[Rev. 12/20/2019 4:49:20 PM]

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ê2019 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE

OF NEVADA

Passed at the

EIGHTIETH SESSION OF THE LEGISLATURE

2019

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Atkinson and Settelmeyer

 

CHAPTER 1

 

[Approved: February 13, 2019]

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 80th Legislative Session; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $15,000,000 for the costs of the 80th Legislative Session.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2019 Statutes of Nevada, Page 2ê

 

CHAPTER 2, SB 143

Senate Bill No. 143–Senators Atkinson, Cancela, Cannizzaro, Woodhouse, Parks; Brooks, Denis, Dondero Loop, Harris, Ohrenschall, Ratti, Scheible and Spearman

 

Joint Sponsors: Assemblymen Frierson, Yeager, Bilbray-Axelrod; Assefa, Backus, Cohen, Duran, Flores, Fumo, Gorelow, Jauregui, Martinez, McCurdy, Miller, Monroe-Moreno, Nguyen, Peters, Spiegel, Sprinkle, Swank, Thompson, Torres and Watts

 

CHAPTER 2

 

[Approved: February 15, 2019]

 

AN ACT relating to firearms; repealing, revising and reenacting provisions relating to background checks for certain sales or transfers of firearms; prohibiting a fee from being charged for certain background checks; requiring a licensed dealer of firearms to conduct a background check before a private party sale or transfer in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law concerning background checks for the sale or transfer of firearms is contained in The Background Check Act, which was proposed by an initiative petition and approved by the voters at the 2016 General Election. (NRS 202.2531-202.2543) Pursuant to the Nevada Constitution, as an initiative petition approved by the voters, The Background Check Act is not subject to legislative amendment or repeal until after November 22, 2019. (Nev. Const. Art. 19, § 2) To date, The Background Check Act has not been implemented because the Attorney General issued an opinion that a licensed firearms dealer cannot contact the National Instant Criminal Background Check System directly as the Act requires before the sale or transfer of a firearm that is being sold or transferred by a private party. (Att’y Gen. Op. 2016-12 (Dec. 28, 2016)) Therefore, section 9 of this bill repeals all of the provisions of The Background Check Act and reenacts the provisions without the requirement to make that direct contact. Section 10 of this bill makes the provisions effective January 2, 2020, which is after the date on which The Background Check Act may be amended or repealed.

      Section 2 of this bill establishes a short title in statute to allow the provisions to be cited as The Background Check Act. (See NRS 202.2531) Section 3 of this bill sets forth the findings and declarations regarding The Background Check Act. (See NRS 202.2533) Section 4 of this bill provides definitions for certain terms used in The Background Check Act. (See NRS 202.2535) Section 5 of this bill requires a licensed firearms dealer to conduct a background check on a person who wishes to buy or receive a firearm from an unlicensed person, but removes the requirement that the licensed dealer contact the National Instant Criminal Background Check System to perform the background check. Instead, section 5 requires a licensed dealer to contact the same agency the dealer would otherwise contact to conduct a background check if the dealer were selling or transferring the firearm from his or her own inventory. (See NRS 202.254)

      Section 6 of this bill provides certain exemptions from the requirement to conduct a background check when a private person is selling or transferring a firearm. (See NRS 202.2541) Section 7 of this bill sets forth the penalties for selling or transferring a firearm in violation of The Background Check Act. (See NRS 202.2543) Section 8 of this bill prohibits the Central Repository for Nevada Records of Criminal History from charging to perform a background check on a person who wishes to purchase or receive a firearm from an unlicensed person.

 


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ê2019 Statutes of Nevada, Page 3 (CHAPTER 2, SB 143)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 202 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  Sections 2 to 7, inclusive, of this act may be cited as The Background Check Act.

      Sec. 3. The Legislature representing the People of the State of Nevada hereby finds and declares that:

      1.  To promote public safety, federal law currently prohibits felons, domestic abusers, the severely mentally ill and other dangerous people from buying or possessing firearms;

      2.  Federally licensed firearms dealers are required to run background checks on their prospective buyers to ensure they are not prohibited from buying or possessing firearms;

      3.  Criminals and other dangerous people can avoid background checks by buying guns from unlicensed firearms sellers, whom they can easily meet online or at gun shows and who are not legally required to run background checks before selling or transferring firearms;

      4.  Due to this loophole, millions of guns exchange hands each year in the United States without a background check;

      5.  Most Nevadans live within 10 miles of a licensed gun dealer;

      6.  We have the right to bear arms, but with rights come responsibilities, including the responsibility to keep guns out of the hands of convicted felons and domestic abusers; and

      7.  To promote public safety and protect our communities, and to create a fair, level playing field for all gun sellers, the people of the State of Nevada approved The Background Check Initiative in the 2016 General Election with the intent to more effectively enforce current law prohibiting dangerous persons from purchasing and possessing firearms by requiring background checks on all firearms sales and transfers, with reasonable exceptions, including for immediate family members, hunting and self-defense.

      Sec. 4. As used in sections 2 to 7, inclusive, of this act unless the context otherwise requires:

      1.  “Central Repository” has the meaning ascribed to it in NRS 179A.045.

      2.  “Hunting” has the meaning ascribed to it in NRS 501.050.

      3.  “Licensed dealer” means a person who holds a license as a dealer in firearms issued pursuant to 18 U.S.C. § 923(a).

      4.  “Transferee” means an unlicensed person who wishes or intends to receive a firearm from another unlicensed person.

      5.  “Transferor” means an unlicensed person who wishes or intends to transfer a firearm to another unlicensed person.

      6.  “Trapping” has the meaning ascribed to it in NRS 501.090.

      7.  “Unlicensed person” means a person who does not hold a license as a dealer, importer or manufacturer in firearms issued pursuant to 18 U.S.C. § 923(a).

 


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      Sec. 5. 1.  Except as otherwise provided in section 6 of this act, an unlicensed person shall not sell or transfer a firearm to another unlicensed person unless a licensed dealer first conducts a background check on the buyer or transferee in compliance with this section.

      2.  The seller or transferor and buyer or transferee shall appear jointly with the firearm and request that a licensed dealer conduct a background check on the buyer or transferee.

      3.  A licensed dealer who agrees to conduct a background check pursuant to this section shall comply with all requirements of federal and state law as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee, including, but not limited to, all recordkeeping requirements. For the purpose of determining whether the buyer or transferee is eligible to purchase and possess firearms under state and federal law, the licensed dealer shall contact the same agency as though the licensed dealer were selling or transferring the firearm from his or her own inventory to the buyer or transferee.

      4.  Upon receiving a request for a background check from a licensed dealer pursuant to this section, the Central Repository or any other state or local agency described in subsection 3 shall, in the same manner as it would for the sale of a firearm from the licensed dealer’s inventory, perform a background check on the buyer or transferee and notify the licensed dealer of the results of the background check.

      5.  The seller or transferor may remove the firearm from the business premises while the background check is being conducted if, before the seller or transferor sells or transfers the firearm to the buyer or transferee, the seller or transferor and the buyer or transferee return to the licensed dealer who takes possession of the firearm to complete the sale or transfer.

      6.  A licensed dealer who agrees to conduct a background check pursuant to this section shall inform the seller or transferor and the buyer or transferee of the response from the agency described in subsection 3. If the response indicates that the buyer or transferee is ineligible to purchase or possess the firearm, the licensed dealer shall return the firearm to the seller or transferor and the seller or transferor shall not sell or transfer the firearm to the buyer or transferee.

      7.  A licensed dealer may charge a reasonable fee for conducting a background check and facilitating a firearm transfer between unlicensed persons pursuant to this section.

      Sec. 6. The provisions of section 5 of this act do not apply to:

      1.  The sale or transfer of a firearm by or to any law enforcement agency and, to the extent he or she is acting within the course and scope of his or her employment and official duties, any peace officer, security guard entitled to carry a firearm under NAC 648.345, member of the armed forces or federal official.

      2.  The sale or transfer of an antique firearm, as defined in 18 U.S.C. § 921 (a)(16).

      3.  The sale or transfer of a firearm between immediate family members, which for the purposes of this section means spouses and domestic partners and any of the following relations, whether by whole or half blood, adoption, or step-relation: parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces and nephews.

 


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      4.  The transfer of a firearm to an executor, administrator, trustee or personal representative of an estate or a trust that occurs by operation of law upon the death of the former owner of the firearm.

      5.  A temporary transfer of a firearm to a person who is not prohibited from buying or possessing firearms under state or federal law if such transfer:

      (a) Is necessary to prevent imminent death or great bodily harm; and

      (b) Lasts only as long as immediately necessary to prevent such imminent death or great bodily harm.

      6.  A temporary transfer of a firearm if:

      (a) The transferor has no reason to believe that the transferee is prohibited from buying or possessing firearms under state or federal law;

      (b) The transferor has no reason to believe that the transferee will use or intends to use the firearm in the commission of a crime; and

      (c) Such transfer occurs and the transferee’s possession of the firearm following the transfer is exclusively:

             (1) At an established shooting range authorized by the governing body of the jurisdiction in which such range is located;

             (2) At a lawful organized competition involving the use of a firearm;

             (3) While participating in or practicing for a performance by an organized group that uses firearms as a part of the public performance;

             (4) While hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting or trapping; or

             (5) While in the presence of the transferor.

      Sec. 7. An unlicensed person who sells or voluntarily transfers one or more firearms to another unlicensed person in violation of section 5 of this act:

      1.  For a first offense involving the sale or transfer of one or more firearms, is guilty of a gross misdemeanor; and

      2.  For a second or subsequent offense involving the sale or transfer of one or more firearms, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      Sec. 8. NRS 179A.140 is hereby amended to read as follows:

      179A.140  1.  Except as otherwise provided in this section, an agency of criminal justice may charge a reasonable fee for information relating to records of criminal history provided to any person or governmental entity.

      2.  An agency of criminal justice shall not charge a fee for providing such information to another agency of criminal justice if the information is provided for purposes of the administration of criminal justice, or for providing such information to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      3.  The Central Repository shall not charge such a fee:

      (a) For information relating to a person regarding whom the Central Repository provided a similar report within the immediately preceding 90 days in conjunction with the application by that person for professional licensure; [or]

      (b) For information provided to any organization that meets the criteria established by regulation pursuant to paragraph (b) of subsection 5 of NRS 179A.310 [.] ; or

 


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      (c) For information provided to a person who is required to conduct a background check pursuant to section 5 of this act.

      4.  The Director may request an allocation from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 to cover the costs incurred by the Department to carry out the provisions of paragraph (b) of subsection 3.

      5.  All money received or collected by the Department pursuant to this section must be used to defray the cost of operating the Central Repository.

      Sec. 9. NRS 202.2531, 202.2533, 202.2535, 202.254, 202.2541 and 202.2543 are hereby repealed.

      Sec. 10.  This act becomes effective on January 2, 2020.

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CHAPTER 3, SB 358

Senate Bill No. 358–Senators Brooks, Cannizzaro, Denis, Spearman, Woodhouse; Ohrenschall, Parks, Scheible and Washington

 

CHAPTER 3

 

[Approved: April 22, 2019]

 

AN ACT relating to renewable energy; declaring the policy of this State concerning renewable energy; revising provisions governing certain reports relating to the portfolio standard; revising provisions relating to the price charged by certain electric utilities for electricity generated by certain renewable energy facilities; revising provisions relating to the acquisition or construction of renewable energy facilities by certain electric utilities; revising the types of renewable energy that may be used to comply with the portfolio standard; revising the portfolio standard for providers of electric service in this State; revising the applicability of the portfolio standard; revising the authority of the Public Utilities Commission of Nevada to impose administrative fines or take administrative action; requiring the Public Utilities Commission of Nevada to revise any existing portfolio standard applicable to a provider of new electric resources to comply with the portfolio standard established by this act; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 8 of this bill sets forth findings and declarations of the Legislature that it is the policy of this State to: (1) encourage and accelerate the development of new renewable energy projects for the economic, health and environmental benefits provided to the people of this State; (2) become a leading producer and consumer of clean and renewable energy, with a goal of achieving by 2050 an amount of energy production from zero carbon dioxide emission resources that is equal to the total amount of electricity sold by providers of electric service in this State; and (3) ensure that the benefits of the increased use of portfolio energy systems and energy efficiency measures are received by the residents of this State.

      Section 7 of this bill authorizes certain electric utilities to acquire, without additional approval of the Public Utilities Commission of Nevada, an existing renewable energy facility or a renewable energy facility that is being developed if: (1) the Commission had previously accepted an integrated resource plan or amendment to such a plan that provided for the purchase of the electricity generated by the facility pursuant to an agreement between the electric utility and the facility; (2) the electric utility notifies the Commission that the facility will not be included in its rate base and the expenses associated with the facility will not be included in its revenue requirement and, instead, the utility will charge a just and reasonable price for the electricity generated by the facility which is based on a competitive

 


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facility pursuant to an agreement between the electric utility and the facility; (2) the electric utility notifies the Commission that the facility will not be included in its rate base and the expenses associated with the facility will not be included in its revenue requirement and, instead, the utility will charge a just and reasonable price for the electricity generated by the facility which is based on a competitive market price established by the Commission; (3) the electric utility notifies the Commission that it will use the mechanism established by regulations adopted pursuant to section 6 of this bill to charge that just and reasonable price to its customers; (4) the electric utility notifies the Commission that it agrees to be bound by the terms and conditions of the agreement for the purchase of the electricity generated by the facility that was previously approved by the Commission; and (5) the utility acknowledges that, following the conclusion of the term of the agreement, the utility may not include the facility in its rate base and the expenses associated with the facility may not be included in its revenue requirement. Section 5 of this bill defines “renewable energy facility.”

      Section 6 of this bill authorizes certain electric utilities to request approval from the Commission to exclude a renewable energy facility owned by the utility from its rate base and the expenses associated with the facility from its revenue requirement and, instead, charge a just and reasonable price established by the Commission for the electricity generated by the facility. Under section 6, the just and reasonable price must be established by reference to a competitive market price for electricity and without reference to rate of return or cost of service principles. Section 6 further requires the Commission to adopt regulations to establish a mechanism by which certain electric utilities may charge the just and reasonable price established for the electricity generated by a renewal energy facility to its customers. Sections 11.3, 13 and 14 of this bill make conforming changes.

      Existing law requires the Public Utilities Commission of Nevada to establish a portfolio standard which requires each provider of electric service in this State to generate, acquire or save electricity from renewable energy systems or efficiency measures in a certain percentage of the total amount of electricity sold by the provider to its retail customers in this State during a calendar year. (NRS 704.7821) Section 22 of this bill revises the portfolio standard for calendar year 2021 and each calendar year thereafter so that by calendar year 2030 and for each calendar year thereafter, each provider of electric service will be required to generate, acquire or save electricity from renewable energy systems or efficiency measures not less than 50 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year. Section 22 also: (1) eliminates the requirement that a minimum percentage of the amount of electricity that the provider is required to generate, acquire or save be generated or acquired from solar renewable energy systems; (2) revises, for the purposes of compliance with the portfolio standard, the provisions governing the calculation of the total amount of electricity sold by a provider to its retail customers in this State; and (3) authorizes the Commission to exempt a provider from some or all of the requirements of its portfolio standard for a calendar year if the provider is unable to obtain a sufficient supply of electricity to comply with the standard due to a delay in the completion of a renewable energy system or the underperformance of an existing renewable energy system under the control of a person or entity other than the provider.

      Section 19 of this bill provides that a portfolio energy system or energy efficiency measure includes a renewable energy system placed into operation before July 1, 1997, that uses waterpower to generate electricity if the waterpower is acquired by a provider from another party who is not a provider of electricity pursuant to a contract for a term of not less than 10 years and the provider began acquiring the waterpower before the effective date of this act.

      Section 20 of this bill expands the definition of “provider of electric service” for the purposes of compliance with the portfolio standard. Sections 10 and 24 of this bill provide that certain providers of electric service are not subject to the jurisdiction of the Commission and are not required to provide certain reports to the Commission. Section 24 also provides that certain providers are not required to provide certain reports to the Commission during any year in which the total amount of electricity sold by the provider to its retail customers during that calendar year is less than 1,000,000 megawatt-hours.

 


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reports to the Commission during any year in which the total amount of electricity sold by the provider to its retail customers during that calendar year is less than 1,000,000 megawatt-hours. Section 9 of this bill requires certain providers of electric service to provide reports to the Director of the Office of Energy. Section 22 requires certain providers to submit to the Commission a report during any year in which the total amount of electricity sold by the provider to its retail customers during that calendar year is less than 1,000,000 megawatt-hours.

      Section 21 of this bill expands the definition of “renewable energy” with respect to the kinds of waterpower that are considered renewable energy. Sections 1-3, 11, 12, 15, 17 and 25-27 of this bill make conforming changes so that the amendments to existing law set forth in section 21 do not affect other provisions of existing law governing renewable energy.

      Sections 22 and 23 of this bill provide that the revised portfolio standard established by section 22 is applicable to providers of new electric resources, and also eliminates a limitation on the authority for a provider of new electric resources to use energy efficiency measures to comply with the portfolio standard. Section 28 of this bill requires the Commission to revise certain portfolio standards established for a provider of new electric resources to comply with the revised portfolio standard established by section 22.

      Existing law provides that certain cooperatives, nonprofit corporations and associations supplying utility services in this State solely to their own members are subject to the jurisdiction of the Commission only for certain limited purposes. (NRS 704.675) Section 11.7 of this bill provides that such cooperatives, nonprofit corporations and associations are subject to the jurisdiction of the Commission for the purpose of complying with the renewable portfolio standard. Section 21.5 of this bill makes conforming changes.

      Existing law authorizes the Commission to impose an administrative fine or take administrative action against a provider that does not comply with its portfolio standard and has not been excused from such compliance. (NRS 704.7828) Section 24.5 of this bill provides that the Commission may only impose an administrative fine or take administrative action against a provider that does not comply with its portfolio standard during any calendar year after 2018 and before 2030 if the provider also did not comply with its portfolio standard for the immediately preceding 2 calendar years.

 

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 701.055 is hereby amended to read as follows:

      701.055  “Energy development project” means a project for the generation, transmission and development of energy located on public or private land. The term includes, without limitation:

      1.  A utility facility, as defined in NRS 704.860, constructed on private land; and

      2.  Electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS [704.7811,] 704.7715, as their primary source of energy to generate electricity.

      Sec. 2. NRS 701.380 is hereby amended to read as follows:

      701.380  1.  The Director shall:

      (a) Coordinate the activities and programs of the Office of Energy with the activities and programs of the Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

 


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programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

      (b) Spend the money in the Trust Account for Renewable Energy and Energy Conservation to:

             (1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

             (4) Conduct feasibility studies, including, without limitation, any feasibility studies concerning the establishment or expansion of any grants, incentives, rebates or other programs to enable or assist persons to reduce the cost of purchasing distributed generation systems and on-site generation systems and net metering systems that use renewable energy.

      (c) Take any other actions that the Director deems necessary to carry out the duties of the Office of Energy, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the Director in carrying out the duties of the Office.

      2.  The Director shall prepare an annual report concerning the activities and programs of the Office of Energy and submit the report to the Legislative Commission and the Governor on or before January 30 of each year. The annual report must include, without limitation:

      (a) A description of the objectives of each activity and program;

      (b) An analysis of the effectiveness and efficiency of each activity and program in meeting the objectives of the activity or program;

      (c) The amount of money distributed for each activity and program from the Trust Account for Renewable Energy and Energy Conservation and a detailed description of the use of that money for each activity and program;

      (d) An analysis of the coordination between the Office of Energy and other officers and agencies; and

      (e) Any changes planned for each activity and program.

      3.  As used in this section:

      (a) “Distributed generation system” means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed:

             (1) That uses renewable energy as defined in NRS [704.7811] 704.7715 to generate electricity;

             (2) That is located on the property of a customer of an electric utility;

             (3) That is connected on the customer’s side of the electricity meter;

             (4) That provides electricity primarily to offset customer load on that property; and

             (5) The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to 704.777, inclusive.

      (b) “Electric utility” has the meaning ascribed to it in NRS 704.7571.

 


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      Sec. 3. NRS 701B.790 is hereby amended to read as follows:

      701B.790  “Waterpower” has the meaning ascribed to it in subsection 3 of NRS [704.7811.] 704.7715.

      Sec. 4. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 10, inclusive, of this act.

      Sec. 5. “Renewable energy facility” has the meaning ascribed to it in NRS 704.7315.

      Sec. 6. 1.  A utility or two or more utilities under common ownership may, in a plan filed pursuant to NRS 704.741 or an amendment to such a plan, request that the Commission establish a just and reasonable price for the energy produced by a renewable energy facility owned by such utility or utilities by means of reference to a competitive market rate. A request pursuant to this subsection must include a request that the Commission exclude any capital investment associated with the renewable energy facility from the rate base of the utility or utilities and expenses associated with such facility from the revenue requirement of the utility or utilities.

      2.  If a utility or utilities make a request pursuant to subsection 1, the Commission may grant the request. If the Commission grants the request, any capital investment made by the utility or utilities in such a renewable energy facility must be excluded from the rate base of the utility or utilities and all expenses associated with the facility must be excluded from the revenue requirement of the utility or utilities. The just and reasonable price for the electricity generated by the renewable energy facility must be established by reference to a competitive market price for the electricity, without regard or reference to the principles of cost of service or rate of return price setting. The Commission may determine a competitive market price based on the results of a reasonably contemporaneous competitive request for proposals for a substantially similar product with substantially similar terms and conditions, including duration of the proposal.

      3.  In an order approving or modifying a plan filed by a utility or utilities pursuant to NRS 704.741 or an amendment to such a plan that includes a provision for the acquisition of a renewable energy facility, the Commission may establish reasonable performance terms and conditions for the generation and sale of the electricity.

      4.  The Commission shall establish by regulation a mechanism by which a utility that is authorized to charge its customers a just and reasonable price established by the Commission for the electricity generated by a renewable energy facility may account for the electricity generated by the renewable energy facility and charge the just and reasonable price for that electricity to its customers through the mechanism set forth in NRS 704.187. The regulations adopted pursuant to this subsection also must ensure that no costs shall be borne by customers of the utility other than those costs approved by the Commission to be reflected in the mechanism set forth in NRS 704.187 for the term specified in the Commission’s order. At the conclusion of the term, the Commission shall not allow the utility to include the remaining capital investment, if any, associated with such a facility in the utility’s rate base or to include any expenses associated with the facility in the utility’s revenue requirement. The Commission may establish regulations for the utility to make a proposal regarding recovery of a just and reasonable price for energy produced by the facility beyond the initial term approved by the Commission by filing a plan pursuant to NRS 704.741 or an amendment to such a plan.

 


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Commission by filing a plan pursuant to NRS 704.741 or an amendment to such a plan. Any such proposal must be reviewed and approved by the Commission before any other costs associated with the facility are charged to customers through the mechanism set forth in NRS 704.187.

      5.  As part of any order issued by the Commission approving or modifying a plan filed by a utility or utilities pursuant to NRS 704.741 or an amendment to such plan that includes a provision for the acquisition of a renewable energy facility pursuant to subsection 2, the Commission shall make all findings necessary to support the conclusion that the facility is not public utility property as defined in section 168(i) of the Internal Revenue Code, 26 U.S.C. § 168(i).

      Sec. 7. A utility may, without any additional approval of the Commission, acquire an existing renewable energy facility or a renewable energy facility that is being developed if:

      1.  The Commission has accepted a provision of a plan or an amendment to a plan pursuant to NRS 704.751 that provides for the purchase of the electricity generated by the renewable energy facility pursuant to an agreement for the purchase of that electricity.

      2.  The utility provides a notice to the Commission which states:

      (a) That the utility will not include the renewable energy facility in its rate base or expenses associated with the facility in its revenue requirement and, instead, will use the mechanism established by the regulations adopted by the Commission pursuant to subsection 4 of section 6 of this act to account for the electricity generated by the renewable energy facility and charge a just and reasonable price for that electricity to its customers through the deferred accounting mechanism set forth in NRS 704.187;

      (b) The contract price originally approved by the Commission will be the just and reasonable price that the utility will charge its customers for electricity generated by the renewable energy facility pursuant to the accounting mechanism set forth in NRS 704.187;

      (c) The utility agrees to be bound by all of the terms and conditions of the agreement for the purchase of the electricity that was accepted by the Commission pursuant to NRS 704.751 and acknowledges that, following the conclusion of the term of the agreement, the utility may not include:

             (1) Any capital investment associated with the renewable energy facility in the utility’s rate base; or

             (2) Any expense associated with the renewable energy facility in the utility’s revenue requirement; and

      (d) That the utility acknowledges that, at the conclusion of the existing term of the agreement, the utility may not include a just and reasonable charge for the price of the electricity produced by the renewable energy facility in the deferred accounting mechanism set forth in NRS 704.187 unless the Commission approves a just and reasonable charge by reference to a competitive market price through a plan filed pursuant to NRS 704.741, or an amendment to such plan, filed by the utility pursuant to the regulations adopted by the Commission pursuant to subsection 4 of section 6 of this act.

      Sec. 8. The Legislature finds and declares that it is the policy of this State to:

      1.  Encourage and accelerate the development of new renewable energy projects for the economic, health and environmental benefits provided to the people of this State;

 


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      2.  Become a leading producer and consumer of clean and renewable energy, with a goal of achieving by 2050 an amount of energy production from zero carbon dioxide emission resources equal to the total amount of electricity sold by providers of electric service in this State; and

      3.  Ensure that the benefits of the increased use of portfolio energy systems and energy efficiency measures are received by the residents of this State. Such benefits include, without limitation, improved air quality, reduced water use, a more diverse portfolio of resources for generating electricity, reduced fossil fuel consumption and more stable rates for retail customers of electric service.

      Sec. 9. A provider of electric service that is subject to NRS 704.787 shall, on or before July 1 of each year, submit to the Director of the Office of Energy appointed pursuant to NRS 701.150 a report that contains the information described in subsection 4 of NRS 704.7825.

      Sec. 10. Notwithstanding any provision of law to the contrary, a provider of electric service that is subject to NRS 704.787 is not subject to the jurisdiction of the Commission.

      Sec. 11. NRS 704.021 is hereby amended to read as follows:

      704.021  “Public utility” or “utility” does not include:

      1.  Persons engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission of natural gas other than as a common carrier transmission or distribution line or system.

      2.  Persons engaged in the business of furnishing, for compensation, water or services for the disposal of sewage, or both, to persons within this State if:

      (a) They serve 25 persons or less; and

      (b) Their gross sales for water or services for the disposal of sewage, or both, amounted to $25,000 or less during the immediately preceding 12 months.

      3.  Persons not otherwise engaged in the business of furnishing, producing or selling water or services for the disposal of sewage, or both, but who sell or furnish water or services for the disposal of sewage, or both, as an accommodation in an area where water or services for the disposal of sewage, or both, are not available from a public utility, cooperative corporations and associations or political subdivisions engaged in the business of furnishing water or services for the disposal of sewage, or both, for compensation, to persons within the political subdivision.

      4.  Persons who are engaged in the production and sale of energy, including electricity, to public utilities, cities, counties or other entities which are reselling the energy to the public.

      5.  Persons who are subject to the provisions of NRS 590.465 to 590.645, inclusive.

      6.  Persons who are engaged in the sale or use of special fuel as defined in NRS 366.060.

      7.  Persons who provide water from water storage, transmission and treatment facilities if those facilities are for the storage, transmission or treatment of water from mining operations.

      8.  Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of

 


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providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.

      9.  Persons who own or operate a net metering system described in paragraph (c) of subsection 1 of NRS 704.771.

      10.  Persons who for compensation own or operate individual systems which use renewable energy to generate electricity and sell the electricity generated from those systems to not more than one customer of the public utility per individual system if each individual system is:

      (a) Located on the premises of another person;

      (b) Used to produce not more than 150 percent of that other person’s requirements for electricity on an annual basis for the premises on which the individual system is located; and

      (c) Not part of a larger system that aggregates electricity generated from renewable energy for resale or use on premises other than the premises on which the individual system is located.

Ê As used in this subsection, “renewable energy” has the meaning ascribed to it in NRS [704.7811.] 704.7715.

      11.  Persons who own, control, operate or manage a facility that supplies electricity only for use to charge electric vehicles.

      Sec. 11.3. NRS 704.187 is hereby amended to read as follows:

      704.187  1.  An electric utility that [purchases] :

      (a) Purchases fuel or power shall use deferred accounting by recording upon its books and records in deferred accounts all increases and decreases in costs for purchased fuel and purchased power that are prudently incurred by the electric utility.

      (b) Pursuant to section 6 of this act is approved by the Commission to charge a just and reasonable price for the electricity generated by a renewable energy facility shall use deferred accounting in accordance with the regulations adopted by that section.

      2.  An electric utility using deferred accounting :

      (a) Pursuant to paragraph (a) of subsection 1 shall include in its annual report to the Commission a statement showing, for the period of recovery, the allocated rate of return for each of its operating departments in this State using deferred accounting.

      (b) Pursuant to paragraph (b) of subsection 1 shall include in its annual report to the Commission any information that is required to be included in the annual report by the regulations adopted pursuant to section 6 of this act.

      3.  Except as otherwise provided in this section, an electric utility using deferred accounting shall file an annual deferred energy accounting adjustment application on or before March 1, 2008, and on or before March 1 of each year thereafter.

      4.  An electric utility that purchases fuel or power and has received approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 10 of NRS 704.110 is not eligible to request an adjustment to its deferred energy accounting adjustment in its annual deferred energy accounting adjustment application.

      5.  An electric utility that, pursuant to section 6 of this act, is approved by the Commission to charge a just and reasonable price for the electricity generated by a renewable energy facility shall file deferred energy accounting adjustments in accordance with the regulations adopted pursuant to section 6 of this act.

 


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energy accounting adjustments in accordance with the regulations adopted pursuant to section 6 of this act.

      6.  As used in this section:

      (a) “Annual deferred energy accounting adjustment application” means an application filed by an electric utility pursuant to this section and subsection 11 of NRS 704.110.

      (b) “Costs for purchased fuel and purchased power” means all costs which are prudently incurred by an electric utility and which are required to purchase fuel, to purchase capacity and to purchase energy. The term does not include any costs that the Commission determines are not recoverable pursuant to subsection 11 of NRS 704.110.

      (c) “Electric utility” means any public utility or successor in interest that:

             (1) Is in the business of providing electric service to customers;

             (2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and

             (3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this State.

Ê The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

      (d) “Renewable energy facility” has the meaning ascribed to it in NRS 704.7315.

      Sec. 11.7. NRS 704.675 is hereby amended to read as follows:

      704.675  Every cooperative association or nonprofit corporation or association and every other supplier of services described in this chapter supplying those services for the use of its own members only is hereby declared to be affected with a public interest, to be a public utility, and to be subject to the jurisdiction, control and regulation of the Commission for the purposes of NRS 703.191, 704.330 , [and] 704.350 to 704.410, inclusive, and 704.7821, but not to any other jurisdiction, control and regulation of the Commission or to the provisions of any section not specifically mentioned in this section.

      Sec. 12. NRS 704.7315 is hereby amended to read as follows:

      704.7315  “Renewable energy facility” means an electric generating facility that uses renewable energy to produce electricity. As used in this section, “renewable energy” has the meaning ascribed to it in NRS [704.7811.] 704.7715.

      Sec. 13. NRS 704.736 is hereby amended to read as follows:

      704.736  The application of NRS 704.736 to 704.754, inclusive, and sections 5, 6 and 7 of this act is limited to any public utility in the business of supplying electricity which has an annual operating revenue in this state of $2,500,000 or more.

      Sec. 14. NRS 704.7362 is hereby amended to read as follows:

      704.7362  As used in NRS 704.736 to 704.754, inclusive, and sections 5, 6 and 7 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7364 and 704.7366 and section 5 of this act have the meanings ascribed to them in those sections.

 


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      Sec. 15. NRS 704.738 is hereby amended to read as follows:

      704.738  1.  A utility which supplies electricity in this state may apply to the Commission for authority to charge, as part of a program of optional pricing, a higher rate for electricity that is generated from renewable energy.

