative, or the person who holds the title of record or his or her representative, shall attend the mediation. The beneficiary of the deed of trust shall bring to the mediation the original or a certified copy of the deed of trust, the mortgage note , [and] each assignment of the deed of trust or mortgage note [.] and any documents created in connection with a loan modification. If the beneficiary of the deed of trust is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust or have access at all times during the mediation to a person with such authority.

      6.  If the beneficiary of the deed of trust or the representative fails to attend the mediation, fails to participate in the mediation in good faith or does not bring to the mediation each document required by subsection 5 or does not have the authority or access to a person with the authority required by subsection 5, the mediator shall prepare and submit to the [Mediation Administrator] district court a [petition and] recommendation concerning the imposition of sanctions against the beneficiary of the deed of trust or the representative. The court may issue an order imposing such sanctions against the beneficiary of the deed of trust or the representative as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court.

      7.  If the grantor or the person who holds the title of record is enrolled to participate in mediation pursuant to this section but fails to attend the mediation, the [Mediation Administrator] district court shall dismiss the petition.

 


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mediation, the [Mediation Administrator] district court shall dismiss the petition. Home Means Nevada, Inc., or its successor organization, shall, not later than 30 days after the scheduled mediation, provide to the trustee a certificate which states that no mediation is required in the matter.

      8.  If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the [Mediation Administrator] district court a recommendation that the [matter be terminated. The Mediation Administrator] petition be dismissed. The court may dismiss the petition and if the petition is dismissed, transmit a copy of the order of dismissal to Home Means Nevada, Inc., or its successor organization. Home Means Nevada, Inc., or its successor organization, shall, not later than 30 days after [submittal of the mediator’s recommendation that the matter be terminated,] receipt of such an order, provide to the trustee a certificate which provides that the mediation required by this section has been completed in the matter.

      9.  If the parties agree to a loan modification or settlement, the mediator shall notify the district court. Upon receipt of such notification, the court shall enter an order describing the terms of any loan modification or settlement agreement.

      10.  Upon receipt of the certificate provided to the trustee by [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, pursuant to subsection 4, 7 or 8, if the property is located within a common-nterest community, the trustee shall, not later than 10 days after receipt of the certificate, notify the unit-owners’ association of the existence of the certificate.

      [10.]11.  During the pendency of any mediation pursuant to this section, a unit’s owner must continue to pay any obligation, other than any past due obligation.

      [11.]12.  The Supreme Court shall adopt rules necessary to carry out the provisions of this section. The rules must, without limitation, include provisions:

      (a) [Designating an entity to serve as the Mediation Administrator pursuant to this section. The entities that may be so designated include, without limitation, the Administrative Office of the Courts, the district court of the county in which the property is situated or any other judicial entity.

      (b)] Ensuring that mediations occur in an orderly and timely manner.

      [(c)](b) Requiring each party to a mediation to provide such information as the mediator determines necessary.

      [(d)](c) Establishing procedures to protect the mediation process from abuse and to ensure that each party to the mediation acts in good faith.

      [(e)](d) Establishing a total fee of not more than [$400] $500 that may be charged and collected by the [Mediation Administrator] district court for mediation services pursuant to this section and providing that the responsibility for payment of the fee must be shared equally by the parties to the mediation. On or before the first Monday of each month, the clerk of the district court shall pay over to the county treasurer an amount equal to $100 of each fee charged and collected pursuant to this paragraph. The county treasurer shall remit quarterly all such amounts turned over to the county treasurer to the State Controller for deposit to the Account for Foreclosure Mediation Assistance created by paragraph (b) of subsection 13 of NRS 107.080.

 


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      [12.](e) Prescribing a form supplied by the district court to file a petition to participate in mediation pursuant to this section.

      13.  Except as otherwise provided in subsection [14,] 15, the provisions of this section do not apply if:

      (a) The grantor or the person who holds the title of record has surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust or the mortgagee, or an authorized agent thereof; or

      (b) A petition in bankruptcy has been filed with respect to the grantor or the person who holds the title of record under chapter 7, 11, 12 or 13 of Title 11 of the United States Code and the bankruptcy court has not entered an order closing or dismissing the case or granting relief from a stay of foreclosure.

      [13.]14.  A noncommercial lender is not excluded from the application of this section.

      [14.  The Mediation Administrator and each]

      15.  Each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.

      [15.]16. Home Means Nevada, Inc., or its successor organization, shall, at least once each calendar quarter, submit to the Interim Finance Committee a report:

      (a) Concerning the status of the Account for Foreclosure Mediation Assistance; and

      (b) Any other information required by the Interim Finance Committee.

      17.  The Administrator of the Division of Internal Audits of the Office of Finance shall cause to be conducted, not less than annually, an audit of Home Means Nevada, Inc., or its successor organization.

      18.  Home Means Nevada, Inc., or its successor organization, shall develop and maintain an Internet portal for a program of foreclosure mediation to streamline the process of foreclosure mediation. Home Means Nevada, Inc., or its successor organization shall:

      (a) Make available on the Internet portal the option to receive by electronic transmission any notification required as part of the process of foreclosure mediation;

      (b) Require authorization in writing from any party who wants to receive notification by electronic transmission; and

      (c) Authorize notification by electronic transmission at each stage of the process of foreclosure mediation.

      19.  As used in this section:

      (a) “Common-interest community” has the meaning ascribed to it in NRS 116.021.

      (b) [“Mediation Administrator” means the entity so designated pursuant to subsection 11.

      (c)]  “Noncommercial lender” means a lender which makes a loan secured by a deed of trust on owner-occupied housing and which is not a bank, financial institution or other entity regulated pursuant to title 55 or 56 of NRS.

      [(d)](c) “Obligation” has the meaning ascribed to it in NRS 116.310313.

 

 


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      [(e)](d) “Owner-occupied housing” means housing that is occupied by an owner as the owner’s primary residence. The term does not include vacant land or any time share or other property regulated under chapter 119A of NRS.

      [(f)](e) “Unit-owners’ association” has the meaning ascribed to it in NRS 116.011.

      [(g)](f) “Unit’s owner” has the meaning ascribed to it in NRS 116.095.

      Sec. 3. NRS 107.0865 is hereby amended to read as follows:

      107.0865  1.  A mortgagor under a mortgage secured by owner-occupied housing or a grantor or the person who holds the title of record with respect to any trust agreement which concerns owner-occupied housing may initiate mediation to negotiate a loan modification under the mediation process set forth in NRS 107.086 if : [, on or before December 31, 2016:]

      (a) A local housing counseling agency approved by the United States Department of Housing and Urban Development certifies that the mortgagor, grantor or person who holds the title of record:

             (1) Has a documented financial hardship; and

             (2) Is in imminent risk of default; and

      (b) The mortgagor, grantor or person who holds the title of record:

             (1) [Submits a form prescribed by the Mediation Administrator] Files a petition with the district court indicating an election to enter into mediation pursuant to this section; [and]

             (2) At the time of filing such a petition, pays to the clerk of the court a fee of $25;

             (3) Pays to the [Mediation Administrator] district court his or her share of the fee established pursuant to subsection [11] 12 of NRS 107.086 [.] ; and

             (4) Serves a copy of the petition upon Home Means Nevada, Inc., or its successor organization, and the beneficiary of the deed of trust, by certified mail, return receipt requested or, if authorized by the parties, by electronic transmission.

      2.  Upon [satisfaction of the requirements of] receipt of a copy of a petition pursuant to subsection 1, [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, shall notify the mortgage servicer, by certified mail, return receipt requested [,] or, if authorized by the parties, by electronic transmission, of the [enrollment] petition of the mortgagor, grantor or person who holds the title of record to participate in mediation pursuant to this section . [and] Upon receipt of a copy of a petition pursuant to subsection 1, the district court shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. [The mortgage servicer] Home Means Nevada, Inc., or its successor organization, shall notify [the mortgagee or the beneficiary of the deed of trust, as applicable, and] every other person with an interest as defined in NRS 107.090, by certified mail, return receipt requested [,] or, if authorized by the parties, by electronic transmission, of the [enrollment] petition of the mortgagor, grantor or person who holds the title of record to participate in mediation.

      3.  Each mediation required by this section must be conducted in conformity with the requirements of subsections 5 and 6 of NRS 107.086.

      4.  If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the [Mediation Administrator] district court a recommendation that the [matter be terminated.

 


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submit to the [Mediation Administrator] district court a recommendation that the [matter be terminated. The Mediation Administrator] petition be dismissed. The court may dismiss the petition and transmit a copy of the order of dismissal to Home Means Nevada, Inc., or its successor organization. Home Means Nevada, Inc., or its successor organization shall, not later than 30 days after [submittal of the mediator’s recommendation that the matter be terminated,] receipt of the order of dismissal, provide to the mortgage servicer a certificate which provides that the mediation required by this section has been completed in the matter. If [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, provides such a certificate, the requirement for mediation pursuant to NRS 107.086 is satisfied.

      5.  The certificate provided pursuant to subsection 4 must be in the same form as the certificate provided pursuant to subsection 8 of NRS 107.086, and may be recorded in the office of the county recorder in which the trust property, or some part thereof, is situated. The recording of the certificate in the office of the county recorder in which the trust property, or some part thereof, is situated shall be deemed to be the recording of the certificate required pursuant to subparagraph (2) of paragraph (e) of subsection 2 of NRS 107.086.

      6.  A noncommercial lender is not excluded from the application of this section.

      7.  [The Mediation Administrator] Home Means Nevada, Inc., or its successor organization, and each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.

      8.  As used in this section:

      (a) “Financial hardship” means a documented event that would prevent the long-term payment of any debt relating to a mortgage or deed of trust secured by owner-occupied housing, including, without limitation:

             (1) The death of the borrower or co-borrower;

             (2) Serious illness;

             (3) Divorce or separation; or

             (4) Job loss or a reduction in pay.

      (b) “Imminent risk of default” means the inability of a grantor or the person who holds the title of record to make his or her mortgage payment within the next 90 days.

      (c) [“Mediation Administrator” has the meaning ascribed to it in NRS 107.086.

      (d)] “Noncommercial lender” has the meaning ascribed to it in NRS 107.086.

      [(e)](d) “Owner-occupied housing” has the meaning ascribed to it in NRS 107.086.

      Sec. 3.5. NRS 107.095 is hereby amended to read as follows:

      107.095  1.  The notice of default required by NRS 107.080 must also be sent by registered or certified mail, return receipt requested and with postage prepaid [,] or, if authorized by the parties, by electronic transmission to each guarantor or surety of the debt. If the address of the guarantor or surety is unknown, the notice must be sent to the address of the trust property. Failure to give the notice, except as otherwise provided in subsection 3, releases the guarantor or surety from his or her obligation to the beneficiary, but does not affect the validity of a sale conducted pursuant to NRS 107.080 or the obligation of any guarantor or surety to whom the notice was properly given.

 


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beneficiary, but does not affect the validity of a sale conducted pursuant to NRS 107.080 or the obligation of any guarantor or surety to whom the notice was properly given.

      2.  Failure to give the notice of default required by NRS 107.090, except as otherwise provided in subsection 3, releases the obligation to the beneficiary of any person who has complied with NRS 107.090 and who is or may otherwise be held liable for the debt or other obligation secured by the deed of trust, but such a failure does not affect the validity of a sale conducted pursuant to NRS 107.080 or the obligation of any person to whom the notice was properly given pursuant to this section or to NRS 107.080 or 107.090.

      3.  A guarantor, surety or other obligor is not released pursuant to this section if:

      (a) The required notice is given at least 15 days before the later of:

             (1) The expiration of the 15- or 35-day period described in paragraph (a) of subsection 2 of NRS 107.080;

             (2) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the expiration of the period described in paragraph [(b)] (a) of subsection [2] 1 of [NRS 107.080;] section 1 of this act; or

             (3) Any extension of the applicable period by the beneficiary; or

      (b) The notice is rescinded before the sale is advertised.

      Sec. 4. NRS 107.550 is hereby amended to read as follows:

      107.550  1.  A civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan must be dismissed without prejudice, any notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 or any notice of sale recorded pursuant to subsection 4 of NRS 107.080 must be rescinded, and any pending foreclosure sale must be cancelled, if:

      (a) The borrower accepts a permanent foreclosure prevention alternative;

      (b) A notice of sale is not recorded within 9 months after the notice of default and election to sell is recorded pursuant to subsection 2 of NRS 107.080; or

      (c) A foreclosure sale is not conducted within 90 calendar days after a notice of sale is recorded pursuant to subsection 4 of NRS 107.080.

      2.  The periods specified in paragraphs (b) and (c) of subsection 1 are tolled:

      (a) If a borrower has filed a case under 11 U.S.C. Chapter 7, 11, 12 or 13, until the bankruptcy court enters an order closing or dismissing the bankruptcy case or granting relief from a stay of foreclosure or trustee’s sale;

      (b) If mediation pursuant to NRS 107.086 is required, until the date on which [the Mediation Administrator, as defined in NRS 107.086,] Home Means Nevada, Inc., or its successor organization, issues the certificate pursuant to NRS 107.086 that mediation has been completed in the matter;

      (c) If mediation pursuant to NRS 40.437 is required or if a court orders participation in a settlement program, until the date on which the mediation or participation in a settlement program is terminated; or

      (d) If a borrower has submitted an application for a foreclosure prevention alternative, until the date on which:

             (1) A written offer for a foreclosure prevention alternative is submitted to the borrower;

 


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             (2) A written statement of the denial of the application has been submitted to the borrower pursuant to subsection 4 of NRS 107.530, and any appeal period pursuant to subsection 5 of NRS 107.530 has expired; or

             (3) If the borrower has appealed the denial of an application for a foreclosure prevention alternative, a written offer for a foreclosure prevention alternative or a written denial of the appeal is submitted to the borrower.

      3.  If, pursuant to subsection 1, a civil action is dismissed, a notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 or any notice of sale recorded pursuant to subsection 4 of NRS 107.080 is rescinded, or any pending foreclosure sale is cancelled, the mortgagee or beneficiary of the deed of trust is thereupon restored to its former position and has the same rights as though an action for a judicial foreclosure had not been commenced or a notice of default and election to sell had not been recorded.

      Sec. 5. NRS 40.437 is hereby amended to read as follows:

      40.437  1.  An action pursuant to NRS 40.430 affecting owner-occupied housing that is commenced in a court of competent jurisdiction [on or before December 1, 2016,] is subject to the provisions of this section.

      2.  In an action described in subsection 1:

      (a) The copy of the complaint served on the mortgagor must include a separate document containing:

             (1) Contact information which the mortgagor may use to reach a person with authority to negotiate a loan modification on behalf of the plaintiff;

             (2) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development;

             (3) A notice provided by [the Mediation Administrator] Home Means Nevada, Inc., or its successor organization, indicating that the mortgagor [will be enrolled] may petition the court to participate in mediation pursuant to this section if he or she pays to the [Mediation Administrator] court his or her share of the fee established pursuant to subsection [11] 12 of NRS 107.086; and

             (4) A form upon which the mortgagor may indicate an election to enter into mediation or to waive mediation pursuant to this section and one envelope addressed to the plaintiff and one envelope addressed to [the Mediation Administrator,] Home Means Nevada, Inc., or its successor organization, which the mortgagor may use to comply with the provisions of subsection 3; and

      (b) The plaintiff must submit a copy of the complaint to [the Mediation Administrator.] Home Means Nevada, Inc., or its successor organization.

      3.  If the mortgagor elects to waive mediation, he or she shall, not later than the date on which an answer to the complaint is due , [or December 31, 2016, whichever is earlier,] complete the form required by subparagraph (4) of paragraph (a) of subsection 2 and file the form with the court and return a copy of the form to the plaintiff by certified mail, return receipt requested [.] or, if authorized by the parties, by electronic transmission. If the mortgagor does not elect to waive mediation, he or she shall, not later than the date on which an answer to the complaint is due, pay to the [Mediation Administrator] court his or her share of the fee established pursuant to subsection [11] 12 of NRS 107.086. Upon receipt of the share of the fee established pursuant to subsection [11] 12 of NRS 107.086 owed by the mortgagor, the [Mediation Administrator] court shall notify the plaintiff, by certified mail, return receipt requested [,] or, if authorized by the parties, by electronic transmission, of the [enrollment] grant of the petition of the mortgagor to participate in mediation pursuant to this section and shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation.

 


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established pursuant to subsection [11] 12 of NRS 107.086 owed by the mortgagor, the [Mediation Administrator] court shall notify the plaintiff, by certified mail, return receipt requested [,] or, if authorized by the parties, by electronic transmission, of the [enrollment] grant of the petition of the mortgagor to participate in mediation pursuant to this section and shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. Upon the plaintiff’s receipt of such notice, the plaintiff shall notify any person with an interest as defined in NRS 107.090, by certified mail, return receipt requested [,] or, if authorized by the parties, by electronic transmission, of the election of the mortgagor to participate in mediation. The judicial foreclosure action must be stayed until the completion of the mediation. If the mortgagor indicates on the form required by subparagraph (4) of paragraph (a) of subsection 2 of his or her election to waive mediation or fails to pay the [Mediation Administrator] court his or her share of the fee established pursuant to subsection [11] 12 of NRS 107.086, as required by this subsection, no mediation is required in the action and the action pursuant to NRS 40.430 must proceed.

      4.  Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection [11] 12 of NRS 107.086. The plaintiff or a representative, and the mortgagor or his or her representative, shall attend the mediation. If the plaintiff is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the plaintiff or have access at all times during the mediation to a person with such authority.

      5.  If the plaintiff or the representative fails to attend the mediation, fails to participate in the mediation in good faith or does not have the authority or access to a person with the authority required by subsection 4, the mediator shall prepare and submit to the [Mediation Administrator and the] court a petition and recommendation concerning the imposition of sanctions against the plaintiff or the representative. The court may issue an order imposing such sanctions against the plaintiff or the representative as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court.

      6.  If the mortgagor is enrolled to participate in mediation pursuant to this section but fails to attend the mediation, no mediation is required and the judicial foreclosure action must proceed as if the mortgagor had elected to waive mediation.

      7.  If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the court [and the Mediation Administrator] a recommendation that the mediation be terminated. The court may terminate the mediation and proceed with the judicial foreclosure action.

      8.  The rules adopted by the Supreme Court pursuant to subsection [11] 12 of NRS 107.086 apply to a mediation conducted pursuant to this section, and the Supreme Court may adopt any additional rules necessary to carry out the provisions of this section.

      9.  Except as otherwise provided in subsection 11, the provisions of this section do not apply if:

 

 


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      (a) The mortgagor has surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust or the mortgagee, or an authorized agent thereof; or

      (b) A petition in bankruptcy has been filed with respect to the defendant under 11 U.S.C. Chapter 7, 11, 12 or 13 and the bankruptcy court has not entered an order closing or dismissing the case or granting relief from a stay of foreclosure.

      10.  A noncommercial lender is not excluded from the application of this section.

      11.  [The Mediation Administrator and each] Each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.

      12.  As used in this section:

      (a) [“Mediation Administrator” has the meaning ascribed to it in NRS 107.086.

      (b)] “Mortgagor” includes the grantor of a deed of trust or the person who holds the title of record to the real property.

      [(c)](b) “Noncommercial lender” has the meaning ascribed to it in NRS 107.086.

      [(d)](c) “Owner-occupied housing” has the meaning ascribed to it in NRS 107.086.

      Sec. 5.5. NRS 100.091 is hereby amended to read as follows:

      100.091  1.  For each loan requiring the deposit of money to an escrow account, loan trust account or other impound account for the payment of taxes, assessments, rental or leasehold payments, insurance premiums or other obligations related to the encumbered property, the lender shall:

      (a) Require contributions in an amount reasonably necessary to pay the obligations as they become due.

      (b) Unless money in the account is insufficient, pay in a timely manner the obligations as they become due.

      (c) At least annually, analyze the account. The analysis of each account must be performed to determine whether sufficient money is contributed to the account on a monthly basis to pay for the projected disbursements from the account. At least 30 days before the effective date of any increased contribution to the account based on the analysis, a statement must be sent to the borrower showing the method of determining the amount of money held in the account, the amount of projected disbursements from the account and the amount of the reserves which may be held in accordance with federal guidelines.

      2.  If, upon completion of the analysis, it is determined that an account is not sufficiently funded to pay from the normal payment the items when due on the account, the lender shall offer the borrower the opportunity to correct the deficiency by making one lump-sum payment or by making increased monthly contributions, in an amount required by the lender. The lender shall not declare a default on the account solely because the borrower is unable to pay the amount of the deficiency in one lump sum.

      3.  Except for payments made by a borrower for a lender to recover previous deficiencies in contributions to the account pursuant to

 


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subsection 2, the borrower is entitled pursuant to subsection 4 to the amount by which the borrower’s contributions to the account exceed the amount reasonably necessary to pay the annual obligations due from the account, together with interest thereon at the rate established pursuant to NRS 99.040.

      4.  If, upon completion of the analysis, it is determined that the amount of money held by the lender in the account, together with anticipated future monthly contributions to the account to be credited to the account before the dates items are due on the account, exceed the amount of money required to pay the items when due, the lender shall, not later than 30 days after completion of its annual review of the account, notify the borrower:

      (a) Of the amount by which the contributions and interest earned pursuant to subsection 3 exceed the amount reasonably necessary to pay the annual obligations due from the account; and

      (b) That the borrower may, not later than 20 days after receipt of the notice, specify that the lender:

             (1) Repay the excess money and interest promptly to the borrower;

             (2) Apply the excess money and interest to the outstanding principal balance; or

             (3) Retain the excess money and interest in the account.

      5.  If the borrower fails to specify the disposition of the excess money and interest as provided in paragraph (b) of subsection 4, the lender shall maintain the excess money and interest in the account.

      6.  If any payment on the loan is delinquent at the time of the analysis, the lender shall retain any excess money and interest in the account and apply the excess money and interest in the account toward payment of the delinquency.

      7.  A lender who violates any provision of subsections 4, 5 and 6 is liable to the borrower for a civil penalty of not more than $1,000.

      8.  The provisions of this section apply exclusively to:

      (a) A loan secured by a single family residence, as that term is defined in [NRS 107.080;] section 1 of this act; and

      (b) A unit in a common-interest community that is used exclusively for residential use, as those terms are defined in chapter 116 of NRS.

      9.  As used in this section:

      (a) “Borrower” means any person who receives a loan secured by real property and who is required to make advance contributions for the payment of taxes, insurance premiums or other expenses related to the property.

      (b) “Lender” means any person who makes loans secured by real property and who requires advance contributions for the payment of taxes, insurance premiums or other expenses related to the property.

      Sec. 6. NRS 116.31162 is hereby amended to read as follows:

      116.31162  1.  Except as otherwise provided in subsection 5, 6 or 7, in a condominium, in a planned community, in a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, or in a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105 and the declaration provides that a lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the association may foreclose its lien by sale after all of the following occur:

      (a) The association has mailed by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest, at his or her address, if known, and at the address of the unit [,] or, if the authorized by the parties, delivered by electronic transmission, a notice of delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed and the name of the record owner of the unit.

 


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delinquent assessment which states the amount of the assessments and other sums which are due in accordance with subsection 1 of NRS 116.3116, a description of the unit against which the lien is imposed and the name of the record owner of the unit.

      (b) Not less than 30 days after mailing or delivering by electronic transmission the notice of delinquent assessment pursuant to paragraph (a), the association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, a notice of default and election to sell the unit to satisfy the lien which must contain the same information as the notice of delinquent assessment and which must also comply with the following:

             (1) Describe the deficiency in payment.

             (2) State the total amount of the deficiency in payment, with a separate statement of:

                   (I) The amount of the association’s lien that is prior to the first security interest on the unit pursuant to subsection 3 of NRS 116.3116 as of the date of the notice;

                   (II) The amount of the lien described in sub-subparagraph (I) that is attributable to assessments based on the periodic budget adopted by the association pursuant to NRS 116.3115 as of the date of the notice;

                   (III) The amount of the lien described in sub-subparagraph (I) that is attributable to amounts described in NRS 116.310312 as of the date of the notice; and

                   (IV) The amount of the lien described in sub-subparagraph (I) that is attributable to the costs of enforcing the association’s lien as of the date of the notice.

             (3) State that:

                   (I) If the holder of the first security interest on the unit does not satisfy the amount of the association’s lien that is prior to that first security interest pursuant to subsection 3 of NRS 116.3116, the association may foreclose its lien by sale and that the sale may extinguish the first security interest as to the unit; and

                   (II) If, not later than 5 days before the date of the sale, the holder of the first security interest on the unit satisfies the amount of the association’s lien that is prior to that first security interest pursuant to subsection 3 of NRS 116.3116 and, not later than 2 days before the date of the sale, a record of such satisfaction is recorded in the office of the recorder of the county in which the unit is located, the association may foreclose its lien by sale but the sale may not extinguish the first security interest as to the unit.

             (4) State the name and address of the person authorized by the association to enforce the lien by sale.

             (5) Contain, in 14-point bold type, the following warning:

 

WARNING! IF YOU FAIL TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE!

 

      (c) The unit’s owner or his or her successor in interest has failed to pay the amount of the lien, including costs, fees and expenses incident to its enforcement, for 90 days following the recording of the notice of default and election to sell.

 


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      (d) The unit’s owner or his or her successor in interest, or the holder of a recorded security interest on the unit, has, for a period which commences in the manner and subject to the requirements described in subsection 3 and which expires 5 days before the date of sale, failed to pay the assessments and other sums that are due to the association in accordance with subsection 1 of NRS 116.3116.

      (e) The association or other person conducting the sale has executed and caused to be recorded, with the county recorder of the county in which the common-interest community or any part of it is situated, an affidavit which states, based on the direct, personal knowledge of the affiant, the personal knowledge which the affiant acquired by a review of a trustee sale guarantee or a similar product or the personal knowledge which the affiant acquired by a review of the business records of the association or other person conducting the sale, which business records must meet the standards set forth in NRS 51.135, the following:

             (1) The name of each holder of a security interest on the unit to which the notice of default and election to sell and the notice of sale was mailed, as required by subsection 2 of NRS 116.31163 and paragraph (d) of subsection 1 of NRS 116.311635; and

             (2) The address at which the notices were mailed to each such holder of a security interest.

      2.  The notice of default and election to sell must be signed by the person designated in the declaration or by the association for that purpose or, if no one is designated, by the president of the association.