      2.  The program may provide the customers of the utility with the option of paying a higher rate for electricity to support the increased use by the utility of renewable energy in the generation of electricity.

      3.  As used in this section, “renewable energy” has the meaning ascribed to it in NRS [704.7811.] 704.7715.

      Sec. 16. (Deleted by amendment.)

      Sec. 17. NRS 704.7715 is hereby amended to read as follows:

      704.7715  1.  “Renewable energy” [has the meaning ascribed to it in NRS 704.7811.] means:

      (a) Biomass;

      (b) Geothermal energy;

      (c) Solar energy;

      (d) Waterpower; and

      (e) Wind.

      2.  The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

      3.  As used in this section, “waterpower” means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity if the generating capacity of the plant, facility, equipment or system is not more than 30 megawatts. Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts. The term does not include power:

      (a) Derived from water stored in a reservoir by a dam or similar device, unless:

             (1) The water is used exclusively for irrigation;

             (2) The dam or similar device was in existence on January 1, 2003; and

             (3) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts;

      (b) That requires a new or increased appropriation or diversion of water for its creation; or

      (c) That requires the use of any fossil fuel for its creation, unless:

             (1) The primary purpose of the use of the fossil fuel is not the creation of the power; and

             (2) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts.

      Sec. 18. NRS 704.7801 is hereby amended to read as follows:

      704.7801  As used in NRS 704.7801 to 704.7828, inclusive, and sections 8, 9 and 10 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7802 to 704.7819, inclusive, have the meanings ascribed to them in those sections.

 


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      Sec. 19. NRS 704.7804 is hereby amended to read as follows:

      704.7804  “Portfolio energy system or efficiency measure” means:

      1.  Any renewable energy system:

      (a) Placed into operation before July 1, 1997, if a provider of electric service used electricity generated or acquired from the renewable energy system to satisfy its portfolio standard before July 1, 2009; [or]

      (b) Placed into operation before July 1, 1997, that uses waterpower from a plant, facility, equipment or system to generate electricity, if the waterpower is acquired by the provider of electric service from another party pursuant to a contract for a term of not less than 10 years and the provider of electric service began acquiring the waterpower from the plant, facility, equipment or system before the effective date of this act; or

      (c) Placed into operation on or after July 1, 1997 . [; or]

      2.  Any energy efficiency measure installed on or before December 31, 2019.

      Sec. 20. NRS 704.7808 is hereby amended to read as follows:

      704.7808  1.  “Provider of electric service” and “provider” mean any person or entity that is in the business of selling electricity to retail customers for consumption in this State, regardless of whether the person or entity is otherwise subject to regulation by the Commission.

      2.  The term includes, without limitation, a provider of new electric resources that is selling electricity to an eligible customer for consumption in this State pursuant to the provisions of chapter 704B of NRS.

      3.  The term does not include:

      (a) [This State or an agency or instrumentality of this State.

      (b) A rural electric cooperative established pursuant to chapter 81 of NRS.

      (c) A general improvement district established pursuant to chapter 318 of NRS.

      (d) A utility established pursuant to chapter 709 or 710 of NRS.

      (e) A cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

      (f)] A landlord of a manufactured home park or mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

      [(g)](b) A landlord who pays for electricity that is delivered through a master meter and who distributes or resells the electricity to one or more tenants for consumption in this State.

      Sec. 21. NRS 704.7811 is hereby amended to read as follows:

      704.7811  1.  “Renewable energy” means:

      (a) Biomass;

      (b) Geothermal energy;

      (c) Solar energy;

      (d) Waterpower; and

      (e) Wind.

      2.  The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

      3.  As used in this section, “waterpower” means power derived from standing, running or falling water which is used for any plant, facility, equipment or system to generate electricity . [if the generating capacity of the plant, facility, equipment or system is not more than 30 megawatts.]

 


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plant, facility, equipment or system is not more than 30 megawatts.] Except as otherwise provided in this subsection, the term includes, without limitation, power derived from water that has been pumped from a lower to a higher elevation if the generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts [.] , and the plant, facility, equipment or system was in existence and used to derive power from pumped water before January 1, 2019. The term does not include power:

      (a) [Derived from water stored in a reservoir by a dam or similar device, unless:

             (1) The water is used exclusively for irrigation;

             (2) The dam or similar device was in existence on January 1, 2003; and

             (3) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts;

      (b)] That requires a new or increased appropriation or diversion of water for its creation; [or

      (c)](b) That requires the use of any fossil fuel for its creation, unless [:

             (1) The] the primary purpose of the use of the fossil fuel is not the creation of the power [; and

             (2) The generating capacity of the plant, facility, equipment or system for which the water is used is not more than 30 megawatts.] ; or

      (c) That was produced before the effective date of this act from a renewable energy system with a generating capacity of more than 30 megawatts placed into operation before July 1, 1997.

      Sec. 21.5. NRS 704.7818 is hereby amended to read as follows:

      704.7818  1.  “Retail customer” means [an] :

      (a) An end-use customer that purchases electricity for consumption in this state [.] ; or

      (b) An end-use member that purchases electricity for consumption in this state from a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.675 and which provides service only to its members.

      2.  The term includes, without limitation:

      (a) This state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases electricity for consumption in this state, including, without limitation, when it is an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.

      (b) A residential, commercial or industrial end-use customer that purchases electricity for consumption in this state, including, without limitation, an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.

      (c) A landlord of a manufactured home park or mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

      (d) A landlord who pays for electricity that is delivered through a master meter and who distributes or resells the electricity to one or more tenants for consumption in this state.

 


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      Sec. 22. NRS 704.7821 is hereby amended to read as follows:

      704.7821  1.  For each provider of electric service, the Commission shall establish a portfolio standard. [The] Except as otherwise provided in subsections 6, 8 and 9, the portfolio standard must require each provider to generate, acquire or save electricity from portfolio energy systems or efficiency measures in an amount that is:

      (a) For calendar years 2005 and 2006, not less than 6 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (b) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (c) For calendar years 2009 and 2010, not less than 12 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (d) For calendar years 2011 and 2012, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (e) For calendar years 2013 and 2014, not less than 18 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (f) For calendar years 2015 through 2019, inclusive, not less than 20 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (g) For calendar [years] year 2020 , [through 2024, inclusive,] not less than 22 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (h) For calendar year 2021, not less than 24 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (i) For calendar years 2022 and 2023, not less than 29 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (j) For calendar years 2024 through 2026, inclusive, not less than 34 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (k) For calendar years 2027 through 2029, inclusive, not less than 42 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (l) For calendar year [2025] 2030 and for each calendar year thereafter, not less than [25] 50 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      2.  In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:

      (a) [Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not less than:

             (1) For calendar years 2009 through 2015, inclusive, 5 percent of that amount must be generated or acquired from solar renewable energy systems.

             (2) For calendar year 2016 and for each calendar year thereafter, 6 percent of that amount must be generated or acquired from solar renewable energy systems.

 


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      (b)] Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures:

             (1) During calendar years 2013 and 2014, not more than 25 percent of that amount may be based on energy efficiency measures;

             (2) During each calendar year 2015 to 2019, inclusive, not more than 20 percent of that amount may be based on energy efficiency measures;

             (3) During each calendar year 2020 to 2024, inclusive, not more than 10 percent of that amount may be based on energy efficiency measures; and

             (4) For calendar year 2025 and each calendar year thereafter, no portion of that amount may be based on energy efficiency measures.

Ê If the provider intends to use energy efficiency measures to comply with its portfolio standard during any calendar year, of the total amount of electricity saved from energy efficiency measures for which the provider seeks to obtain portfolio energy credits pursuant to this paragraph, at least 50 percent of that amount must be saved from energy efficiency measures installed at service locations of residential customers of the provider, unless a different percentage is approved by the Commission.

      [(c)](b) If the provider acquires or saves electricity from a portfolio energy system or efficiency measure pursuant to a renewable energy contract or energy efficiency contract with another party:

             (1) The term of the contract must be not less than 10 years, unless the other party agrees to a contract with a shorter term; and

             (2) The terms and conditions of the contract must be just and reasonable, as determined by the Commission. If the provider is a utility provider and the Commission approves the terms and conditions of the contract between the utility provider and the other party, the contract and its terms and conditions shall be deemed to be a prudent investment and the utility provider may recover all just and reasonable costs associated with the contract.

      3.  If, for the benefit of one or more retail customers in this State, the provider has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      4.  The Commission shall adopt regulations that establish a system of portfolio energy credits that may be used by a provider to comply with its portfolio standard.

      5.  Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.

      6.  If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of portfolio energy credits, the provider shall take actions to acquire or save electricity pursuant to one or more renewable energy contracts or energy efficiency contracts. [If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity or a sufficient amount of energy savings made available to the provider pursuant to renewable energy contracts and energy efficiency contracts with just and reasonable terms and conditions, the] The Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission [.]

 


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conditions, the] The Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission [.] if the Commission determines that:

      (a) For the calendar year, there is not or will not be a sufficient supply of electricity or a sufficient amount of energy savings made available to the provider pursuant to renewable energy contracts and energy efficiency contracts with just and reasonable terms and conditions, after the provider has made reasonable efforts to secure such contracts; or

      (b) The provider is unable to obtain a sufficient supply of electricity to comply with the portfolio standard because of a delay in the completion of the construction of a renewable energy system, or the underperformance of an existing renewable energy system, that is under the control of a person or entity other than the provider and that was intended to provide such electricity.

      7.  The Commission shall adopt regulations that establish:

      (a) Standards for the determination of just and reasonable terms and conditions for the renewable energy contracts and energy efficiency contracts that a provider must enter into to comply with its portfolio standard.

      (b) Methods to classify the financial impact of each long-term renewable energy contract and energy efficiency contract as an additional imputed debt of a utility provider. The regulations must allow the utility provider to propose an amount to be added to the cost of the contract, at the time the contract is approved by the Commission, equal to a compensating component in the capital structure of the utility provider. In evaluating any proposal made by a utility provider pursuant to this paragraph, the Commission shall consider the effect that the proposal will have on the rates paid by the retail customers of the utility provider.

      8.  [Except as otherwise provided in NRS 704.78213, the provisions of this section do not apply to a provider of new electric resources as defined in NRS 704B.130.] For the purposes of subsection 1, for calendar year 2019 and for each calendar year thereafter, the total amount of electricity sold by a provider to its retail customers in this State during a calendar year does not include the amount of electricity sold by the provider as part of a program of optional pricing authorized by the Commission pursuant to which the provider either transfers portfolio energy credits to the customer or retires portfolio energy credits above the renewable energy portfolio standard on behalf of the customer.

      9.  For the purposes of subsection 1, for calendar year 2019 and for each calendar year thereafter, the total amount of electricity sold by the following providers to their retail customers in this State during a calendar year does not include the first 1,000,000 megawatt-hours of electricity sold by the provider to such customers during that calendar year:

      (a) A rural electric cooperative established pursuant to chapter 81 of NRS that is in existence on the effective date of this act.

      (b) A general improvement district established pursuant to chapter 318 of NRS that is in existence on the effective date of this act.

      (c) A utility established pursuant to chapter 244, 266, 268, 709 or 710 of NRS that is in existence on the effective date of this act.

      (d) A cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673, which provides service only to its members and which is in existence and providing retail electric service on the effective date of this act.

 


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utility pursuant to NRS 704.673, which provides service only to its members and which is in existence and providing retail electric service on the effective date of this act.

Ê Such providers do not earn energy portfolio credits under the system of energy portfolio credits established by the Commission pursuant to subsection 4 for electricity generated or acquired by the provider from renewable energy systems to make the first 1,000,000 megawatt-hours of sales to retail customers within this State within a calendar year. The provisions of this subsection do not apply to any successor in interest of such a provider.

      10.  A provider listed in subsection 9 shall, during any calendar year in which the total amount of electricity sold by the provider to its retail customers in this State during that calendar year is less than 1,000,000 megawatt-hours, submit to the Commission, after the end of the calendar year and within the time prescribed by the Commission, a report of the total amount of electricity sold to its retail customers in this State for that calendar year. The providers described in paragraphs (a) and (d) of subsection 9 shall submit the report required by this subsection to the Commission as part of the annual report filed by such a provider as required by NRS 703.191.

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

      (a) “Energy efficiency contract” means a contract to attain energy savings from one or more energy efficiency measures owned, operated or controlled by other parties.

      (b) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.

      (c) “Terms and conditions” includes, without limitation, the price that a provider must pay to acquire electricity pursuant to a renewable energy contract or to attain energy savings pursuant to an energy efficiency contract.

      Sec. 23. NRS 704.78213 is hereby amended to read as follows:

      704.78213  1.  If the Commission issues an order approving an application that is filed pursuant to NRS 704B.310 or a request that is filed pursuant to NRS 704B.325 regarding a provider of new electric resources and an eligible customer, the Commission must establish in the order a portfolio standard applicable to the electricity sold by the provider of new electric resources to the eligible customer in accordance with the order. The portfolio standard must require the provider of new electric resources to generate, acquire or save electricity from portfolio energy systems or efficiency measures in the amounts described in the portfolio standard set forth in NRS 704.7821 . [which is effective on the date on which the order approving the application or request is approved.]

      2.  [Of] Except as otherwise provided in this subsection, of the total amount of electricity that a provider of new electric resources is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures. The provisions of this subsection apply to an order of the Commission approving an application that is filed pursuant to NRS 704B.310 or a request filed pursuant to NRS 704B.325 regarding a provider of new electric resources and an eligible customer only:

 


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      (a) If the order was issued by the Commission before January 1, 2019; and

      (b) For calendar years before 2025.

      3.  If, for the benefit of one or more eligible customers, the eligible customer of a provider of new electric resources has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider of new electric resources generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      4.  As used in this section:

      (a) “Eligible customer” has the meaning ascribed to it in NRS 704B.080.

      (b) “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.

      Sec. 24. NRS 704.7825 is hereby amended to read as follows:

      704.7825  1.  [Each] Except as otherwise provided in subsection 6, each provider of electric service shall submit to the Commission an annual report that provides information relating to the actions taken by the provider to comply with its portfolio standard.

      2.  Each provider shall submit the annual report to the Commission after the end of each calendar year and within the time prescribed by the Commission. The report must be submitted in a format approved by the Commission.

      3.  The Commission may adopt regulations that require providers to submit to the Commission additional reports during each calendar year.

      4.  Each annual report and each additional report must include clear and concise information that sets forth:

      (a) The amount of electricity which the provider generated, acquired or saved from portfolio energy systems or efficiency measures during the reporting period and, if applicable, the amount of portfolio energy credits that the provider acquired, sold or traded during the reporting period to comply with its portfolio standard;

      (b) The capacity of each renewable energy system owned, operated or controlled by the provider, the total amount of electricity generated by each such system during the reporting period and the percentage of that total amount which was generated directly from renewable energy;

      (c) Whether, during the reporting period, the provider began construction on, acquired or placed into operation any renewable energy system and, if so, the date of any such event;

      (d) Whether, during the reporting period, the provider participated in the acquisition or installation of any energy efficiency measures and, if so, the date of any such event; and

      (e) Any other information that the Commission by regulation may deem relevant.

      5.  Based on the reports submitted by providers pursuant to this section, the Commission shall compile information that sets forth whether any provider has used energy efficiency measures to comply with its portfolio standard and, if so, the type of energy efficiency measures used and the amount of energy savings attributable to each such energy efficiency measure. The Commission shall report such information to:

 


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ê2019 Statutes of Nevada, Page 23 (CHAPTER 3, SB 358)ê

 

      (a) The Legislature, not later than the first day of each regular session; and

      (b) The Legislative Commission, if requested by the Chair of the Commission.

      6.  The provisions of this section do not apply to:

      (a) A provider of electric service that is subject to NRS 704.787; or

      (b) A provider of electric service that is listed in subsection 9 of NRS 704.7821 during any calendar year in which the total amount of electricity sold by the provider to its retail customers in this State during that calendar year is less than 1,000,000 megawatt-hours.

      Sec. 24.5. NRS 704.7828 is hereby amended to read as follows:

      704.7828  1.  The Commission shall adopt regulations to carry out and enforce the provisions of NRS 704.7801 to 704.7828, inclusive [.] , and sections 8, 9 and 10 of this act. The regulations adopted by the Commission may include any enforcement mechanisms which are necessary and reasonable to ensure that each provider of electric service complies with its portfolio standard. Such enforcement mechanisms may include, without limitation, the imposition of administrative fines.

      2.  If a provider exceeds the portfolio standard for any calendar year:

      (a) The Commission shall authorize the provider to carry forward to subsequent calendar years for the purpose of complying with the portfolio standard for those subsequent calendar years any excess kilowatt-hours of electricity that the provider generates, acquires or saves from portfolio energy systems or efficiency measures;

      (b) By more than 10 percent but less than 25 percent of the amount of portfolio energy credits necessary to comply with its portfolio standard for the subsequent calendar year, the provider may sell any portfolio energy credits which are in excess of 10 percent of the amount of portfolio energy credits necessary to comply with its portfolio standard for the subsequent calendar year; and

      (c) By 25 percent or more of the amount of portfolio energy credits necessary to comply with its portfolio standard for the subsequent calendar year, the provider shall use reasonable efforts to sell any portfolio energy credits which are in excess of 25 percent of the amount of portfolio energy credits necessary to comply with its portfolio standard for the subsequent calendar year.

Ê Any money received by a provider from the sale of portfolio energy credits pursuant to paragraphs (b) and (c) must be credited against the provider’s costs for purchased fuel and purchased power pursuant to NRS 704.187 in the same calendar year in which the money is received, less any verified administrative costs incurred by the provider to make the sale, including any costs incurred to qualify the portfolio energy credits for potential sale regardless of whether such sales are made.

      3.  If a provider does not comply with its portfolio standard for any calendar year and the Commission has not exempted the provider from the requirements of its portfolio standard pursuant to NRS 704.7821 or 704.78213, the Commission [:

      (a)Shall] shall require the provider to carry forward to subsequent calendar years the amount of the deficiency in kilowatt-hours of electricity that the provider does not generate, acquire or save from portfolio energy systems or efficiency measures during a calendar year in violation of its portfolio standard . [; and

 


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      (b)May]

      4.  If the Commission has not exempted a provider from the requirements of its portfolio standard pursuant to NRS 704.7821 or 704.78213 and the provider does not comply with its portfolio standard:

      (a) During any calendar year after 2018 but before 2030, and did not comply with its portfolio standard for the 2 immediately preceding calendar years; or

      (b) During calendar year 2030 or any subsequent calendar year,

Ê the Commission may impose an administrative fine against the provider or take other administrative action against the provider, or do both.

      [4.]5.  Except as otherwise provided in [subsection 5,] subsections 4 and 6, the Commission may impose an administrative fine against a provider based upon:

      (a) Each kilowatt-hour of electricity that the provider does not generate, acquire or save from portfolio energy systems or efficiency measures during a calendar year in violation of its portfolio standard; or

      (b) Any other reasonable formula adopted by the Commission.

      [5.]6.  If a provider sells any portfolio energy credits pursuant to paragraph (b) or (c) of subsection 2 in any calendar year in which the Commission determines that the provider did not comply with its portfolio standard, the Commission shall not make any adjustment to the provider’s expenses or revenues and shall not impose on the provider any administrative fine authorized by this section for that calendar year if:

      (a) In the calendar year immediately preceding the calendar year in which the portfolio energy credits were sold, the amount of portfolio energy credits held by the provider and attributable to electricity generated, acquired or saved from portfolio energy systems or efficiency measures by the provider exceeded the amount of portfolio energy credits necessary to comply with the provider’s portfolio standard by more than 10 percent;

      (b) The price received for any portfolio energy credits sold by the provider was not lower than the most recent value of portfolio energy credits, net of any energy value if the price was for bundled energy and credits, as determined by reference to the last long-term renewable purchased power agreements approved by the Commission in the most recent proceeding that included such agreements; and

      (c) The provider would have complied with the portfolio standard in the relevant year even after the sale of portfolio energy credits based on the load forecast of the provider at the time of the sale.

      [6.]7.  In the aggregate, the administrative fines imposed against a provider for all violations of its portfolio standard for a single calendar year must not exceed the amount which is necessary and reasonable to ensure that the provider complies with its portfolio standard, as determined by the Commission.

      [7.]8.  If the Commission imposes an administrative fine against a utility provider:

      (a) The administrative fine is not a cost of service of the utility provider;

      (b) The utility provider shall not include any portion of the administrative fine in any application for a rate adjustment or rate increase; and

      (c) The Commission shall not allow the utility provider to recover any portion of the administrative fine from its retail customers.

 


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      [8.]9.  All administrative fines imposed and collected pursuant to this section must be deposited in the State General Fund.

      Sec. 25. NRS 704.860 is hereby amended to read as follows:

      704.860  “Utility facility” means:

      1.  Electric generating plants and their associated facilities, except electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS [704.7811,] 704.7715, as their primary source of energy to generate electricity and which have or will have a nameplate capacity of not more than 70 megawatts, including, without limitation, a net metering system, as defined in NRS 704.771. As used in this subsection, “associated facilities” includes, without limitation, any facilities for the storage, transmission or treatment of water, including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.

      2.  Electric transmission lines and transmission substations that:

      (a) Are designed to operate at 200 kilovolts or more;

      (b) Are not required by local ordinance to be placed underground; and

      (c) Are constructed outside any incorporated city.

      3.  Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside any incorporated city.

      4.  Water storage, transmission and treatment facilities, other than facilities for the storage, transmission or treatment of water from mining operations.

      5.  Sewer transmission and treatment facilities.

      Sec. 26. NRS 704.890 is hereby amended to read as follows:

      704.890  1.  Except as otherwise provided in subsection 3, the Commission may not grant a permit for the construction, operation and maintenance of a utility facility, either as proposed or as modified by the Commission, to a person unless it finds and determines:

      (a) The nature of the probable effect on the environment;

      (b) If the utility facility emits greenhouse gases and does not use renewable energy as its primary source of energy to generate electricity, the extent to which the facility is needed to ensure reliable utility service to customers in this State;

      (c) That the need for the facility balances any adverse effect on the environment;

      (d) That the facility represents the minimum adverse effect on the environment, considering the state of available technology and the nature and economics of the various alternatives;

      (e) That the location of the facility as proposed conforms to applicable state and local laws and regulations issued thereunder and the applicant has obtained, or is in the process of obtaining, all other permits, licenses, registrations and approvals required by federal, state and local statutes, regulations and ordinances;

      (f) That the surplus asset retirement plan filed pursuant to NRS 704.870:

             (1) Complies with federal, state and local laws;

             (2) Provides for the remediation and reuse of the facility within a reasonable period; and

             (3) Is able to be reasonably completed under the funding plan contained in the application; and

      (g) That the facility will serve the public interest.

 


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ê2019 Statutes of Nevada, Page 26 (CHAPTER 3, SB 358)ê

 

      2.  If the Commission determines that the location of all or a part of the proposed facility should be modified, it may condition its permit upon such a modification. If the applicant has not obtained all the other permits, licenses, registrations and approvals required by federal, state and local statutes, regulations and ordinances as of the date on which the Commission decides to issue a permit, the Commission shall condition its permit upon the applicant obtaining those permits and approvals.

      3.  The requirements set forth in paragraph (g) of subsection 1 do not apply to any application for a permit which is filed by a state government or political subdivision thereof.

      4.  As used in this section, “renewable energy” has the meaning ascribed to it in NRS [704.7811.] 704.7715.

      Sec. 27. NRS 271.197 is hereby amended to read as follows:

      271.197  “Renewable energy” has the meaning ascribed to it in NRS [704.7811.] 704.7715.

      Sec. 28.  Notwithstanding the provisions of any other law or any ruling or order issued by or portfolio standard established by the Public Utilities Commission of Nevada to the contrary, for any portfolio standard established by the Commission pursuant to the provisions of subsection 1 of NRS 704.78213 before the effective date of this act, the Commission shall, for calendar year 2020 and for each calendar year thereafter, revise the portfolio standard to require the provider of new electric resources as defined in NRS 704B.130 to generate, acquire or save electricity from portfolio energy systems or energy efficiency measures in the amounts described in the portfolio standard set forth in NRS 704.7821, as amended by section 22 of this act.

      Sec. 29.  1.  This act becomes effective upon passage and approval.

      2.  Section 3 of this act expires by limitation on December 31, 2025.

________

CHAPTER 4, AB 182

Assembly Bill No. 182–Assemblymen Peters, Watts, Bilbray-Axelrod, Miller; Assefa, Carlton, Carrillo, Cohen, Daly, Duran, Frierson, Fumo, Gorelow, Hardy, Jauregui, Leavitt, Martinez, Monroe-Moreno, Munk, Nguyen, Roberts, Spiegel, Swank, Thompson, Tolles and Torres

 

Joint Sponsors: Senators Brooks, Cancela, Hammond, Hansen, Ohrenschall, Parks, Pickard, Seevers Gansert and Washington

 

CHAPTER 4

 

[Approved: April 22, 2019]

 

AN ACT relating to state emblems; designating neon as the official state element of the State of Nevada; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law designates various symbols of the State of Nevada, including a state metal, a state precious gemstone and a state semiprecious gemstone. (NRS 235.090, 235.100, 235.110) This bill designates neon as the official state element of the State of Nevada.

 


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ê2019 Statutes of Nevada, Page 27 (CHAPTER 4, AB 182)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 235 of NRS is hereby amended by adding thereto a new section to read as follows:

      The chemical element known as neon is hereby designated as the official state element of the State of Nevada.

      Sec. 2.  This act becomes effective on July 1, 2019.

________

CHAPTER 5, AB 65

Assembly Bill No. 65–Committee on Government Affairs

 

CHAPTER 5

 

[Approved: April 22, 2019]

 

AN ACT relating to notaries public; revising provisions related to certain fees charged by a notary public and electronic notary; revising provisions related to the authentication of certain notarized documents by the Secretary of State; revising the requirements to register as an electronic notary; revising the certificate of acknowledgment of a notary public on the form required to request to nominate a court-appointed guardian; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that an oath or affirmation administered by a notarial officer must be signed by the affiant in the presence of the notarial officer. (NRS 240.1655) Sections 1 and 4 of this bill eliminate obsolete language that refers to fees that a notary public or an electronic notary may charge to administer an oath or affirmation without a signature. (NRS 240.100, 240.197)

      Existing law requires the Secretary of State to authenticate the signature and office of a notarial officer on a document intended for use in the United States. (NRS 240.1657) Section 2 of this bill eliminates this requirement and provides that the Secretary of State is only required to authenticate the signature and office of a notarial officer on a document intended for use in a foreign country.

      Under existing law, a person must be a notarial officer in this State for not less than 4 years to register as an electronic notary public. (NRS 240.192) Section 3 of this bill eliminates this requirement and authorizes the Secretary of State to establish a process for a person to submit an application to register as an electronic notary public simultaneously with an application for appointment as a notary public.

      Under current law, a person may nominate another person to be his or her appointed guardian by completing a notarized form witnessed by two persons. (NRS 159.0753) Section 5 of this bill eliminates the requirement that the certificate of acknowledgment of notary public used on this form include language indicating the notarial officer declares under penalty of perjury that the persons whose names are subscribed to the document appear to be of sound mind and under no duress, fraud or undue influence.

 

 

 


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ê2019 Statutes of Nevada, Page 28 (CHAPTER 5, AB 65)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 240.100 is hereby amended to read as follows:

      240.100  1.  Except as otherwise provided in subsection 3, a notary public may charge the following fees and no more:

 

For taking an acknowledgment, for the first signature of each signer $5.00

For each additional signature of each signer....................................... 2.50

For administering an oath or affirmation [without a signature]......... 2.50

For a certified copy................................................................................... 2.50

For a jurat, for each signature on the affidavit..................................... 5.00

For performing a marriage ceremony................................................... 75.00

 

      2.  All fees prescribed in this section are payable in advance, if demanded.

      3.  A notary public may charge an additional fee for traveling to perform a notarial act if:

      (a) The person requesting the notarial act asks the notary public to travel;

      (b) The notary public explains to the person requesting the notarial act that the fee is in addition to the fee authorized in subsection 1 and is not required by law;

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

      (d) The additional fee does not exceed:

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

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

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

      4.  A notary public is entitled to charge the amount of the additional fee agreed to in advance by the person requesting the notarial act pursuant to subsection 3 if:

      (a) The person requesting the notarial act cancels the request after the notary public begins his or her travel to perform the requested notarial act.

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

      5.  For each additional fee that a notary public charges for traveling to perform a notarial act pursuant to subsection 3, the notary public shall enter in the journal that he or she keeps pursuant to NRS 240.120:

      (a) The amount of the fee; and

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

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

 


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ê2019 Statutes of Nevada, Page 29 (CHAPTER 5, AB 65)ê

 

person all or part of a fee charged by the notary public for a notarial act performed outside the scope of the employment of the notary public.

      Sec. 2. NRS 240.1657 is hereby amended to read as follows:

      240.1657  1.  Except as otherwise provided in subsection 2, the Secretary of State shall, upon request and payment of a fee of $20, issue an authentication to verify that the signature of the notarial officer on a document intended for use in a foreign country is genuine and that the notarial officer holds the office indicated on the document. If the document:

      (a) Is intended for use in a foreign country that is a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue an apostille in the form prescribed by the Hague Convention of October 5, 1961.

      (b) Is intended for use in [the United States or in] a foreign country that is not a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue a certification.

      2.  The Secretary of State shall not issue an authentication pursuant to subsection 1 if:

      (a) The document has not been notarized in accordance with the provisions of this chapter;

      (b) The Secretary of State has reasonable cause to believe that the document may be used to accomplish any fraudulent, criminal or other unlawful purpose; or

      (c) The request to issue an authentication does not include a statement, in the form prescribed by the Secretary of State and signed under penalty of perjury, that the document for which the authentication is requested will not be used to:

             (1) Harass a person; or

             (2) Accomplish any fraudulent, criminal or other unlawful purpose.

      3.  No civil action may be brought against the Secretary of State on the basis that:

      (a) The Secretary of State has issued an authentication pursuant to subsection 1; and

      (b) The document has been used to:

             (1) Harass a person; or

             (2) Accomplish any fraudulent, criminal or other unlawful purpose.

      4.  A person who uses a document for which an authentication has been issued pursuant to subsection 1 to:

      (a) Harass a person; or

      (b) Accomplish any fraudulent, criminal or other unlawful purpose,

Ê is guilty of a category C felony and 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 5 years, and may be further punished by a fine of not more than $5,000.

      5.  The Secretary of State may adopt regulations to carry out the provisions of this section.

      Sec. 3. NRS 240.192 is hereby amended to read as follows:

      240.192  1.  [Each] Except as otherwise provided in subsection 5, each person registering as an electronic notary public must:

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

 


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ê2019 Statutes of Nevada, Page 30 (CHAPTER 5, AB 65)ê

 

this State for not less than 4 years] and have complied with all applicable notarial requirements set forth in this chapter;

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

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

      (d) Submit to the Secretary of State with the registration proof satisfactory to the Secretary of State that the registrant has:

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

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

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

      (a) All information required to be included in an application for appointment as a notary public pursuant to NRS 240.030.

      (b) A description of the technology or device that the registrant intends to use to create his or her electronic signature in performing electronic notarial acts.

      (c) The electronic signature of the registrant.

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

      3.  Unless the Secretary of State establishes a different process for the payment of the registration fee required pursuant to paragraph (c) of subsection 1, the registration fee must be paid by check or draft, made payable to the Secretary of State and transmitted to the Office of the Secretary of State.

      4.  [Registration] Except as otherwise provided in subsection 5, registration as an electronic notary public shall be deemed effective upon the payment of the registration fee required pursuant to paragraph (c) of subsection 1 if the registrant has satisfied all other applicable requirements.

      5.  The Secretary of State may establish a process for a person to simultaneously apply for appointment as a notary public and register as an electronic notary public. If the Secretary of State establishes such a process, registration as an electronic notary public shall be deemed effective upon the person complying with:

      (a) The requirements pertaining to taking an oath and filing a bond set forth in NRS 240.030 and 240.033 and with all other applicable notarial requirements set forth in this chapter; and

      (b) The requirements set forth in this section to register as an electronic notary.