      3.  The period of 90 days described in paragraph (c) of subsection 1 begins on the first day following:

      (a) The date on which the notice of default and election to sell is recorded; or

      (b) The date on which a copy of the notice of default and election to sell is mailed by certified or registered mail, return receipt requested [,] or delivered by electronic transmission, as applicable, to the unit’s owner or his or her successor in interest at his or her address, if known, and at the address of the unit,

Ê whichever date occurs later.

      4.  An association may not mail or deliver by electronic transmission to a unit’s owner or his or her successor in interest a letter of its intent to mail or deliver by electronic transmission a notice of delinquent assessment pursuant to paragraph (a) of subsection 1, mail or deliver by electronic transmission the notice of delinquent assessment or take any other action to collect a past due obligation from a unit’s owner or his or her successor in interest unless:

      (a) Not earlier than 60 days after the obligation becomes past due, the association mails to the address on file for the unit’s owner [:] or, if authorized by the parties, delivers by electronic transmission:

             (1) A schedule of the fees that may be charged if the unit’s owner fails to pay the past due obligation;

             (2) A proposed repayment plan; and

             (3) A notice of the right to contest the past due obligation at a hearing before the executive board and the procedures for requesting such a hearing; and

 


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ê2017 Statutes of Nevada, Page 4105 (Chapter 571, SB 490)ê

 

      (b) Within 30 days after the date on which the information described in paragraph (a) is mailed [,] or delivered by electronic transmission, as applicable, the past due obligation has not been paid in full or the unit’s owner or his or her successor in interest has not entered into a repayment plan or requested a hearing before the executive board. If the unit’s owner or his or her successor in interest requests a hearing or enters into a repayment plan within 30 days after the date on which the information described in paragraph (a) is mailed or delivered by electronic transmission, as applicable, and is unsuccessful at the hearing or fails to make a payment under the repayment plan within 10 days after the due date, the association may take any lawful action pursuant to subsection 1 to enforce its lien.

      5.  The association may not foreclose a lien by sale if the association has not mailed a copy of the notice of default and election to sell and a copy of the notice of sale to each holder of a security interest on the unit in the manner and subject to the requirements set forth in subsection 2 of NRS 116.31163 and paragraph (d) of subsection 1 of 116.311635.

      6.  The association may not foreclose a lien by sale based on a fine or penalty for a violation of the governing documents of the association unless:

      (a) The violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community; or

      (b) The penalty is imposed for failure to adhere to a schedule required pursuant to NRS 116.310305.

      7.  The association may not foreclose a lien by sale if the association has received notice pursuant to NRS 107.086 that the unit is subject to foreclosure mediation pursuant to that section, unless:

      (a) The trustee of record has recorded the certificate provided to the trustee pursuant to subparagraph (1) or (2) of paragraph (e) of subsection 2 of NRS 107.086; or

      (b) The unit’s owner has failed to pay to the association any amounts enforceable as assessments pursuant to subsection 1 of NRS 116.3116 that become due during the pendency of foreclosure mediation pursuant to NRS 107.086, other than past due obligations as described in subsection [10] 11 of NRS 107.086.

      Sec. 7. Section 10.5 of chapter 517, Statutes of Nevada 2015, at page 3334, is hereby amended to read as follows:

       Sec. 10.5.  If the [Court Administrator] Interim Finance Committee determines that money in the Account for Foreclosure Mediation Assistance created by NRS 107.080 is not sufficient to support the mediation process set forth in NRS 107.086, as amended by section 2.5 of this act, and the mediation process set forth in section 1 of this act, [the Court Administrator] Home Means Nevada, Inc., or its successor organization, may submit to the Interim Finance Committee a request for an allocation from the Contingency Account created by NRS 353.266 for deposit in the Account for Foreclosure Mediation Assistance for such purpose.

      Sec. 8. Section 13 of chapter 517, Statutes of Nevada 2015, at page 3334, is hereby amended to read as follows:

       Sec. 13.  1.  This section and sections 2.5, 8.5, 10.5 and 11 of this act become effective upon passage and approval.

       2.  Section 1 of this act becomes effective upon passage and approval . [and expires by limitation on June 30, 2017.

 


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ê2017 Statutes of Nevada, Page 4106 (Chapter 571, SB 490)ê

 

       3.  Sections 1.5, 2, 3 to 8, inclusive, 9, 10 and 12 of this act become effective on June 30, 2017.

       4.  Section 10.5 of this act expires by limitation on June 30, 2017.]

      Sec. 9.  The State Controller shall transfer to the Account for Foreclosure Mediation Assistance created by NRS 107.080, as amended by section 1.5 of this act, as soon as practicable on or after the effective date of this act, all money remaining in the Account for Foreclosure Mediation created by NRS 107.080 that has not been committed for expenditure.

      Sec. 9.5.  1.  Notwithstanding any other provision of law, a person may enroll in the Foreclosure Mediation Program if:

      (a) The person otherwise could have enrolled in the Foreclosure Mediation Program after December 31, 2016, or was mailed a notice of default and election to sell pursuant to NRS 107.080 after December 2, 2016;

      (b) Before the effective date of this act, the person received a notice of default required by NRS 107.080 or a civil action was commenced against the person pursuant to NRS 40.430; and

      (c) Before the effective date of this act, the property has not been sold.

      2.  A person described in subsection 1 shall have until 30 days after the effective date of this act to enroll in the Foreclosure Mediation Program.

      Sec. 10.  The amendatory provisions of sections 1 and 1.5 of this act apply only to a notice of default and election to sell which is recorded pursuant to NRS 107.080, as amended by section 1.5 of this act, on or after the effective date of this act.

      Sec. 11. Sections 1.5, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of chapter 517, Statutes of Nevada 2015, at pages 3317, 3322, 3327, 3328, 3330, 3333 and 3334, are hereby repealed.

      Sec. 12.  This act becomes effective upon passage and approval.

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ê2017 Statutes of Nevada, Page 4107ê

 

CHAPTER 572, AB 280

Assembly Bill No. 280–Assemblymen Frierson, Carrillo, Monroe-Moreno, Sprinkle, Neal; Araujo, Benitez-Thompson, Bilbray-Axelrod, Carlton, Cohen, Daly, Fumo, Jauregui, Joiner, McCurdy II, Miller, Ohrenschall, Spiegel, Thompson, Tolles, Watkins and Yeager

 

Joint Sponsors: Senators Ford and Cannizzaro

 

CHAPTER 572

 

[Approved: June 13, 2017]

 

AN ACT relating to procurement; establishing provisions relating to preferences in bidding for certain contracts with Nevada-based businesses for state purchasing; revising provisions relating to the disclosure of the weight assigned to certain factors used to evaluate proposals for certain state purchasing contracts; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law grants a preference of 5 percent for a bid or proposal for a state purchasing contract which is submitted by a local business owned and operated by a veteran with a service-connected disability. (NRS 333.3361-333.3369) Sections 2-8 of this bill create a preference of 5 percent for a bid or proposal for a state purchasing contract which is submitted by a Nevada-based business. To qualify for this preference, section 3 requires such a business to certify that: (1) its principal place of business is in this State; or (2) a majority of the goods provided for in a state purchasing contract are produced in this State. Section 5 establishes that: (1) a bid which qualifies for the preference will be deemed to be 5 percent lower than the bid actually submitted; and (2) a proposal which qualifies for the preference will be deemed to have a score which is 5 percent higher than the score actually awarded. Section 5 also prohibits granting the preference for the award of any contract which uses federal money, unless such a preference is authorized by federal law or any contract which has been procured on a multistate basis. Section 6 imposes certain penalties and restrictions upon a business that makes a material misrepresentation or commits a fraudulent act in applying for a preference or fails to comply with the requirements for a preference. Sections 9 and 10 of this bill make conforming changes.

      Existing law requires each proposal submitted for certain state purchasing contracts to be evaluated based on certain factors to determine whether the proposal is in the best interest of the State. Each factor is assigned a relative weight which must not be disclosed before the proposals are submitted. (NRS 333.335) Section 9.5 of this bill removes the requirement that the weight of each factor must not be disclosed before the proposals are submitted.

 

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 333 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

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

 


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ê2017 Statutes of Nevada, Page 4108 (Chapter 572, AB 280)ê

 

      Sec. 3. “Nevada-based business” means a business which certifies that:

      1.  Its principal place of business is in this State; or

      2.  The majority of goods provided for in a state purchasing contract are produced in this State.

      Sec. 4. “State purchasing contract” means a contract awarded pursuant to the provisions of this chapter.

      Sec. 5. 1.  If a business that qualifies as a Nevada-based business submits a:

      (a) Bid to furnish commodities that was solicited pursuant to NRS 333.300, the bid shall be deemed to be 5 percent lower than the bid actually submitted; or

      (b) Proposal to contract for services, the score assigned to the proposal pursuant to NRS 333.335 shall be deemed to be 5 percent higher than the score actually awarded.

      2.  The preference described in subsection 1 may not be:

      (a) Combined with any other preference.

      (b) Granted for the award of any contract which uses federal money unless such a preference is authorized by federal law.

      (c) Granted for the award of any contract procured on a multistate basis.

      Sec. 6. 1.  In addition to any other remedy or penalty provided by law, if the Purchasing Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in section 5 of this act or has failed to comply with the requirements of that section, the business:

      (a) Shall pay to the Purchasing Division, if awarded a state purchasing contract, a penalty in the amount of 1 percent of the cost of the state purchasing contract;

      (b) Shall not bid on a state purchasing contract or a contract awarded by any local government for 1 year after the date upon which the Purchasing Division makes such a determination; and

      (c) Shall not apply for or receive a preference described in section 5 of this act for 5 years after the date upon which the Purchasing Division makes such a determination.

      2.  If the Purchasing Division determines, as described in subsection 1, that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for a preference described in section 5 of this act or has failed to comply with the requirements of that section, the business may apply to the Administrator to review the decision pursuant to chapter 233B of NRS.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8. The Purchasing Division may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of sections 2 to 8, inclusive, of this act. The regulations may include, without limitation, provisions setting forth:

      1.  The method by which a business may apply to receive a preference described in section 5 of this act;

      2.  The documentation or other proof that a business must submit to demonstrate that it qualifies for a preference described in section 5 of this act; and

      3.  Such other matters as the Purchasing Division deems relevant.

 


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ê2017 Statutes of Nevada, Page 4109 (Chapter 572, AB 280)ê

 

      Sec. 9. NRS 333.310 is hereby amended to read as follows:

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

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

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

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

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

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

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

      (d) Notice of the [preference] preferences set forth in NRS 333.3366 [.] and section 5 of this act.

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

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

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

      2.  Each advertisement must be published:

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

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

      Sec. 9.5. NRS 333.335 is hereby amended to read as follows:

      333.335  1.  Each proposal must be evaluated by:

      (a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to NRS 333.135, if the proposal is for a using agency; or

      (b) The Administrator of the Purchasing Division, or a committee appointed by the Administrator in accordance with the regulations adopted pursuant to NRS 333.135, if the Administrator is responsible for administering the proposal.

      2.  A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the Administrator of the Purchasing Division determines is necessary to evaluate a proposal. The members of the committee are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal. If the contract is being awarded for the Public Employees’ Benefits Program, the Executive Officer of the Program may observe the activities of the committee, but may not vote or otherwise participate in the evaluation.

 


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ê2017 Statutes of Nevada, Page 4110 (Chapter 572, AB 280)ê

 

      3.  In making an award, the chief of the using agency, the Administrator of the Purchasing Division or each member of the committee, if a committee is established, shall consider and assign a score for each of the following factors for determining whether the proposal is in the best interests of the State of Nevada:

      (a) The experience and financial stability of the person submitting the proposal;

      (b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;

      (c) The price of the proposal; and

      (d) Any other factor disclosed in the request for proposals.

      4.  The chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall determine the relative weight of each factor set forth in subsection 3 before a request for proposals is advertised. [The weight of each factor must not be disclosed before the date proposals are required to be submitted.]

      5.  Except as otherwise provided in this subsection, the chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall award the contract based on the best interests of the State, as determined by the total scores assigned pursuant to subsection 3, and is not required to accept the lowest-priced proposal. If the contract is being awarded for the Public Employees’ Benefits Program, the Administrator of the Purchasing Division or the committee, if a committee is established, shall submit recommendations for awarding the contract to the Board for the Public Employees’ Benefits Program, which shall award the contract in accordance with NRS 287.04345.

      6.  Except as otherwise provided in NRS 239.0115, each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.

      Sec. 10. NRS 333.340 is hereby amended to read as follows:

      333.340  1.  Every contract or order for goods must be awarded to the lowest responsible bidder. To determine the lowest responsible bidder, the Administrator:

      (a) Shall consider, if applicable:

             (1) The granting of the preference described in NRS 333.3366.

             (2) The granting of the preference described in section 5 of this act.

             (3) The required standards adopted pursuant to NRS 333.4611.

      (b) May consider:

             (1) The location of the using agency to be supplied.

             (2) The qualities of the articles to be supplied.

             (3) The total cost of ownership of the articles to be supplied.

             (4) Except as otherwise provided in subparagraph (5), the conformity of the articles to be supplied with the specifications.