      Sec. 4. NRS 240.197 is hereby amended to read as follows:

      240.197  1.  Except as otherwise provided in this section:

      (a) An electronic notary public may charge the following fees:

             (1) For taking an acknowledgment, for each signature....................... $25

             (2) For executing a jurat, for each signature......................................... $25

 


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ê2019 Statutes of Nevada, Page 31 (CHAPTER 5, AB 65)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

             (1) The amount of the fee; and

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

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

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

 


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ê2019 Statutes of Nevada, Page 32 (CHAPTER 5, AB 65)ê

 

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

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

      Sec. 5. NRS 159.0753 is hereby amended to read as follows:

      159.0753  1.  Any person who wishes to request to nominate another person to be appointed as his or her guardian may do so by completing a form requesting to nominate a guardian in accordance with this section.

      2.  A form requesting to nominate a guardian must be:

      (a) Signed by the person requesting to nominate a guardian;

      (b) Signed by two impartial adult witnesses who have no interest, financial or otherwise, in the estate of the person requesting to nominate a guardian and who attest that the person has the mental capacity to understand and execute the form; and

      (c) Notarized.

      3.  A request to nominate a guardian may be in substantially the following form, and must be witnessed and executed in the same manner as the following form:

 

REQUEST TO NOMINATE GUARDIAN

 

       I, .................... (insert your name), residing at ................... (insert your address), am executing this notarized document as my written declaration and request for the person(s) designated below to be appointed as my guardian should it become necessary. I am advising the court and all persons and entities as follows:

       1.  As of the date I am executing this request to nominate a guardian, I have the mental capacity to understand and execute this request.

       2.  This request pertains to a (circle one): (guardian of the person)/(guardian of the estate)/(guardian of the person and estate).

       3.  Should the need arise, I request that the court give my preference to the person(s) designated below to serve as my appointed guardian.

       4.  I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.

       5.  If .................... (insert name) is unable or unwilling to serve as my appointed guardian, then I request that my .................... (insert relation), .................... (insert name), serve as my appointed guardian.

       6.  I do not, under any circumstances, desire to have any private, for-profit guardian serve as my appointed guardian.

 

(YOU MUST DATE AND SIGN THIS DOCUMENT)

 

       I sign my name to this document on ................. (date)

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

                                      (Signature)

 


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ê2019 Statutes of Nevada, Page 33 (CHAPTER 5, AB 65)ê

 

(YOU MUST HAVE TWO QUALIFIED ADULT WITNESSES DATE AND SIGN THIS DOCUMENT)

 

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed this request to nominate a guardian in my presence, that the principal appears to be of sound mind, has the mental capacity to understand and execute this document and is under no duress, fraud or undue influence, and that I have no interest, financial or otherwise, in the estate of the principal.

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

          (Signature of first witness)

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

                       (Print name)

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

                            (Date)

 

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

       (Signature of second witness)

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

                       (Print name)

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

                            (Date)

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

State of Nevada                       }

                   }

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

       On this .......... day of ..............., in the year ......., before me, .................... (insert name of notary public), personally appeared .................... (insert name of principal), .................... (insert name of first witness) and .................... (insert name of second witness), personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to this instrument, and acknowledged that they have signed this instrument. [I declare under penalty of perjury that the persons whose names are subscribed to this instrument appear to be of sound mind and under no duress, fraud or undue influence.]

 

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

                (Signature of notarial officer)

                              (Seal, if any)

 

      4.  The Secretary of State shall make the form established in subsection 3 available on the Internet website of the Secretary of State.

      5.  The Secretary of State may adopt any regulations necessary to carry out the provisions of this section.

 


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ê2019 Statutes of Nevada, Page 34 (CHAPTER 5, AB 65)ê

 

      Sec. 6.  The validity of a certificate of acknowledgment of a notary public that was included on a request to nominate a guardian on or before the passage and approval of this act is not affected by the amendatory provisions of section 5 of this act.

      Sec. 7.  1.  This section and sections 1, 2, 4, 5 and 6 of this act become effective upon passage and approval.

      2.  Section 3 of this act becomes effective:

      (a) On the date that the Secretary of State has established a process by which a person may submit an application to register as an electronic notary public simultaneously with an application for appointment as a notary public; or

      (b) On July 1, 2019,

Ê whichever is earlier.

________

CHAPTER 6, AB 381

Assembly Bill No. 381–Assemblymen Titus, Benitez-Thompson; Hansen and Leavitt

 

Joint Sponsors: Senators Ratti and Hardy

 

CHAPTER 6

 

[Approved: April 25, 2019]

 

AN ACT relating to days of observance; designating April 16 as “Healthcare Decisions Day” in Nevada; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth certain days of observance in this State to commemorate certain persons or occasions or to publicize information regarding certain important topics. (NRS 236.018-236.085) This bill designates April 16 of each year as “Healthcare Decisions Day” in the State of Nevada.

 

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

 

      Whereas, An advance directive for health care by a person who is an adult, particularly if it is executed or revised after conversations with the person’s loved ones and health care providers about the person’s wishes concerning his or her health care, can help to ensure that the person receives health care in accordance with his or her wishes if the person becomes unable, for any reason, to communicate those wishes for himself or herself; and

      Whereas, Nevada law authorizes various kinds of advance directives for health care, including a durable power of attorney for health care decisions, a declaration governing the withholding or withdrawal of life-sustaining treatment, a provider order for life-sustaining treatment (POLST), an advance directive for psychiatric care and a do-not-resuscitate order, and the Secretary of State maintains an electronic registry of such advance directives on a public website; and

 


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ê2019 Statutes of Nevada, Page 35 (CHAPTER 6, AB 381)ê

 

      Whereas, Despite the availability of those advance directives which allow Nevadans to make known their wishes concerning their health care if they are unable to communicate those wishes themselves, many Nevadans are unaware of their availability and do not have the appropriate conversations with their loved ones and health care providers to make known their wishes; and

      Whereas, The most significant reasons for the failure of more Nevadans to execute advance directives include the lack of awareness of the availability of such directives and considerable confusion about advance health care planning and advance directives; and

      Whereas, Historically there has been a collaborative effort of numerous national, state and community organizations that are committed to ensuring that all adults with decision-making capacity in the United States have the information and opportunity to communicate and document their health care decisions and to encourage designation of Healthcare Decisions Day; and

      Whereas, The National Healthcare Decisions Day initiative is intended to raise public awareness of the need to plan ahead for health care decisions related to end of life care and medical decision-making whenever patients are unable to speak for themselves and to encourage the specific use of advance directives to communicate these important health care decisions; and

      Whereas, One of the principal goals of designating a Healthcare Decisions Day is to encourage hospitals, nursing homes, assisted living facilities, continuing care retirement communities, and hospice facilities to participate in a statewide effort to provide clear and consistent information to the public about advance directives and increase the number of Nevadans who have an advance directive; and

      Whereas, The Legislature wishes to encourage all Nevadans to have conversations about their wishes concerning their health care and to execute advance directives to make those wishes known, and to ensure that fewer Nevada families and health care providers will have to struggle with making difficult health care decisions in the absence of knowledge of the wishes of the patient; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  April 16 of each year is designated as “Healthcare Decisions Day” in the State of Nevada.

      2.  The Governor shall issue annually a proclamation encouraging the observance of “Healthcare Decisions Day.” The proclamation must, without limitation, call upon the news media, state and local officers, hospitals, nursing homes, assisted living facilities, continuing care retirement communities, hospice facilities, private nonprofit groups and foundations, and other public and private entities to bring to the attention of the adults in this State the importance of discussing the manner in which they would like to have their health care wishes carried out and of using an advance directive to express those wishes.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


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ê2019 Statutes of Nevada, Page 36ê

 

CHAPTER 7, AB 26

Assembly Bill No. 26–Committee on Commerce and Labor

 

CHAPTER 7

 

[Approved: May 1, 2019]

 

AN ACT relating to contractors; increasing the amount of money that the State Contractors’ Board or its designee may pay out of the Recovery Fund to an injured person for certain acts or omissions of a residential contractor; revising the maximum amount of money that may be recovered from the Recovery Fund against a single contractor; revising the information that a residential contractor must include in certain written statements relating to the Recovery Fund; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires: (1) a residential contractor to pay certain biennial assessments to the State Contactors’ Board; and (2) the Board to account for the assessments separately in an account referred to as the “Recovery Fund.” An injured person is eligible for recovery from the Recovery Fund if the Board or its designee finds that the injured person suffered actual damages for certain acts or omissions of a residential contractor. The amount of actual damages that may be paid to an injured person from the Recovery Fund must not exceed $35,000, and the amount of claims paid against any single contractor must not exceed $400,000. If a residential contractor enters into a contract with an owner of a residence for qualified services, the contractor must provide a written statement to the owner notifying the owner of his or her right to recover from the Recovery Fund for any financial damage caused to the owner by the contractor. The written statement must include certain specific locations in this State at which the owner may contact the Board if the owner wishes to obtain information relating to the Recovery Fund. (NRS 624.410, 624.470, 624.510, 624.520) Section 1 of this bill increases the maximum amount of money that an injured person may recover for actual damages from $35,000 to $40,000. Section 1 also revises the maximum amount that may be recovered from any single contractor from $400,000 to $750,000 or 20 percent of the balance of the Recovery Fund, as determined on a certain date, whichever is less. Section 2 of this bill repeals the provisions which require the written statement to include the locations at which a person may contact the Board.

 

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 624.510 is hereby amended to read as follows:

      624.510  1.  Except as otherwise provided in NRS 624.490 and subsection 2, an injured person is eligible for recovery from the account if the Board or its designee finds that the injured person suffered actual damages as a result of an act or omission of a residential contractor that is in violation of this chapter or the regulations adopted pursuant thereto.

      2.  An injured person is not eligible for recovery from the account if:

      (a) The injured person is cohabitating with the licensee, is related to the licensee by marriage or by blood in the first or second degree of consanguinity, or is a personal representative of a person cohabitating with the licensee or related to the licensee by marriage or by blood in the first or second degree of consanguinity;

 


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ê2019 Statutes of Nevada, Page 37 (CHAPTER 7, AB 26)ê

 

consanguinity, or is a personal representative of a person cohabitating with the licensee or related to the licensee by marriage or by blood in the first or second degree of consanguinity;

      (b) The injured person was associated in a business relationship with the licensee other than the contract at issue;

      (c) At the time of contracting with the residential contractor, the license of the residential contractor was suspended or revoked pursuant to NRS 624.300;

      (d) The injured person:

             (1) Applied for and obtained any building permit for the single-family residence at which the act or omission occurred and for which the injured person wishes to recover actual damages from the account; or

             (2) Constructed the residence as the owner-builder of the residence;

      (e) The claim submitted by the injured person for recovery from the account contains:

             (1) A false or misleading statement; or

             (2) A forged or altered receipt or other document which includes an improvement, upgrade or work that exceeds the scope of the contract at issue;

      (f) The injured person is a lien claimant who has not filed a lien in accordance with the provisions of NRS 108.221 to 108.246, inclusive; or

      (g) The single-family residence at which the act or omission occurred and for which the injured person wishes to recover actual damages from the account was constructed, remodeled, repaired or improved with the intent of renting, leasing or selling the residence within 1 year after the date of completion of the construction, remodeling, repair or improvement. The offering of the residence for rent, lease or sale within 1 year after that date creates a rebuttable presumption that the construction, remodeling, repair or improvement was performed with the intent to rent, lease or sell the residence.

      3.  If the Board or its designee determines that an injured person is eligible for recovery from the account pursuant to this section or NRS 624.490, the Board or its designee may pay out of the account:

      (a) The amount of actual damages suffered, but not to exceed [$35,000;] $40,000; or

      (b) If a judgment was obtained as set forth in NRS 624.490, the amount of actual damages included in the judgment and remaining unpaid, but not to exceed [$35,000.] $40,000.

      4.  The decision of the Board or its designee regarding eligibility for recovery and all related issues is final and not subject to judicial review.

      5.  If the injured person has recovered a portion of his or her loss from sources other than the account, the Board shall deduct the amount recovered from the other sources from the amount payable upon the claim and direct the difference to be paid from the account.

      6.  To the extent of payments made from the account, the Board is subrogated to the rights of the injured person, including, without limitation, the right to collect from a surety bond or a cash bond. The Board and the Attorney General shall promptly enforce all subrogation claims.

      7.  The amount of recovery from the account based upon claims made against any single contractor must not exceed [$400,000.] $750,000 or 20 percent of the account balance, as determined on the date the Board approves payment of all the claims, whichever is less.

      8.  As used in this section, “actual damages” includes attorney’s fees or costs in contested cases appealed to the appellate court of competent jurisdiction. The term does not include any other attorney’s fees or costs.

 


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ê2019 Statutes of Nevada, Page 38 (CHAPTER 7, AB 26)ê

 

      Sec. 2. NRS 624.520 is hereby amended to read as follows:

      624.520  1.  A residential contractor shall notify an owner with whom he or she contracts of the rights of the owner pursuant to NRS 624.400 to 624.560, inclusive, including, without limitation, providing a written statement explaining those rights in any agreement or contract for qualified services. The written statement must be in substantially the following form:

 

RESIDENTIAL CONSTRUCTION RECOVERY FUND

 

Payment may be available from the Recovery Fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this State. To obtain information relating to the Recovery Fund and filing a claim for recovery from the Recovery Fund, you may contact the State Contractors’ Board . [at the following locations:

 

State Contractors’ Board                  State Contractors’ Board

9670 Gateway Drive, Suite 100        2310 Corporate Circle, Suite 200

Reno, Nevada 89521                        Henderson, Nevada 89074

Telephone number: (775) 688-1141 Telephone number: (702) 486-1100]

 

      2.  The Board may impose upon a contractor an administrative fine:

      (a) Of not more than $100 for the first violation of subsection 1; and

      (b) Of not more than $250 for a second or subsequent violation of subsection 1.

      3.  The Board shall deposit any money received pursuant to this section in the account established pursuant to NRS 624.470.

________

CHAPTER 8, AB 154

Assembly Bill No. 154–Assemblymen Roberts, Leavitt, Kramer; Hafen, Hansen, Hardy, Krasner, Sprinkle, Titus and Wheeler

 

CHAPTER 8

 

[Approved: May 1, 2019]

 

AN ACT relating to secondhand dealers; revising certain requirements for reporting transactions by a secondhand dealer; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a secondhand dealer to furnish a daily transcript of the record of his or her transactions for the preceding day to the sheriff of the county or the chief of police of the incorporated city in which the dealer does business, as applicable. Existing law exempts, along with other items, books, periodicals and sound recordings from this reporting requirement. (NRS 647.120) This bill exempts video recordings from the reporting requirement.

 

 

 


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ê2019 Statutes of Nevada, Page 39 (CHAPTER 8, AB 154)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 647.120 is hereby amended to read as follows:

      647.120  1.  Except as otherwise provided in subsection 4, every secondhand dealer doing business in:

      (a) Any unincorporated town shall, before 12 m. of each day, furnish to the sheriff of the county a full, true and correct transcript of the record of all transactions had on the preceding day. The transcript must be furnished by mail or by any other means, including, without limitation, by electronic or facsimile transmission, as directed by the sheriff.

      (b) Any incorporated city shall, before 12 m. of each day, furnish to the chief of police of the city, a full, true and correct transcript of the record of all transactions had on the preceding day. The transcript must be furnished by mail or by any other means, including, without limitation, by electronic or facsimile transmission, as directed by the chief of police.

      2.  Every transcript prepared pursuant to subsection 1 must include, but is not limited to:

      (a) The date and time of each transaction; and

      (b) The identity of the secondhand dealer or employee who conducted the transaction.

Ê The person conducting the transaction shall legibly print or type his or her full name and write his or her signature on the transcript. Each transcript must include a certificate, signed by the person selling the property to the secondhand dealer, stating that the person has the legal right to sell the property.

      3.  Every secondhand dealer doing business in an unincorporated town or in an incorporated city having good cause to believe that any property in his or her possession has been previously lost or stolen shall forthwith report that fact to the sheriff or chief of police, respectively, together with the name of the owner if known, and the date when and the name of the person from whom the secondhand dealer received the property.

      4.  The provisions of subsection 1 do not apply to any transaction which involves buying, selling or trading used:

      (a) Books, periodicals , [or] sound recordings [;] or video recordings;

      (b) Clothing; or

      (c) Coins which are not part of any jewelry.

      Sec. 2.  This act becomes effective on July 1, 2019.

________

 


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ê2019 Statutes of Nevada, Page 40ê

 

CHAPTER 9, AB 169

Assembly Bill No. 169–Assemblymen Monroe-Moreno, Miller, Bilbray-Axelrod, Carrillo, Benitez-Thompson; Assefa, Backus, Carlton, Cohen, Duran, Frierson, Gorelow, Hansen, Jauregui, Krasner, Martinez, Munk, Neal, Nguyen, Peters, Spiegel, Swank, Thompson, Torres and Yeager

 

Joint Sponsors: Senators Ratti, Cannizzaro, D. Harris; Cancela, Dondero Loop, Scheible, Seevers Gansert, Spearman and Woodhouse

 

CHAPTER 9

 

[Approved: May 3, 2019]

 

AN ACT relating to maternal health; establishing the Maternal Mortality Review Committee; requiring the Committee to review each incident of maternal mortality and severe maternal morbidity in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the director or another authorized representative of an agency which provides child welfare services to organize one or more multidisciplinary teams to review certain deaths of children. (NRS 432B.405) Existing law also establishes the Executive Committee to Review the Death of Children to review the report and recommendations of a multidisciplinary team to review the death of a child. (NRS 432B.408, 432B.409) Section 6 of this bill establishes the Maternal Mortality Review Committee within the Department of Health and Human Services. Section 6 requires the Director of the Department to appoint various persons who are interested in maternal health and welfare as members of the Committee. Section 7 of this bill requires the Committee to: (1) review incidents of maternal mortality and, to the extent that resources are available, severe maternal morbidity in this State; (2) disseminate findings and recommendations concerning maternal mortality and severe maternal morbidity to providers of health care, medical facilities, other interested persons and the public; (3) publish an annual report consisting of data relating to maternal mortality and severe maternal morbidity; and (4) submit to the Legislature a biennial report containing a description of incidents reviewed by the Committee and recommendations to reduce maternal mortality and severe maternal morbidity in this State. Section 8 of this bill authorizes the Committee to take measures necessary to perform those duties, including consulting with interested persons and entering into contracts. Section 9 of this bill entitles the Committee to certain records it deems necessary to perform its duties and authorizes the Committee to petition the district court for a subpoena to compel the production of such records. Section 9 also provides that information acquired by and records of the Committee are confidential and not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding. Sections 9 and 10 of this bill provide that such records are not public records. Sections 9 and 11 of this bill provide that meetings of the Committee are closed to the public.

 

 

 

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 41 (CHAPTER 9, AB 169)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 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2. As used in sections 2 to 9, 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. “Committee” means the Maternal Mortality Review Committee established by section 6 of this act.

      Sec. 4. “Maternal mortality” means the death of a woman during pregnancy, childbirth or the 365 days immediately following the end of a pregnancy.

      Sec. 5. “Severe maternal morbidity” means an unexpected incident during childbirth that has a serious negative effect on the short-term or long-term health of the mother.

      Sec. 6. 1.  The Maternal Mortality Review Committee is hereby established within the Department of Health and Human Services.

      2.  The Director shall appoint to the Committee not less than 6 members and not more than 12 members who:

      (a) Are providers of health care, representatives of nonprofit organizations whose work is related to health care or women’s issues, representatives of agencies involved in vital statistics, law enforcement and public health and other persons interested in maternal health and welfare; and

      (b) Represent the racial, ethnic, linguistic and geographic diversity of this State.

      3.  The members of the Committee serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      4.  A majority of the members of the Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Committee.

      5.  A member of the Committee 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 to prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee 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 Committee to:

      (a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Committee; or

      (b) Take annual leave or compensatory time for the absence.

      6.  At the first meeting of the Committee and annually thereafter:

      (a) The Director shall appoint a Chair of the Committee;

      (b) The Committee shall elect a Secretary from among its members; and

      (c) The Committee shall adopt rules for its own management and government.

 


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ê2019 Statutes of Nevada, Page 42 (CHAPTER 9, AB 169)ê

 

      7.  The Committee shall meet at least twice each year and may meet at such further times as deemed necessary by the Chair.

      8.  A member of the Committee or an employee, agent or consultant of the Committee is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Committee. For the purposes of this subsection, any act which violates a provision of law concerning the privacy of information shall be deemed to be outside the scope of the duties of the Committee.

      9.  The Director may:

      (a) Apply for and accept gifts, grants or donations from any source for the purpose of carrying out the provisions of sections 2 to 9, inclusive, of this act; and

      (b) Adopt any regulations necessary to carry out the provisions of sections 2 to 9, inclusive, of this act.

      Sec. 7. 1.  The Committee shall:

      (a) Identify and review each incident of maternal mortality in this State, regardless of the cause of death. Such a review must include, without limitation and to the extent that such records exist, a review of relevant medical records, birth and death certificates, records of an autopsy, records created by a medical facility or provider of emergency medical services, records of a social services agency, mental health records and records of a law enforcement agency described in section 9 of this act.

      (b) Use the Maternal Mortality Review Information Application developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or, if that application ceases to exist, a similar application designated by the Director, to conduct reviews pursuant to paragraph (a).

      (c) Within the limits of available resources, review incidents and trends in severe maternal morbidity in this State.

      (d) Based on the reviews conducted pursuant to paragraphs (a) and (c), develop recommendations to prevent maternal mortality and severe maternal morbidity and disseminate findings and recommendations to providers of health care, medical facilities, other interested persons and entities and the public.

      (e) On or before April 1 of each year, compile and publish on an Internet website operated by the Department a report that consists of data concerning maternal mortality and severe maternal morbidity in this State during the immediately preceding year. Such data must be aggregated and presented in a manner that does not allow for the identification of any person.

      (f) On or before December 31 of each even-numbered year and in collaboration with the Chief Medical Officer, develop and submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report that includes, without limitation:

             (1) A description of the incidents of maternal mortality and severe maternal morbidity reviewed pursuant to paragraphs (a) and (c), respectively, during the immediately preceding 24 months, provided in a manner that does not allow for the identification of any person;

             (2) Plans for corrective action to reduce maternal mortality and severe maternal morbidity in this State; and

 


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ê2019 Statutes of Nevada, Page 43 (CHAPTER 9, AB 169)ê

 

             (3) Recommendations for any legislation or other changes to policy to reduce maternal mortality and severe maternal morbidity or otherwise improve the delivery of health care in this State.

      2.  As used in this section, “medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 8. The Committee may take any action necessary to carry out its duties, including, without limitation:

      1.  Consulting with experts and other interested persons to ensure the data collected is of the highest quality;

      2.  Entering into a contract or other agreement with any person or entity, including, without limitation, a college or university to assist the Committee with its organization and meetings, to collect, analyze and disseminate information or to assist in carrying out any other duty of the Committee;

      3.  Establishing subcommittees consisting of members of the Committee; and

      4.  Employing such persons as it deems necessary to carry out its duties.

      Sec. 9. 1.  The Committee is entitled to access to:

      (a) All final investigative information of law enforcement agencies regarding a maternal death or incident of severe maternal morbidity being investigated by the Committee for which the investigation by the law enforcement agency has been closed;

      (b) Any autopsy and coroner’s investigative records relating to the death or incident;

      (c) Any medical or mental health records of the mother;

      (d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the mother or the mother’s family; and

      (e) Any other records determined by the Committee to be necessary to perform its duties, except for records of a law enforcement agency not described in paragraph (a).

      2.  The Committee may, if appropriate, meet and share information with:

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

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

      3.  The Committee may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers described in subsection 1 that are relevant to the cause of any death or incident of severe maternal morbidity being investigated by the Committee. Except as otherwise provided in NRS 239.0115, any books, records or papers received by the Committee pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.

      4.  The Committee may use data collected concerning a maternal death or incident of severe maternal morbidity for the purpose of research or to prevent future maternal mortality and severe maternal morbidity if the data is aggregated and does not allow for the identification of any person.

 


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ê2019 Statutes of Nevada, Page 44 (CHAPTER 9, AB 169)ê

 

      5.  Except as otherwise provided in this section, information acquired by, and the records of, the Committee are confidential, are not public records, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.

      6.  The meetings of the Committee are closed to the public.

      Sec. 10. 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, 3.2203, 41.071, 49.095, 49.293, 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, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 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, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 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, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 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, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 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, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 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.

 


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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.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 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, 673.450, 673.480, 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, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 9 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

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

 


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      Sec. 11. NRS 241.016 is hereby amended to read as follows:

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

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

      (a) The Legislature of the State of Nevada.

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

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, and section 9 of this act, which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 12.  Notwithstanding the provisions of paragraph (e) of subsection 1 of section 7 of this act, the first report required by that paragraph must be published on an Internet website operated by the Department on or before April 1, 2021.

      Sec. 13.  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. 14.  This act becomes effective:

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

      2.  On January 1, 2020, for all other purposes.

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ê2019 Statutes of Nevada, Page 47ê

 

CHAPTER 10, AB 194

Assembly Bill No. 194–Assemblymen Tolles, Roberts; Carrillo, Gorelow, Hansen, Hardy, Krasner, Leavitt, Nguyen, Spiegel, Thompson and Titus

 

Joint Sponsors: Senators Seevers Gansert, Kieckhefer, Spearman; and Pickard

 

CHAPTER 10

 

[Approved: May 8, 2019]

 

AN ACT relating to children; revising the membership of the Nevada Early Childhood Advisory Council; requiring the Council to annually submit a report to the Governor and the Legislature; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Nevada Early Childhood Advisory Council and sets forth the minimum membership of the Council, who are required to be appointed by the Governor. The Governor is authorized to appoint such additional members to the Council as the Governor determines are necessary. (NRS 432A.076) Section 1 of this bill requires that the membership of the Council include a member who is a representative of the pediatric mental, physical or behavioral health care industry. Section 1 also requires the Council to annually submit a report to the Governor and to the Legislature, which must include a summary of the activities of the Council and any recommendations for improvements to the early childhood system in this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 432A.076 is hereby amended to read as follows:

      432A.076  1.  The Nevada Early Childhood Advisory Council is hereby established as the state advisory council on early childhood education and care required to be established pursuant to 42 U.S.C. § 9837b(b)(1)(A)(i). The membership of the Council must be appointed by the Governor and include, without limitation:

      (a) One member who is a representative of the Division of Public and Behavioral Health of the Department whose duties include responsibility for child care;

      (b) One member who is a representative of the Department of Education;

      (c) One member who is a representative of the Department of Education whose duties include responsibilities for programs under section 619 or part C of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;

      (d) One member who is a representative of the boards of trustees of the school districts in this State;

      (e) One member who is a representative of the Nevada System of Higher Education;

      (f) One member who is a representative of local providers of early childhood education and developmental services;

 


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ê2019 Statutes of Nevada, Page 48 (CHAPTER 10, AB 194)ê

 

      (g) One member who is a representative of Head Start agencies in this State, including, without limitation, migrant and seasonal Head Start programs and Indian Head Start programs;

      (h) One member who is appointed or designated pursuant to 42 U.S.C. § 9837b(a)(3)(A);

      (i) One member who is a representative of the Aging and Disability Services Division of the Department;

      (j) One member who is a representative of a nonprofit organization located in southern Nevada that provides early childhood education programs;

      (k) One member who is a representative of a nonprofit organization located in northern Nevada that provides early childhood education programs; [and]

      (l) One member who is a representative of the pediatric mental, physical or behavioral health care industry; and

      (m) Such other members as the Governor determines are appropriate.

      2.  The Council shall:

      (a) Work to strengthen state-level coordination and collaboration among the various sectors and settings of early childhood education programs.

      (b) Conduct periodic statewide assessments of needs relating to the quality and availability of programs and services for children who are in early childhood education programs.

      (c) Identify opportunities for and barriers to coordination and collaboration among early childhood education programs funded in whole or in part by the Federal Government, the State or a local government.

      (d) Develop recommendations for:

             (1) Increasing the participation of children in early childhood education programs funded in whole or in part by the Federal Government, the State or a local government, including, without limitation, providing information on such programs to underrepresented and special populations;

             (2) The establishment or improvement of core elements of the early childhood system in this State, including, without limitation, a statewide unified system for collecting data relating to early childhood education programs;

             (3) A statewide professional development system for teachers engaged in early childhood education; and

             (4) The establishment of statewide standards for early childhood education programs in this State.

      (e) Assess the capacity and effectiveness of institutions of higher education in this State in developing teachers in the field of early childhood education.

      (f) Establish, in cooperation with the State Board of Education, guidelines for evaluating the school readiness of children. The guidelines must:

             (1) Be based on national school readiness indicators;

             (2) Address the following components of school readiness:

                   (I) Physical and developmental health;

                   (II) Social and emotional development;

                   (III) Approaches to learning;

                   (IV) Language and early literacy development; and

                   (V) Cognition and general knowledge.

 


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ê2019 Statutes of Nevada, Page 49 (CHAPTER 10, AB 194)ê

 

      (g) Develop recommendations for increasing parental involvement and family engagement in early childhood education programs.

      (h) Perform such other duties relating to early childhood education programs as designated by the Governor.

      3.  On or before December 1 of each year, the Council shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care and the Legislative Committee on Education, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation, a summary of the activities of the Council and any recommendations for improvements to the early childhood system in this State.

      4.  The Council may accept gifts, grants and donations from any source for the support of the Council in carrying out the provisions of this section.

      Sec. 1.5.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 2.  This act becomes effective on July 1, 2019.

________

CHAPTER 11, AB 7

Assembly Bill No. 7–Committee on Government Affairs

 

CHAPTER 11

 

[Approved: May 8, 2019]

 

AN ACT relating to state purchasing; authorizing the Department of Transportation to execute certain contracts for the services of an independent contractor without filing the contracts with the State Board of Examiners for approval; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a contract entered into by a using agency for the services of an independent contractor must be approved by the State Board of Examiners before it becomes effective. Existing law exempts from this requirement contracts entered into by the Department of Transportation for any work of construction or reconstruction of highways. (NRS 333.700) This bill eliminates the requirement that a contract executed by the Department be for any work of construction or reconstruction of highways for the contract to be exempt from the requirement to obtain approval of the State Board of Examiners. Instead, this bill exempts all contracts for the services of a person as an independent contractor executed by the Department, except for certain contracts with current or former employees of the Department, from the requirement to obtain approval of the State Board of Examiners before becoming effective.

 

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 50 (CHAPTER 11, AB 7)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 333.700 is hereby amended to read as follows:

      333.700  1.  Except as otherwise provided in NRS 333.705, a using agency may contract for the services of a person as an independent contractor. Except as otherwise provided by specific statute, each such contract must be awarded pursuant to this chapter.

      2.  An independent contractor is a natural person, firm or corporation who agrees to perform services for a fixed price according to his, her or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.

      3.  For the purposes of this section:

      (a) Travel, subsistence and other personal expenses may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Those expenses must not be paid pursuant to the provisions of NRS 281.160.

      (b) There must be no:

             (1) Withholding of income taxes by the State;

             (2) Coverage for industrial insurance provided by the State;

             (3) Participation in group insurance plans which may be available to employees of the State;

             (4) Participation or contributions by either the independent contractor or the State to the Public Employees’ Retirement System;

             (5) Accumulation of vacation leave or sick leave; or

             (6) Coverage for unemployment compensation provided by the State if the requirements of NRS 612.085 for independent contractors are met.

      4.  An independent contractor is not in the classified or unclassified service of the State and has none of the rights or privileges available to officers or employees of the State of Nevada.

      5.  If the contract is for services for which a license, certificate, registration, permit or other type of authorization is required by law, an independent contractor must hold the appropriate, current authorization that is required by law for the services.

      6.  Except as otherwise provided in this subsection, each contract for the services of an independent contractor must be in writing. The form of the contract must be first approved by the Attorney General, and except as otherwise provided in subsection 8, an executed copy of each contract must be filed with the Fiscal Analysis Division of the Legislative Counsel Bureau and the Clerk of the State Board of Examiners. The State Board of Examiners may waive the requirements of this subsection in the case of contracts which are for amounts less than $2,000.

      7.  Except as otherwise provided in subsection 8, and except for contracts entered into by the Nevada System of Higher Education, each proposed contract with an independent contractor must be submitted to the State Board of Examiners. The contracts do not become effective without the prior approval of the State Board of Examiners, except that the State Board of Examiners may authorize its Clerk or a designee to approve contracts which are:

 


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ê2019 Statutes of Nevada, Page 51 (CHAPTER 11, AB 7)ê

 

      (a) For amounts less than $50,000; or

      (b) Entered into by the Nevada Gaming Control Board for the purposes of investigating an applicant for or holder of a gaming license.

      8.  Copies of the following types of contracts need not be filed or approved as provided in subsections 6 and 7:

      (a) Contracts executed by the Department of Transportation [for any work of construction or reconstruction of highways.] , other than contracts subject to the provisions of NRS 333.705 or 408.353.

      (b) Contracts executed by the State Public Works Division of the Department of Administration or any other state department or agency for any work of construction or major repairs of state buildings, if the contracting process was controlled by the rules of open competitive bidding.

      (c) Contracts executed by the Housing Division of the Department of Business and Industry.

      (d) Contracts executed with business entities for any work of maintenance or repair of office machines and equipment.

      9.  The State Board of Examiners shall review each contract submitted for approval pursuant to subsection 7 to consider:

      (a) Whether sufficient authority exists to expend the money required by the contract; and

      (b) Whether the service which is the subject of the contract could be provided by a state agency in a more cost-effective manner.

Ê If the contract submitted for approval continues an existing contractual relationship, the State Board of Examiners shall ask each agency to ensure that the State is receiving the services that the contract purports to provide.

      10.  If the services of an independent contractor are contracted for to represent an agency of the State in any proceeding in any court, the contract must require that the independent contractor identify in all pleadings the specific state agency which he or she is representing.

      11.  Except as otherwise provided in this subsection, a contract for the services of an independent contractor may be performed in parts or phases. A contract for the services of an independent contract must not be split into separate contracts for the purpose of avoiding any requirements for competitive bidding.

      12.  The State Board of Examiners may adopt regulations to carry out the provisions of this section.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2019 Statutes of Nevada, Page 52ê

 

CHAPTER 12, AB 9

Assembly Bill No. 9–Committee on Judiciary

 

CHAPTER 12

 

[Approved: May 8, 2019]

 

AN ACT relating to courts; revising provisions governing the proper venue or place of trial for certain small claims actions brought in the justice court; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under the Nevada Constitution, the justice court is a court of limited original jurisdiction that must be prescribed by statute, and the justice court cannot exercise jurisdiction that exceeds its statutory authorization. (Nev. Const. Art. 6, §§ 6, 8; Paschall v. State, 116 Nev. 911, 914-15 (2000)) Existing law: (1) gives the justice court original jurisdiction over small claims actions for the recovery of money only, in which the amount claimed does not exceed $10,000; and (2) establishes the proper venue or place of trial for small claims actions and requires that such actions must be brought in a township where the named defendant resides, does business or is employed. (NRS 73.010) Although the parties cannot, by consent, waive the jurisdiction of the justice court, a party may waive the proper venue or place of trial by failing to make a timely objection to the township where the action is adjudicated. (Vermillion v. Justice Ct. of Sparks Twp., 73 Nev. 262, 264 (1957); Paul v. Armstrong, 1 Nev. 82, 101 (1865))

      Section 1 of this bill revises the proper venue or place of trial for small claims actions by adding possible venues for such actions. Under section 1, all small claims actions may be tried in the township where the defendant resides, does business or is employed at the time the cause of action arose or at the time the complaint is filed. Additionally, in cases involving injury to the person or property, small claims actions also may be tried in the township where the injury occurred. Finally, in cases involving a contract to perform an obligation, small claims actions also may be tried in the township in which the obligation is or was to be performed.

 

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 73.010 is hereby amended to read as follows:

      73.010  [In] 1.  A justice of the peace has jurisdiction and may proceed as provided in this chapter and by rules of court in all cases arising in the justice court for the recovery of money only, where the amount claimed does not exceed $10,000 . [and]

      2.  An action brought pursuant to this chapter must be filed in one of the following townships as the proper venue for the action:

      (a) The township in which the defendant named [:

      1.  Is] is a resident [of;

      2.  Does] , does business [in;] or

      [3.  Is] is employed [in,

Ê the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.] at the time the cause of action arose or at the time the complaint is filed; or

      (b) In addition to any township described in paragraph (a):

 


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ê2019 Statutes of Nevada, Page 53 (CHAPTER 12, AB 9)ê

 

             (1) In a case involving injury to the person or property, the township where the injury was committed.

             (2) In a case involving a person who has contracted to perform an obligation at, or relating to, a particular place, the township in which the obligation is or was to be performed. For the purposes of this subparagraph, the township in which the obligation is incurred shall be deemed to be the township in which the obligation is or was to be performed, unless there is a special contract to the contrary.

________

CHAPTER 13, AB 12

Assembly Bill No. 12–Committee on Government Affairs

 

CHAPTER 13

 

[Approved: May 8, 2019]

 

AN ACT relating to veterans; replacing certain regulatory authority of the Department of Veterans Services with the authority to adopt policies and procedures; making various changes to the requirement for the Department to provide certain annual statistics; revising the requirements a person must possess to be appointed the Deputy Director for Health and Wellness of the Department; removing the requirements for the Director of the Department to provide certain assistance and materials to veterans and members of the military who are lesbian, gay, bisexual or transgender; removing requirements for the locations at which meetings of the Veterans Services Commission must be held; removing certain requirements concerning veterans’ cemeteries; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Director of the Department of Veterans Services to adopt such regulations as are necessary to carry out the provision that no veteran is denied eligibility for any program, service, benefit, activity or facility of a department, division, board, bureau, commission or agency of this State on the basis of the veteran’s status as a discharged veteran who is lesbian, gay, bisexual or transgender. (NRS 417.0185) Section 1 of this bill removes this regulatory authority and instead authorizes the Director to adopt such policies and procedures necessary to carry out the provision that no such denial of eligibility occurs.

      Existing law requires the Department of Veterans Services to provide annual statistics regarding certain information. (NRS 417.0194) Section 2 of this bill makes various changes to this requirement.

      Existing law requires that a person of the Department must have at least 4 years of experience in health care management or administration to be eligible for appointment as the Deputy Director for Health and Wellness. (NRS 417.030) Section 3 of this bill provides that such a person must have at least 4 years of experience in health care management or health care administration.

      Existing law requires the Director to provide certain assistance to and develop and distribute certain informational materials to veterans and members of the military who are lesbian, gay, bisexual or transgender. (NRS 417.093) Section 4 of this bill removes these requirements.

 


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      Existing law requires the meetings of the Veterans Services Commission be held: (1) in Las Vegas; (2) in Reno; or (3) at any other location if conducted by teleconference. (NRS 417.170) Section 5 of this bill removes the requirement for meetings to be held at certain locations.

      Existing law requires the Director to establish, operate and maintain a veterans’ cemetery in northern Nevada and a veterans’ cemetery in southern Nevada. Existing law additionally requires a person who desires to provide voluntary services to further the establishment, maintenance or operation of either of the cemeteries to submit a written offer to the cemetery superintendent which describes the nature of the services. (NRS 417.200) Section 6 of this bill removes these requirements. Section 7 of this bill makes conforming changes.

      Existing law: (1) authorizes the Director to employ such clerical and stenographical assistance as necessary; (2) authorizes the Director to purchase necessary office equipment and supplies; and (3) provides that the Director is entitled to receive reimbursement for necessary travel and miscellaneous administrative expenses. (NRS 417.080) Existing law further authorizes the Director and each deputy director to administer oaths to certain persons and certify certain documents. (NRS 417.100) Existing law additionally provides that a majority of the Nevada Veterans Services Commission constitutes a quorum for the purpose of transacting any business. (NRS 417.180) Existing law also sets forth certain legislative declarations concerning veterans who are women. (NRS 417.300) Section 10 of this bill repeals these provisions. Section 8 of this bill makes conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 417.0185 is hereby amended to read as follows:

      417.0185  1.  No veteran may be denied eligibility for any program, service, benefit, activity or facility of a department, division, board, bureau, commission or agency of this State or any political subdivision of this State which provides a program, service, benefit, activity or facility to veterans for which the veteran would otherwise be eligible solely on the basis of the veteran’s status as a discharged veteran who is lesbian, gay, bisexual or transgender.

      2.  The Director may adopt such [regulations] policies and procedures as are necessary to carry out the provisions of this section.

      3.  As used in this section, “veteran” means a resident of this State who meets the qualifications of subsection 1 of NRS 417.005.

      Sec. 2. NRS 417.0194 is hereby amended to read as follows:

      417.0194  1.  Each state agency and regulatory body identified in subsections 2 to 16, inclusive, shall report, subject to any limitations or restrictions contained in any state or federal law governing the privacy or confidentiality of records, the data identified in subsections 2 to 17, inclusive, as applicable, to the Interagency Council on Veterans Affairs. Each state agency and regulatory body shall submit such information for the immediately preceding fiscal year to the Council not later than November 30 of each year and shall provide the information in aggregate and in digital form, and in a manner such that the data is capable of integration by the Council.

      2.  The Department of Veterans Services shall provide annual statistics regarding:

 


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      (a) The distribution of expenditures in this State by the United States Department of Veterans Affairs;

      (b) The number of veterans who receive care [or other services] at a veterans’ home operated by the State;

      (c) The number of interments and other services provided by the veterans’ cemeteries in this State;

      (d) The total number of veterans service officers who are located in this State, by zip code;

      (e) The number of claims filed on behalf of veterans and the family members of veterans by veterans service officers in this State;

      (f) The amount of annual payments in the form of disability compensation and pension benefits made to veterans and the family members of veterans in this State as a result of claims filed by any veterans service officers [;] employed or managed by the Department of Veterans Services;

      (g) The number of persons who participate as advocates for veterans in this State in a volunteer program sponsored by the Department of Veterans Services, by zip code;

      (h) The number of employers in this State who participate in a program sponsored by the Department of Veterans Services that facilitates the employment of veterans; and

      (i) The number of events sponsored or supported by the Department of Veterans Services held in this State to provide outreach to veterans regarding benefits, claims and services, segregated by the geographical location of each event.

      3.  The Department of Administration shall provide:

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

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

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

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

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

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

      5.  The Department of Corrections shall provide:

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

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

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

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

 


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

      (a) The average number of veterans served by a veteran employment specialist of the Department of Employment, Training and Rehabilitation per week;

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

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

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

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

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

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

      10.  The Department of Motor Vehicles shall provide:

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

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

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

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

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

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

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

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

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

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

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

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

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

      16.  Each regulatory body shall provide the total number of veterans and service members who have:

      (a) Applied for a license from the regulatory body.

      (b) Been issued a license by the regulatory body.

      (c) Renewed a license with the regulatory body.

      17.  Each state agency and regulatory body identified in subsections 2 to 16, inclusive, shall ensure that the form used to collect data from a veteran, including, without limitation, a digital form posted on an Internet website, includes the following questions:

 


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      (a) “Have you ever served on active duty in the Armed Forces of the United States and separated from such service under conditions other than dishonorable?”

      (b) “Have you ever been assigned to duty for a minimum of 6 continuous years in the National Guard or a reserve component of the Armed Forces of the United States and separated from such service under conditions other than dishonorable?”

      (c) “Have you ever served the Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States in the capacity of a commissioned officer while on active duty in defense of the United States and separated from such service under conditions other than dishonorable?”

      18.  The Council shall, upon receiving the information submitted pursuant to this section and NRS 612.237, synthesize and compile the information, including any recommendations of the Council, and submit the information with the report submitted pursuant to subsection 8 of NRS 417.0195.

      19.  As used in this section:

      (a) “License” has the meaning ascribed to it in NRS 622.030.

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

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

      (d) “Veterans service officer” means a person who is accredited or otherwise officially recognized by the United States Department of Veterans Affairs to assist veterans with filing claims for benefits and related matters.

      Sec. 3. NRS 417.030 is hereby amended to read as follows:

      417.030  1.  The office of Director of the Department of Veterans Services is hereby created.

      2.  The Director must be appointed by and serves at the pleasure of the Governor.

      3.  The Director shall appoint such deputy directors as are necessary to assist the Director in performing the duties prescribed in this chapter, including, without limitation, a Deputy Director for Programs and Services and a Deputy Director for Health and Wellness.

      4.  Any person to be eligible for appointment as the Director or the Deputy Director for Programs and Services must:

      (a) Be an actual and bona fide resident of the State of Nevada;

      (b) Possess an honorable discharge from some branch of the military and naval service of the United States; and

      (c) Have at least 4 years of experience in management or administration.

      5.  Except as otherwise provided in this subsection, any person to be eligible for appointment as the Deputy Director for Health and Wellness must:

      (a) Be an actual and bona fide resident of the State of Nevada;

      (b) Possess an honorable discharge from some branch of the military and naval service of the United States; and

      (c) Have at least 4 years of experience in health care management or health care administration.

Ê If no person is available for appointment who possesses all the qualifications required by this subsection, the Director may waive the qualification set forth in paragraph (b) for a person who is otherwise qualified for appointment pursuant to paragraphs (a) and (c).

 


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      Sec. 4. NRS 417.093 is hereby amended to read as follows:

      417.093  1.  The Director shall [:

      (a) Conduct] conduct outreach to, and provide assistance designed for the unique needs of, veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents [.

      (b) Provide assistance to a veteran who is lesbian, gay, bisexual or transgender] , including, without limitation, providing assistance in applying for an upgrade to the character of the veteran’s discharge from service or a change in the narrative reason for the veteran’s discharge from service.

      [(c) Provide assistance in applying for and obtaining benefits which are available through agencies and programs that provide services and resources to veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents.

      (d) Provide assistance to veterans and members of the military who are lesbian, gay, bisexual or transgender in applying for, and in appealing any denial of, federal and state benefits for veterans and members of the military and aid to which those veterans, members of the military and their spouses and dependents may be entitled.

      (e) Develop and distribute informational materials to veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents regarding benefits which are available through agencies and programs that provide services and resources to veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents.]

      2.  As used in this section, “veteran” means a resident of this State who meets the qualifications of subsection 1 of NRS 417.005.

      Sec. 5. NRS 417.170 is hereby amended to read as follows:

      417.170  1.  The Nevada Veterans Services Commission shall meet at least four times and not more than eight times every fiscal year.

      2.  Meetings of the Veterans Services Commission may be held at the call of the Chair whenever the Chair determines that there is sufficient business to warrant action by the Veterans Services Commission or whenever five members of the Veterans Services Commission submit a written request for a meeting.

      3.  [Meetings of the Veterans Services Commission must be held:

      (a) In Las Vegas;

      (b) In Reno; or

      (c) At any other location if conducted by teleconference.

      4.]  Notice of the time, place and purpose of all meetings must be given in writing to each member at least 5 days before the meeting.

      Sec. 6. NRS 417.200 is hereby amended to read as follows:

      417.200  1.  [The Director shall establish, operate and maintain a veterans’ cemetery in northern Nevada and a veterans’ cemetery in southern Nevada, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries.] The Director shall employ a cemetery superintendent to operate and maintain each veterans’ cemetery.

      2.  The cemetery superintendent shall, if a veteran does not indicate by testamentary instrument that the veteran desires to have the area immediately above and surrounding the interred remains of the veteran landscaped with xeriscaping, or if an application for interment submitted pursuant to NRS 417.210 does not indicate that the veteran desires to have the area immediately above and surrounding the interred remains of the veteran landscaped with xeriscaping, ensure that the area immediately above and surrounding the interred remains of the veteran in the veterans’ cemetery is landscaped with natural grass.

 


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NRS 417.210 does not indicate that the veteran desires to have the area immediately above and surrounding the interred remains of the veteran landscaped with xeriscaping, ensure that the area immediately above and surrounding the interred remains of the veteran in the veterans’ cemetery is landscaped with natural grass.

      [3.  A person desiring to provide voluntary services to further the establishment, maintenance or operation of either of the cemeteries shall submit a written offer to the cemetery superintendent which describes the nature of the services. The cemetery superintendent shall consider all such offers and approve those he or she deems appropriate. The cemetery superintendent shall coordinate the provision of all services so approved.]

      Sec. 7. NRS 417.220 is hereby amended to read as follows:

      417.220  1.  The Account for Veterans Affairs is hereby created in the State General Fund.

      2.  Money received by the Director from:

      (a) Fees charged pursuant to NRS 417.210;

      (b) Allowances for burial from the United States Department of Veterans Affairs or other money provided by the Federal Government for the support of veterans’ cemeteries;

      (c) Receipts from the sale of gifts and general merchandise;

      (d) Grants obtained by the Director for the support of veterans’ cemeteries; and

      (e) Except as otherwise provided in subsection 6 and NRS 417.115, 417.145, 417.147 and 417.410, gifts of money and proceeds derived from the sale of gifts of personal property that he or she is authorized to accept, if the use of such gifts has not been restricted by the donor,

Ê must be deposited with the State Treasurer for credit to the Account for Veterans Affairs and must be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, whichever is appropriate.

      3.  The interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on money appropriated from the State General Fund to the Account for Veterans Affairs.

      4.  The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected. In addition to personnel he or she is [authorized] required to employ pursuant to NRS 417.200, the Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans’ cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.

      5.  Except as otherwise provided in subsection 7, gifts of personal property which the Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.

      6.  The Gift Account for Veterans Cemeteries is hereby created in the State General Fund. Gifts of money that the Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ cemetery must be accounted for separately in the Gift Account for Veterans Cemeteries.

 


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cemetery must be accounted for separately in the Gift Account for Veterans Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.

      7.  The Director shall use gifts of money or personal property that he or she is authorized to accept and for which the donor has restricted to one or more uses at a veterans’ cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans’ cemetery in northern Nevada or the veterans’ cemetery in southern Nevada, as appropriate.

      Sec. 8. NRS 417.310 is hereby amended to read as follows:

      417.310  As used in this section and NRS [417.300 to] 417.320 and 417.330, [inclusive,] unless the context otherwise requires, “Committee” means the Women Veterans Advisory Committee created by NRS 417.320.

      Sec. 9.  Any regulations adopted by the Department of Veterans Services that conflict with the amendatory provisions of this act are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the passage and approval of this act.

      Sec. 10. NRS 417.080, 417.100, 417.180 and 417.300 are hereby repealed.

      Sec. 11.  This act becomes effective upon passage and approval.

________

CHAPTER 14, AB 24

Assembly Bill No. 24–Committee on Growth and Infrastructure

 

CHAPTER 14

 

[Approved: May 8, 2019]

 

AN ACT relating to security bonds; limiting the type of bonds that will be accepted by the Department of Motor Vehicles as a form of security required to be posted with the Department for certain purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law a person who is required to provide security to the State with a surety bond or cash payment may, in lieu of such a bond or payment, deposit with the State Treasurer bonds of the United States or of the State of Nevada of an actual market value of not less than the amount of the required surety bond or cash payment. (NRS 100.065) Section 7 of this bill prohibits the Department of Motor Vehicles from accepting bonds of the United States or of the State of Nevada in lieu of a surety bond or cash payment required to be deposited with the Department as security to the State.

 


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      Existing law requires that security be provided to the Department by a person who obtains licensure or registration from the Department as: (1) a manufacturer, rebuilder, distributor, dealer, broker, salesperson or lessor of vehicles; (2) an automobile wrecker; (3) a salvage pool; (4) a garage or garage operator; (5) a body shop; and (6) a manufacturer, lessor or dealer of off-highway vehicles. (NRS 482.346, 487.060, 487.420, 487.563, 487.640, 490.280) Sections 1-6 of this bill provide that such licensees are not authorized to provide security to the Department by way of bonds of the United States or of the State of Nevada.

      Section 8 of this bill provides that this bill becomes effective on October 1, 2019 except that upon passage and approval of this bill, the Department is authorized to adopt regulations and perform other administrative tasks necessary to carry out the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.346 is hereby amended to read as follows:

      482.346  1.  In lieu of a bond, an applicant may deposit with the Department, under terms prescribed by the Department:

      (a) A like amount of lawful money of the United States ; [or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department;] or

      (b) A savings certificate of a bank, credit union, savings and loan association or savings bank situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by NRS 482.345 and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the amount accrues to the account of the applicant.

      2.  Except as otherwise provided in subsection 3, a deposit made pursuant to subsection 1 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      3.  A deposit made pursuant to subsection 1 in lieu of a bond required by NRS 482.345 may only be disbursed to compensate a consumer. As used in this subsection, “consumer” has the meaning ascribed to it in NRS 482.345.

      4.  When a deposit is made pursuant to subsection 1, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1 of NRS 482.345;

      (b) Restores the deposit with the Department to the original amount required under this section; or

 


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      (c) Satisfies the outstanding judgment for which the licensee is liable under the deposit.

      5.  A deposit made pursuant to subsection 1 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      6.  Any money received by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 2. NRS 487.060 is hereby amended to read as follows:

      487.060  1.  No license may be issued to an automobile wrecker until the automobile wrecker has procured and filed with the Department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant conducts business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of NRS 487.047 to 487.200, inclusive, or 487.710 to 487.890, inclusive. The Department may, by agreement with any automobile wrecker who has been licensed for 5 years or more by the Department or a department of motor vehicles in another state, reduce the amount of the bond of the wrecker, if the business of that wrecker has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000. The Department shall make the necessary investigation to determine whether a wrecker licensed in another state has conducted its business satisfactorily.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of NRS 487.047 to 487.200, inclusive, or 487.710 to 487.890, inclusive, may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an automobile wrecker may deposit with the Department, under the terms prescribed by the Department:

      (a) A like amount of lawful money [or bonds] of the United States ; [or of the State of Nevada of an actual market value of not less than the amount fixed by the Department;] or

      (b) A savings certificate of a bank, credit union, savings and loan association or savings bank situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

 


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      (a) A court order requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person in whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he or she is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the Department pursuant to subsection 4 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 3. NRS 487.420 is hereby amended to read as follows:

      487.420  1.  No applicant may be granted a license to operate a salvage pool until he or she has procured and filed with the Department a good and sufficient bond in the amount of $50,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant conducts business as an operator of a salvage pool without fraud or fraudulent representation, and without violation of the provisions of NRS 487.400 to 487.510, inclusive. The Department may, by agreement with any operator of a salvage pool who has been licensed by the Department for 5 years or more, allow a reduction in the amount of his or her bond, if his or her business has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $5,000.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the operator of the salvage pool in violation of any of the provisions of NRS 487.400 to 487.510, inclusive, may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an operator of a salvage pool may deposit with the Department, under the terms prescribed by the Department:

      (a) A like amount of lawful money [or bonds] of the United States ; [or of the State of Nevada of an actual market value of not less than the amount fixed by the Department;] or

 


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      (b) A savings certificate of a bank, credit union, savings and loan association or savings bank situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which the licensee is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      8.  Any money received by the Department pursuant to subsection 4 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 4. NRS 487.563 is hereby amended to read as follows:

      487.563  1.  Each person who submits an application for registration pursuant to the provisions of NRS 487.560 shall file with the Department a bond in the amount of $5,000, with a corporate surety for the bond that is licensed to do business in this State. The form of the bond must be approved by the Attorney General and be conditioned upon whether the applicant conducts business as an owner or operator of a garage without fraud or fraudulent representation and in compliance with the provisions of NRS 487.530 to 487.690, inclusive.

      2.  The bond must be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the garage operator may:

      (a) Apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid.

 


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determine the amount of compensation and the person to whom it is to be paid. The surety shall then make payment.

      (b) Present to the Director an order of a court requiring the Director to pay to the person an amount of compensation from the bond. The Director shall inform the surety, and the surety shall then make payment.

      4.  In lieu of a bond required to be filed pursuant to the provisions of subsection 1, a person may deposit with the Department, pursuant to the terms prescribed by the Department:

      (a) A like amount of lawful money [or bonds] of the United States ; [or of the State of Nevada of an actual market value of not less than the amount fixed by the Department;] or

      (b) A savings certificate of a bank, savings and loan association or savings bank located in this State, which must indicate an account of an amount equal to the amount of the bond that would otherwise be required pursuant to this section and that the amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the garage operator or released upon receipt of:

      (a) An order of a court requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting that the Director release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  If a person fails to comply with an order of a court that relates to the repair of a motor vehicle, or fails to pay or otherwise discharge any final judgment rendered and entered against the person or any court order issued and arising out of the repair of a motor vehicle in the operation of a garage, the Department shall revoke or refuse to renew the certificate of registration of the person who failed to comply with the order or satisfy the judgment.

      7.  The Department may reinstate or renew a certificate of registration that is revoked pursuant to the provisions of subsection 6 if the person whose certificate of registration is revoked complies with the order of the court.

      8.  A garage operator whose registration has been revoked pursuant to the provisions of subsection 6 shall furnish to the Department a bond in the amount specified in subsection 1 before the reinstatement of his or her registration.

      Sec. 5. NRS 487.640 is hereby amended to read as follows:

      487.640  1.  No license may be issued to an operator of a body shop until the operator procures and files with the Department a good and sufficient bond in the amount of $10,000, with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant shall conduct business as an operator of a body shop without fraud or fraudulent representation, and in compliance with the provisions of NRS 487.530 to 487.690, inclusive. The Department may, by agreement with any operator of a body shop who has been licensed by the Department for 5 years or more, allow a reduction in the amount of the bond of the operator, if the business of the operator has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $1,000.

 


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amount of the bond of the operator, if the business of the operator has been conducted satisfactorily for the preceding 5 years, but no bond may be in an amount less than $1,000.

      2.  The bond may be continuous in form and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      3.  The bond must provide that any person injured by the action of the operator of the body shop in violation of any of the provisions of NRS 487.530 to 487.690, inclusive, may apply to the Director for compensation from the bond. The Director, for good cause shown and after notice and opportunity for hearing, may determine the amount of compensation and the person to whom it is to be paid. The surety shall then make the payment.

      4.  In lieu of a bond an operator of a body shop may deposit with the Department, under the terms prescribed by the Department:

      (a) A like amount of lawful money [or bonds] of the United States ; [or of the State of Nevada of an actual market value of not less than the amount fixed by the Department;] or

      (b) A savings certificate of a bank, credit union, savings and loan association or savings bank situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by this section and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the certificate accrues to the account of the applicant.

      5.  A deposit made pursuant to subsection 4 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) An order of a court requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      6.  When a deposit is made pursuant to subsection 4, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding judgment of a court for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which he or she is liable under the deposit.

      7.  A deposit made pursuant to subsection 4 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

 


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      8.  Any money received by the Department pursuant to subsection 4 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 6. NRS 490.280 is hereby amended to read as follows:

      490.280  1.  In lieu of a bond, an applicant may deposit with the Department, under terms prescribed by the Department:

      (a) A like amount of lawful money of the United States ; [or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department;] or

      (b) A savings certificate of a bank, credit union, savings and loan association or savings bank situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by NRS 490.270 and indicate that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the amount accrues to the account of the applicant.

      2.  A deposit made pursuant to subsection 1 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      3.  When a deposit is made pursuant to subsection 1, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

      (a) Files an additional bond pursuant to subsection 1 of NRS 490.270;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which the licensee is liable under the deposit.

      4.  A deposit made pursuant to subsection 1 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      5.  Any money received by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 7. NRS 100.065 is hereby amended to read as follows:

      100.065  1.  In lieu of any cash payment or surety bond required as protection for the State of Nevada, the person required to provide the cash payment or surety bond may deposit with the State Treasurer, unless a different custodian is named by specific statute:

 


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      (a) [Bonds] Except as otherwise provided in subsection 4, bonds of the United States or of the State of Nevada of an actual market value of not less than the amount of the required cash payment or surety bond;

      (b) A letter of credit from a bank, savings bank, credit union or savings and loan association situated in Nevada, which meets the requirements set for that purpose by the State Treasurer; or

      (c) A savings certificate, certificate of deposit or investment certificate of a bank, savings bank, credit union or savings and loan association situated in Nevada, which must indicate an account of an amount not less than the amount of the required cash payment or surety bond and, except as otherwise provided by specific statute, that the amount is not available for withdrawal except by direct order of the State Treasurer.

      2.  Whenever a savings certificate, certificate of deposit or investment certificate is deposited as provided in this section, interest earned on the certificate accrues to the account of the depositor.

      3.  If a surety bond is provided as protection for the State of Nevada, the bond must be issued by an insurer who is authorized or otherwise allowed under title 57 of NRS to issue such a bond pursuant to title 57 of NRS.

      4.  The Department of Motor Vehicles shall not accept bonds of the United States or of the State of Nevada in lieu of any cash payment or surety bond required to be deposited with the Department as protection for the State of Nevada.

      Sec. 8.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, and on October 1, 2019, for all other purposes.

________

CHAPTER 15, AB 31

Assembly Bill No. 31–Committee on Government Affairs

 

CHAPTER 15

 

[Approved: May 8, 2019]

 

AN ACT relating to common-interest communities; requiring an applicant for a certificate as a community manager or registration as a reserve study specialist to submit an application and undergo a background investigation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person to hold a certificate issued by the Real Estate Division of the Department of Business and Industry before providing for or otherwise engaging in the management of a common-interest community or the management of an association of a condominium hotel. (NRS 116A.400) Existing law also requires a person to be registered by the Division before acting as a reserve study specialist. (NRS 116A.420) Section 1 of this bill requires an applicant for such a certificate or registration to apply to the Division and, as part of the application, to submit fingerprints to the Division or the Central Repository for Nevada Records of Criminal History to allow the Federal Bureau of Investigation to conduct an investigation of the applicant’s background. Sections 2 and 3 of this bill delete provisions authorizing the Commission for Common-Interest Communities and Condominium Hotels to adopt regulations requiring the investigation of an applicant’s background. (NRS 116A.410)

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 116A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each person who seeks to obtain a certificate, including, without limitation, a temporary certificate, or a registration must:

      (a) Apply to the Division in the form prescribed by the Division.

      (b) As part of the application and at his or her own expense:

             (1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

             (2) Submit to the Division:

                   (I) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary for a report on the applicant’s background; or

                   (II) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary for a report on the applicant’s background.

      2.  The Division may:

      (a) Submit any fingerprints received pursuant to subsection 1 to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Division deems necessary; and

      (b) Request from each agency to which the Division submits the fingerprints any information regarding the applicant’s background as the Division deems necessary.

      3.  An application shall not be deemed to be complete until the Division has received a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section.

      Sec. 2. NRS 116A.410 is hereby amended to read as follows:

      116A.410  1.  The Commission shall by regulation provide for the issuance by the Division of certificates. The regulations:

      (a) Must establish the qualifications for the issuance of such a certificate, including, without limitation, the education and experience required to obtain such a certificate. The regulations must include, without limitation, provisions that:

 


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             (1) Provide for the issuance of a temporary certificate for a 1-year period to a person who:

                   (I) Holds a professional designation in the field of management of a common-interest community from a nationally recognized organization;

                   (II) Provides evidence that the person has been engaged in the management of a common-interest community for at least 5 years; and

                   (III) Has not been the subject of any disciplinary action in another state in connection with the management of a common-interest community.

             (2) Except as otherwise provided in subparagraph (3), provide for the issuance of a temporary certificate for a 1-year period to a person who:

                   (I) Receives an offer of employment as a community manager from an association or its agent; and

                   (II) Has management experience determined to be sufficient by the executive board of the association or its agent making the offer in sub-subparagraph (I). The executive board or its agent must have sole discretion to make the determination required in this sub-subparagraph.

             (3) Require a temporary certificate described in subparagraph (2) to expire before the end of the 1-year period if the certificate holder ceases to be employed by the association, or its agent, which offered the person employment as described in subparagraph (2).

             (4) Require a person who is issued a temporary certificate as described in subparagraph (1) or (2) to successfully complete not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act within the 1-year period.