             (5) If the articles are an alternative to the articles listed in the original request for bids, whether the advertisement for bids included a statement that bids for an alternative article will be considered if:

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

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

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

 


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ê2017 Statutes of Nevada, Page 4111 (Chapter 572, AB 280)ê

 

             (6) The purposes for which the articles to be supplied are required.

             (7) The dates of delivery of the articles to be supplied.

      2.  If a contract or an order is not awarded to the lowest bidder, the Administrator shall provide the lowest bidder with a written statement which sets forth the specific reasons that the contract or order was not awarded to him or her.

      3.  As used in this section, “total cost of ownership” includes, but is not limited to:

      (a) The history of maintenance or repair of the articles;

      (b) The cost of routine maintenance and repair of the articles;

      (c) Any warranties provided in connection with the articles;

      (d) The cost of replacement parts for the articles; and

      (e) The value of the articles as used articles when given in trade on a subsequent purchase.

      Sec. 11. NRS 338.0117 is hereby amended to read as follows:

      338.0117  1.  To qualify to receive a preference in bidding pursuant to subsection 2 of NRS 338.1389, subsection 2 of NRS 338.147, subsection 3 of NRS 338.1693, subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886, a contractor, an applicant or a design-build team, respectively, must submit to the public body sponsoring or financing a public work a signed affidavit which certifies that, for the duration of the project, collectively, and not on any specific day:

      (a) At least 50 percent of the workers employed on the public work, including, without limitation, any employees of the contractor, applicant or design-build team and of any subcontractor engaged on the public work, will hold a valid driver’s license or identification card issued by the Department of Motor Vehicles of the State of Nevada;

      (b) All vehicles used primarily for the public work will be:

             (1) Registered and partially apportioned to Nevada pursuant to the International Registration Plan, as adopted by the Department of Motor Vehicles pursuant to NRS 706.826; or

             (2) Registered in this State;

      (c) If applying to receive a preference in bidding pursuant to subsection 3 of NRS 338.1727 or subsection 2 of NRS 408.3886, at least 50 percent of the design professionals working on the public work, including, without limitation, employees of the design-build team and of any subcontractor or consultant engaged in the design of the public work, will have a valid driver’s license or identification card issued by the Department of Motor Vehicles of the State of Nevada; and

      (d) The contractor, applicant or design-build team and any subcontractor engaged on the public work will maintain and make available for inspection within this State his or her records concerning payroll relating to the public work.

      2.  Any contract for a public work that is awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 as a result of the contractor, applicant or design-build team receiving a preference in bidding described in subsection 1 must:

      (a) Include a provision in the contract that substantially incorporates the requirements of paragraphs (a) to (d), inclusive, of subsection 1; and

      (b) Provide that a failure to comply with any requirement of paragraphs (a) to (d), inclusive, of subsection 1 entitles the public body to a penalty only as provided in subsections 5 and 6.

 


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ê2017 Statutes of Nevada, Page 4112 (Chapter 572, AB 280)ê

 

      3.  A person who submitted a bid on the public work or an entity who believes that a contractor, applicant or design-build team has obtained a preference in bidding as described in subsection 1 but has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 may file, before the substantial completion of the public work, a written objection with the public body for which the contractor, applicant or design-build team is performing the public work. A written objection authorized pursuant to this subsection must set forth proof or substantiating evidence to support the belief of the person or entity that the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1.

      4.  If a public body receives a written objection pursuant to subsection 3, the public body shall determine whether the objection is accompanied by the proof or substantiating evidence required pursuant to that subsection. If the public body determines that the objection is not accompanied by the required proof or substantiating evidence, the public body shall dismiss the objection. If the public body determines that the objection is accompanied by the required proof or substantiating evidence or if the public body determines on its own initiative that proof or substantiating evidence of a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 exists, the public body shall determine whether the contractor, applicant or design-build team has failed to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1 and the public body or its authorized representative may proceed to award the contract accordingly or, if the contract has already been awarded, seek the remedy authorized in subsection 5.

      5.  [A] In addition to any other remedy or penalty provided by law, a public body may recover, by civil action against the party responsible for a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1, a penalty as described in subsection 6 for a failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1. If a public body recovers a penalty pursuant to this subsection, the public body shall report to the State Contractors’ Board the date of the failure to comply, the name of each entity which failed to comply and the cost of the contract to which the entity that failed to comply was a party. The Board shall maintain this information for not less than 6 years. Upon request, the Board shall provide this information to any public body or its authorized representative.

      6.  If a contractor, applicant or design-build team submits the affidavit described in subsection 1, receives a preference in bidding described in subsection 1 and is awarded the contract as a result of that preference, the contract between the contractor, applicant or design-build team and the public body, each contract between the contractor, applicant or design-build team and a subcontractor and each contract between a subcontractor and a lower tier subcontractor must provide that:

 

 

 

 

 

 

 

 


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ê2017 Statutes of Nevada, Page 4113 (Chapter 572, AB 280)ê

 

      (a) If a party to the contract causes the contractor, applicant or design-build team to fail to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1, the party is liable to the public body for a penalty in the amount of 1 percent of the cost of the largest contract to which he or she is a party;

      (b) The right to recover the amount determined pursuant to paragraph (a) by the public body pursuant to subsection 5 may be enforced by the public body directly against the party that caused the failure to comply with a requirement of paragraphs (a) to (d), inclusive, of subsection 1; and

      (c) No other party to the contract is liable to the public body for a penalty.

      7.  A public body that awards a contract for a public work to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1 shall, on or before July 31 of each year, submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission. The report must include information on each contract for a public work awarded to a contractor, applicant or design-build team who submits the affidavit described in subsection 1 and who receives a preference in bidding described in subsection 1, including, without limitation, the name of the contractor, applicant or design-build team who was awarded the contract, the cost of the contract, a brief description of the public work and a description of the degree to which the contractor, applicant or design-build team and each subcontractor complied with the requirements of paragraphs (a) to (d), inclusive, of subsection 1.

      8.  As used in this section:

      (a) “Lower tier subcontractor” means a subcontractor who contracts with another subcontractor to provide labor, materials or services to the other subcontractor for a construction project.

      (b) “Vehicle used primarily for the public work” does not include any vehicle that is present at the site of the public work only occasionally and for a purpose incidental to the public work including, without limitation, the delivery of materials. Notwithstanding the provisions of this paragraph, the term includes any vehicle which is:

             (1) Owned or operated by the contractor or any subcontractor who is engaged on the public work; and

             (2) Present at the site of the public work.

      Secs. 12-16. (Deleted by amendment.)

      Sec. 17.  This act becomes effective on July 1, 2017.

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ê2017 Statutes of Nevada, Page 4114ê

 

CHAPTER 573, AB 183

Assembly Bill No. 183–Assemblyman Ohrenschall

 

CHAPTER 573

 

[Approved: June 13, 2017]

 

AN ACT relating to hospitals; limiting the amount that a hospital may collect or attempt to collect from a patient or other responsible party under certain circumstances; establishing provisions relating to statutory liens on a judgment or settlement; requiring a hospital to provide notice of intent to file such a lien in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law limits the collection rights of a hospital if a patient is covered by a policy of health insurance issued by a third party and the hospital has a contract with that party. The hospital may not collect or attempt to collect its charges from an insurer other than a health insurer, including an insurer that provides coverage under a policy of casualty or property insurance. These limitations currently do not apply to Medicaid, the Children’s Health Insurance Program or any other public program which may pay all or part of the hospital bill. (NRS 449.758) Section 2 of this bill limits the amount that the hospital may collect or attempt to collect from the patient or other responsible party to the amounts payable by or on behalf of the patient under the policy. Section 2 also deletes the specific reference to property insurance.

      Section 2 additionally requires a hospital that collects or receives any payments from an insurer that provides medical payment coverage under a policy of casualty insurance to return to the patient any amount collected or received that is in excess of the deductible, copayment or coinsurance payable by or on behalf of the patient under the policy of health insurance not later than 30 days after a determination is made concerning coverage.

      Existing law provides that a hospital has statutory liens for any amount due to the hospital for the reasonable value of the care rendered to an injured person. The liens apply to any award of damages or settlement obtained by the injured person or the personal representative of the injured person from a person responsible for the injury causing the hospitalization or, in the case of a county or district hospital, any real property of the injured person or other responsible party. (NRS 108.590, 108.662) Under section 2.5 of this bill, if a hospital provides care to an injured person who has a policy of health insurance issued by a third party and the hospital has a contract with that party and wishes to be able to perfect a statutory lien on a judgment or settlement, the hospital is required to send a notice of intent to file a lien to certain persons not later than 90 days after the termination of the hospitalization of the injured person. Within 30 days after sending such a notice, section 2.5 requires a hospital to proceed with any efforts to collect on any amount owed to the hospital in accordance with existing law. Section 2.5 additionally provides that if a hospital provides notice of intent to file a lien, the hospital must be provided notice of any judgment, settlement or compromise.

      Section 3.7 of this bill makes conforming changes.

      Section 2.6 of this bill prohibits the hospital from receiving an amount more than 55 percent of the charges billed by the hospital if an injured person may be eligible for Medicaid, Medicare, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill.

 


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ê2017 Statutes of Nevada, Page 4115 (Chapter 573, AB 183)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 449.758 is hereby amended to read as follows:

      449.758  1.  Except as otherwise provided in subsection [2,] 3, if a hospital provides hospital care to a person who has a policy of health insurance issued by a third party that provides health coverage for care provided at that hospital and the hospital has a contractual agreement with the third party, the hospital [shall] :

      (a) Shall proceed with any efforts to collect on any amount owed to the hospital for the hospital care in accordance with the provisions of NRS 449.757 . [and shall]

      (b) Shall not collect or attempt to collect from the patient or other responsible party more than the sum of the amounts of any deductible, copayment or coinsurance payable by or on behalf of the patient under the policy of health insurance.

      (c) Shall not collect or attempt to collect that amount from:

      [(a)](1) Any proceeds or potential proceeds of a civil action brought by or on behalf of the patient, including, without limitation, any amount awarded for medical expenses; or

      [(b)](2) An insurer other than [a health] an insurer [, including, without limitation,] that provides coverage under a policy of health insurance or an insurer that provides coverage for medical payments under a policy of casualty [or property] insurance.

      2.  If the hospital collects or receives any payments from an insurer that provides coverage for medical payments under a policy of casualty insurance, the hospital shall, not later than 30 days after a determination is made concerning coverage, return to the patient any amount collected or received that is in excess of the deductible, copayment or coinsurance payable by or on behalf of the patient under the policy of health insurance.

      3.  This section does not apply to:

      (a) Amounts owed to the hospital which are not covered under the policy of health insurance [that are not collectible] ; or

      (b) Medicaid, Medicare, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill.

      [3.]4.  This section does not limit any rights of a patient to contest an attempt to collect an amount owed to a hospital, including, without limitation, contesting a lien obtained by a hospital.

      [4.]5.  As used in this section, “third party” [has the meaning ascribed to it in NRS 439B.260.] means:

      (a) An insurer, as defined in NRS 679B.540;

      (b) A health benefit plan, as defined in NRS 689A.540, for employees which provides coverage for services and care at a hospital;

      (c) A participating public agency, as defined in NRS 287.04052, and any other local governmental agency of the State of Nevada which provides a system of health insurance for the benefit of its officers and employees, and the dependents of officers and employees, pursuant to chapter 287 of NRS; or

 


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      (d) Any other insurer or organization providing health coverage or benefits in accordance with state or federal law.

      Sec. 2.1.Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2.3 to 2.9, inclusive, of this act.

      Sec. 2.3.As used in NRS 108.590 to 108.660, inclusive, and sections 2.3 to 2.9, inclusive, of this act, unless the context otherwise requires, “third party” has the meaning ascribed to it in subsection 5 of NRS 449.758.

      Sec. 2.5.1.  If a hospital provides hospital care to an injured person who has a policy of health insurance issued by a third party that provides health coverage for care provided at the hospital and the hospital has a contractual agreement with the third party and wishes to be able to perfect a lien pursuant to NRS 108.610, the hospital shall, not later than 90 days after the termination of hospitalization, send a notice of intent to file a lien by registered or certified mail to:

      (a) The insurance carrier, if known, which has insured against liability of the person alleged to be responsible for causing the injury and liable on account thereof and from which damages are claimed and any legal representative of that person; and

      (b) The injured person or personal representative of the injured person, as applicable, and any legal representative of the injured person or personal representative.

      2.  Within 30 days after sending a notice pursuant to subsection 1, the hospital shall proceed with any efforts to collect on any amount owed to the hospital for the hospital care in accordance with the provisions of NRS 449.757.

      3.  If an injured person or the personal representative of an injured person is awarded by judgment or obtains by a settlement or compromise a sum of money after a notice of intent to file a lien is received pursuant to this section:

      (a) Any person receiving such notice shall provide written notice to the hospital of the judgment, settlement or compromise; and

      (b) The insurance carrier and any attorney holding the money in trust shall proceed as if the lien is perfected pursuant to NRS 108.610 unless the hospital fails to comply with subsection 2.

      4.  If the hospital fails to comply with subsection 2, the notice of intent to file a lien shall be deemed void ab initio.

      5.  This section does not apply to Medicaid, Medicare, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill.

      Sec. 2.6. If an injured person may be eligible for Medicaid, Medicare, the Children’s Health Insurance Program or any other public program which may pay all or part of the bill, the hospital shall not receive any amount pursuant to a lien asserted pursuant to NRS 108.590 to 108.660, inclusive, and sections 2.3 to 2.9, inclusive, of this act which is equal to more than 55 percent of the charges billed by the hospital.