             (5) Provide for the issuance of a certificate at the conclusion of the 1-year period if the person:

                   (I) Has successfully completed not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act; and

                   (II) Has not been the subject of any disciplinary action pursuant to this chapter or chapter 116 of NRS or any regulations adopted pursuant thereto.

             (6) Provide that a temporary certificate described in subparagraph (1) or (2) and a certificate described in subparagraph (5):

                   (I) Must authorize the person who is issued a temporary certificate described in subparagraph (1) or (2) or certificate described in subparagraph (5) to act in all respects as a community manager and exercise all powers available to any other community manager without regard to experience; and

                   (II) Must not be treated as a limited, restricted or provisional form of a certificate.

      (b) May require applicants to pass an examination in order to obtain a certificate other than a temporary certificate described in paragraph (a). If the regulations require such an examination, the Commission shall by regulation establish fees to pay the costs of the examination, including any costs which are necessary for the administration of the examination.

      (c) Must establish a procedure for a person who was previously issued a certificate and who no longer holds a certificate to reapply for and obtain a new certificate without undergoing any period of supervision under another community manager, regardless of the length of time that has passed since the person last acted as a community manager.

 


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      (d) [May require an investigation of an applicant’s background. If the regulations require such an investigation, the Commission shall by regulation establish fees to pay the costs of the investigation.

      (e)] Must establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate.

      [(f)](e) Must establish rules of practice and procedure for conducting disciplinary hearings.

      [(g)](f) Must establish the qualifications for the renewal of a certificate, including, without limitation, the hours of continuing education required to obtain such a renewal. The regulations must include, without limitation, provisions that:

             (1) Require the certificate to be renewed biennially.

             (2) Authorize the satisfaction of not more than 5 of the required hours of continuing education, which must be designated as instruction relating to the provisions of this chapter and chapter 116 of NRS and any regulations adopted pursuant thereto, in increments of 1 hour, within the 2 years immediately preceding the date on which the certificate expires by:

                   (I) Observation of a disciplinary hearing conducted by the Commission, the hours of attendance at which may be used to fulfill any hours of instruction relating to federal, state or local laws and regulations applicable to the management of a common-interest community the Commission may require; or

                   (II) With the permission of the parties involved, attendance as an observer at any mediation, arbitration or other process of alternative dispute resolution arising from a claim which is within the jurisdiction of the Division.

      2.  The Division may collect a fee for the issuance of a certificate in an amount not to exceed the administrative costs of issuing the certificate.

      3.  As used in this section, “management experience” means experience in a position in business or government, including, without limitation, in the military:

      (a) In which the person holding the position was required, as part of holding the position, to engage in one or more management activities, including, without limitation, supervision of personnel, development of budgets or financial plans, protection of assets, logistics, management of human resources, development or training of personnel, public relations, or protection or maintenance of facilities; and

      (b) Without regard to whether the person holding the position has any experience managing or otherwise working for an association.

      Sec. 3. NRS 116A.430 is hereby amended to read as follows:

      116A.430  1.  The Commission shall by regulation provide for the registration by the Division of reserve study specialists. The regulations:

      (a) Must establish the qualifications for registration, including, without limitation, the education and experience required for registration.

      (b) May require applicants to pass an examination for registration. If the regulations require such an examination, the Commission shall by regulation establish fees to pay the costs of the examination, including any costs which are necessary for the administration of the examination.

 


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      (c) [May require an investigation of an applicant’s background. If the regulations require such an investigation, the Commission shall by regulation establish fees to pay the costs of the investigation.

      (d)] Must establish the grounds for initiating disciplinary action against a person who has registered, including, without limitation, the grounds for placing conditions, limitations or restrictions on registration and for the suspension or revocation of registration.

      [(e)](d) Must establish rules of practice and procedure for conducting disciplinary hearings.

      2.  The Division may collect a fee for registration in an amount not to exceed the administrative costs of registration.

      Sec. 4.  This act becomes effective:

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

      2.  On July 1, 2019, for all other purposes.

________

CHAPTER 16, AB 63

Assembly Bill No. 63–Committee on Growth and Infrastructure

 

CHAPTER 16

 

[Approved: May 8, 2019]

 

AN ACT relating to vehicles; revising the authority of the Director of the Department of Motor Vehicles to designate the county assessor of a county as an agent to carry out the duties of the Department in that county; revising provisions governing the compensation which must be provided by contract to certain agents appointed by the Department; prohibiting a person from using the name, service marks, trademarks or logo of the Department under certain circumstances; authorizing a vehicle dealer to inspect a moped for the purposes of registration under certain circumstances; authorizing the Director of the Department to contract with a vendor to produce license plates under certain circumstances; clarifying provisions relating to the distribution of certain fees from the Pollution Control Account; revising provisions governing the information which must be included in an application for the issuance of special license plates to a person with a permanent disability; repealing provisions relating to the retention and disposition of certain records of the Department; providing a penalty; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Under existing law, the Department of Motor Vehicles is authorized to appoint by contract any person or public agency as an agent to assist the Department in carrying out certain duties. The Department is also authorized specifically to designate the county assessor of any county as such an agent of the Department. (NRS 482.160) Section 1 of this bill removes the specific authority regarding assessors as redundant with the general authority. Section 1 also: (1) revises the compensation that certain agents appointed by the Department must be provided under a contract; and (2) newly provides that no person may use the name, service marks, trademarks or logo of the Department in an advertisement, unless the person is an appointed agent of the Department and has obtained the written permission of the Department for such use. Existing law makes a violation of this prohibition a misdemeanor. (NRS 482.555)

      Existing law requires a person registering a moped to allow the Department to inspect the moped to verify that it meets the relevant definition of moped. A person who resides in a county where there is no office of the Department may instead allow a sheriff or deputy sheriff to conduct such an inspection. (NRS 482.2155) Section 2 of this bill authorizes a new vehicle dealer or a used vehicle dealer who sells a moped to conduct such an inspection for the purchaser, and the applicant to submit to the Department verification of such inspection certifying that the moped meets the relevant definition. Section 10 of this bill makes a conforming change.

      Existing law requires the Director of the Department to utilize the facility for the production of license plates, which is located at the Department of Corrections, to produce all license plates required by the Department. (NRS 482.267) Section 3 of this bill authorizes the Director to contract with a vendor for the production of license plates if the license plates require technological or mechanical processes which are not available at the facility.

      Under existing law, certain older vehicles which are eligible for certain special license plates are exempted from required emissions testing if the owner or operator of the vehicle certifies to the Department that the vehicle was not driven more than 5,000 miles during the immediately preceding year. The Department is required to collect from the person initially obtaining the special license plates for such a vehicle an additional fee which is equal to the fee the person would pay for the emissions testing form. The fees paid to the Department under such conditions must be accounted for in the Pollution Control Account. (NRS 445B.760, 445B.830, 482.381, 482.3812, 482.3814, 482.3816) Sections 4-7 and 11 of this bill clarify that the fees deposited in the Pollution Control Account must be distributed in the same manner and in the same proportion to the respective counties as all other excess money in the Account.

      Under existing law, a person with a permanent disability is eligible to apply to the Department for a special license plate, placard or sticker which authorizes the person to park his or her vehicle in parking spaces designated for persons who are handicapped. (NRS 482.384, 484B.463, 484B.467) Section 9 of this bill adds to the list of documents a person may present to the Department to obtain such a special license plate, placard or sticker, a certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates the applicant has incurred a qualifying service-connected disability that meets a certain definition. (NRS 482.0962) Section 8 of this bill makes a conforming change to the relevant definition of “person with a permanent disability.”

      Existing law requires the Department to retain certain original certificates of title and forms for a power of attorney for at least 1 year. (NRS 482.173) Section 12 of this bill repeals that requirement.

 

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 74 (CHAPTER 16, AB 63)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.160 is hereby amended to read as follows:

      482.160  1.  The Director may adopt and enforce such administrative regulations as are necessary to carry out the provisions of this chapter.

      2.  The Director may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the Department pursuant to this chapter. [The Director may designate the county assessor of any county as agent to assist in carrying out the duties of the Department in that county. The county assessor may, under an agreement with the Department made pursuant to this subsection, transfer his or her duties as agent to the Department where the Department has established a branch office, consisting of full-time employees, in the county.]

      3.  Except as otherwise provided in this subsection, the contract with each agent appointed by the Department in connection with the registration of motor vehicles and issuance of license plates [must] may provide for compensation based upon the reasonable value of the services of the agent but must not exceed $2 for each registration. An authorized inspection station or authorized station that issues certificates of registration pursuant to NRS 482.281 is not entitled to receive compensation from the Department pursuant to this subsection.

      4.  Except as otherwise provided in this section, no person may use in an advertisement:

      (a) The name, service marks, trademarks or logo of the Department; or

      (b) A service mark, trademark or logo designed to closely resemble a service mark, trademark or logo of the Department and intended to mislead a viewer to believe that the service mark, trademark or logo is the service mark, trademark or logo of the Department.

      5.  An agent appointed pursuant to subsection 2 may use the name, service marks, trademarks or logo of the Department in an advertisement if the agent has obtained the written permission of the Department for such use.

      Sec. 2. NRS 482.2155 is hereby amended to read as follows:

      482.2155  1.  The owner of a moped shall, before the moped may be operated upon any highway in this State, apply to the Department for and obtain registration thereof. The application must be made upon the appropriate form as prescribed by the Department.

      2.  An application for the registration of a moped pursuant to this section must include:

      (a) The signature and residential address of the owner of the moped.

      (b) The owner’s declaration of the county where he or she intends the moped to be based, unless the moped is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

      (c) A brief description of the moped to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and, upon the registration of a new moped, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the moped.

 


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manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the moped.

      (d) Proof of ownership satisfactory to the Department.

      3.  An application for the registration of a moped pursuant to subsection 2 must be accompanied by:

      (a) The registration fee required pursuant to NRS 482.480.

      (b) The governmental services tax imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

      (c) The fees for a license plate and an inspection required pursuant to this section.

      4.  An applicant for the registration of a moped pursuant to this section [who resides] must provide proof satisfactory to the Department that the moped was inspected and meets the definition of “moped” as provided in NRS 482.069. An applicant who:

      (a) Purchased the moped from a new vehicle dealer or a used vehicle dealer may submit to the Department, on a form prescribed by the Department, verification of an inspection by the new vehicle dealer or used vehicle dealer which certifies that the moped meets the definition of “moped” as provided in NRS 482.069.

      (b) Did not purchase the moped from a new vehicle dealer or a used vehicle dealer and:

             (1) Resides in a county where an office of the Department is located must, at an office of the Department in that county, allow the Department to inspect the moped for verification that the moped meets the definition of “moped” as provided in NRS 482.069. The Department may by regulation establish a fee for such an inspection.

      [5.  An applicant for the registration of a moped pursuant to this section who resides]

             (2) Resides in a county where no office of the Department is located must allow the Department to inspect the moped, as specified in [subsection 4,] subparagraph (1), at an office of the Department in another county or, in lieu of an inspection by the Department, allow a sheriff or deputy sheriff of the county in which the applicant resides to inspect the moped for verification that the moped meets the definition of “moped” as provided in NRS 482.069. A sheriff or deputy sheriff shall, upon the request of the applicant, conduct such an inspection and transmit his or her determination, in writing, to the Department and may collect the fee established by the Department pursuant to [subsection 4] subparagraph (1) for such an inspection. [All] The fees [collected pursuant to this subsection] must be accounted for as provided in subsection 6 of NRS 248.275.

      [6.]5.  As soon as practicable after the Department:

      (a) Receives the application and fees required by this section; and

      (b) [Conducts] Receives the form completed by a new vehicle dealer or used vehicle dealer pursuant to paragraph (a) of subsection 4, conducts the inspection required by subparagraph (1) of paragraph (b) of subsection 4 or [5 or] receives the alternative written determination from a sheriff or deputy sheriff that is authorized by subparagraph (2) of paragraph (b) of subsection [5,] 4,

Ê the Department shall, if the inspection or written determination confirms that the moped meets the definition of “moped” as provided in NRS 482.069, issue a license plate and certificate of registration to the owner of the moped.

 


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      [7.]6.  The fee for the issuance of a license plate pursuant to this section is $5, which must be allocated to the Revolving Account for the Issuance of Special License Plates, created by NRS 482.1805, to defray the costs of manufacturing license plates pursuant to this section.

      [8.]7.  The registration issued pursuant to this section is not renewable or transferable, and a moped that is registered pursuant to this section is registered until the date on which the owner of the moped:

      (a) Transfers the ownership of the moped; or

      (b) Cancels the registration of the moped and surrenders the license plate to the Department.

      [9.]8.  The Department may, upon proof of ownership satisfactory to it, issue a certificate of title before the registration of a moped pursuant to this section. A certificate of title issued pursuant to this subsection is valid until cancelled by the Department upon the transfer of interest therein.

      Sec. 3. NRS 482.267 is hereby amended to read as follows:

      482.267  [The]

      1.  Except as otherwise provided in subsection 2, the Director shall utilize the facility for the production of license plates which is located at the Department of Corrections to produce all license plates required by the Department of Motor Vehicles.

      2.  The Director may contract with a vendor for the production of license plates which require technological or mechanical processes which are not available at the facility.

      Sec. 4. NRS 482.381 is hereby amended to read as follows:

      482.381  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any motor vehicle which is a model manufactured more than 40 years before the date of application for registration pursuant to this section.

      2.  License plates issued pursuant to this section must bear the inscription “Old Timer,” and the plates must be numbered consecutively.

      3.  The Nevada Old Timer Club members shall bear the cost of the dies for carrying out the provisions of this section.

      4.  The Department shall charge and collect the following fees for the issuance of these license plates, which fees are in addition to all other license fees and applicable taxes:

      (a) For the first issuance................................................................................ $35

      (b) For a renewal sticker................................................................................... 10

      5.  In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the license plates for those motor vehicles exempted pursuant to paragraph (b) of subsection 1 of NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      6.  Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830 [.] and distributed in accordance with subsection 6 of NRS 445B.830.

      Sec. 5. NRS 482.3812 is hereby amended to read as follows:

      482.3812  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

 


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      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not later than 1948.

      2.  License plates issued pursuant to this section must be inscribed with the words “STREET ROD” and a number of characters, including numbers and letters, as determined necessary by the Director.

      3.  If, during a registration period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

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

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      5.  In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to paragraph (b) of subsection 1 of NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      6.  Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830 [.] and distributed in accordance with subsection 6 of NRS 445B.830.

      Sec. 6. NRS 482.3814 is hereby amended to read as follows:

      482.3814  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the Department.

      2.  License plates issued pursuant to this section must be inscribed with the words “CLASSIC ROD” and a number of characters, including numbers and letters, as determined necessary by the Director.

      3.  If, during a registration year, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

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

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      5.  In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to paragraph (b) of subsection 1 of NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

 


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the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      6.  Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830 [.] and distributed in accordance with subsection 6 of NRS 445B.830.

      Sec. 7. NRS 482.3816 is hereby amended to read as follows:

      482.3816  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less;

      (b) Manufactured at least 25 years before the application is submitted to the Department; and

      (c) Containing only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts.

      2.  License plates issued pursuant to this section must be inscribed with the words “CLASSIC VEHICLE” and a number of characters, including numbers and letters, as determined necessary by the Director.

      3.  If, during a registration period, the holder of special plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

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

      4.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      5.  In addition to the fees required pursuant to subsection 4, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to paragraph (b) of subsection 1 of NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      6.  Fees paid to the Department pursuant to subsection 5 must be accounted for in the Pollution Control Account created by NRS 445B.830 [.] and distributed in accordance with subsection 6 of NRS 445B.830.

      Sec. 8. NRS 482.3837 is hereby amended to read as follows:

      482.3837  1.  “Person with a permanent disability” means a person:

      [1.](a) With a disability which limits or impairs the ability to walk; and

      [2.](b) Whose disability has been certified by a licensed physician or advanced practice registered nurse as irreversible.

      2.  The term includes a person with a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962.

      Sec. 9. NRS 482.384 is hereby amended to read as follows:

      482.384  1.  Upon the application of a person with a permanent disability, the Department may issue special license plates for a vehicle, including a motorcycle or moped, registered by the applicant pursuant to this chapter. The application must include a statement from a licensed physician or advanced practice registered nurse certifying that the applicant is a person with a permanent disability [.] or a certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates the applicant has incurred a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962, as applicable.

 


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Department of Veterans Affairs or the United States Department of Defense which indicates the applicant has incurred a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962, as applicable. The issuance of a special license plate to a person with a permanent disability pursuant to this subsection does not preclude the issuance to such a person of a special parking placard for a vehicle other than a motorcycle or moped or a special parking sticker for a motorcycle or moped pursuant to subsection 6.

      2.  Every year after the initial issuance of special license plates to a person with a permanent disability, the Department shall require the person to renew the special license plates in accordance with the procedures for renewal of registration pursuant to this chapter. The Department shall not require a person with a permanent disability to include with the application for renewal a statement from a licensed physician or advanced practice registered nurse certifying that the person is a person with a permanent disability [.] or a certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates the applicant has incurred a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962, as applicable.

      3.  Upon the application of an organization which provides transportation for a person with a permanent disability, disability of moderate duration or temporary disability, the Department may issue special license plates for a vehicle registered by the organization pursuant to this chapter, or the Department may issue special parking placards to the organization pursuant to this section to be used on vehicles providing transportation to such persons. The application must include a statement from the organization certifying that:

      (a) The vehicle for which the special license plates are issued is used primarily to transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities; or

      (b) The organization which is issued the special parking placards will only use such placards on vehicles that actually transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities.

      4.  The Department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

      5.  Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numerals and letters on the plate.

      6.  Upon the application of a person with a permanent disability or disability of moderate duration, the Department may issue:

      (a) A special parking placard for a vehicle other than a motorcycle or moped. Upon request, the Department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section.

      (b) A special parking sticker for a motorcycle or moped.

Ê The application must include a statement from a licensed physician or advanced practice registered nurse certifying that the applicant is a person with a permanent disability or disability of moderate duration [.] or a certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates the applicant has incurred a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962, as applicable.

 


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incurred a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962, as applicable.

      7.  A special parking placard issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

      (b) Have an identification number and date of expiration of:

             (1) If the special parking placard is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking placard is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance;

      (c) Have placed or inscribed on it the seal or other identification of the Department; and

      (d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      8.  A special parking sticker issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue background;

      (b) Have an identification number and a date of expiration of:

             (1) If the special parking sticker is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking sticker is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance; and

      (c) Have placed or inscribed on it the seal or other identification of the Department.

      9.  Before the date of expiration of a special parking placard or special parking sticker issued to a person with a permanent disability or disability of moderate duration, the person shall renew the special parking placard or special parking sticker. If the applicant for renewal is a person with a disability of moderate duration, the applicant must include with the application for renewal a statement from a licensed physician or advanced practice registered nurse certifying that the applicant is a person with a disability which limits or impairs the ability to walk, and that such disability, although not irreversible, is estimated to last longer than 6 months. A person with a permanent disability is not required to submit evidence of a continuing disability with the application for renewal.

      10.  The Department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard for a vehicle other than a motorcycle or moped or a temporary parking sticker for a motorcycle or moped upon the application of a person with a temporary disability. Upon request, the Department, city or county may issue one additional temporary parking placard to an applicant. The application must include a certificate from a licensed physician or advanced practice registered nurse indicating:

      (a) That the applicant has a temporary disability; and

      (b) The estimated period of the disability.

      11.  A temporary parking placard issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background;

      (b) Have an identification number and a date of expiration; and

 


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      (c) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      12.  A temporary parking sticker issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the sticker and is white on a red background; and

      (b) Have an identification number and a date of expiration.

      13.  A temporary parking placard or temporary parking sticker is valid only for the period for which a physician or advanced practice registered nurse has certified the disability, but in no case longer than 6 months. If the temporary disability continues after the period for which the physician or advanced practice registered nurse has certified the disability, the person with the temporary disability must renew the temporary parking placard or temporary parking sticker before the temporary parking placard or temporary parking sticker expires. The person with the temporary disability shall include with the application for renewal a statement from a licensed physician or advanced practice registered nurse certifying that the applicant continues to be a person with a temporary disability and the estimated period of the disability.

      14.  A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle in such a manner that the placard can easily be seen from outside the vehicle when the vehicle is parked.

      15.  Upon issuing a special license plate pursuant to subsection 1, a special or temporary parking placard, or a special or temporary parking sticker, the Department, or the city or county, if applicable, shall issue a letter to the applicant that sets forth the name and address of the person with a permanent disability, disability of moderate duration or temporary disability to whom the special license plate, special or temporary parking placard or special or temporary parking sticker has been issued and:

      (a) If the person receives special license plates, the license plate number designated for the plates; and

      (b) If the person receives a special or temporary parking placard or a special or temporary parking sticker, the identification number and date of expiration indicated on the placard or sticker.

Ê The letter, or a legible copy thereof, must be kept with the vehicle for which the special license plate has been issued or in which the person to whom the special or temporary parking placard or special or temporary parking sticker has been issued is driving or is a passenger.

      16.  A special or temporary parking sticker must be affixed to the windscreen of the motorcycle or moped. If the motorcycle or moped has no windscreen, the sticker must be affixed to any other part of the motorcycle or moped which may be easily seen when the motorcycle or moped is parked.

      17.  Special or temporary parking placards, special or temporary parking stickers, or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

      18.  No person, other than the person certified as being a person with a permanent disability, disability of moderate duration or temporary disability, or a person actually transporting such a person, may use the special license plate or plates or a special or temporary parking placard, or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

 


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plate or plates or a special or temporary parking placard, or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

      19.  Any person who violates the provisions of subsection 18 is guilty of a misdemeanor.

      20.  The Department may review the eligibility of each holder of a special parking placard, a special parking sticker or special license plates, or any combination thereof. Upon a determination of ineligibility by the Department, the holder shall surrender the special parking placard, special parking sticker or special license plates, or any combination thereof, to the Department.

      21.  The Department may adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 10. NRS 248.320 is hereby amended to read as follows:

      248.320  Except as otherwise provided in subsection [5] 4 of NRS 482.2155, no other fees shall be charged by sheriffs than those specifically set forth in this chapter, nor shall fees be charged for any other services than those mentioned in this chapter.

      Sec. 11. NRS 445B.830 is hereby amended to read as follows:

      445B.830  1.  In areas of the State where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the Department of Motor Vehicles and accounted for in the Pollution Control Account, which is hereby created in the State General Fund:

      (a) For the issuance and annual renewal of a license for an authorized inspection station, authorized station or fleet station      $25

      (b) For each set of 25 forms certifying emission control compliance..... 150

      (c) For each form issued to a fleet station....................................................... 6

      2.  Except as otherwise provided in subsection 6, and after deduction of the amounts distributed pursuant to subsection 4, money in the Pollution Control Account may, pursuant to legislative appropriation or with the approval of the Interim Finance Committee, be expended by the following agencies in the following order of priority:

      (a) The Department of Motor Vehicles to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.

      (b) The State Department of Conservation and Natural Resources to carry out the provisions of this chapter.

      (c) The State Department of Agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.

      (d) Local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.

      (e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.

      3.  The Department of Motor Vehicles may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.

 


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      4.  The Department of Motor Vehicles shall make quarterly distributions of money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408. The distributions of money made to agencies in a county pursuant to this subsection must be made from an amount of money in the Pollution Control Account that is equal to one-sixth of the amount received for each form issued in the county pursuant to subsection 1.

      5.  Each local air pollution control agency that receives money pursuant to subsections 4 and 6 shall, not later than 45 days after the end of the fiscal year in which the money is received, submit to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee a report on the use of the money received.

      6.  The Department of Motor Vehicles shall make annual distributions of excess money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air. The distributions of excess money made to local air pollution control agencies in a county pursuant to this subsection must be made in an amount proportionate to the number of forms issued in the county pursuant to subsection 1 [.] and an amount proportionate to the amount of fees paid in the county pursuant to NRS 482.381, 482.3812, 482.3814 and 482.3816. As used in this subsection, “excess money” means [the] :

      (a) The money in excess of $1,000,000 remaining in the Pollution Control Account at the end of the fiscal year, after deduction of the amounts distributed pursuant to subsection 4 and any disbursements made from the Account pursuant to subsection 2 [.] ; and

      (b) The money deposited in the Pollution Control Account by the Department of Motor Vehicles pursuant to NRS 482.381, 482.3812, 482.3814 and 482.3816.

      7.  The Department of Motor Vehicles shall provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:

      (a) Establish goals and objectives for the program for control of emissions from motor vehicles;

      (b) Identify areas where funding should be made available; and

      (c) Review and make recommendations concerning regulations adopted pursuant to NRS 445B.770.

      Sec. 12. NRS 482.173 is hereby repealed.

      Sec. 13.  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, 2019, for all other purposes.

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CHAPTER 17, AB 91

Assembly Bill No. 91–Committee on Judiciary

 

CHAPTER 17

 

[Approved: May 8, 2019]

 

AN ACT relating to guardianships; establishing provisions concerning the sterilization of protected persons; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that unless a guardian applies for and obtains the requisite authority from a court, the guardian is prohibited from consenting to the: (1) experimental medical, biomedical or behavioral treatment of a protected person; (2) participation of a protected person in any biomedical or behavioral experiment; or (3) sterilization of a protected person. Existing law also sets forth the circumstances in which a court may authorize a guardian to consent to and commence any such treatment or experiment. (NRS 159.0805)

      Section 1 of this bill establishes additional provisions relating to a guardian’s application to a court for the authority to consent to the sterilization of a protected person. Section 1 requires the court to: (1) appoint an attorney and a guardian ad litem for the protected person; and (2) conduct a full evidentiary hearing before authorizing the guardian to consent to the sterilization. Section 1 also provides that a court may authorize a guardian to consent to the sterilization of a protected person only if the court finds by clear and convincing evidence that the sterilization is in the best interest of the protected person, but requires the court to consider whether any less irrevocable and intrusive means of contraception would be suitable before granting such authority.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 159 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A guardian shall not consent to the sterilization of a protected person unless the guardian applies to the court for the authority to consent to the sterilization and obtains such authority from the court.

      2.  Unless an attorney or a guardian ad litem has already been appointed, after a guardian applies to the court for the authority to consent to the sterilization of a protected person, the court shall appoint:

      (a) An attorney to represent the protected person; and

      (b) A guardian ad litem to make recommendations on behalf of the protected person.

      3.  The court must conduct a full evidentiary hearing before authorizing the guardian of the protected person to consent to the sterilization.

      4.  The court may authorize a guardian to consent to the sterilization of a protected person only if the court finds by clear and convincing evidence that the sterilization is in the best interest of the protected person. Before the court grants such authority to a guardian, the court must consider whether any less irrevocable and intrusive means of contraception would be suitable.

 


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ê2019 Statutes of Nevada, Page 85 (CHAPTER 17, AB 91)ê

 

      Sec. 2. NRS 159.0805 is hereby amended to read as follows:

      159.0805  1.  Except as otherwise provided in subsection 2, a guardian shall not consent to:

      (a) The experimental medical, biomedical or behavioral treatment of a protected person; or

      (b) [The sterilization of a protected person; or

      (c)] The participation of a protected person in any biomedical or behavioral experiment.

      2.  The guardian may consent to and commence any treatment or experiment described in subsection 1 if the guardian applies to and obtains from the court authority to consent to and commence the treatment or experiment.

      3.  The court may authorize the guardian to consent to and commence any treatment or experiment described in subsection 1 only if the treatment or experiment:

      (a) Is of direct benefit to, and intended to preserve the life of or prevent serious impairment to the mental or physical health of, the protected person; or

      (b) Is intended to assist the protected person to develop or regain the abilities of the protected person.

      Sec. 3.  The amendatory provisions of this act apply to an application by a guardian for the authority to consent to the sterilization of a protected person that is submitted to a court on or after January 1, 2020.

      Sec. 4.  This act becomes effective on January 1, 2020.

________

CHAPTER 18, AB 134

Assembly Bill No. 134–Assemblywomen Backus, Krasner, Munk, Spiegel; Bilbray-Axelrod, Cohen, Jauregui, Martinez, Peters, Swank, Tolles and Torres

 

CHAPTER 18

 

[Approved: May 8, 2019]

 

AN ACT relating to privileges; revising provisions relating to the privilege of confidential communication between victims of certain crimes and advocates for those victims; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      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 such victims. (NRS 49.2541-49.2549) Section 1 of this bill revises the definition of “victim’s advocate” to include a person who works for a program of a university, state college or community college within the Nevada System of Higher Education or a program of a tribal organization which provides such assistance. Section 2 of this bill makes a conforming change.

 

 

 

 


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ê2019 Statutes of Nevada, Page 86 (CHAPTER 18, AB 134)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 49.2545 is hereby amended to read as follows:

      49.2545  “Victim’s advocate” means a person who works for a nonprofit program [that] , program of a university, state college or community college within the Nevada System of Higher Education or a program of a tribal organization which provides assistance to victims with or without compensation and who has received at least 20 hours of relevant training.

      Sec. 2. NRS 49.2546 is hereby amended to read as follows:

      49.2546  1.  A communication shall be deemed to be confidential if the communication is between a victim and a victim’s advocate and is not intended to be disclosed to third persons other than:

      (a) A person who is present to further the interest of the victim;

      (b) A person reasonably necessary for the transmission of the communication; or

      (c) A person who is participating in the advice, counseling or assistance of the victim, including, without limitation, a member of the victim’s family.

      2.  As used in this section, “communication” includes, without limitation, all records concerning the victim and the services provided to the victim which are within the possession of:

      (a) The victim’s advocate; or

      (b) The nonprofit program , the program of a university, state college or community college within the Nevada System of Higher Education, or the program of a tribal organization for whom the victim’s advocate works.

      Sec. 3.  This act becomes effective on July 1, 2019.

________

 


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ê2019 Statutes of Nevada, Page 87ê

 

CHAPTER 19, AB 207

Assembly Bill No. 207–Assemblymen Frierson, Benitez-Thompson; Assefa and Monroe-Moreno

 

CHAPTER 19

 

[Approved: May 8, 2019]

 

AN ACT relating to business entities; revising provisions concerning certain records required to be kept by certain business entities; revising provisions relating to the breach of a fiduciary duty by a director or officer of a corporation; revising provisions relating to the ability of a stockholder to dissent in certain circumstances; revising the definition of the term “issuing corporation” as it relates to the acquisition of a controlling interest therein; authorizing stockholders of a corporation to approve an amendment to the articles of incorporation in writing; requiring written notice to certain stockholders after the dissolution of a corporation approved by written consent of the stockholders thereof; revising provisions relating to the individual liability of a person acting as the alter ego of a corporation and applying such provisions to limited-liability companies; revising provisions concerning the indemnification of certain persons by a corporation; establishing provisions relating to the duties owed to certain limited-liability companies and certain other persons by a manager or managing member of the limited-liability company; establishing provisions relating to a series of members of a limited-liability company; establishing the circumstances under which the merger of a publicly traded corporation without the vote of the stockholders is authorized; revising provisions relating to limitations on the right of a stockholder to dissent; making various other changes relating to business entities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes various provisions relating to business entities, including private corporations, nonprofit corporations and limited-liability companies. (Chapters 78, 82 and 86 of NRS) This bill revises certain provisions relating to such specific business entities and makes certain other changes generally relating to business entities.

      Section 1 of this bill authorizes a private corporation to include a forum selection clause within its articles of incorporation or bylaws.

      Sections 2, 17 and 22 of this bill revise provisions relating to certain records required to be kept by a private corporation, nonprofit corporation and limited-liability company, respectively, and provide that if such records are not made available for inspection within this State after a demand by certain persons, such a person may serve a demand upon the registered agent of the private corporation, nonprofit corporation or limited-liability company, as applicable, that the records be sent to the person or the agent or attorney thereof.

      Section 3 of this bill revises the acts that constitute a breach of the fiduciary duty of a director or officer of a corporation for the purpose of determining whether the director or officer is individually liable to the corporation or its stockholders or creditors for damages.

      Sections 4-6 of this bill revise provisions relating to the ability of a stockholder who is obligated, as a result of certain corporate action, to accept money or scrip rather than receive a fraction of a share in exchange for the cancellation of all their outstanding shares to dissent.

 


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ê2019 Statutes of Nevada, Page 88 (CHAPTER 19, AB 207)ê

 

      Section 11 of this bill revises the definition of the term “issuing corporation” for the purposes of provisions relating to the acquisition of a controlling interest therein.

      Section 12 of this bill authorizes stockholders of a corporation to approve an amendment to the articles of incorporation in writing instead of being required to approve such an amendment at a meeting under certain circumstances. Section 13 of this bill provides that if the dissolution of a corporation is approved by written consent of the stockholders of a corporation, the corporation is required to notify each stockholder whose written consent was not solicited of the dissolution in writing not later than 10 days after the effective date of the dissolution.

      Section 14 of this bill revises provisions relating to the individual liability of a person acting as the alter ego of a corporation, and section 19 of this bill makes such provisions applicable to limited-liability companies.

      Sections 15 and 16 of this bill revise provisions concerning the indemnification of certain persons by a corporation. Section 15 establishes the requirements pursuant to which a determination that indemnification is proper must be made and authorizes a corporation to indemnify a person if such a determination is made. Section 16 establishes the circumstances under which a corporation is required to indemnify a person.

      Section 20 of this bill establishes provisions relating to the duties owed by a manager or managing member of a limited-liability company to the limited-liability company, to any series of the limited-liability company, to any member or to another person that is a party to or otherwise bound by the operating agreement. Section 31 of this bill provides that the provisions of section 20 apply only to certain limited-liability companies.

      Sections 21 and 23-25 of this bill establish provisions relating to a series of members of a limited-liability company. Section 23 of this bill authorizes a series to exercise the powers and privileges granted by the provisions of law governing limited-liability companies.

      Section 27 of this bill establishes the circumstances under which the merger of a publicly traded corporation without the vote of the stockholders is authorized and also establishes other provisions relating to such a merger.

      Section 28 of this bill revises provisions relating to the right of a stockholder to dissent from certain corporate actions and to obtain payment of the fair value of the stockholder’s shares and provides that a stockholder who is entitled to dissent and obtain payment is prohibited from challenging the corporate action creating the entitlement unless the action is unlawful or constitutes or is the result of actual fraud against the stockholder or the domestic corporation. Section 29 of this bill revises provisions relating to limitations on the right of a stockholder to dissent.

 

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 a new section to read as follows:

      1.  The articles of incorporation or bylaws of a corporation may require, to the extent not inconsistent with any applicable jurisdictional requirements, that any, all or certain internal actions must be brought solely or exclusively in the court or courts specified in the requirement, which must include at least one court in this State. Unless otherwise expressly set forth in the articles of incorporation or bylaws, such a requirement must not be interpreted as prohibiting any corporation from consenting, or requiring any corporation to consent, to any alternative forum in any instance.

 


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ê2019 Statutes of Nevada, Page 89 (CHAPTER 19, AB 207)ê

 

      2.  The provisions of this section do not create or authorize any cause of action against a corporation or its directors or officers.

      3.  As used in this section:

      (a) “Court” means any court of:

             (1) This State, including, without limitation, those courts in any county having a business court, as that term is defined in NRS 13.050;

             (2) A state other than this State; or

             (3) The United States.

      (b) “Internal action” means any action, suit or proceeding:

             (1) Brought in the name or right of the corporation or on its behalf, including, without limitation, any action subject to NRS 41.520;

             (2) For or based upon any breach of any fiduciary duty owed by any director, officer, employee or agent of the corporation in such capacity; or

             (3) Arising pursuant to, or to interpret, apply, enforce or determine the validity of, any provision of this title, the articles of incorporation, the bylaws or any agreement entered into pursuant to NRS 78.365 to which the corporation is a party or a stated beneficiary thereof.

      Sec. 2. NRS 78.105 is hereby amended to read as follows:

      78.105  1.  A corporation shall keep a copy of the following records at its principal office or with its custodian of records whose name and street address are available at the corporation’s registered office:

      (a) A copy certified by the Secretary of State of its articles of incorporation, and all amendments thereto;

      (b) A copy certified by an officer of the corporation of its bylaws and all amendments thereto; and

      (c) A stock ledger or a duplicate stock ledger, revised annually not later than 60 days after the date by which an annual list is required to be filed pursuant to NRS 78.150, containing only the names, alphabetically arranged, of all persons who are stockholders of record of the corporation, showing their places of residence, if known, and the number of shares held by them respectively.

      2.  Any person who has been a stockholder of record of a corporation for at least 6 months immediately preceding the demand, or any person holding, or thereunto authorized in writing by the holders of, at least 5 percent of all of its outstanding shares, upon at least 5 days’ written demand is entitled to inspect in person or by agent or attorney, during usual business hours, the records required by subsection 1 and make copies therefrom. Holders of voting trust certificates representing shares of the corporation must be regarded as stockholders for the purpose of this subsection. Every corporation that neglects or refuses to keep the records required by subsection 1 open for inspection, as required in this subsection, shall forfeit to the State the sum of $25 for every day of such neglect or refusal.

      3.  If the records required by subsection 1 are [kept outside of] not made available for inspection at a location within this State [, a] pursuant to a proper demand made pursuant to subsection 2, the stockholder or other person [entitled to inspect those records] demanding the inspection may serve a demand [to inspect the records] upon the corporation’s registered agent [.] that the records to be inspected be sent to the demanding stockholder or other person or the agent or attorney thereof. Upon such a [request,] demand, the corporation shall send copies of the requested records [,] required by subsection 1, either in paper or electronic form, to the stockholder , [or] other person , agent or attorney entitled to inspect the requested records within 10 business days after service of the [request] demand upon the registered agent.

 


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ê2019 Statutes of Nevada, Page 90 (CHAPTER 19, AB 207)ê

 

stockholder , [or] other person , agent or attorney entitled to inspect the requested records within 10 business days after service of the [request] demand upon the registered agent. [Every corporation that neglects or refuses to keep the records required by subsection 1 open for inspection, as required in this subsection, shall forfeit to the State the sum of $25 for every day of such neglect or refusal.

      3.]4.  If any corporation willfully neglects or refuses to make any proper entry in the stock ledger or duplicate copy thereof, or neglects or refuses to permit an inspection of the records required by subsection 1 upon demand by a person entitled to inspect them, or refuses to permit copies to be made therefrom, as provided in subsection 2, the corporation is liable to the person injured for all damages resulting to the person therefrom.

      [4.]5.  In every instance where an attorney or other agent of the stockholder seeks the right of inspection, the demand must be accompanied by a power of attorney signed by the stockholder authorizing the attorney or other agent to inspect on behalf of the stockholder.

      [5.]6.  The right to copy records under subsection 2 includes, if reasonable, the right to make copies by photographic, xerographic or other means.

      [6.]7.  The corporation may impose a reasonable charge to recover the costs of labor and materials and the cost of copies of any records provided to the stockholder.

      Sec. 3. NRS 78.138 is hereby amended to read as follows:

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

      2.  In exercising their respective 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.  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] as described in subsection 7.

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

 


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ê2019 Statutes of Nevada, Page 91 (CHAPTER 19, AB 207)ê

 

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

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

             (2) The economy of the State or Nation;

             (3) The interests of the community or of society;

             (4) The long-term or short-term interests of the corporation, 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.

      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.

      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:

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

      (b) It is proven that:

             (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

             (2) Such breach 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 [.] unless otherwise provided in the articles of incorporation or an amendment thereto.

      Sec. 4. NRS 78.205 is hereby amended to read as follows:

      78.205  1.  A corporation is not obligated to but may sign and deliver a certificate for or including a fraction of a share.

      2.  In lieu of signing and delivering a certificate for a fraction of a share, a corporation may:

      (a) Pay to any person otherwise entitled to become a holder of a fraction of a share an amount in cash based on a per share value, and that value or the method of determining that value must be specified in the articles, plan of reorganization, plan of merger or exchange, resolution of the board of directors, or other instrument pursuant to which the fractional share would otherwise be issued;

      (b) Issue such additional fraction of a share as is necessary to increase the fractional share to a full share; or

 


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ê2019 Statutes of Nevada, Page 92 (CHAPTER 19, AB 207)ê

 

      (c) Sign and deliver registered or bearer scrip over the manual or facsimile signature of an officer of the corporation or of its agent for that purpose, exchangeable as provided on the scrip for full share certificates, but the scrip does not entitle the holder to any rights as a stockholder except as provided on the scrip. The scrip may provide that it becomes void unless the rights of the holders are exercised within a specified period and may contain any other provisions or conditions that the corporation deems advisable. Whenever any scrip ceases to be exchangeable for full share certificates, the shares that would otherwise have been issuable as provided on the scrip are deemed to be treasury shares unless the scrip contains other provisions for their disposition.

      3.  [Any] If any proposed corporate action [that] pursuant to this section would result in only money being paid or scrip being issued to stockholders who:

      (a) Before the proposed corporate action becomes effective, in the aggregate hold 1 percent or more of the outstanding shares of the affected class or series; and

      (b) Would otherwise be entitled to receive a fraction of a share in exchange for the cancellation of all their outstanding shares,

Ê [is subject to] any stockholder who is obligated, as a result of the corporate action taken pursuant to this section, to accept money or scrip rather than receive a fraction of a share in exchange for the cancellation of all the stockholder’s outstanding shares, may dissent in accordance with the provisions of NRS 92A.300 to 92A.500, inclusive , [. If the proposed corporate action is subject to those provisions, any stockholder who is obligated to accept money or scrip rather than receive a fraction of a share resulting from the action taken pursuant to this section may dissent in accordance with those provisions] and obtain payment of the fair value of the fraction of a share to which the stockholder would otherwise be entitled.

      Sec. 5. NRS 78.2055 is hereby amended to read as follows:

      78.2055  1.  Unless otherwise provided in the articles of incorporation, a corporation that desires to decrease the number of issued and outstanding shares of a class or series held by each stockholder of record at the effective date and time of the change without correspondingly decreasing the number of authorized shares of the same class or series may do so if:

      (a) The board of directors adopts a resolution setting forth the proposal to decrease the number of issued and outstanding shares of a class or series; and

      (b) The proposal is approved by the vote of stockholders holding a majority of the voting power of the affected class or series, or such greater proportion as may be provided in the articles of incorporation, regardless of limitations or restrictions on the voting power of the affected class or series.

      2.  If the proposal required by subsection 1 is approved by the stockholders entitled to vote, the corporation may reissue its stock in accordance with the proposal after the effective date and time of the change.

      3.  Except as otherwise provided in this subsection, if a proposed decrease in the number of issued and outstanding shares of any class or series would adversely alter or change any preference, or any relative or other right given to any other class or series of outstanding shares, then the decrease must be approved by the vote, in addition to any vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the decrease, or such greater proportion as may be provided in the articles of incorporation, regardless of limitations or restrictions on the voting power of the adversely affected class or series.

 


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ê2019 Statutes of Nevada, Page 93 (CHAPTER 19, AB 207)ê

 

decrease, or such greater proportion as may be provided in the articles of incorporation, regardless of limitations or restrictions on the voting power of the adversely affected class or series. The decrease does not have to be approved by the vote of the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the decrease if the articles of incorporation specifically deny the right to vote on such a decrease.

      4.  [Any proposal to decrease the number of issued and outstanding shares of any class or series, if any, that includes provisions pursuant to which] If any proposed corporate action pursuant to this section would result in only money [will be] being paid or scrip [will be] being issued to stockholders who:

      (a) Before the decrease in the number of shares becomes effective, in the aggregate hold 1 percent or more of the outstanding shares of the affected class or series; and

      (b) Would otherwise be entitled to receive a fraction of a share in exchange for the cancellation of all their outstanding shares,

Ê [is subject to] any stockholder who is obligated, as a result of the corporate action taken pursuant to this section, to accept money or scrip rather than receive a fraction of a share in exchange for the cancellation of all the stockholder’s outstanding shares, may dissent in accordance with the provisions of NRS 92A.300 to 92A.500, inclusive , [. If the proposal is subject to those provisions, any stockholder who is obligated to accept money or scrip rather than receive a fraction of a share resulting from the action taken pursuant to this section may dissent in accordance with those provisions] and obtain payment of the fair value of the fraction of a share to which the stockholder would otherwise be entitled.

      Sec. 6. NRS 78.207 is hereby amended to read as follows:

      78.207  1.  Unless otherwise provided in the articles of incorporation, a corporation that desires to change the number of shares of a class or series, if any, of its authorized stock by increasing or decreasing the number of authorized shares of the class or series and correspondingly increasing or decreasing the number of issued and outstanding shares of the same class or series held by each stockholder of record at the effective date and time of the change, may, except as otherwise provided in subsections 2 and 3, do so by a resolution adopted by the board of directors, without obtaining the approval of the stockholders. The resolution may also provide for a change of the par value, if any, of the same class or series of the shares increased or decreased. After the effective date and time of the change, the corporation may issue its stock in accordance therewith.

      2.  A proposal to increase or decrease the number of authorized shares of any class or series, if any, that includes provisions pursuant to which only money will be paid or scrip will be issued to stockholders who:

      (a) Before the increase or decrease in the number of shares becomes effective, in the aggregate hold 10 percent or more of the outstanding shares of the affected class or series; and

      (b) Would otherwise be entitled to receive a fraction of a share in exchange for the cancellation of all their outstanding shares,

Ê must be approved by the vote of stockholders holding a majority of the voting power of the affected class or series, or such greater proportion as may be provided in the articles of incorporation, regardless of limitations or restrictions on the voting power thereof.

 


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ê2019 Statutes of Nevada, Page 94 (CHAPTER 19, AB 207)ê

 

      3.  Except as otherwise provided in this subsection, if a proposed increase or decrease in the number of authorized shares of any class or series would adversely alter or change any preference or any relative or other right given to any other class or series of outstanding shares, then the increase or decrease must be approved by the vote, in addition to any vote otherwise required, of the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the increase or decrease, regardless of limitations or restrictions on the voting power thereof. The increase or decrease does not have to be approved by the vote of the holders of shares representing a majority of the voting power in each class or series whose preference or rights are adversely affected by the increase or decrease if the articles of incorporation specifically deny the right to vote on such an increase or decrease.

      4.  [Any proposal to increase or decrease the number of authorized shares of any class or series, if any, that includes provisions pursuant to which] If any proposed corporate action pursuant to this section would result in only money [will be] being paid or scrip [will be] being issued to stockholders who:

      (a) Before the increase or decrease in the number of shares becomes effective, in the aggregate hold 1 percent or more of the outstanding shares of the affected class or series; and

      (b) Would otherwise be entitled to receive a fraction of a share in exchange for the cancellation of all of their outstanding shares,

Ê [is subject to] any stockholder who is obligated, as a result of the corporate action taken pursuant to this section, to accept money or scrip rather than receive a fraction of a share in exchange for the cancellation of all the stockholder’s outstanding shares, may dissent in accordance with the provisions of NRS 92A.300 to 92A.500, inclusive , [. If the proposal is subject to those provisions, any stockholder who is obligated to accept money or scrip rather than receive a fraction of a share resulting from the action taken pursuant to this section may dissent in accordance with those provisions] and obtain payment of the fair value of the fraction of a share to which the stockholder would otherwise be entitled.

      Sec. 7. NRS 78.288 is hereby amended to read as follows:

      78.288  1.  Except as otherwise provided in subsection 2 and the articles of incorporation, a board of directors may authorize and the corporation may make distributions to [its stockholders,] the holders of any class or series of the corporation’s shares, including distributions on shares that are partially paid.

      2.  No distribution may be made if, after giving it effect:

      (a) The corporation would not be able to pay its debts as they become due in the usual course of business; or

      (b) Except as otherwise specifically allowed by the articles of incorporation, the corporation’s total assets would be less than the sum of its total liabilities plus the amount that would be needed, if the corporation were to be dissolved [at] immediately after the time of the distribution, to satisfy the preferential rights upon such dissolution of stockholders whose preferential rights are superior to those receiving the distribution.

      3.  The board of directors may base a determination that a distribution is not prohibited pursuant to subsection 2 on:

      (a) Financial statements prepared on the basis of accounting practices that are reasonable in the circumstances;

 


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ê2019 Statutes of Nevada, Page 95 (CHAPTER 19, AB 207)ê

 

      (b) A fair valuation, including, but not limited to, unrealized appreciation and depreciation; or

      (c) Any other method that is reasonable in the circumstances.

      4.  The effect of a distribution pursuant to subsection 2 must be measured:

      (a) In the case of a distribution by purchase, redemption or other acquisition of the corporation’s shares, as of the earlier of:

             (1) The date money or other property is transferred or debt incurred by the corporation; or

             (2) The date upon which the stockholder ceases to be a stockholder with respect to the acquired shares.

      (b) In the case of any other distribution of indebtedness, as of the date the indebtedness is distributed.

      (c) In all other cases, as of:

             (1) The date the distribution is authorized if the payment occurs within 120 days after the date of authorization; or

             (2) The date the payment is made if it occurs more than 120 days after the date of authorization.

      5.  A corporation’s indebtedness to a stockholder incurred by reason of a distribution made in accordance with this section is at parity with the corporation’s indebtedness to its general unsecured creditors except to the extent subordinated by agreement.

      6.  Indebtedness of a corporation, including indebtedness issued as a distribution, is not considered a liability for purposes of determinations pursuant to subsection 2 if its terms provide that payment of principal and interest are made only if and to the extent that payment of a distribution to stockholders could then be made pursuant to this section. If the indebtedness is issued as a distribution, each payment of principal or interest must be treated as a distribution, the effect of which must be measured on the date the payment is actually made.

      7.  This section does not apply to any distribution in liquidation pursuant to NRS 78.590.

      8.  The provisions of chapter 112 of NRS do not apply to any distribution made by a corporation in accordance with this chapter.

      Sec. 8. (Deleted by amendment.)

      Sec. 9. NRS 78.315 is hereby amended to read as follows:

      78.315  1.  Unless the articles of incorporation or the bylaws provide for a greater or lesser proportion, a majority of the board of directors of the corporation then in office, at a meeting duly assembled, is necessary to constitute a quorum for the transaction of business, and the act of directors holding a majority of the voting power of the directors, present at a meeting at which a quorum is present, is the act of the board of directors.

      2.  Unless otherwise restricted by the articles of incorporation or bylaws, any action required or permitted to be taken at a meeting of the board of directors or of a committee thereof may be taken without a meeting if, before or after the action, a written consent thereto is signed by all the members of the board or of the committee, except that such written consent is not required to be signed by:

      (a) A common or interested director who abstains in writing from providing consent to the action. If a common or interested director abstains in writing from providing consent:

 


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             (1) The fact of the common directorship, office or financial interest must be known to the board of directors or committee before a written consent is signed by all the members of the board of the committee.

             (2) Such fact must be described in the written consent.

             (3) The board of directors or committee must approve, authorize or ratify the action in good faith by unanimous consent without counting the abstention of the common or interested director.

      (b) A director who is a party to an action, suit or proceeding who abstains in writing from providing consent to the action of the board of directors or committee. If a director who is a party to an action, suit or proceeding abstains in writing from providing consent on the basis that he or she is a party to an action, suit or proceeding, the board of directors or committee must:

             (1) Make a determination pursuant to NRS [78.751] 78.7502 that indemnification of the director is proper under the circumstances.

             (2) Approve, authorize or ratify the action of the board of directors or committee in good faith by unanimous consent without counting the abstention of the director who is a party to an action, suit or proceeding.

      3.  Unless otherwise restricted by the articles of incorporation or bylaws, members of the board of directors or the governing body of any corporation, or of any committee designated by such board or body, may participate in a meeting of the board, body or committee through electronic communications, videoconferencing, teleconferencing or other available technology if the corporation has implemented reasonable measures to:

      (a) Verify the identity of each person participating through such means as a director or member of the governing body or committee, as the case may be; and

      (b) Provide the directors or members a reasonable opportunity to participate in the meeting and to vote on matters submitted to the directors or members, as the case may be, including an opportunity to communicate and to read or hear the proceedings of the meeting in a substantially concurrent manner with such proceedings.

      4.  Participation in a meeting pursuant to subsection 3 constitutes presence in person at the meeting.

      Sec. 10. NRS 78.320 is hereby amended to read as follows:

      78.320  1.  Unless this chapter, the articles of incorporation or the bylaws provide for different proportions:

      (a) A majority of the voting power, which includes the voting power that is present in person or by proxy, regardless of whether the proxy has authority to vote on [all matters,] any matter, constitutes a quorum for the transaction of business; and

      (b) Action by the stockholders on a matter other than the election of directors is approved if the number of votes cast in favor of the action exceeds the number of votes cast in opposition to the action.

      2.  Unless otherwise provided in the articles of incorporation or the bylaws, any action required or permitted to be taken at a meeting of the stockholders may be taken without a meeting if, before or after the action, a written consent thereto is signed by stockholders holding at least a majority of the voting power, except that if a different proportion of voting power is required for such an action at a meeting, then that proportion of written consents is required.

 


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      3.  In no instance where action is authorized by written consent need a meeting of stockholders be called or notice given.

      4.  Unless otherwise restricted by the articles of incorporation or bylaws, stockholders may participate in a meeting of stockholders through electronic communications, videoconferencing, teleconferencing or other available technology if the corporation has implemented reasonable measures to:

      (a) Verify the identity of each person participating through such means as a stockholder; and

      (b) Provide the stockholders a reasonable opportunity to participate in the meeting and to vote on matters submitted to the stockholders, including an opportunity to communicate, and to read or hear the proceedings of the meetings in a substantially concurrent manner with such proceedings.

      5.  [If authorized in] Unless otherwise restricted by the articles of incorporation or bylaws, a meeting of stockholders may be held solely by remote communication pursuant to subsection 4.

      6.  Participation in a meeting pursuant to subsection 4 constitutes presence in person at the meeting.

      7.  Unless this chapter, the articles of incorporation or the bylaws provide for different proportions, if voting by a class or series of stockholders is permitted or required:

      (a) A majority of the voting power of the class or series that is present in person or by proxy, regardless of whether the proxy has authority to vote on all matters, constitutes a quorum for the transaction of business; and

      (b) An act by the stockholders of each class or series is approved if a majority of the voting power of a quorum of the class or series votes for the action.

      Sec. 11. NRS 78.3788 is hereby amended to read as follows:

      78.3788  “Issuing corporation” means a corporation , as of any date, which is organized in this State and which:

      1.  Has 200 or more stockholders of record, at least 100 of whom have had addresses in this State appearing on the stock ledger of the corporation [;] at all times during the 90 days immediately preceding such date; and

      2.  Does business in this State directly or through an affiliated corporation.

      Sec. 12. NRS 78.390 is hereby amended to read as follows:

      78.390  1.  Except as otherwise provided in NRS 77.340 [,] or 78.209 or chapter 92A of NRS, every amendment to the articles of incorporation must be made in the following manner:

      (a) The board of directors must adopt a resolution setting forth the amendment proposed and [either call a special meeting of the stockholders entitled to vote on the amendment or direct that] submit the proposed amendment [be considered at the next annual meeting of] to the stockholders [entitled to vote on the amendment.] for approval.

      (b) [At the meeting, of which notice must be given to each stockholder entitled to vote pursuant to the provisions of this section, a vote of the stockholders entitled to vote in person or by proxy must be taken for and against the proposed amendment. If it appears upon the canvassing of the votes that] If stockholders holding shares in the corporation [entitling them to exercise] representing at least a majority of the voting power, or such greater proportion of the voting power as may be required in the case of a vote by classes or series, as provided in subsections 2 and 4, or as may be required by the provisions of the articles of incorporation, have [voted in favor of] approved the amendment, an officer of the corporation shall sign a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.

 


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favor of] approved the amendment, an officer of the corporation shall sign a certificate setting forth the amendment, or setting forth the articles of incorporation as amended, and the vote by which the amendment was adopted.

      (c) The certificate so signed must be filed with the Secretary of State.

      2.  Except as otherwise provided in this subsection, if any proposed amendment would adversely alter or change any preference or any relative or other right given to any class or series of outstanding shares, then , in addition to any approval otherwise required, the amendment must be approved by the [vote, in addition to the affirmative vote otherwise required, of the] holders of shares representing a majority of the voting power of each class or series adversely affected by the amendment regardless of limitations or restrictions on the voting power thereof. The amendment does not have to be approved by [the vote of] the holders of shares representing a majority of the voting power of each class or series whose preference or rights are adversely affected by the amendment if the articles of incorporation specifically deny the right to vote on such an amendment.

      3.  Provision may be made in the articles of incorporation requiring, in the case of any specified amendments, approval by a larger proportion of the voting power of stockholders than that required by this section.

      4.  Different series of the same class of shares do not constitute different classes of shares for the purpose of voting by classes except when the series is adversely affected by an amendment in a different manner than other series of the same class.

      5.  The resolution of the stockholders approving the proposed amendment may provide that at any time before the effective date of the amendment, notwithstanding approval of the proposed amendment by the stockholders, the board of directors may, by resolution, abandon the proposed amendment without further action by the stockholders.

      6.  A certificate filed pursuant to subsection 1 is effective at the time of the filing of the certificate with the Secretary of State or upon a later date and time as specified in the certificate, which date must not be more than 90 days after the date on which the certificate is filed. If a certificate filed pursuant to subsection 1 specifies a later effective date but does not specify an effective time, the certificate is effective at 12:01 a.m. in the Pacific time zone on the specified later date.

      7.  If a certificate filed pursuant to subsection 1 specifies a later effective date and if the resolution of the stockholders approving the proposed amendment provides that the board of directors may abandon the proposed amendment pursuant to subsection 5, the board of directors may terminate the effectiveness of the certificate by resolution and by filing a certificate of termination with the Secretary of State that:

      (a) Is filed before the effective date specified in the certificate filed with the Secretary of State pursuant to subsection 1;

      (b) Identifies the certificate being terminated;

      (c) States that, pursuant to the resolution of the stockholders, the board of directors is authorized to terminate the effectiveness of the certificate;

      (d) States that the effectiveness of the certificate has been terminated;

      (e) Is signed by an officer of the corporation; and

      (f) Is accompanied by a filing fee of $175.

 


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      Sec. 13. NRS 78.580 is hereby amended to read as follows:

      78.580  1.  If the board of directors of any corporation organized under this chapter decides that the corporation should be dissolved, the board may adopt a resolution to that effect.

      2.  If the corporation has issued no stock, only the directors need to approve the dissolution.

      3.  If the corporation has issued stock, the directors must recommend the dissolution to the stockholders. The board of directors may condition its submission of the proposal for dissolution on any lawful basis. [The] Unless the dissolution is to be approved by written consent pursuant to NRS 78.320, the corporation shall notify each stockholder, whether or not entitled to vote on dissolution, of the proposed dissolution and the stockholders entitled to vote must approve the dissolution. If the dissolution is approved by written consent pursuant to subsection 2 of NRS 78.320, the corporation shall notify each stockholder whose written consent was not solicited of the dissolution, in writing, not later than 10 days after the effective date of the dissolution.

      4.  If the dissolution is approved by the directors or both the directors and stockholders, as respectively provided in subsections 2 and 3, the corporation shall file with the Secretary of State a certificate signed by an officer of the corporation setting forth that the dissolution has been approved by the directors, or by the directors and the stockholders, and a list of the names and addresses, either residence or business, of the corporation’s president, secretary and treasurer, or the equivalent thereof, and all of its directors.

      5.  The dissolution takes effect at the time of the filing of the certificate of dissolution with the Secretary of State or upon a later date and time as specified in the certificate, which date must be not more than 90 days after the date on which the certificate is filed. If a certificate of dissolution specifies a later effective date but does not specify an effective time, the certificate is effective at 12:01 a.m. in the Pacific time zone on the specified later date.

      Sec. 14. NRS 78.747 is hereby amended to read as follows:

      78.747  1.  Except as otherwise specifically provided by [specific] statute [,] or agreement, no [stockholder, director or officer of] person other than a corporation is individually liable for a debt or liability of the corporation [,] unless the [stockholder, director or officer] person acts as the alter ego of the corporation.

      2.  A [stockholder, director or officer] person acts as the alter ego of a corporation only if:

      (a) The corporation is influenced and governed by the [stockholder, director or officer;] person;

      (b) There is such unity of interest and ownership that the corporation and the [stockholder, director or officer] person are inseparable from each other; and

      (c) Adherence to the [corporate fiction of a separate] notion of the corporation being an entity separate from the person would sanction fraud or promote a manifest injustice.

      3.  The question of whether a [stockholder, director or officer] person acts as the alter ego of a corporation must be determined by the court as a matter of law.

 


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      Sec. 15. NRS 78.7502 is hereby amended to read as follows:

      78.7502  1.  A corporation may indemnify pursuant to this subsection any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, except an action by or in the right of the corporation, by reason of the fact that the person is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses, including attorneys’ fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by the person in connection with the action, suit or proceeding if the person:

      (a) Is not liable pursuant to NRS 78.138; or

      (b) Acted in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe the conduct was unlawful.

Ê The termination of any action, suit or proceeding by judgment, order, settlement, conviction or upon a plea of nolo contendere or its equivalent, does not, of itself, create a presumption that the person is liable pursuant to NRS 78.138 or did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the corporation, or that, with respect to any criminal action or proceeding, he or she had reasonable cause to believe that the conduct was unlawful.

      2.  A corporation may indemnify pursuant to this subsection any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that the person is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses, including amounts paid in settlement and attorneys’ fees actually and reasonably incurred by the person in connection with the defense or settlement of the action or suit if the person:

      (a) Is not liable pursuant to NRS 78.138; or

      (b) Acted in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the corporation.

Ê Indemnification pursuant to this section may not be made for any claim, issue or matter as to which such a person has been adjudged by a court of competent jurisdiction, after exhaustion of [all] any appeals taken therefrom, to be liable to the corporation or for amounts paid in settlement to the corporation, unless and only to the extent that the court in which the action or suit was brought or other court of competent jurisdiction determines upon application that in view of all the circumstances of the case, the person is fairly and reasonably entitled to indemnity for such expenses as the court deems proper.

      3.  [To the extent that] Any discretionary indemnification pursuant to this section, unless ordered by a court or advanced pursuant to subsection 2 of NRS 78.751, may be made by the corporation only as authorized in each specific case upon a determination that the indemnification of a director, officer, employee or agent of a corporation [has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subsections 1 and 2, or in defense of any claim, issue or matter therein, the corporation shall indemnify him or her against expenses, including attorneys’ fees, actually and reasonably incurred by him or her in connection with the defense.]

 


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to in subsections 1 and 2, or in defense of any claim, issue or matter therein, the corporation shall indemnify him or her against expenses, including attorneys’ fees, actually and reasonably incurred by him or her in connection with the defense.] is proper under the circumstances. The determination must be made by:

      (a) The stockholders;

      (b) The board of directors, by majority vote of a quorum consisting of directors who were not parties to the action, suit or proceeding; or

      (c) Independent legal counsel, in a written opinion, if:

             (1) A majority vote of a quorum consisting of directors who were not parties to the action, suit or proceeding so orders; or

             (2) A quorum consisting of directors who were not parties to the action, suit or proceeding cannot be obtained.

      Sec. 16. NRS 78.751 is hereby amended to read as follows:

      78.751  1.  [Any discretionary indemnification pursuant to NRS 78.7502, unless ordered by a court or advanced pursuant to subsection 2, may be made by the] A corporation [only as authorized in the specific case upon a determination that indemnification of the] shall indemnify any person who is a director, officer, employee or agent to the extent that the person is [proper in the circumstances. The determination must be made:

      (a) By the stockholders;

      (b) By the board of directors by majority vote of a quorum consisting of directors who were not parties to the action, suit or proceeding;

      (c) If a majority vote of a quorum consisting of directors who were not parties to the action, suit or proceeding so orders, by independent legal counsel in a written opinion; or

      (d) If a quorum consisting of directors who were not parties to the action, suit or proceeding cannot be obtained, by independent legal counsel in a written opinion.] successful on the merits or otherwise in defense of:

      (a) Any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative, including, without limitation, an action by or in the right of the corporation, by reason of the fact that the person is or was a director, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise; or

      (b) Any claim, issue or matter therein,

Ê against expenses actually and reasonably incurred by the person in connection with defending the action, including, without limitation, attorney’s fees.