 

 

 

 

 

 


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      Secs. 2.7, 2.9 and 3.  (Deleted by amendment.)

      Sec. 3.3. NRS 108.600 is hereby amended to read as follows:

      108.600  1.  No rights or claims for liens under NRS 108.590 to 108.660, inclusive, and sections 2.3 to 2.9, inclusive, of this act shall be allowed for hospitalization rendered an injured person after a settlement has been effected by or on behalf of the party causing the injury.

      2.  No lien shall apply or be allowed against any sum incurred by the injured party for necessary attorney fees, costs and expenses incurred by the injured party in securing a settlement, compromise or recovering damages by an action at law.

      Sec. 3.7.NRS 108.610 is hereby amended to read as follows:

      108.610  In order to perfect [the] a lien [,] provided by NRS 108.590, the hospital or the owner or operator thereof [shall:

      1.]must comply with the provisions of section 2.5 of this act, if applicable, and:

      1.  Before the payment of any money to the injured person , the personal representative of the injured person or to a legal representative as compensation for injuries received, record a notice of lien, substantially in the form prescribed in NRS 108.620, containing an itemized statement of the amount claimed. The notice of lien must be filed with:

      (a) The county recorder of the county wherein the hospital is located; and

      (b) The county recorder of the county wherein the injury was suffered, if the injury was suffered in a county other than that wherein the hospital is located.

      2.  Before the date of judgment, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon the person alleged to be responsible for causing the injury and liable for damages on account thereof and from which damages are claimed.

      3.  Before the date of judgment, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon the insurance carrier, if known, which has insured against liability of the person alleged to be responsible for causing the injury and liable for damages on account thereof and from which damages are claimed.

      Sec. 4. (Deleted by amendment.)

      Sec. 4.5.  1.  The amendatory provisions of section 2.6 of this act apply to a person who is admitted to a hospital on or after July 1, 2017.

      2.  The amendatory provisions of sections 2, 2.3, 2.5 and 2.7 to 4, inclusive, of this act apply to a person who is admitted to a hospital on or after October 1, 2017.

      Sec. 5.  1.  This section and sections 2.1, 2.6 and 4.5 of this act become effective on July 1, 2017.

      2.  Sections 1, 2, 2.3, 2.5 and 2.7 to 4, inclusive, of this act become effective on October 1, 2017.

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ê2017 Statutes of Nevada, Page 4118ê

 

CHAPTER 574, AB 371

Assembly Bill No. 371–Assemblymen Swank and Elliot Anderson

 

CHAPTER 574

 

[Approved: June 13, 2017]

 

AN ACT relating to historic buildings; authorizing the State Land Registrar to purchase certain historic buildings and enter into a public-private partnership to facilitate certain activities related to such a historic building; providing requirements and exemptions relating to such a public-private partnership; establishing the Restore Nevada’s Treasures Revolving Account; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 8 of this bill authorizes the State Land Registrar, to the extent that money is available, to purchase a historic building that has been determined by the Office of Historic Preservation of the State Department of Conservation and Natural Resources to be a historic building that is at risk of loss. Section 8 also authorizes the State Land Registrar to enter into a public-private partnership for the preservation, rehabilitation, restoration, reconstruction or adaptive reuse of a historic building so purchased and sets forth certain provisions that a contract for a public-private partnership is required to include. Section 8 requires the public-private partnership to be structured so that the State will be repaid by the private partner for the purchase price of the historic building and the private partner will receive ownership of the historic building from the State. Section 10 of this bill exempts such a public-private partnership from existing law governing purchasing and public works, except regarding the payment of the prevailing wage.

      Section 11 of this bill establishes the Restore Nevada’s Treasures Revolving Account and requires that the money in the Revolving Account be used to acquire historic buildings and pay expenses related to a public-private partnership for the preservation, rehabilitation, restoration, reconstruction or adaptive reuse of a historic building.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 3. Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 11, inclusive, of this act.

      Sec. 4. As used in sections 4 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5, 6 and 7 of this act have the meanings ascribed to them in those sections.

      Sec. 5. “Historic building” means a site, building, structure, object or district which is eligible for or included in the State Register of Historic Places pursuant to NRS 383.085 or the National Register of Historic Places or is otherwise of historical significance.

      Sec. 6. “Private partner” means a person with whom the State Land Registrar enters into a public-private partnership.

      Sec. 7. “Public-private partnership” means a contract entered into by the State Land Registrar and a private partner pursuant to section 8 of this act.

 


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      Sec. 8. 1.  To the extent that money is available in the Restore Nevada’s Treasures Revolving Account created by section 11 of this act, the State Land Registrar may purchase a historic building that has been determined by the Office of Historic Preservation of the State Department of Conservation and Natural Resources to be a historic building that is at risk of loss.

      2.  The State Land Registrar may enter into a public-private partnership with a private partner for the preservation, rehabilitation, restoration, reconstruction or adaptive reuse of a historic building purchased pursuant to subsection 1. The public-private partnership must be structured to facilitate the transfer of ownership of the historic building from the State to the private partner and repayment of the purchase price of the historic building to the State by the private partner from revenues generated by the historic building.

      3.  The contract for a public-private partnership must include, without limitation:

      (a) The rate of interest on payments;

      (b) A schedule for payments; and

      (c) A provision to ensure all money expended or advanced by the State in connection with the public-private partnership is recovered in the event of a default by the private partner.

      4.  The State Land Registrar shall consult with the Office of Historic Preservation of the State Department of Conservation and Natural Resources regarding:

      (a) Identification of historic buildings appropriate for public-private partnerships; and

      (b) The design and restoration of a historic building pursuant to a public-private partnership.

      Sec. 9. To carry out the provisions of sections 4 to 11, inclusive, of this act, the State Land Registrar may:

      1.  Employ any necessary legal, financial, technical and other consultants.

      2.  Apply for grants and accept from any source any gift, grant, donation or other form of conveyance of land, money, other real or personal property or other thing of value.

      3.  Keep any proprietary information obtained by or disclosed to the State Land Registrar during the procurement or negotiation of the public-private partnership confidential.

      4.  Adopt such regulations as the State Land Registrar deems necessary.

      Sec. 10. 1.  The provisions of chapters 333, 338 and 341 of NRS do not apply to a public-private partnership, except the provisions of NRS 338.013 to 338.090, inclusive, apply to a contract to perform work in connection with the preservation, rehabilitation, restoration, reconstruction or adaptive use of a historic building pursuant to a public-private partnership. The private partner and a contractor who is awarded the contract or enters into the agreement to perform the preservation, rehabilitation, restoration, reconstruction or adaptive use of the historic building shall include in the contract or other agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive. The State Land Registrar, the private partner, any contractor who is awarded a contract or enters into an agreement to perform such work on the historic building project and any subcontractor who performs work on the historic building project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the project or had awarded the contract.

 


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who is awarded a contract or enters into an agreement to perform such work on the historic building project and any subcontractor who performs work on the historic building project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the project or had awarded the contract.

      2.  The Deputy Administrator of the Public Works - Compliance and Code Enforcement Section of the State Public Works Division of the Department of Administration shall serve as the building official on the work performed in connection with the preservation, rehabilitation, restoration, reconstruction or adaptive use of a historic building pursuant to a public-private partnership.

      Sec. 11. 1.  The Restore Nevada’s Treasures Revolving Account is hereby created as a special account in the State General Fund.

      2.  The State Land Registrar shall deposit into the Revolving Account money received:

      (a) As a gift, grant or donation pursuant to section 9 of this act; and

      (b) From payments made by a private partner pursuant to a public-private partnership.

      3.  The State Land Registrar may use the money in the Revolving Account only for the expenses related to:

      (a) The acquisition of a historic building pursuant to section 8 of this act; and

      (b) Expenses relating to a public-private partnership.

      4.  The State Land Registrar shall:

      (a) Approve any disbursements from the Revolving Account; and

      (b) Maintain records of any such disbursement.

      5.  The balance of the Revolving Account must be carried forward at the end of each fiscal year.

      Sec. 12. NRS 321.007 is hereby amended to read as follows:

      321.007  1.  Except as otherwise provided in subsection 5, NRS 321.008, 322.061, 322.063, 322.065 or 322.075, or sections 4 to 11, inclusive, of this act, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for land that is sold or leased pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170, inclusive, when offering any land for sale or lease, the State Land Registrar shall:

      (a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the land before selling or leasing it. If the Interim Finance Committee grants its approval after discussion of the fair market value of the land, one independent appraisal of the land is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the land is offered for sale or lease.

      (b) Notwithstanding the provisions of chapter 333 of NRS, select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

      (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the State Land Registrar as to the qualifications of an appraiser is conclusive.

 


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      2.  The State Land Registrar shall adopt regulations for the procedures for creating or amending a list of appraisers qualified to conduct appraisals of land offered for sale or lease by the State Land Registrar. The list must:

      (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the land that may be appraised; and

      (b) Be organized at random and rotated from time to time.

      3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the owner of the land or the owner of an adjoining property.

      4.  An appraiser shall not perform an appraisal on any land offered for sale or lease by the State Land Registrar if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the land or an adjoining property.

      5.  If a lease of land is for residential property and the term of the lease is 1 year or less, the State Land Registrar shall obtain an analysis of the market value of similar rental properties prepared by a licensed real estate broker or salesperson when offering such a property for lease.

      6.  If land is sold or leased in violation of the provisions of this section:

      (a) The sale or lease is void; and

      (b) Any change to an ordinance or law governing the zoning or use of the land is void if the change takes place within 5 years after the date of the void sale or lease.

      Sec. 13. NRS 321.335 is hereby amended to read as follows:

      321.335  1.  Except as otherwise provided in NRS 321.008, 321.125, 322.061, 322.063, 322.065 or 322.075, or sections 4 to 11, inclusive, of this act, except as otherwise required by federal law, except for land that is sold or leased to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for land that is sold or leased to a state or local governmental entity, except for a lease which is part of a contract entered into pursuant to chapter 333 of NRS and except for an agreement entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive, or a lease of residential property with a term of 1 year or less, after April 1, 1957, all sales or leases of any lands that the Division is required to hold pursuant to NRS 321.001, including lands subject to contracts of sale that have been forfeited, are governed by the provisions of this section.

      2.  Whenever the State Land Registrar deems it to be in the best interests of the State of Nevada that any lands owned by the State and not used or set apart for public purposes be sold or leased, the State Land Registrar may, with the approval of the State Board of Examiners and the Interim Finance Committee, cause those lands to be sold or leased upon sealed bids, or oral offer after the opening of sealed bids for cash or pursuant to a contract of sale or lease, at a price not less than the highest appraised value for the lands plus the costs of appraisal and publication of notice of sale or lease.

      3.  Before offering any land for sale or lease, the State Land Registrar shall comply with the provisions of NRS 321.007.

      4.  After complying with the provisions of NRS 321.007, the State Land Registrar shall cause a notice of sale or lease to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold or leased is situated, and in such other newspapers as the State Land Registrar deems appropriate. If there is no newspaper published in the county where the land to be sold or leased is situated, the notice must be so published in a newspaper published in this State having a general circulation in the county where the land is situated.

 


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newspaper published in the county where the land to be sold or leased is situated, the notice must be so published in a newspaper published in this State having a general circulation in the county where the land is situated.

      5.  The notice must contain:

      (a) A description of the land to be sold or leased;

      (b) A statement of the terms of sale or lease;

      (c) A statement that the land will be sold pursuant to subsection 6; and

      (d) The place where the sealed bids will be accepted, the first and last days on which the sealed bids will be accepted, and the time when and place where the sealed bids will be opened and oral offers submitted pursuant to subsection 6 will be accepted.

      6.  At the time and place fixed in the notice published pursuant to subsection 4, all sealed bids which have been received must, in public session, be opened, examined and declared by the State Land Registrar. Of the proposals submitted which conform to all terms and conditions specified in the notice published pursuant to subsection 4 and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral offer is accepted or the State Land Registrar rejects all bids and offers. Before finally accepting any written bid, the State Land Registrar shall call for oral offers. If, upon the call for oral offers, any responsible person offers to buy or lease the land upon the terms and conditions specified in the notice, for a price exceeding by at least 5 percent the highest written bid, then the highest oral offer which is made by a responsible person must be finally accepted.

      7.  The State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if the State Land Registrar deems the bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the State to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

      8.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of sale specified in the notice of sale, the State Land Registrar shall convey title by quitclaim or cause a patent to be issued as provided in NRS 321.320 and 321.330.

      9.  Upon acceptance of any bid or oral offer and payment to the State Land Registrar in accordance with the terms of lease specified in the notice of lease, the State Land Registrar shall enter into a lease agreement with the person submitting the accepted bid or oral offer pursuant to the terms of lease specified in the notice of lease.

      10.  The State Land Registrar may require any person requesting that state land be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the State Land Registrar in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

      11.  If land that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the land, the State Land Registrar may offer the land for sale or lease a second time pursuant to this section.

 


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ê2017 Statutes of Nevada, Page 4123 (Chapter 574, AB 371)ê

 

time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the land, the State Land Registrar must, as applicable, obtain a new appraisal or new appraisals of the land pursuant to the provisions of NRS 321.007 before offering the land for sale or lease a second time. If land that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the land, the State Land Registrar may list the land for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the land or an adjoining property.