      2.  [The] Unless otherwise restricted by the articles of incorporation, the bylaws or an agreement made by the corporation, the corporation may [provide that] pay the expenses of officers and directors incurred in defending a civil or criminal action, suit or proceeding [must be paid by the corporation] as they are incurred and in advance of the final disposition of the action, suit or proceeding, upon receipt of an undertaking by or on behalf of the director or officer to repay the amount if it is ultimately determined by a court of competent jurisdiction that the director or officer is not entitled to be indemnified by the corporation. The articles of incorporation, the bylaws or an agreement made by the corporation may require the corporation to pay such expenses upon receipt of such an undertaking. The provisions of this subsection do not affect any rights to advancement of expenses to which corporate personnel other than directors or officers may be entitled under any contract or otherwise by law.

 


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this subsection do not affect any rights to advancement of expenses to which corporate personnel other than directors or officers may be entitled under any contract or otherwise by law.

      3.  The indemnification pursuant to NRS 78.7502 and advancement of expenses authorized in or ordered by a court pursuant to this section:

      (a) Does not exclude any other rights to which a person seeking indemnification or advancement of expenses may be entitled under the articles of incorporation or any bylaw, agreement, vote of stockholders or disinterested directors or otherwise, for either an action in the person’s official capacity or an action in another capacity while holding office, except that indemnification, unless ordered by a court pursuant to NRS 78.7502 or for the advancement of expenses made pursuant to subsection 2, may not be made to or on behalf of any director or officer [if a final adjudication establishes that the director’s or officer’s acts or omissions involved] finally adjudged by a court of competent jurisdiction, after exhaustion of any appeals taken therefrom, to be liable for intentional misconduct, fraud or a knowing violation of [the] law , and such misconduct, fraud or violation was material to the cause of action.

      (b) Continues for a person who has ceased to be a director, officer, employee or agent and inures to the benefit of the heirs, executors and administrators of such a person.

      4.  Unless the articles of incorporation, the bylaws or an agreement made by a corporation provide otherwise, if a person is entitled to indemnification or the advancement of expenses from the corporation and any other person, the corporation is the primary obligor with respect to such indemnification or advancement.

      5.  A right to indemnification or to advancement of expenses arising under a provision of the articles of incorporation or any bylaw is not eliminated or impaired by an amendment to such provision after the occurrence of the act or omission that is the subject of the civil, criminal, administrative or investigative action, suit or proceeding for which indemnification or advancement of expenses is sought, unless the provision in effect at the time of such act or omission explicitly authorizes such elimination or impairment after such [action] act or omission has occurred.

      [(b) Continues for a person who has ceased to be a director, officer, employee or agent and inures to the benefit of the heirs, executors and administrators of such a person.]

      Sec. 17. NRS 82.181 is hereby amended to read as follows:

      82.181  1.  A corporation shall keep a copy of the following records at its principal office or with its custodian of records whose name and street address are available at the corporation’s registered office:

      (a) A copy, certified by the Secretary of State, of its articles and all amendments thereto;

      (b) A copy, certified by an officer of the corporation, of its bylaws and all amendments thereto; and

      (c) If the corporation has members, a members’ ledger or a duplicate members’ ledger, revised annually, containing only the names, alphabetically arranged, of all persons who are members of the corporation, showing their places of residence, if known, and the class of membership held by each.

      2.  A corporation must maintain the records required by subsection 1 in written form or in another form capable of conversion into written form within a reasonable time.

 


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      3.  A director or any person who has been a member of record of a corporation for at least 6 months, or at least 5 percent of the members of the corporation, upon at least 5 days’ written demand, is entitled to inspect in person or by agent or attorney, during usual business hours, the members’ ledger or duplicate ledger and to make copies therefrom. Every corporation that neglects or refuses to keep the members’ ledger or duplicate copy thereof open for inspection, as required by this subsection, shall forfeit to the State the sum of $25 for every day of such neglect or refusal.

      4.  If the records required by subsection 1 are [kept outside of] not made available for inspection at a location within this State [, a] pursuant to a proper demand pursuant to subsection 3, the director or other person [entitled to inspect those records] demanding the inspection may serve a demand [to inspect the records] upon the corporation’s registered agent [.] that the records to be inspected be sent to the demanding director or other person or the agent or attorney thereof. Upon such a [request,] demand, the corporation shall send copies of the requested records [,] required by subsection 1, either in paper or electronic form, to the director , [or] other person , agent or attorney entitled to inspect the requested records within 10 business days after service of the [request] demand upon the registered agent. [Every corporation that neglects or refuses to keep the members’ ledger or duplicate copy thereof open for inspection, as required in this subsection, shall forfeit to the State the sum of $25 for every day of such neglect or refusal.

      4.]5.  An inspection authorized by subsection 3 or 4 may be denied to a member or other person upon the refusal of the member or other person to furnish to the corporation an affidavit that the inspection is not desired for any purpose not relating to his or her interest as a member, including, but not limited to, those purposes set forth in subsection [5.] 6.

      [5.]6.  It is a defense to any action to enforce the provisions of this section or for charges, penalties or damages under this section that the person suing has used or intends to use the list for any of the following purposes:

      (a) To solicit money or property from the members unless the money or property will be used solely to solicit the votes of members;

      (b) For any commercial purpose or purpose in competition with the corporation;

      (c) To sell to any person; or

      (d) For any other purpose not related to his or her interest as a member.

      [6.]7.  This section does not impair the power or jurisdiction of any court to compel the production for examination of the books of a corporation in any proper case.

      [7.]8.  In every instance where an attorney or other agent of the director or member seeks the right of inspection, the demand must be accompanied by a power of attorney signed by the director or member authorizing the attorney or other agent to inspect on behalf of the director or member.

      [8.]9.  The right to copy records under subsection 3 includes, if reasonable, the right to make copies by photographic, xerographic or other means.

      [9.]10.  The corporation may impose a reasonable charge, covering costs of labor, materials and copies of any records provided to the member or director.

 


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      Sec. 18. Chapter 86 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 and 20 of this act.

      Sec. 19. 1.  Except as otherwise specifically provided by statute or agreement, no person other than the limited-liability company is individually liable for a debt or liability of the limited-liability company unless the person acts as the alter ego of the limited-liability company.

      2.  A person acts as the alter ego of a limited-liability company only if:

      (a) The limited-liability company is influenced and governed by the person;

      (b) There is such unity of interest and ownership that the limited-liability company and the person are inseparable from each other; and

      (c) Adherence to the notion of the limited-liability company being an entity separate from the person would sanction fraud or promote manifest injustice.

      3.  The question of whether a person acts as the alter ego of a limited-liability company must be determined by the court as a matter of law.

      Sec. 20. The duties of a manager or managing member of a limited-liability company to the limited-liability company, to any series of the limited-liability company, to any member or to another person that is a party to or otherwise bound by the operating agreement are only:

      1.  The implied contractual covenant of good faith and fair dealing; and

      2.  Such other duties, including, without limitation, fiduciary duties, if any, as are expressly prescribed by the articles of organization or the operating agreement.

      Sec. 21. NRS 86.131 is hereby amended to read as follows:

      86.131  The provisions of this chapter apply to commerce with foreign nations and among the several states. It is the intention of the Legislature by enactment of this chapter that the legal existence of limited-liability companies formed under this chapter , and any series thereof, be recognized beyond the limits of this State and that, subject to any reasonable requirement of registration, any such company transacting business outside this State be granted protection of full faith and credit under Section 1 of Article IV of the Constitution of the United States.

      Sec. 22. NRS 86.241 is hereby amended to read as follows:

      86.241  1.  Each limited-liability company shall continuously keep at its principal office in this State or with its custodian of records whose name and street address are available at its registered office, unless otherwise provided by an operating agreement, the following:

      (a) A current list of the full name and last known business address of each member and manager, separately identifying the members in alphabetical order and the managers, if any, in alphabetical order;

      (b) A copy of the filed articles of organization and all amendments thereto, together with signed copies of any powers of attorney pursuant to which any record has been signed; and

      (c) Copies of any then effective operating agreement of the company.

      2.  Each member of a limited-liability company is entitled to obtain from the company, from time to time upon reasonable demand, for any purpose reasonably related to the interest of the member as a member of the company:

 


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      (a) The records required to be maintained pursuant to subsection 1;

      (b) True and, in light of the member’s stated purpose, complete records regarding the activities and the status of the business and financial condition of the company;

      (c) Promptly after becoming available, a copy of the company’s federal, state and local income tax returns for each year;

      (d) True and complete records regarding the amount of cash and a description and statement of the agreed value of any other property or services contributed by each member and which each member has agreed to contribute in the future, and the date on which each became a member; and

      (e) Other records regarding the affairs of the company as is just and reasonable under the circumstances and in light of the member’s stated purpose for demanding such records.

Ê The right to obtain records under this subsection includes, if reasonable, the right to make copies or abstracts by photographic, xerographic, electronic or other means.

      3.  Each manager of a limited-liability company managed by a manager or managers is entitled to examine from time to time upon reasonable demand, for a purpose reasonably related to the manager’s rights, powers and duties as such, the records described in subsection 2.

      4.  Any demand by a member or manager under subsection 2 or 3 is subject to such reasonable standards regarding at what time and location and at whose expense records are to be furnished as may be set forth in the articles of organization or in an operating agreement adopted or amended as provided in subsection [7] 8, or, if no such standards are set forth in the articles of organization or operating agreement, the records must be provided or made available for examination, as the case may be, during ordinary business hours, [at the company’s principal office in this State and] at the expense of the demanding member or manager.

      5.  If [such] the records [are maintained outside of] subject to a demand pursuant to subsection 2 or 3 are not available to obtain or made available for examination, as applicable, at a location within this State [,] upon a reasonable demand made pursuant to subsection 2 or 3, the manager or member may serve a demand [for the records] upon the limited-liability company’s registered agent [.] that the records to be obtained or examined be sent to the demanding manager or member. Upon [receipt of] such a demand , the limited-liability company shall send copies of the requested records [,] described in subsection 2 either in paper or electronic form to the manager or member within 10 business days after the demand is served upon the registered agent.

      [5.]6.  Any demand by a member or manager under this section must be in writing and must state the purpose of such demand. When a demanding member seeks to obtain or a manager seeks to examine the records described in subsection 2, the demanding member or manager must first establish that:

      (a) The demanding member or manager has complied with the provisions of this section respecting the form and manner of making a demand for obtaining or examining such records; and

      (b) The records sought by the demanding member or manager are reasonably related to the member’s interest as a member or the manager’s rights, powers and duties as a manager, as the case may be.

      [6.]7.  In every instance where an attorney or other agent of a member or manager seeks to exercise any right arising under this section on behalf of such member or manager, the demand must be accompanied by a power of attorney signed by the member or manager authorizing the attorney or other agent to exercise such rights on behalf of the member or manager.

 


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such member or manager, the demand must be accompanied by a power of attorney signed by the member or manager authorizing the attorney or other agent to exercise such rights on behalf of the member or manager.

      [7.]8.  The rights of a member to obtain or a manager to examine records as provided in this section may be restricted or denied entirely in the articles of organization or in an operating agreement adopted by all of the members or by the sole member or in any subsequent amendment adopted by all of the members at the time of amendment.

      Sec. 23. NRS 86.281 is hereby amended to read as follows:

      86.281  A limited-liability company organized and existing pursuant to this chapter , or any series thereof, may exercise the powers and privileges granted by this chapter and may:

      1.  Sue and be sued, complain and defend, in its name;

      2.  Purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or an interest in it, wherever situated;

      3.  Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property and assets;

      4.  Lend money to and otherwise assist its members;

      5.  Purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge or otherwise dispose of, and otherwise use and deal in and with shares, member’s interests or other interests in or obligations of domestic or foreign limited-liability companies, domestic or foreign corporations, joint ventures or similar associations, general or limited partnerships or natural persons, or direct or indirect obligations of the United States or of any government, state, territory, governmental district or municipality or of any instrumentality of it;

      6.  Make contracts and guarantees and incur liabilities, borrow money at such rates of interest as the company may determine, issue its notes, bonds and other obligations and secure any of its obligations by mortgage or pledge of all or any part of its property, franchises and income;

      7.  Lend, invest and reinvest its money and take and hold real property and personal property for the payment of money so loaned or invested;

      8.  Conduct its business, carry on its operations and have and exercise the powers granted by this chapter in any state, territory, district or possession of the United States, or in any foreign country;

      9.  Appoint managers and agents, define their duties and fix their compensation;

      10.  Cease its activities and [surrender its articles of organization;] terminate its existence in accordance with this chapter;

      11.  Exercise all powers necessary or convenient to effect any of the purposes for which the company or series is organized; and

      12.  Hold a license issued pursuant to the provisions of chapter 463 of NRS.

      Sec. 24. NRS 86.301 is hereby amended to read as follows:

      86.301  Except as otherwise provided in this chapter, [its] the articles of organization or [its] the operating agreement, no debt may be contracted or liability incurred by or on behalf of a limited-liability company [,] or any series thereof except by:

      1.  One or more managers of a company or series which is managed by a manager or managers;

 


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      2.  Any member of a company or series which is managed by its members;

      3.  Any agent, officer, employee or other representative of the company or series, as authorized in the operating agreement or in another writing by a manager or managers, if the company or series is managed by a manager or managers; or

      4.  Any agent, officer, employee or other representative of the company or series authorized in the operating agreement or in another writing by a member [,] thereof, if the company or series is managed by its members.

      Sec. 25. NRS 86.321 is hereby amended to read as follows:

      86.321  The contributions to capital of a member to a limited-liability company or series may be in cash, property or services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services.

      Sec. 26. NRS 86.531 is hereby amended to read as follows:

      86.531  1.  Except in the case of a dissolution pursuant to NRS 86.490, as soon as practicable after the dissolution of a limited-liability company, articles of dissolution must be prepared and signed setting forth:

      (a) The name of the limited-liability company;

      (b) That the company has been [or will be] dissolved; and

      (c) The effective date and time of the dissolution, which may not be later than the effective date and time of the articles of dissolution.

      2.  The articles of dissolution must be signed by:

      (a) A manager of the company, if management of the company is vested in a manager;

      (b) A member of the company, if management of the company is not vested in a manager; or

      (c) The personal representative of the last remaining member, if there is no remaining manager or member, unless otherwise provided in the articles of organization or operating agreement.

      Sec. 27. Chapter 92A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Unless otherwise expressly required by the articles of incorporation, no vote of the stockholders of a publicly traded corporation is necessary to authorize a merger in which the publicly traded corporation is a constituent entity if the plan of merger expressly permits or requires the merger to be effected under this section and:

      (a) The ownership threshold requirement is satisfied without any offer, subject to the provisions of subsection 2; or

      (b) The ownership threshold requirement is satisfied in whole or in part by way of an offer and the plan of merger requires that:

             (1) The merger must be effected as soon as practicable following the consummation of the offer if the merger is effected under this section; and

             (2) Each outstanding share of each class or series of stock of the publicly traded corporation that is the subject of, and not irrevocably accepted for purchase or exchange in, the offer must be converted in such merger into, or into the right to receive, the same amount and kind of cash, property, rights or securities to be paid for shares of such class or series of stock of the publicly traded corporation irrevocably accepted for purchase or exchange in the offer. The plan of merger may expressly provide that the requirements of this subparagraph must not apply to specified categories of excluded shares.

 


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      2.  If a merger pursuant to this section is to be effectuated without any offer:

      (a) The ownership threshold requirement must be satisfied without counting the voting power of any shares of the stock of the publicly traded corporation acquired from the publicly traded corporation, or any of the directors, officers, affiliates or associates thereof, within the 6 months immediately preceding the adoption of the plan of merger; and

      (b) The publicly traded corporation must provide notice of the merger to all of its stockholders not less than 30 days before the effective date of the merger.

      3.  This section does not apply to circumvent or contravene the provisions of NRS 78.378 to 78.3793, inclusive, or NRS 78.411 to 78.444, inclusive.

      4.  As used in this section:

      (a) “Affiliate” has the meaning ascribed to it in NRS 78.412.

      (b) “Associate” has the meaning ascribed to it in NRS 78.413.

      (c) “Consummation” means the irrevocable acceptance for purchase or exchange of shares tendered pursuant to an offer.

      (d) “Excluded shares” means:

             (1) Rollover shares; and

             (2) Shares of the publicly traded corporation that are owned beneficially or of record at the commencement of an offer by:

                   (I) The publicly traded corporation;

                   (II) The constituent entity making the offer;

                   (III) Any person who owns, directly or indirectly, all of the outstanding equity interests of the constituent entity making the offer; or

                   (IV) Any direct or indirect wholly owned subsidiary of any of the foregoing.

      (e) “Offer” means an offer made by the other constituent entity in the merger for all of the outstanding shares of each class or series of stock of the publicly traded corporation listed on a national securities exchange, on the terms provided in the plan of merger that, absent this section, would be entitled to vote on the adoption of the plan of merger. The other constituent entity in the merger may, but is not required to, engage in the consummation of separate offers for separate classes or series of the stock of the publicly traded corporation. An offer may, but is not required to:

             (1) Exclude any excluded shares; and

             (2) Be conditioned on the tender of a minimum number or proportion of shares of any class or series of the stock of the publicly traded corporation.

      (f) “Owned affiliate” means, with respect to a constituent entity, any other person who owns, directly or indirectly, all of the outstanding equity interests of the constituent entity, or any direct or indirect wholly owned subsidiary of the constituent entity or other person.

      (g) “Ownership threshold requirement” means that the voting power of the stock of the publicly traded corporation otherwise owned beneficially or of record by the other constituent entity in the merger or any of the owned affiliates of the other constituent entity, together with the voting power of any rollover shares and any shares irrevocably accepted for purchase or exchange pursuant to any offer and received before the expiration of the offer by the agent or depositary appointed to facilitate the consummation of the offer, equals at least that proportion of the voting power of the stock, and of each class or series thereof, of the publicly traded corporation that, absent this section, would be required to approve the plan of merger under this chapter and the articles of incorporation and bylaws of the publicly traded corporation.

 


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and of each class or series thereof, of the publicly traded corporation that, absent this section, would be required to approve the plan of merger under this chapter and the articles of incorporation and bylaws of the publicly traded corporation. For the purposes of this paragraph, shares are received:

             (1) If the shares are certificated shares, upon physical receipt by the agent or depositary of a stock certificate with an executed letter of transmittal or other instrument of transfer;

             (2) If the shares are uncertificated shares held of record by a clearing corporation as nominee, upon transfer into the account of the agent or depositary by way of an agent’s message; and

             (3) If the shares are uncertificated shares held of record by a person other than a clearing corporation as nominee, upon physical receipt by the agent or depositary of an executed letter of transmittal or other instrument of transfer.

      (h) “Publicly traded corporation” means a domestic corporation that has a class or series of voting shares which is a covered security under section 18(b)(1)(A) or (B) of the Securities Act of 1933, 15 U.S.C. § 77r(b)(1)(A) or (B), as amended.

      (i) “Rollover shares” means any shares of any class or series of the capital stock of the publicly traded corporation that are the subject of a written agreement requiring such shares to be contributed or otherwise transferred to the other constituent entity in the merger or any of the owned affiliates of the other constituent entity in exchange for shares or other equity interest in the other constituent entity or any of its owned affiliates. Shares must cease to be rollover shares if, as of the effective time of the merger, the shares have not been contributed or otherwise transferred pursuant to the written agreement.

      Sec. 28. NRS 92A.380 is hereby amended to read as follows:

      92A.380  1.  Except as otherwise provided in NRS 92A.370 and 92A.390 and subject to the limitation in paragraph (f), any stockholder is entitled to dissent from, and obtain payment of the fair value of the stockholder’s shares in the event of any of the following corporate actions:

      (a) Consummation of a plan of merger to which the domestic corporation is a constituent entity:

             (1) If approval by the stockholders is required for the merger by NRS 92A.120 to 92A.160, inclusive, or the articles of incorporation, regardless of whether the stockholder is entitled to vote on the plan of merger; [or]

             (2) If the domestic corporation is a subsidiary and is merged with its parent pursuant to NRS 92A.180 [.] ; or

             (3) The domestic corporation is a constituent entity in a merger pursuant to section 27 of this act.

      (b) Consummation of a plan of conversion to which the domestic corporation is a constituent entity as the corporation whose subject owner’s interests will be converted.

      (c) Consummation of a plan of exchange to which the domestic corporation is a constituent entity as the corporation whose subject owner’s interests will be acquired, if the stockholder’s shares are to be acquired in the plan of exchange.

      (d) Any corporate action taken pursuant to a vote of the stockholders to the extent that the articles of incorporation, bylaws or a resolution of the board of directors provides that voting or nonvoting stockholders are entitled to dissent and obtain payment for their shares.

 


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board of directors provides that voting or nonvoting stockholders are entitled to dissent and obtain payment for their shares.

      (e) Accordance of full voting rights to control shares, as defined in NRS 78.3784, only to the extent provided for pursuant to NRS 78.3793.

      (f) Any corporate action not described in this subsection [that will result in] pursuant to which the stockholder [receiving] would be obligated, as a result of the corporate action, to accept money or scrip [instead of] rather than receive a fraction of a share in exchange for the cancellation of all the stockholder’s outstanding shares, except where the stockholder would not be entitled to receive such payment pursuant to NRS 78.205, 78.2055 or 78.207. A dissent pursuant to this paragraph applies only to the fraction of a share, and the stockholder is entitled only to obtain payment of the fair value of the fraction of a share.

      2.  A stockholder who is entitled to dissent and obtain payment pursuant to NRS 92A.300 to 92A.500, inclusive, [may] must not challenge the corporate action creating the entitlement unless the action is unlawful or [fraudulent with respect to] constitutes or is the result of actual fraud against the stockholder or the domestic corporation.

      3.  Subject to the limitations in this subsection, from and after the effective date of any corporate action described in subsection 1, no stockholder who has exercised the right to dissent pursuant to NRS 92A.300 to 92A.500, inclusive, is entitled to vote his or her shares for any purpose or to receive payment of dividends or any other distributions on shares. This subsection does not apply to dividends or other distributions payable to stockholders on a date before the effective date of any corporate action from which the stockholder has dissented. If a stockholder exercises the right to dissent with respect to a corporate action described in paragraph (f) of subsection 1, the restrictions of this subsection apply only to the shares to be converted into a fraction of a share and the dividends and distributions to those shares.

      Sec. 29. NRS 92A.390 is hereby amended to read as follows:

      92A.390  1.  There is no right of dissent [with respect to a plan of merger, conversion or exchange] pursuant to paragraph (a), (b), (c) or (f) of subsection 1 of NRS 92A.380 in favor of stockholders of any class or series which is:

      (a) A covered security under section 18(b)(1)(A) or (B) of the Securities Act of 1933, 15 U.S.C. § 77r(b)(1)(A) or (B), as amended;

      (b) Traded in an organized market and has at least 2,000 stockholders and a market value of at least $20,000,000, exclusive of the value of such shares held by the corporation’s subsidiaries, senior executives, directors and beneficial stockholders owning more than 10 percent of such shares; or

      (c) Issued by an open end management investment company registered with the Securities and Exchange Commission under the Investment Company Act of 1940, 15 U.S.C. §§ 80a-1 et seq., as amended, and which may be redeemed at the option of the holder at net asset value,

Ê unless the articles of incorporation of the corporation issuing the class or series or the resolution of the board of directors approving the plan of merger, conversion or exchange expressly provide otherwise.

      2.  The applicability of subsection 1 must be determined as of:

      (a) The record date fixed to determine the stockholders entitled to receive notice of and to vote at the meeting of stockholders to act upon the corporate action requiring dissenter’s rights; or

 


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      (b) The day before the effective date of such corporate action if there is no meeting of stockholders.

      3.  Subsection 1 is not applicable and dissenter’s rights are available pursuant to NRS 92A.380 for the holders of any class or series of shares who are required by the terms of the corporate action [requiring dissenter’s rights] to accept for such shares anything other than [cash or shares of any class or any series of shares of any corporation, or any] :

      (a) Cash;

      (b) Any security or other proprietary interest of any other entity, including, without limitation, shares, equity interests or contingent value rights, that satisfies the standards set forth in subsection 1 at the time the corporate action becomes effective [.] ; or

      (c) Any combination of paragraphs (a) and (b).

      4.  There is no right of dissent for any holders of stock of the surviving domestic corporation if the plan of merger does not require action of the stockholders of the surviving domestic corporation under NRS 92A.130.

      5.  There is no right of dissent for any holders of stock of the parent domestic corporation if the plan of merger does not require action of the stockholders of the parent domestic corporation under NRS 92A.180.

      Sec. 30. NRS 92A.410 is hereby amended to read as follows:

      92A.410  1.  If a proposed corporate action creating dissenter’s rights is submitted to a vote at a stockholders’ meeting, the notice of the meeting must state that stockholders are, are not or may be entitled to assert dissenter’s rights under NRS 92A.300 to 92A.500, inclusive. If the domestic corporation concludes that dissenter’s rights are or may be available, a copy of NRS 92A.300 to 92A.500, inclusive, must accompany the meeting notice sent to those [record] stockholders of record entitled to exercise dissenter’s rights.

      2.  If the corporate action creating dissenter’s rights is taken by written consent of the stockholders or without a vote of the stockholders, the domestic corporation shall notify in writing all stockholders of record entitled to assert dissenter’s rights that the action was taken and send them the dissenter’s notice described in NRS 92A.430.

      Sec. 31.  The amendatory provisions of section 20 of this act apply to a limited-liability company that filed its original articles of organization:

      1.  On or after October 1, 2019; or

      2.  Before October 1, 2019, if the limited-liability company:

      (a) Voluntarily elects to be governed by the provisions of section 20 of this act; or

      (b) Was managed by a sole member before October 1, 2019, and:

             (1) Becomes managed by one or more managers on or after October 1, 2019; or

             (2) Admits one or more additional members on or after October 1, 2019.

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ê2019 Statutes of Nevada, Page 112ê

 

CHAPTER 20, AB 221

Assembly Bill No. 221–Committee on Judiciary

 

CHAPTER 20

 

[Approved: May 8, 2019]

 

AN ACT relating to gaming; authorizing certain persons who are under 21 years of age to be employed as gaming employees under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) prohibits a person who is under 21 years of age from being employed as a gaming employee, except in a counting room; and (2) provides that a licensee who violates or permits the violation of this prohibition is guilty of a misdemeanor. (NRS 463.350) Existing law also establishes the age of majority in Nevada, which is the age at which a person is legally considered an adult and may enter into a valid contract, as: (1) 18 years of age; or (2) 16 years of age if the person is married or living apart from his or her parents or legal guardian and has been declared emancipated by a court. (NRS 129.010)

      This bill authorizes a person who is of the age of majority to be employed as a gaming employee by a licensed manufacturer or distributor at the business premises of the licensed manufacturer or distributor under 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 463.350 is hereby amended to read as follows:

      463.350  1.  A person under the age of 21 years shall not:

      (a) Play, be allowed to play, place wagers at, or collect winnings from, whether personally or through an agent, any gambling game, slot machine, race book, sports pool or pari-mutuel operator.

      (b) Loiter, or be permitted to loiter, in or about any room or premises wherein any licensed game, race book, sports pool or pari-mutuel wagering is operated or conducted.

      (c) [Be] Except as otherwise provided in subsection 2, be employed as a gaming employee except in a counting room.

      2.  A person who is of the age of majority as provided in NRS 129.010 may be employed as a gaming employee by a licensed manufacturer or distributor at the business premises of the licensed manufacturer or distributor if the employee:

      (a) Designs, develops, programs, produces or composes a control program or other software, source language or executable code of a gaming device, associated equipment or a gaming support system, subject to peer review and change management procedures adopted by the licensee;

      (b) Fabricates or assembles the components of a gaming device, associated equipment or a gaming support system; or

      (c) Installs, modifies, repairs or maintains a gaming device, associated equipment or a gaming support system.

      3.  Any licensee, employee, dealer or other person who violates or permits the violation of any of the provisions of this section and any person [,] who is under 21 years of age [,] or not eligible to be employed as a gaming employee pursuant to subsection 2 who violates any of the provisions of this section is guilty of a misdemeanor.

 


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ê2019 Statutes of Nevada, Page 113 (CHAPTER 20, AB 221)ê

 

[,] who is under 21 years of age [,] or not eligible to be employed as a gaming employee pursuant to subsection 2 who violates any of the provisions of this section is guilty of a misdemeanor.

      [3.] 4.  In any prosecution or other proceeding for the violation of any of the provisions of this section, it is no excuse for the licensee, employee, dealer or other person to plead that he or she believed the person to be 21 years old or over [.] or to be eligible to be employed as a gaming employee pursuant to subsection 2.

      Sec. 2.  This act becomes effective on July 1, 2019.

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CHAPTER 21, AB 98

Assembly Bill No. 98–Committee on Government Affairs

 

CHAPTER 21

 

[Approved: May 9, 2019]

 

AN ACT relating to the Tahoe-Douglas Visitor’s Authority; clarifying the uses of the convention center for which the Authority is required to use certain tax proceeds to plan, construct and operate; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Tahoe-Douglas Visitor’s Authority to use a portion of the proceeds of the occupancy tax paid by vendors located in the Tahoe Township of Douglas County exclusively for: (1) the advertising, publicizing and promotion of tourism and recreation; and (2) the planning, construction and operation of a convention center in the Township. (Section 26 of chapter 496, Statutes of Nevada 1997, at p. 2378) This bill clarifies that the convention center may be used for other events in addition to conventions.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 26 of the Tahoe-Douglas Visitor’s Authority Act, being chapter 496, Statutes of Nevada 1997, as amended by chapter 496, Statutes of Nevada 1997, at page 2379, is hereby amended to read as follows:

       Sec. 26.  1.  From the proceeds of the occupancy tax paid by vendors located in the township, the governing body shall:

       (a) Pay the principal of, interest on and any prior redemption premiums due in connection with any securities issued by the county pursuant to the Douglas County Lodgers Tax Law which were secured with the proceeds of the occupancy tax collected pursuant to the Douglas County Lodgers Tax Law.

       (b) After allocation of those proceeds pursuant to paragraph (a), pay any obligations incurred before July 1, 1997, pursuant to any contractual agreements between the governing body and the Lake Tahoe Visitor’s Authority.

 


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       2.  A portion of the proceeds of the occupancy tax paid by vendors located in the Township, not to exceed 1 percent of the amount collected, may be used to collect and administer the tax.

       3.  One-eighth of the proceeds of the occupancy tax paid by vendors located in the Township must be remitted to the Authority.

       4.  After allocation pursuant to subsections 1, 2 and 3 of the proceeds of the occupancy tax paid by vendors located in the Township, the remaining proceeds must be allocated as follows:

       (a) Except as otherwise provided in paragraph (b), for each Fiscal Year beginning on or after July 1, 1999, 50 percent of those proceeds must be retained by the governing body for expenditure in any manner authorized for the expenditure of the proceeds of a tax imposed pursuant to the Douglas County Lodgers Tax Law and 50 percent of those proceeds must be remitted to the Authority.

       (b) Except as otherwise provided in paragraph (c), for each Fiscal Year beginning on or after July 1, 2000, the governing body shall revise the allocation required pursuant to this subsection in such a manner that the amount of those proceeds retained by the governing body is reduced, and the amount remitted to the Authority is increased, from the amounts for the prior fiscal year by not less than 2 percent and not more than 5 percent of the total amount of the proceeds allocated pursuant to this subsection, until the amount retained by the governing body for each fiscal year equals 35 percent of those proceeds and the amount remitted to the Authority for each fiscal year equals 65 percent of those proceeds.

       (c) The governing body may, for not more than one of the Fiscal Years beginning on or after July 1, 2000, elect not to make a revision otherwise required pursuant to paragraph (b).

       5.  The proceeds remitted to the Authority pursuant to subsections 3 and 4 must be used exclusively for:

       (a) The advertising, publicizing and promotion of tourism and recreation; and

       (b) The planning, construction and operation of a multiuse event and convention center in the Township.

      Sec. 2.  This act becomes effective upon passage and approval.