      Sec. 14.  This act becomes effective on July 1, 2017.

________

CHAPTER 575, AB 399

Assembly Bill No. 399–Assemblywoman Bustamante Adams

 

Joint Sponsors: Senators Hammond and Manendo

 

CHAPTER 575

 

[Approved: June 13, 2017]

 

AN ACT relating to public works; establishing the Nevada State Infrastructure Bank; providing for the governance of the Bank by a Board of Directors; establishing the powers and duties of the Board of Directors; providing for the administration of the Bank by an Executive Director to the extent that certain money is available; establishing the powers and duties of the Executive Director; establishing the Nevada State Infrastructure Bank Fund; authorizing the Bank to perform certain acts in connection with the financing of certain transportation facilities and utility infrastructure; providing civil immunity for certain persons for certain official actions; revising provisions governing revenues pledged for the payment of bonds to finance the renovation or expansion of the Las Vegas Convention Center; revising provisions governing audits of the use of such revenues; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 2-36.5 of this bill establish the Nevada State Infrastructure Bank. The purpose of the Bank is to provide loans and other financial assistance to various units of state and local government for the development, construction, repair, improvement, maintenance, decommissioning, operation and ownership of certain transportation facilities and utility infrastructure. Sections 20 and 37.1 of this bill create the Bank within the Department of Transportation and provide for its governance by a Board of Directors. Section 21 of this bill establishes certain powers and duties of the Board of Directors. Section 21 further authorizes the Board of Directors to issue bonds or other securities to raise money to carry out its statutory purposes and powers. Section 21 also requires the Board of Directors to act in a commercially reasonable manner and authorizes the Board of Directors to rely on certain information if it is prepared or presented by certain people or entities. Section 22 of this bill requires the Governor, to the extent that money is available from public or private sources for administrative costs, to appoint an Executive Director to administer, manage and conduct the affairs of the Bank and establishes the powers and duties of the Executive Director.

 


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ê2017 Statutes of Nevada, Page 4124 (Chapter 575, AB 399)ê

 

administer, manage and conduct the affairs of the Bank and establishes the powers and duties of the Executive Director. Section 22 also requires that the Executive Director and any employees hired be paid from money allocated to the Bank and appropriated or authorized by the Legislature or the Interim Finance Committee. Section 23 of this bill creates the Nevada State Infrastructure Bank Fund to be administered by the Board of Directors and used exclusively to capitalize and carry out the statutory powers and purpose of the Bank.

      Section 24 of this bill establishes certain procedures relating to: (1) applications for a loan or other financial assistance from the Bank in connection with a project to develop, construct, repair, improve, operate, maintain, decommission or own a transportation facility or utility infrastructure; (2) the determination by the Executive Director of eligible projects; and (3) selection by the Board of Directors of projects that qualify to obtain such a loan or assistance. Section 25 of this bill requires a borrower whose project is qualified to receive a loan or other financial assistance to enter into a financing agreement with the Bank and, in case of a loan, to issue some kind of security to the Bank that evidences the borrower’s obligation to repay the loan.

      Section 26 of this bill authorizes the Bank to act as an insurer or reinsurer in connection with a loan or satisfaction of a related obligation made by the Bank. Section 27 of this bill authorizes the Bank to provide security for any revenue bonds issued by the Bank.

      Section 28 of this bill provides that any debt or obligation issued by the Bank is not a debt, liability or obligation of this State or of any political subdivision thereof, or a pledge of the faith and credit of this State or a political subdivision, other than the Bank itself.

      If a borrower who has received a loan from the Bank fails to make a payment of any money owed to the Bank, section 29 of this bill authorizes the Bank, under certain circumstances, to require other state agencies that are in possession of money of the State or other money that is allotted or appropriated to the borrower to withhold that money from that borrower and remit it to the Bank to use the money to make the necessary payment to the Bank.

      Section 30 of this bill provides a grant of immunity from civil liability to the Board of Directors of the Bank or the officers and employees of the Bank for certain official acts under certain circumstances. Section 31 of this bill exempts the Bank from certain procedural prerequisites that would otherwise be applicable to its actions. Section 32 of this bill exempts the property of the Bank and its income from taxation. Section 33 of this bill exempts the bonds and other securities issued by the Bank from most forms of taxation.

      Section 34 of this bill provides that any authority given to a governmental borrower to issue bonds by this bill is supplemental to, and not in lieu of, any existing authority to issue bonds.

      Section 35 of this bill also provides that the provisions of this bill are intended to supplement, not supplant, other existing laws concerning the development, construction, repair, improvement, maintenance, decommissioning, operation and ownership of transportation facilities and utility infrastructure and the issuance of bonds and other securities by this State and political subdivisions thereof. However, section 35 also provides that if there is a conflict between those laws and this bill, the provisions of this bill control. Section 35 also provides that a contract for construction on a qualified project funded in whole or in part by a loan or other financial assistance from the Bank is subject to the prevailing wage requirement.

      Section 36 of this bill requires the Bank to submit an annual report concerning its activities to the Governor and the Legislature. Section 36.5 of this bill authorizes the divisions of the Department of Transportation, to the extent that money is available for that purpose, to provide technical advice, support and assistance to the Bank.

      Existing law creates the Oversight Panel for Convention Facilities to perform certain functions related to the oversight of the renovation or expansion of the Las Vegas Convention Center. (Section 53 of chapter 2, Statutes of Nevada 2016, 30th Special Session, p. 54) Under existing law, the Las Vegas Convention and Visitors Authority is required to submit to the Oversight Panel an annual third-party audit of the use of certain revenues for the expansion or renovation of the Convention Center.

 


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Authority is required to submit to the Oversight Panel an annual third-party audit of the use of certain revenues for the expansion or renovation of the Convention Center. This audit must be submitted to the Oversight Panel on or before August 31 of each year. (Section 54 of chapter 2, Statutes of Nevada 2016, 30th Special Session, p. 55) Section 37.8 of this bill revises the due date for the audit so that the audit must be submitted to the Oversight Panel not later than 5 months after the end of the fiscal year for which the audit is performed.

      Existing law requires certain taxes on the rental of transient lodging and certain other revenue to be pledged for the payment of bonds issued to defray the cost of the renovation or expansion of the Las Vegas Convention Center. (Sections 56-58 of chapter 2, Statutes of Nevada 2016, 30th Special Session, pp. 56-57) Under existing law, if the proceeds of certain taxes on the rental of transient lodging which must be pledged to the payment of such bonds will generate sufficient revenue to meet or exceed a debt service coverage ratio of 1.5 times the anticipated annual debt service for the term of the bonds, the bonds must be issued in accordance with certain provisions of existing law. (Section 61 of chapter 2, Statutes of Nevada 2016, 30th Special Session, p. 58) Section 37.9 of this bill provides that the revenue pledged for the payment of such bonds include available proceeds from other taxes imposed on the rental of transient lodging that will be pledged to the payment of such bonds and certain other revenues that will be pledged for the payment of such bonds. (Section 56 of chapter 2, Statutes of Nevada 2016, 30th Special Session, p. 56)

 

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 408 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 36.5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 36.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 19, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Bank” means the Nevada State Infrastructure Bank.

      Sec. 4. “Board of Directors” means the Board of Directors of the Bank.

      Sec. 5. “Eligible costs” means, as applied to a qualified project to be financed from:

      1.  The federal highway account established by section 23 of this act, the costs that are allowed under applicable federal laws, requirements, procedures and guidelines in regard to establishing, operating and providing assistance from the Bank.

      2.  The state and local highway account established by section 23 of this act, costs including, without limitation, the cost of preliminary engineering, traffic and revenue studies, environmental studies, right-of-way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, facilities, sustainability certification and other costs necessary for the qualified project.

      3.  The federal utility infrastructure account established by section 23 of this act, costs including, without limitation, the cost of preliminary engineering, environmental studies, property right acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities and other nonoperating costs necessary for the qualified project.

 


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      4.  A federal or state and local nonhighway account established by section 23 of this act, costs including, without limitation, the cost of preliminary engineering, traffic and revenue studies, environmental studies, right-of-way acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities and other nonoperating costs necessary for the qualified project.

      5.  The state and local utility infrastructure account established by section 23 of this act, costs including, without limitation, the cost of preliminary engineering, environmental studies, property right acquisition, legal and financial services associated with the development of the qualified project, construction, construction management, equipment, facilities, sustainability certification and other nonoperating costs necessary for the qualified project.

      Sec. 6. “Eligible project” means the development, construction, repair, improvement, operation, maintenance, decommissioning or ownership of a transportation facility or utility infrastructure.

      Sec. 7. “Executive Director” means the Executive Director of the Bank.

      Sec. 8. “Federal accounts” means the federal highway account, federal nonhighway account and federal utility infrastructure account established pursuant to section 23 of this act.

      Sec. 9. 1.  “Financing agreement” means any agreement entered into between the Bank and a qualified borrower pertaining to a loan or other financial assistance for a qualified project, which may or may not include nonfinancial provisions relating to the qualified project, including, without limitation, terms and conditions relating to the regulation and supervision of the qualified project.

      2.  The term includes, without limitation:

      (a) A loan agreement;

      (b) A trust indenture;

      (c) A security agreement;

      (d) A reimbursement agreement;

      (e) A guarantee agreement;

      (f) A bond or note; and

      (g) An ordinance or a resolution or similar instrument.

      Sec. 10. “Governmental unit” means:

      1.  The State of Nevada, including, without limitation, any board, commission, agency, department, division or instrumentality thereof;

      2.  A political subdivision of the State of Nevada, including, without limitation, a county, city, town, school district, general or local improvement district or a combination of two or more of those entities acting jointly, including, without limitation, as a regional transportation commission as defined in NRS 482.1825; and

      3.  A utility.

      Sec. 11. “Loan” means any form of direct financial assistance that is provided by the Bank to a qualified borrower to defray all or part of the anticipated or actual costs of a qualified project and is required to be repaid by the borrower over a period of time.

      Sec. 12. “Loan obligation” means a bond, note or other evidence of a qualified borrower’s obligation to repay a loan given by the Bank.

 


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      Sec. 13. “Other financial assistance” means any use of money by the Bank for the benefit of a qualified borrower, including, without limitation, a grant, contribution, credit enhancement, capital or debt reserve for bonds or other debt instrument financing, an interest rate subsidy, letter of credit or other credit instrument, security for a bond or other debt financing instrument and other lawful forms of financing and methods of leveraging funds that are approved by the Board of Directors and, in the case of money made available to the State by the Federal Government, as allowed by applicable federal law.

      Sec. 14. “Project revenue” means any rate, rent, fee, assessment related specifically to the project, charge or other receipt derived or to be derived by a qualified borrower from a qualified project and, if so provided in the applicable financing agreement, derived from any system of which the qualified project is a part or from any other revenue producing facility under the ownership or control of the qualified borrower, including, without limitation, the proceeds of a grant, gift, appropriation or loan, including, without limitation, the proceeds of a loan made by the Bank, investment earnings, payments to a reserve for capital or current expenses, proceeds of insurance or condemnation and proceeds from the sale or other disposition of property.

      Sec. 15. “Qualified borrower” means a governmental unit, or an entity established by an agreement between a governmental unit and a private entity, that is authorized to develop, construct, repair, improve, maintain, decommission, operate or own a qualified project.

      Sec. 16. “Qualified project” means an eligible project that has been selected by the Bank to receive a loan or other financial assistance.

      Sec. 17. “State and local accounts” means the state and local highway account, state and local nonhighway account and state and local utility infrastructure account established by the Bank pursuant to section 23 of this act.

      Sec. 18. “Transportation facility” means any existing, enhanced, upgraded or new facility that is used or useful for the safe transport of people, information or goods via one or more modes of transport, including, without limitation, any of the following:

      1.  A road, railroad, bridge, tunnel, overpass, airport, mass transit, light or commuter rail, conduit, ferry, boat, vessel, parking facility, intermodal or multimodal system or any other mode of transport, including, without limitation, those utilizing autonomous technology, and any rights of way necessary for any eligible transportation facility.

      2.  Related or ancillary to, or used or useful to provide, operate, maintain or generate revenue for, a facility described in subsection 1, including, without limitation, administrative buildings and other buildings, structures, rest areas, maintenance yards, rail yards, ports of entry or storage facilities, vehicles, rolling stock, energy systems, control, communications and information systems, parking facilities and similar commercial facilities used for the support of or the transportation of persons, information or goods or other related equipment, items or property, including, without limitation, any other property that is needed to operate the facility.

      3.  All improvements, including equipment necessary to the full utilization of a transportation facility, including, without limitation, site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation and transportation facilities incidental to the project.

 


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belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive and air transportation and transportation facilities incidental to the project.

      Sec. 18.5. “Utility” has the meaning ascribed to it in NRS 408.407.

      Sec. 19. “Utility infrastructure” means any infrastructure which allows for the connection of the transmission or distribution system of a utility to a distribution facility installed by a master-planned industrial or business park in conformance with the tariffs of the utility and includes, without limitation, the engineering and construction of the infrastructure.

      Sec. 20. 1.  The Nevada State Infrastructure Bank is hereby created within the Department.

      2.  The purpose of the Bank is to provide loans and other financial assistance to various governmental units for the development, construction, repair, improvement, operation, maintenance, decommissioning and ownership of transportation facilities and utility infrastructure as necessary for public purposes, including, without limitation, economic development.

      3.  The Bank is administered by a Board of Directors consisting of:

      (a) The Director of the Department of Transportation or his or her designee;

      (b) The State Treasurer or his or her designee;

      (c) The Director of the Department of Business and Industry or his or her designee;

      (d) The Executive Director of the Office of Economic Development or his or her designee; and

      (e) Two representatives of the general public, at least one of whom must reside in a county whose population is 700,000 or more, appointed by the Governor.

      4.  Each member of the Board of Directors who is appointed pursuant to subsection 3 serves at the pleasure of the appointing authority.

      5.  A vacancy on the Board of Directors in an appointed position must be filled by the appointing authority in the same manner as the original appointment.

      6.  The Board of Directors shall elect annually from among its members a Chair and a Vice Chair.

      7.  Four members of the Board of Directors constitute a quorum for the transaction of business, and the affirmative vote of at least four members of the Board of Directors is required to take action.

      8.  The members of the Board of Directors are public officers and are subject to all applicable provisions of law, including, without limitation, the provisions of chapter 281A of NRS.

      9.  A meeting of the Board of Directors must be conducted in accordance with the provisions of chapter 241 of NRS.

      10.  To the extent that money is available from public or private sources for administrative costs:

      (a) Each member of the Board of Directors who is not otherwise an officer or employee of this State is entitled to receive $100 for each full day of attending a meeting of the Board of Directors.

      (b) Each member of the Board of Directors is entitled, while engaged in the business of the Board of Directors, to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses provided to a member of the Board of Directors who is an officer or employee of this State or a political subdivision of this State must be paid by the state agency or political subdivision that employs him or her.

 


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Board of Directors who is an officer or employee of this State or a political subdivision of this State must be paid by the state agency or political subdivision that employs him or her.

      11.  A member of the Board of Directors 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 he or she may prepare for and attend meetings of the Board of Directors and perform any work necessary to carry out the duties of the Board of Directors 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 Board of Directors to:

      (a) Make up the time the member is absent from work to carry out his or her duties as a member of the Board of Directors; or

      (b) Take annual leave or compensatory time for the absence.

      Sec. 21. 1.  The Board of Directors may:

      (a)Make, and from time to time amend and repeal, bylaws not inconsistent with sections 2 to 36.5, inclusive, of this act to carry into effect the powers and purposes of sections 2 to 36.5, inclusive, of this act.

      (b)Sue and be sued in the name of the Bank.

      (c)Have a seal and alter the same at the pleasure of the Board of Directors, but the failure to affix the seal does not affect the validity of an instrument executed on behalf of the Bank.

      (d)Make loans to qualified borrowers to finance all or part of the eligible costs of a qualified project.

      (e)Provide qualified borrowers with other financial assistance necessary to defray all or part of the eligible costs of a qualified project.

      (f)Acquire, hold and sell loan obligations at such prices and in such a manner as the Board of Directors deems advisable.

      (g)Enter into contracts, arrangements and agreements with qualified borrowers and other persons and execute and deliver all financing agreements and other instruments necessary or convenient to carry out the powers and duties of the Board of Directors.

      (h)Enter into agreements with a department, agency or instrumentality of the United States or governmental unit of this State or another state for the purpose of providing for the financing of qualified projects.

      (i)Establish:

             (1) Policies and procedures to govern the selection of qualified projects and the issuance and administration of loans and other financial assistance provided by the Bank; and

             (2) Fiscal controls and accounting procedures to ensure proper accounting and reporting by the Bank and qualified borrowers.

      (j)Acquire, by purchase, lease, donation or other lawful means, real or personal property and any interest therein.

      (k)Sell, convey, pledge, lease, exchange, transfer and dispose of all or any part of the property and assets of the Bank.

      (l)Procure insurance, guarantees, letters of credit and other forms of collateral or security or credit support for the payment of bonds or other securities issued by the Bank and the payment of premiums or fees on such insurance, guarantees, letters of credit and other forms of collateral or security or credit support.

 


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      (m)Collect or authorize the trustee under any trust indenture that secures any bonds or other securities issued by the Bank to collect amounts due from a qualified borrower under any loan obligation owned by the Bank, including, without limitation, taking any lawful action required to obtain payment of any sums in default.

      (n)Unless restricted by the terms of an agreement with the holders of bonds or other securities issued by the Bank, consent to any modification of the terms of any loan obligations owned by the Bank, including, without limitation, the rate of interest, period of repayment and payment of any installment of principal or interest.

      (o)Borrow money through the issuance of bonds and other securities as provided in sections 2 to 36.5, inclusive, of this act.

      (p)Incur expenses to obtain accounting, management, legal or financial consulting and other professional services necessary to the operations of the Bank.

      (q)To the extent that money is available from public or private sources of administrative costs, pay any costs incurred for the administration of the operations of the Bank.

      (r)Establish advisory committees, which may include persons from the private sector with civil engineering, banking and financial expertise.

      (s) Procure insurance against losses in connection with the Bank’s property, assets or activities, including, without limitation, insurance against liability for any act of the Bank or its employees or agents, or establish cash reserves to enable the Bank to act as a self-insurer against such losses.

      (t) Impose and collect fees and charges in connection with the activities of the Bank.

      (u) Apply for, receive and accept from any source aid grants or contributions of money, property, labor or other things of value to be used to carry out the statutory purposes and powers of the Bank.

      (v) Enter into contracts, arrangements or agreements for the servicing and processing of financial agreements.

      (w) Accept and hold, with payment of interest, money deposited with the Bank.

      (x) Request technical advice, support and assistance from the divisions of the Department.

      (y) Do all other things necessary or convenient to exercise any power granted or reasonably implied by sections 2 to 36.5, inclusive, of this act.

      2.  Except as otherwise provided in sections 2 to 36.5, inclusive, of this act, the Bank may exercise any fiscal power granted to the Bank in sections 2 to 36.5, inclusive, of this act, without the review or approval of any other department, division or agency of the State or any political subdivision thereof, except for the Board of Directors.

      3.  In exercising the powers and performing the functions set forth in sections 2 to 36.5, inclusive, of this act, the members of the Board of Directors:

      (a) Must act in a commercially reasonable manner and in the interests of this State. For the purposes of this paragraph, the interests of this State include, without limitation, the public welfare and economy of this State and the long-term and short-term interests of this State.

      (b) May, unless a member of the Board of Directors has knowledge concerning a matter in question that would cause reliance thereon to be unwarranted, rely on information, opinions, reports, books of account or statements, including, without limitation, financial statements and other financial data, that are prepared or presented by:

 


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statements, including, without limitation, financial statements and other financial data, that are prepared or presented by:

             (1) One or more members of the Board of Directors or officers or employees of the Bank reasonably believed to be reliable and competent in the matters prepared or presented;

             (2) Counsel, public accountants, financial advisers, valuation advisers, investment bankers, engineers, architects or other persons as to matters reasonably believed to be within the professional or expert competence of the preparer or presenter; or

             (3) A committee on which the director or officer relying thereon does not serve, as to matters within the designated authority of the committee and matters on which the committee is reasonably believed to merit confidence.

      4.  This section does not authorize the Bank to be or conduct business as a:

      (a) Bank or trust company within the jurisdiction of title 55 of NRS or under the control of an agency of United States or this State; or

      (b) Bank, banker or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange or securities dealers’ laws of the United States or of this State.

      5.  The Bank must, before accepting a deposit from any person or governmental unit, provide a notice to the depositor stating that the deposit is not insured by the Federal Deposit Insurance Corporation.

      6.  The provisions of titles 55, 56 and 57 of NRS do not apply to the Bank.

      Sec. 22. 1.  The Governor shall, to the extent that money is available from public or private sources for administrative costs, appoint an Executive Director of the Bank. The Executive Director is in the unclassified service of the State and serves at the pleasure of the Governor.

      2.  The Executive Director shall administer, manage and conduct the business and affairs of the Bank subject to the direction of the Board of Directors, any conditions that the Board of Directors may from time to time prescribe or as delegated by the Board of Directors. Except as otherwise provided in this subsection, the Executive Director may exercise any power, function or duty conferred by law on the Bank in connection with the administration, management and conduct of the business and affairs of the Bank, including, without limitation:

      (a) Hiring, to the extent that money is available from public or private sources for administrative costs, such employees in either the classified or unclassified service of the State as are necessary to carry out the statutory purposes and powers of the Bank.

      (b) Entering into contracts concerning investments, guarantees or credit enhancements.

      (c) Establishing procedures, guidelines, criteria, terms, conditions or other requirements of any contract, bond, loan, grant or program in order to carry out the intents and purposes of the Bank in authorizing the contract, bond, loan, grant or other program.

      (d) Declining to guarantee any risk or to enter into any contract.

      (e) Reinsuring any risk or any part of any risk, as provided in section 26 of this act.

      (f) Making rules for payments through the Bank and determining to whom and through whom the payments are to be made.

 


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      (g) Investing and reinvesting any money belonging to the Bank.

      (h) Entering into any contract or agreement, executing any instrument, conducting all business and affairs and performing any act necessary or convenient to carrying out the statutory purposes and powers of the Bank.

      (i) Executing any instrument or performing any act necessary or convenient to carry out his or her duties pursuant to sections 2 to 36.5, inclusive, of this act.

      3.  The Executive Director and any employees hired pursuant to this section must be paid by the Bank from money allocated to the Bank and appropriated or authorized by the Legislature or the Interim Finance Committee.

      Sec. 23. 1.  The Nevada State Infrastructure Bank Fund is hereby created as an enterprise fund. The Fund is a continuing fund without reversion.

      2.  The Fund is administered by the Board of Directors.

      3.  The Board of Directors may establish accounts and subaccounts within the Fund, but shall establish, without limitation:

      (a) A federal highway account;

      (b) A federal nonhighway account;

      (c) A state and local highway account;

      (d) A state and local nonhighway account;

      (e) A state and local utility infrastructure account; and

      (f) A federal utility infrastructure account.

      4.  Except as otherwise provided in subsection 7, all money received by the Bank pursuant to sections 2 to 36.5, inclusive, of this act must be deposited in the Fund.

      5.  The Bank may accept for deposit into the Fund:

      (a) Any money appropriated by the Legislature or authorized for allocation by the Interim Finance Committee;

      (b) Federal funds made available to the State;

      (c) Gifts, grants, donations and contributions from a governmental unit, private entity or any other source;

      (d) Any money paid or credited to the Bank, by contract or otherwise, including, without limitation:

             (1) Payment of principal and interest on a loan or other financial assistance provided to a qualified borrower by the Bank; and

             (2) Interest earned from the investment or reinvestment of the Bank’s money pursuant to section 26 of this act;

      (e) Proceeds from the issuance of bonds or other securities pursuant to section 21 of this act; and

      (f) Any other lawful source of money that is made available to the Bank and is not already dedicated for another purpose.

      6.  The Bank shall comply with all applicable federal laws governing the use of federal funds, including, without limitation, statutes and regulations governing:

      (a) Any conditions or limitations on expenditures;

      (b) Reporting; and

      (c) The commingling of federal funds.

      7.  Earnings on balances in the federal accounts must be credited and invested in accordance with federal law. Earnings on state and local accounts must be deposited in the Fund to the credit of the state and local highway account, state and local nonhighway account or state and local utility infrastructure account that generates the earnings.

 


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highway account, state and local nonhighway account or state and local utility infrastructure account that generates the earnings.

      8.  Money in the Fund may be used only:

      (a) For the capitalization of the Bank; and

      (b) To carry out the statutory purposes and powers of the Bank.

      9.  A local government may use money from any source that is made available to the local government for the purposes of developing, constructing, repairing, improving, operating, maintaining, decommissioning or owning a transportation facility or utility infrastructure or for any other purpose set forth in sections 2 to 36.5, inclusive, of this act, to make a gift, grant, donation or contribution to the Bank or to satisfy any obligation owed by the local government to the Bank, including, without limitation, payments of principal and interest.

      Sec. 24. 1.  A governmental unit, or an entity established by agreement between a governmental unit and a private entity, that wishes to obtain a loan or other financial assistance from the Bank to develop, construct, repair, improve, operate, maintain, decommission or own an eligible project must apply to the Bank in the manner prescribed by the Bank.

      2.  The Executive Director shall:

      (a) Review each application and determine whether the transportation facility or utility infrastructure described in the application is an eligible project; and

      (b) At the request of the Board of Directors, submit information to the Board of Directors concerning any eligible project.

      3.  The Board of Directors shall, from time to time, designate qualified projects from among the eligible projects. The Board of Directors may give preference to an eligible project that has demonstrated local financial support.

      4.  The Bank may provide a loan and other financial assistance to a qualified borrower to pay for all or part of the eligible costs of a qualified project. The term of the loan or other financial assistance may not exceed the anticipated useful life of the qualified project. A loan or other financial assistance may be provided in anticipation of reimbursement for or direct payment of all or part of the eligible costs of a qualified project.

      5.  The Bank shall determine the form and content of a loan application, financing agreement or loan obligation, including, without limitation:

      (a) The period for repayment and the rate or rates of interest on a loan; and

      (b) Any nonfinancial provisions included in a financing statement or loan obligation, including, without limitation, terms and conditions relating to the regulation and supervision of a qualified project.

Ê Such form and content must substantially conform with the documents typically used for such transactions.

      6.  The terms and conditions set forth in a financing agreement or loan obligation for a loan or other financial assistance provided by the Bank using money from a federal account must comply with all applicable federal requirements.

      Sec. 25. 1.  A qualified borrower that wishes to obtain a loan or other financial assistance from the Bank must enter into a financing agreement with the Bank and may be required to issue a loan obligation to the Bank.

 


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the Bank. Except as otherwise provided by specific statute, a qualified borrower entering into a financing agreement with the Bank or issuing a loan obligation to the Bank may perform any act, take any action, adopt any proceedings and make and carry out any contract or agreement with the Bank as may be agreed to by the Bank and the qualified borrower for carrying out the purposes contemplated by sections 2 to 36.5, inclusive, of this act.

      2.  A qualified borrower may, in addition to any authorization set forth in this section, use any authorization granted by any other statute that allows the qualified borrower to borrow money and issue obligations in obtaining a loan or other financial assistance from the Bank to the extent determined necessary or useful by the qualified borrower in connection with any financing agreement or the issuance, securing or sale of a loan obligation to the Bank.

      3.  A qualified borrower may:

      (a) Receive, apply, pledge, assign and grant security interests in its project revenues to secure its loan obligations as provided in sections 2 to 36.5, inclusive, of this act; and

      (b) Impose and collect fees, rates, rents, assessments and other charges of general or special application for the operation of a qualified project, the system of which the qualified project is a part and any other revenue producing facilities from which the qualified borrower derives project revenues to meet its loan obligations under a financing agreement or to otherwise provide for the development, construction, repair, improvement, operation, maintenance, decommissioning or ownership of a qualified project.

      Sec. 26. 1.  The Bank may provide insurance or reinsurance of loans or portions thereof, or their debt service, including, without limitation, amounts payable as premiums or penalties in the event of mandatory or optional prepayment, made to finance a qualified project, and to provide insurance or reinsurance or reserves, or portions thereof, or the yield therefrom, established to secure bonds or other securities issued to fund those loans or reserves.

      2.  The Bank may:

      (a) Arrange an agreement for insurance or reinsurance with a user, mortgagor, lending institution, insurer or any other entity authorized to arrange such agreements in this State; and

      (b) Enter into an agreement for insurance or reinsurance with any insurer authorized to reinsure or insure such risks in this State.

      3.  The Bank may fix a rate or rates of premium for insurance or reinsurance. The rates are not required to be uniform and may reflect any risk and classification of risk that the Bank determines to be reasonable.

      4.  The Bank may exercise any other power that is necessary or incidental to insurance, reinsurance and related matters.

      5.  The Bank shall make reasonable provisions for the security of loans made by the Bank, and any insurance, reinsurance and other financing arrangements negotiated by the Bank.

      6.  Any insurance or reinsurance provided by the Bank does not constitute a debt or pledge of the faith and credit of the State or any subdivision of the State.

 


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      Sec. 27. The Bank may provide security for any issue of revenue bonds by the Bank through any commonly accepted financial instrument, including, without limitation:

      1.  A deed of trust on the resources, facilities and revenues of one or more qualified projects financed by the Bank;

      2.  A credit enhancement, including, without limitation, a letter of credit, bond insurance or surety bond provided by a private financial institution; and

      3.  Insurance, reinsurance or a guarantee provided by the Bank itself.

      Sec. 28. 1.  Any obligation to a third person made by the Bank, including, without limitation, a bond or other security issued by the Bank pursuant to section 21 of this act and any insurance, reinsurance or reserve provided by the Bank pursuant to section 26 of this act:

      (a) Does not constitute a debt, liability or obligation of this State or any political subdivision thereof, or a pledge of the faith and credit of this State or any political subdivision thereof, but is payable solely from the revenues or assets of the Bank; and

      (b) Must contain on the face thereof a statement to the effect that the Bank is not obligated to pay the obligation or any interest thereon except from the revenues or assets, if any, pledged therefor and that neither the faith and credit nor the taxing power of this State or any political subdivision thereof is pledged to the payment of the principal of or the interest on the obligation.

      2.  Except as otherwise provided in subsection 3, this section does not prohibit the Bank from:

      (a) Pledging the full faith and credit of the Bank for the satisfaction of any obligation to a third person made by the Bank; or

      (b) Issuing a bond guarantee or credit enhancement for bonds issued by a qualified borrower.

      3.  Notwithstanding any provision in sections 2 to 36.5, inclusive, of this act to the contrary, the Bank shall not act as a surety or guarantor for a private utility or any other private company, association or corporation.

      Sec. 29. 1.  Except as otherwise provided in this section, if a qualified borrower that has obtained a loan or other financial assistance from the Bank fails to remit in full any amount due to the Bank on the date on which the amount is due under the terms of any note or other loan obligation given to the Bank by the qualified borrower, the Bank shall notify the appropriate state agencies or officers, including, without limitation, the State Controller, who shall withhold all or a portion of any state money or other money administered by the State and its agencies, boards and instrumentalities that is allotted or appropriated to the qualified borrower and apply an amount necessary to the payment of the amount due.

      2.  This section does not authorize the State or an agency, board or instrumentality thereof, or the State Controller, to withhold any money allocated or appropriated to a qualified borrower if to do so would violate the terms of:

      (a) An appropriation by the Legislature;

      (b) Any federal law;

      (c) A contract to which the State is a party;

      (d) A contract to which a governmental unit or qualified borrower is a party; or

 


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      (e) A judgment of a court that is binding upon the State.

      Sec. 30. The Board of Directors and any member thereof, and any officer, employee, agent or committee member of the Bank is not liable in a civil action for any act performed on behalf of the Bank in good faith and within the scope of their duties or the exercise of their authority pursuant to sections 2 to 36.5, inclusive, of this act.

      Sec. 31. Except as otherwise provided in sections 2 to 36.5, inclusive, of this act, and notwithstanding any other provision of law, the Bank is not required to provide any notice or publication or to conduct any hearing or other proceeding before performing any act authorized in sections 2 to 36.5, inclusive, of this act.

      Sec. 32. The Bank is an instrumentality of this State, and its property and income are exempt from all taxation by this State and any political subdivision thereof.

      Sec. 33. 1.  Except as otherwise provided in subsection 2, bonds and other securities issued by the Bank pursuant to the provisions of sections 2 to 36.5, inclusive, of this act, their transfer and the income therefrom must forever be and remain free and exempt from taxation by this State or any subdivision thereof.

      2.  The provisions of subsection 1 do not apply to the tax on estates imposed pursuant to the provisions of chapter 375A of NRS or the tax on generation-skipping transfers imposed pursuant to the provisions of chapter 375B of NRS.

      Sec. 34. Notwithstanding any provision in sections 2 to 36.5, inclusive, of this act to the contrary, sections 2 to 36.5, inclusive, of this act are supplemental to, and not in lieu of, the right of any qualified borrower to issue general obligation bonds or other bonds that the qualified borrower is otherwise lawfully authorized to issue.

      Sec. 35.  1.  To the extent possible, the provisions of sections 2 to 36.5, inclusive, of this act are intended to supplement other statutory provisions governing the development, construction, repair, improvement, maintenance, decommissioning, operation and ownership of transportation facilities and utility infrastructure and the issuance of bonds and other securities by this State or a political subdivision thereof, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of sections 2 to 36.5, inclusive, of this act. If there is a conflict between such other provisions and the provisions of sections 2 to 36.5, inclusive, of this act, the provisions of sections 2 to 36.5, inclusive, of this act control.

      2.  The provisions of NRS 338.013 to 338.090, inclusive, apply to any contract for construction work on a qualified project if all or part of the costs of the qualified project are paid for using a loan or other financial assistance from the Bank. The Bank, the qualified borrower, any contractor who is awarded a contract or enters into an agreement to perform construction work on the qualified project, and any subcontractor who performs any portion of the construction work shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if a public body had undertaken the qualified project or had awarded the contract.

      Sec. 36. The Board of Directors shall, not later than 90 days after the end of each fiscal year:

 


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      1.  Prepare a report on the operations of the Bank during that year.

      2.  Submit the report prepared pursuant to subsection 1 to:

      (a) The Governor; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to:

             (1) If the report is prepared in an even-numbered year, the next regular session of the Legislature; or

             (2) If the report is prepared in an odd-numbered year, the Legislative Commission.

      Sec. 36.5. Any division of the Department may, to the extent that money is available for that purpose, provide technical advice, support and assistance to the Bank.

      Sec. 36.6. NRS 408.111 is hereby amended to read as follows:

      408.111  1.  The Department consists of a Director, two Deputy Directors, a Chief Engineer and the following [divisions:] :

      (a) Administrative Division.

      (b) Operations Division.

      (c) Engineering Division.

      (d) Planning Division.

      (e) Nevada State Infrastructure Bank.

      2.  The head of a Division is an assistant director. Assistant directors are in the unclassified service of the State.

      Sec. 36.7. NRS 408.116 is hereby amended to read as follows:

      408.116  Except as otherwise provided in sections 2 to 36.5, inclusive, of this act:

      1.  All legal notices, writs, service and process issued or ordered by a court of competent jurisdiction wherein the Department is named as a defendant must be personally served upon both the Director and the Chair of the Board or, in the absence of the Director and the Chair of the Board, the process must be served personally upon both the Secretary of State and one of the Deputy Directors.

      2.  All legal actions brought and defended by the Department must be in the name of the State of Nevada on relation of its Department.

      3.  This section is not a consent on the part of the Department to be sued.

      Sec. 36.8. NRS 408.131 is hereby amended to read as follows:

      408.131  [The] Except as otherwise provided in sections 2 to 36.5, inclusive, of this act, the Board shall:

      1.  Consider, at its meetings, all questions relating to the general policy of the Department and transact such business as properly comes before it.

      2.  Receive and consider, at such time as the Board selects, an annual report by the Director.

      3.  Except as otherwise provided in NRS 408.203, act for the Department in all matters relating to recommendations, reports and such other matters as the Board finds advisable to submit to the Legislature.

      4.  Maintain a record of all proceedings of the Board.

      5.  Execute or approve all instruments and documents in the name of the State or the Department necessary to carry out the provisions of this chapter.

      6.  Except as otherwise provided in NRS 408.389, delegate to the Director such authority as it deems necessary under the provisions of this chapter.

      7.  Act by resolution, vote or order entered in its records.

 


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      Sec. 36.9. NRS 408.172 is hereby amended to read as follows:

      408.172  1.  Subject to the approval of the Board, the Attorney General shall, immediately upon request by the Board, appoint an attorney at law as the Chief Counsel of the Department, and such assistant attorneys as are necessary. Attorneys so appointed are deputy attorneys general.

      2.  [The] Except as otherwise provided in sections 2 to 36.5, inclusive, of this act, the Chief Counsel shall act as the attorney and legal adviser of the Department in all actions, proceedings, hearings and all matters relating to the Department and to the powers and duties of its officers.

      3.  Under the direction of or in the absence of the Chief Counsel, the assistant attorneys may perform any duty required or permitted by law to be performed by the Chief Counsel.

      4.  The Chief Counsel and assistant attorneys are in the unclassified service of the State.

      5.  [All] Except as otherwise provided in sections 2 to 36.5, inclusive, of this act, all contracts, instruments and documents executed by the Department must be first approved and endorsed as to legality and form by the Chief Counsel.

      Sec. 37. (Deleted by amendment.)

      Sec. 37.1. NRS 408.175 is hereby amended to read as follows:

      408.175  1.  The Director shall:

      (a) Appoint one Deputy Director who in the absence, inability or failure of the Director has full authority to perform any duty required or permitted by law to be performed by the Director.

      (b) Appoint one Deputy Director for southern Nevada whose principal office must be located in an urban area in southern Nevada.

      (c) Appoint one Deputy Director with full authority to perform any duty required or allowed by law to be performed by the Director to implement, manage, oversee and enforce any environmental program of the Department. The Deputy Director described in this paragraph shall coordinate the implementation of NRS 408.441 to 408.451, inclusive, with the State Department of Conservation and Natural Resources.

      (d) [Employ] Except as otherwise provided in section 22 of this act, employ such engineers, engineering and technical assistants, clerks and other personnel as in the Director’s judgment may be necessary to the proper conduct of the Department and to carry out the provisions of this chapter.

      2.  Except as otherwise provided in NRS 284.143, the Deputy Directors shall devote their entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

      3.  The Director may delegate such authority as may be necessary for the Deputy Director appointed pursuant to paragraph (b) of subsection 1 to carry out his or her duties.

      Sec. 37.2. NRS 408.205 is hereby amended to read as follows:

      408.205  1.  With the approval of the Board, the Director may execute all plans, specifications, contracts and instruments in the name of the State of Nevada necessary for the carrying out of the provisions of this chapter, except as otherwise provided in sections 2 to 36.5, inclusive, of this act and except those construction contracts as provided in NRS 408.327 and 408.347.

 


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      2.  The Director has such other power and authority as is necessary and proper under the provisions of this chapter, or as the Board delegates to the Director.

      3.  The Director shall provide for the purchase of United States Savings Bonds or similar United States obligations by salary or wage deductions for officers and employees of the Department who make written requests for such deduct