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ê2019 Statutes of Nevada, Page 115ê

 

CHAPTER 22, AB 189

Assembly Bill No. 189–Assemblymen Martinez, Carrillo; Bilbray-Axelrod, Duran, Flores, Gorelow, Munk, Nguyen, Swank, Torres and Watts

 

CHAPTER 22

 

[Approved: May 9, 2019]

 

AN ACT relating to criminal procedure; prohibiting a law enforcement officer conducting a search of a person from performing a body cavity search unless the search warrant contains specific authorization to perform a body cavity search; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the issuance of a search warrant to search a place or a person for: (1) any property that is stolen or embezzled; (2) any property that is designed or intended for use or which is or has been used as the means of committing a criminal offense; or (3) any property when the property consists of any item or constitutes any evidence which tends to show that a criminal offense has been committed or that a particular person has committed a criminal offense. (NRS 179.035) This bill prohibits a law enforcement officer conducting a search of a person pursuant to a search warrant from performing a body cavity search unless the search warrant contains specific authorization to perform a body cavity search.

 

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

      1.  An officer conducting a search of a person pursuant to a warrant shall not perform a body cavity search of the person unless the warrant contains specific authorization from the magistrate who issued the warrant to perform a body cavity search of the person. Such specific authorization must set forth the reasons for the necessity of a body cavity search of the person.

      2.  As used in this section:

      (a) “Body cavity” means, with respect to:

             (1) A male person, the rectum.

             (2) A female person, the rectum or vagina.

      (b) “Body cavity search” means the touching or probing of a body cavity of a person, regardless of whether or not there is actual penetration of that body cavity.

      Sec. 2. NRS 179.015 is hereby amended to read as follows:

      179.015  As used in NRS 179.015 to 179.115, inclusive, and section 1 of this act, the term “property” includes documents, books, papers and any other tangible objects.

      Sec. 3.  The amendatory provisions of this act apply to a warrant issued on or after October 1, 2019.

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ê2019 Statutes of Nevada, Page 116ê

 

CHAPTER 23, AB 130

Assembly Bill No. 130–Committee on Health and Human Services

 

CHAPTER 23

 

[Approved: May 9, 2019]

 

AN ACT relating to persons with disabilities; transferring the duties of the Aging and Disability Services Division of the Department of Health and Human Services relating to the Nevada ABLE Savings Program to the State Treasurer; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law allows for the creation of tax-advantaged savings accounts, known as ABLE Accounts, for persons who have certain qualifying disabilities. To qualify for these benefits, the savings account into which contributions are made on behalf of a qualified person must be established and maintained by the qualified person’s state of residence. (Achieving a Better Life Experience Act of 2014, 26 U.S.C. § 529A) Existing Nevada law requires the State Treasurer to establish an ABLE Savings Program in this State. (NRS 427A.889) Existing law requires the Aging and Disability Services Division of the Department of Health and Human Services to implement an outreach and educational program designed to create awareness of, and increase participation in, the Nevada ABLE Savings Program. Existing law also authorizes the Division to employ personnel and enter into contracts to carry out provisions governing the Nevada ABLE Savings Program. (NRS 427A.896) This bill transfers to the State Treasurer all duties and authority of the Division relating to the Nevada ABLE Savings Program, including the duty to implement an outreach and educational program. Thus, this bill provides the State Treasurer with exclusive responsibility for administering the Nevada ABLE Savings Program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 427A.896 is hereby amended to read as follows:

      427A.896  1.  The State Treasurer shall establish a comprehensive investment plan for the money in the Trust Fund.

      2.  Notwithstanding the provisions of any specific statute to the contrary, the State Treasurer may invest or cause to be invested any money in the Trust Fund, including, without limitation, the money in the Program Account described in paragraph (a) of subsection 3 of NRS 427A.893, in any manner reasonable and appropriate to achieve the objectives of the Nevada ABLE Savings Program, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The State Treasurer shall consider the risk, expected rate of return, term or maturity, diversification of total investments, liquidity and anticipated investments in and withdrawals from the Trust Fund.

      3.  The State Treasurer may establish criteria and select investment managers, mutual funds or other such entities to act as investment managers for the Nevada ABLE Savings Program.

 


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      4.  The State Treasurer may employ or contract with investment managers, evaluation services or other services as determined by the State Treasurer to be necessary for the effective and efficient operation of the Nevada ABLE Savings Program.

      5.  The [Division and the] State Treasurer may employ personnel and contract for goods and services necessary for the effective and efficient operation of the Nevada ABLE Savings Program.

      6.  The [Division] State Treasurer shall implement an outreach and educational program designed to create awareness of, and increase participation in, the Nevada ABLE Savings Program. Any marketing plan and materials for the Nevada ABLE Savings Program must be approved by the [Division.] State Treasurer.

      7.  The State Treasurer may prescribe terms and conditions of savings trust agreements.

      8.  The [Division or] State Treasurer may contract with one or more qualified entities for:

      (a) The day-to-day operation of the Nevada ABLE Savings Program, and any associated educational and outreach activities of the Program, as the program administrator for the management of the marketing of the Nevada ABLE Savings Program;

      (b) The administration of the comprehensive investment plan established pursuant to subsection 1 and the Trust Fund;

      (c) The selection of investment managers for the Nevada ABLE Savings Program; and

      (d) The performance of similar activities.

      Sec. 2.  Any contract or other agreement entered into by the Aging and Disability Services Division of the Department of Health and Human Services for the purposes authorized by NRS 427A.896 that exists on July 1, 2019, is binding upon and may be enforced by the State Treasurer on or after that date.

      Sec. 3.  This act becomes effective on July 1, 2019.

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CHAPTER 24, SB 32

Senate Bill No. 32–Committee on Revenue and Economic Development

 

CHAPTER 24

 

[Approved: May 10, 2019]

 

AN ACT relating to taxation; revising provisions relating to the confidentiality and privilege of the records and files of the Department of Taxation concerning the administration of certain taxes, fees and assessments and the imposition of disciplinary action; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law makes confidential and privileged certain records and files of the Department of Taxation concerning the administration and collection of certain taxes, fees and assessments. However, existing law authorizes the disclosure of such records and files of the Department under certain circumstances. (NRS 360.255) Section 1 of this bill makes confidential and privileged the records and files of the Department concerning the imposition of disciplinary action against a person to whom the Department has issued a license, registration, permit or certificate.

 


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concerning the imposition of disciplinary action against a person to whom the Department has issued a license, registration, permit or certificate. Under section 1, such records and files of the Department are confidential and privileged to the same extent as the records and files of the Department concerning the administration and collections of taxes, fees and assessments. Finally, section 1: (1) authorizes the disclosure of the records and files of the Department concerning the administration of taxes, fees and assessments or the imposition of disciplinary action to grand juries, to state and local law enforcement agencies and to local regulatory agencies under certain circumstances; (2) authorizes certain disclosures to any court in this State rather than only to courts of this State; (3) removes the requirement that certain disclosures to federal agencies, state or local law enforcement agencies and local regulatory agencies be made in confidence; and (4) authorizes certain disclosures of information relating to an application to operate a marijuana establishment or a person who is licensed to operate a marijuana establishment, including, without limitation, the identity of an applicant and any owner, officer or board member of an applicant, the methodology used to rank applicants for a license to operate a marijuana establishment and the score assigned to applicants.

      Section 2 of this bill makes a conforming change to authorize the Department to disclose information provided to the Department by an applicant for a license, registration, permit or certificate related to medical marijuana, or an affiliate of such an applicant, when such disclosure is authorized by section 1.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 360.255 is hereby amended to read as follows:

      360.255  1.  Except as otherwise provided in this section and NRS 239.0115 and 360.250, the records and files of the Department concerning the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are confidential and privileged. The Department, an employee of the Department and any other person engaged in the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action or charged with the custody of any such records or files:

      (a) Shall not disclose any information obtained from those records or files; and

      (b) May not be required to produce any of the records or files for the inspection of any person or governmental entity or for use in any action or proceeding.

      2.  The records and files of the Department concerning the administration and collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a person in any action or proceeding before the Nevada Tax Commission, the State Board of Equalization, the Department , a grand jury or any court [of] in this State if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

 


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ê2019 Statutes of Nevada, Page 119 (CHAPTER 24, SB 32)ê

 

      (b) Delivery to a person or his or her authorized representative of a copy of any document filed by the person pursuant to the provisions of any law of this State.

      (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases, or disclosure [in confidence] to any federal agency , state or local law enforcement agency or local regulatory agency that requests the information for the use of the agency in a federal , state or local prosecution or criminal , civil or regulatory investigation.

      (e) Disclosure in confidence to the Governor or his or her agent in the exercise of the Governor’s general supervisory powers, or to any person authorized to audit the accounts of the Department in pursuance of an audit, or to the Attorney General or other legal representative of the State in connection with an action or proceeding relating to a taxpayer [,] or licensee, or to any agency of this or any other state charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming.

      (f) Exchanges of information pursuant to an agreement between the Nevada Tax Commission and any county fair and recreation board or the governing body of any county, city or town.

      (g) Upon written request made by a public officer of a local government, disclosure of the name and address of a taxpayer or licensee who must file a return with the Department. The request must set forth the social security number of the taxpayer or licensee about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and privileged and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Executive Director may charge a reasonable fee for the cost of providing the requested information.

      (h) Disclosure of information as to amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties to successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested.

      (i) Disclosure of relevant information as evidence in an appeal by the taxpayer from a determination of tax due if the Nevada Tax Commission has determined the information is not proprietary or confidential in a hearing conducted pursuant to NRS 360.247.

      (j) Disclosure of the identity of a person and the amount of tax assessed and penalties imposed against the person at any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon the person a penalty for fraud or intent to evade a tax imposed by law becomes final or is affirmed by the Nevada Tax Commission.

      (k) Disclosure of the identity of a licensee against whom disciplinary action has been taken and the type of disciplinary action imposed against the licensee at any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon the licensee disciplinary action becomes final or is affirmed by the Nevada Tax Commission.

 


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Executive Director or other officer of the Department imposing upon the licensee disciplinary action becomes final or is affirmed by the Nevada Tax Commission.

      (l) Disclosure of information pursuant to subsection 2 of NRS 370.257.

      (m) With respect to an application for a registration certificate to operate a medical marijuana establishment pursuant to chapter 453A of NRS or a license to operate a marijuana establishment pursuant to chapter 453D of NRS which was submitted on or after May 1, 2017, and regardless of whether the application was ultimately approved, disclosure of the following information:

             (1) The identity of an applicant, including, without limitation, any owner, officer or board member of an applicant;

             (2) The contents of any tool used by the Department to evaluate an applicant;

             (3) The methodology used by the Department to score and rank applicants and any documentation or other evidence showing how that methodology was applied; and

             (4) The final ranking and scores of an applicant, including, without limitation, the score assigned to each criterion in the application that composes a part of the total score of an applicant.

      (n) Disclosure of the name of a licensee and the jurisdiction of that licensee pursuant to chapter 453A or 453D of NRS, and any regulations adopted pursuant thereto.

      3.  The Executive Director shall periodically, as he or she deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a list of the businesses of which the Executive Director has a record. The list must include the mailing address of the business as reported to the Department.

      4.  The Executive Director may request from any other governmental agency or officer such information as the Executive Director deems necessary to carry out his or her duties with respect to the administration or collection of any tax, fee, assessment or other amount required by law to be collected [.] or the imposition of disciplinary action. If the Executive Director obtains any confidential information pursuant to such a request, he or she shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained.

      5.  As used in this section:

      (a) “Applicant” means any person listed on the application for a registration certificate to operate a medical marijuana establishment pursuant to chapter 453A of NRS or a license to operate a marijuana establishment pursuant to chapter 453D of NRS.

      (b) “Disciplinary action” means any suspension or revocation of a license, registration, permit or certificate issued by the Department pursuant to this title or chapter 453A or 453D of NRS or any other disciplinary action against the holder of such a license, registration, permit or certificate.

      (c) “Licensee” means a person to whom the Department has issued a license, registration, permit or certificate pursuant to this title or chapter 453A or 453D of NRS.

 


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ê2019 Statutes of Nevada, Page 121 (CHAPTER 24, SB 32)ê

 

453A or 453D of NRS. The term includes, without limitation, any owner, officer or board member of an entity to whom the Department has issued a license.

      (d) “Records” or “files” means any records and files related to an investigation or audit [,] or a disciplinary action, financial information, correspondence, advisory opinions, decisions of a hearing officer in an administrative hearing and any other information specifically related to a taxpayer [.] or licensee.

      [(b)] (e) “Taxpayer” means a person who pays any tax, fee, assessment or other amount required by law to the Department.

      Sec. 2. NRS 453A.700 is hereby amended to read as follows:

      453A.700  1.  Except as otherwise provided in this section, NRS 239.0115 and 360.255 and subsection 4 of NRS 453A.210, the Division and the Department shall not disclose:

      (a) [The contents of any tool used by the Department to evaluate an applicant or its affiliate.

      (b)] Any information, documents or communications provided to the Department by an applicant or its affiliate pursuant to the provisions of this chapter, without the prior written consent of the applicant or affiliate or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant or affiliate.

      [(c)](b) The name or any other identifying information of:

             (1) An attending provider of health care; or

             (2) A person who has applied for or to whom the Division or its designee has issued a registry identification card or letter of approval.

Ê Except as otherwise provided in NRS 239.0115 [,] and 360.255, the items of information described in this subsection are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      2.  Notwithstanding the provisions of subsection 1, the Division or its designee:

      (a) Shall release the name and other identifying information of a person who has applied for a registry identification card to authorized employees of the Division of Parole and Probation of the Department of Public Safety, if notified by the Division of Parole and Probation that the applicant is on parole or probation.

      (b) May release the name and other identifying information of a person to whom the Division or its designee has issued a registry identification card or letter of approval to:

             (1) Authorized employees of the Division or its designee as necessary to perform official duties of the Division; and

             (2) Authorized employees of state and local law enforcement agencies, only as necessary to verify that a person is the lawful holder of a registry identification card or letter of approval issued to him or her pursuant to NRS 453A.220 or 453A.250.

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

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ê2019 Statutes of Nevada, Page 122ê

 

CHAPTER 25, AB 11

Assembly Bill No. 11–Committee on Government Affairs

 

CHAPTER 25

 

[Approved: May 14, 2019]

 

AN ACT relating to veterans; replacing the phrases “military and naval forces” and “military and naval service” with the phrase “Armed Forces”; revising provisions governing claims prepared, submitted and presented by the Director of the Department of Veterans Services for benefits for veterans, servicemen and servicewomen; removing the requirement that the Director pay a portion of the operating costs of the office of coordinator of services for veterans of a county; requiring the Director to provide training and certification to coordinators of services for veterans who perform duties as a veterans service officer; requiring such coordinators to obtain and maintain such training and certification; requiring the Director to establish, operate and maintain veterans’ cemeteries in this State; providing expressly that the Director is required to establish, manage, maintain and operate veterans’ homes in this State; requiring the Director to serve as the primary public advocate for Nevada veterans; requiring the Director to ensure that volunteers serving as advocates for veterans are assigned to a veterans service officer employed by the Department; requiring the Director to provide certain training to veterans service officers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, certain provisions apply to certain persons: (1) presently serving in the military and naval forces of the United States; or (2) possessing an honorable discharge from a branch of the military and naval service of the United States. (NRS 417.030, 417.090, 417.150, 419.020) Sections 4, 5, 9 and 12 of this bill replace “military and naval forces” with “Armed Forces” and replace “military and naval service” with “Armed Forces.”

      Existing law requires the Director of the Department of Veterans Services to assist veterans and servicemen and servicewomen in preparing, submitting and presenting certain claims against the United States or any state. (NRS 417.090) Section 5 revises this requirement to cover any claim for any benefit. Section 6 of this bill makes a conforming change.

      Existing law authorizes the board of county commissioners of any county to create the office of coordinator of services for veterans and requires the coordinator of services for veterans to perform certain duties. (NRS 244.401) Existing law further requires the Director of the Department of Veterans Services to pay to each county that creates an office of coordinator of services for veterans a portion of the operating costs of the office. (NRS 417.090) Section 5 of this bill removes the requirement that the Director pay each county a portion of the operating costs of the office of coordinator of services for veterans. Section 14 of this bill makes a conforming change relating to this removal. Section 5 of this bill requires the Director to provide to a coordinator of services for veterans training and certification as a veterans service officer if the coordinator of services for veterans performs duties as a veterans service officer, including assisting veterans with filing claims for benefits with the United States Department of Veterans Affairs. Section 13 of this bill requires such a coordinator of services for veterans to obtain such training and certification.

 


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ê2019 Statutes of Nevada, Page 123 (CHAPTER 25, AB 11)ê

 

coordinator of services for veterans to obtain such training and certification. Section 1 of this bill defines the term “veterans service officer,” with sections 2 and 3 of this bill making conforming changes.

      Existing law requires the Director to establish, operate and maintain a veterans’ cemetery in northern Nevada and a veterans’ cemetery in southern Nevada. Existing law further authorizes the Director to employ personnel and purchase equipment and supplies necessary for the operation and maintenance of such cemeteries. (NRS 417.200) Section 5: (1) relocates and expands this requirement to include establishing, operating and maintaining veterans’ cemeteries in Nevada; and (2) authorizes the Director to employ personnel and purchase equipment and supplies necessary for the operation and maintenance of such cemeteries. Sections 10 and 11 of this bill make conforming changes.

      Existing law requires the Director to spend money deposited in the Veterans Home Account for the establishment, management, maintenance and operation of veterans’ homes, and certain other purposes. (NRS 417.145) Existing law further requires the Director to take such other actions as are necessary for the management, maintenance and operation of veterans’ homes. (NRS 417.147) Section 5: (1) expressly provides that the Director’s duties include establishing, managing, maintaining and operating veterans’ homes; and (2) authorizes the Director to employ personnel and purchase equipment and supplies necessary for the operation and maintenance of veterans’ homes. Sections 7 and 8 of this bill make conforming changes.

      Section 5 additionally requires the Director to: (1) serve as the primary public advocate for Nevada veterans; (2) ensure that each volunteer serving as an advocate for veterans in a program sponsored by the Department is assigned to a veterans service officer employed by the Department that will offer assistance to the volunteer; and (3) provide semiannual training to each veterans service officer employed by the Department regarding the benefits, services, programs and assistance available to veterans.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 417 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Veterans service officer” means a person who is certified by the Director and accredited or otherwise officially recognized by the United States Department of Veterans Affairs to assist veterans with filing claims for benefits and related matters.

      Sec. 2. NRS 417.009 is hereby amended to read as follows:

      417.009  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 417.010 to 417.014, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 417.0194 is hereby amended to read as follows:

      417.0194  1.  Each state agency and regulatory body identified in subsections 2 to 16, inclusive, shall report, subject to any limitations or restrictions contained in any state or federal law governing the privacy or confidentiality of records, the data identified in subsections 2 to 17, inclusive, as applicable, to the Interagency Council on Veterans Affairs. Each state agency and regulatory body shall submit such information for the immediately preceding fiscal year to the Council not later than November 30 of each year and shall provide the information in aggregate and in digital form, and in a manner such that the data is capable of integration by the Council.

 


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

      2.  The Department of Veterans Services shall provide annual statistics regarding:

      (a) The distribution of expenditures in this State by the United States Department of Veterans Affairs;

      (b) The number of veterans who receive care or other services at a veterans’ home operated by the State;

      (c) The number of interments and other services provided by the veterans’ cemeteries in this State;

      (d) The total number of veterans service officers who are located in this State, by zip code;

      (e) The number of claims filed on behalf of veterans and the family members of veterans by veterans service officers in this State;

      (f) The amount of annual payments in the form of disability compensation and pension benefits made to veterans and the family members of veterans in this State as a result of claims filed by veterans service officers;

      (g) The number of persons who participate as advocates for veterans in this State in a volunteer program sponsored by the Department of Veterans Services, by zip code;

      (h) The number of employers in this State who participate in a program sponsored by the Department of Veterans Services that facilitates the employment of veterans; and

      (i) The number of events held in this State to provide outreach to veterans regarding benefits, claims and services, segregated by the geographical location of each event.

      3.  The Department of Administration shall provide:

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

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

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

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

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

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

      5.  The Department of Corrections shall provide:

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

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

 


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

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

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

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

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

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

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

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

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

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

      10.  The Department of Motor Vehicles shall provide:

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

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

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

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

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

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

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

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

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

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

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

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

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

      16.  Each regulatory body shall provide the total number of veterans and service members who have:

 


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      (a) Applied for a license from the regulatory body.

      (b) Been issued a license by the regulatory body.

      (c) Renewed a license with the regulatory body.

      17.  Each state agency and regulatory body identified in subsections 2 to 16, inclusive, shall ensure that the form used to collect data from a veteran, including, without limitation, a digital form posted on an Internet website, includes the following questions:

      (a) “Have you ever served on active duty in the Armed Forces of the United States and separated from such service under conditions other than dishonorable?”

      (b) “Have you ever been assigned to duty for a minimum of 6 continuous years in the National Guard or a reserve component of the Armed Forces of the United States and separated from such service under conditions other than dishonorable?”

      (c) “Have you ever served the Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States in the capacity of a commissioned officer while on active duty in defense of the United States and separated from such service under conditions other than dishonorable?”

      18.  The Council shall, upon receiving the information submitted pursuant to this section and NRS 612.237, synthesize and compile the information, including any recommendations of the Council, and submit the information with the report submitted pursuant to subsection 8 of NRS 417.0195.

      19.  As used in this section:

      (a) “License” has the meaning ascribed to it in NRS 622.030.

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

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

      [(d) “Veterans service officer” means a person who is accredited or otherwise officially recognized by the United States Department of Veterans Affairs to assist veterans with filing claims for benefits and related matters.]

      Sec. 4. NRS 417.030 is hereby amended to read as follows:

      417.030  1.  The office of Director of the Department of Veterans Services is hereby created.

      2.  The Director must be appointed by and serves at the pleasure of the Governor.

      3.  The Director shall appoint such deputy directors as are necessary to assist the Director in performing the duties prescribed in this chapter, including, without limitation, a Deputy Director for Programs and Services and a Deputy Director for Health and Wellness.

      4.  Any person to be eligible for appointment as the Director or the Deputy Director for Programs and Services must:

      (a) Be an actual and bona fide resident of the State of Nevada;

      (b) Possess an honorable discharge from some branch of the [military and naval service] Armed Forces of the United States; and

      (c) Have at least 4 years of experience in management or administration.

      5.  Except as otherwise provided in this subsection, any person to be eligible for appointment as the Deputy Director for Health and Wellness must:

      (a) Be an actual and bona fide resident of the State of Nevada;

      (b) Possess an honorable discharge from some branch of the [military and naval service] Armed Forces of the United States; and

 


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      (c) Have at least 4 years of experience in health care management or administration.

Ê If no person is available for appointment who possesses all the qualifications required by this subsection, the Director may waive the qualification set forth in paragraph (b) for a person who is otherwise qualified for appointment pursuant to paragraphs (a) and (c).

      Sec. 5. NRS 417.090 is hereby amended to read as follows:

      417.090  1.  The Director shall:

      (a) Assist veterans, and those presently serving in the [military and naval forces] Armed Forces of the United States who are residents of the State of Nevada, their spouses, domestic partners, widows, widowers, children, dependents, administrators, executors and personal representatives, in preparing, submitting and presenting any claim against the United States, or any state, for adjusted compensation, [hospitalization,] insurance, pension, disability compensation, vocational training, education , [or] rehabilitation or any other benefit to which they may be entitled under the laws of the United States or of any of the states, and assist them in obtaining any aid or benefit to which they may [, from time to time,] be entitled under the laws of the United States or of any of the states.

      (b) Aid, assist, encourage and cooperate with every service organization recognized nationally or in this State insofar as the activities of such organizations are for the benefit of veterans, servicemen and servicewomen [.] and the spouses, domestic partners, widows, widowers, children, dependents, administrators, executors or personal representatives of such veterans, servicemen and servicewomen.

      (c) Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran, serviceman or servicewoman, or their dependents, or any group of veterans, servicemen and servicewomen, when in their opinion such comes within the scope of this chapter.

      (d) Coordinate activities of veterans’ organizations.

      (e) Serve as a clearinghouse and disseminate information relating to veterans’ benefits.

      (f) Conduct any studies which will assist veterans to obtain compensation, [hospitalization,] insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.

      (g) Aid, assist and cooperate with the office of coordinator of services for veterans created in a county pursuant to NRS 244.401.

      (h) [Pay to each county that creates the office of coordinator of services for veterans, from state money available to him or her, a portion of the cost of operating the office in an amount determined by the Director.

      (i)] Take possession of any abandoned or unclaimed artifacts or other property that has military or historical value for safekeeping. The Director may:

             (1) Transfer such an artifact or other property to:

                   (I) The Nevada State Museum or the Nevada Historical Society, upon its written request, if the artifact or other property has, in the opinion of the requesting institution, historical value and is worthy of preservation; or

                   (II) Any other governmental agency or nonprofit entity, including, without limitation, a veterans’ organization and the United States Department of Veterans Affairs, upon its written request, if the artifact or other property was not requested by the Nevada State Museum or the Nevada Historical Society; or

 


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Department of Veterans Affairs, upon its written request, if the artifact or other property was not requested by the Nevada State Museum or the Nevada Historical Society; or

             (2) Destroy or otherwise dispose of the artifact or other property.

Ê An action may not be maintained by any person against the holder or former holder of an artifact or other property because of the transfer, destruction or other disposal of the artifact or other property pursuant to this paragraph.

      [(j)] (i) Develop plans and programs to assist veterans who have suffered sexual trauma while on active duty or during military training.

      [(k)] (j) Create and maintain a statewide database of information relating to veterans to assist the Department in identifying and communicating with veterans and connecting veterans with benefits and opportunities for which they are eligible.

      [(l)] (k) Create and maintain a registry of governmental agencies and private entities that provide services and resources to veterans, service members and their families and publish a digital copy of the registry on the Internet website maintained by the Department.

      [(m)] (l) Ensure that each generation of veterans is recognized annually through a ceremony, information campaign or other form of public acknowledgment.

      (m) Establish, operate and maintain veterans’ cemeteries in this State, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries.

      (n) Establish, manage, maintain and operate veterans’ homes in this State, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of veterans’ homes.

      (o) If the board of county commissioners of any county makes the request required pursuant to subsection 2 of NRS 244.401, provide to the coordinator of services for veterans in the county training and certification as a veterans service officer.

      (p) If training and certification is requested pursuant to paragraph (o), submit an application, on behalf of the coordinator of services for veterans to the United States Department of Veterans Affairs for accreditation or official recognition as a veterans service officer.

      (q) Serve as the primary public advocate for Nevada veterans.

      (r) Ensure that each person who participates as an advocate for veterans in this State in a volunteer program sponsored by the Department is assigned to a veterans service officer employed by the Department that will offer assistance to the volunteer.

      (s) Provide semiannual training to each veterans service officer employed by the Department regarding the benefits, services, programs and assistance available to veterans.

      2.  The Director shall:

      (a) Establish an internal policy for guidance to employees of the Department regarding the transfer, destruction or other disposal of artifacts and other property pursuant to paragraph [(i)] (h) of subsection 1; and

      (b) Post the policy on the Internet website maintained by the Department.

 


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      Sec. 6. NRS 417.100 is hereby amended to read as follows:

      417.100  The Director and each deputy director may:

      1.  Administer oaths to any person whose acknowledgment may become necessary in the prosecution of any claim for compensation, [hospitalization,] insurance or other aid or benefits.

      2.  Certify to the correctness of any document or documents which may be submitted in connection with any such application.

      Sec. 7. NRS 417.145 is hereby amended to read as follows:

      417.145  1.  The Veterans Home Account is hereby established in the State General Fund.

      2.  Money received from:

      (a) Payments made by the United States Department of Veterans Affairs for veterans who receive care in a veterans’ home;

      (b) Other payments for medical care and services;

      (c) Appropriations made by the Legislature for veterans’ homes;

      (d) Federal grants and other money received pursuant to paragraph (c) of subsection 1 of NRS 417.147;

      (e) Money collected pursuant to the schedule of rates established pursuant to subsection 2 of NRS 417.147 for occupancy of rooms at veterans’ homes; and

      (f) Except as otherwise provided in subsections 7 and 8, gifts of money and proceeds derived from the sale of gifts of personal property for the use of veterans’ homes, if the use of those gifts has not been restricted by the donor,

Ê must be deposited with the State Treasurer for credit to the Veterans Home Account.

      3.  Interest and income must not be computed on the money in the Veterans Home Account.

      4.  The Veterans Home Account must be administered by the Director, with the advice of the administrators, and except as otherwise provided in paragraph (c) of subsection 1 of NRS 417.147, the money deposited in the Veterans Home Account may only be expended for:

      (a) The establishment, management, maintenance and operation of veterans’ homes [;] as required by paragraph (n) of subsection 1 of NRS 417.090;

      (b) A program or service related to a veterans’ home;

      (c) The solicitation of other sources of money to fund a veterans’ home; and

      (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

      5.  Except as otherwise provided in subsections 7 and 8, gifts of personal property for the use of veterans’ homes:

      (a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

      (b) May be used in kind if the gifts are not appropriate for conversion to money.

      6.  All money in the Veterans Home Account must be paid out on claims approved by the Director as other claims against the State are paid.

      7.  The Gift Account for the Veterans Home in Southern Nevada is hereby established in the State General Fund. Gifts of money or personal property which the donor has restricted to one or more uses at the veterans’ home in southern Nevada must be used only in the manner designated by the donor. Gifts of money which the donor has restricted to one or more uses at this veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for the Veterans Home in Southern Nevada.

 


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this veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for the Veterans Home in Southern Nevada. The interest and income earned on the money in the Gift Account for the Veterans Home in Southern Nevada, after deducting any applicable charges, must be credited to the Gift Account for the Veterans Home in Southern Nevada. Any money remaining in the Gift Account for the Veterans Home in Southern Nevada at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

      8.  The Gift Account for the Veterans Home in Northern Nevada is hereby established in the State General Fund. Gifts of money or personal property which the donor has restricted to one or more uses at the veterans’ home in northern Nevada must be used only in the manner designated by the donor. Gifts of money which the donor has restricted to one or more uses at this veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for the Veterans Home in Northern Nevada. The interest and income earned on the money in the Gift Account for the Veterans Home in Northern Nevada, after deducting any applicable charges, must be credited to the Gift Account for the Veterans Home in Northern Nevada. Any money remaining in the Gift Account for the Veterans Home in Northern Nevada at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

      9.  The Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Gift Account for the Veterans Home in Southern Nevada and the Gift Account for the Veterans Home in Northern Nevada.

      Sec. 8. NRS 417.147 is hereby amended to read as follows:

      417.147  1.  [The] Subject to the limits provided in paragraph (n) of subsection 1 of NRS 417.090, the Director shall:

      (a) Appoint an administrator for each veterans’ home in this State. Each administrator must be licensed as a nursing facility administrator or health services executive pursuant to NRS 654.170 ; [.]

      (b) Take such other actions as are necessary for the establishment, management, maintenance and operation of veterans’ homes in this State, including, without limitation, establishing and implementing rules, policies and procedures for such management, maintenance and operation [.] ; and

      (c) Apply for federal grants and other sources of money available for establishing veterans’ homes. A federal grant must be used only as permitted by the terms of the grant.

      2.  With the advice of the Nevada Veterans Services Commission, the Director shall, on or before April 1 of each calendar year, recommend to the State Board of Examiners a schedule of rates to be charged for occupancy of rooms at each veterans’ home in this State during the following fiscal year. The State Board of Examiners shall establish the schedule of rates. In setting the rates, the State Board of Examiners shall consider the recommendations of the Director, but is not bound to follow the recommendations of the Director.

      3.  The first veterans’ home that is established in this State must be established at a location in southern Nevada determined to be appropriate by the Interim Finance Committee. The Interim Finance Committee shall give preference to a site that is zoned appropriately for the establishment of a veterans’ home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans’ home.

 


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located in an area where the members of the families of the veterans can easily visit the veterans’ home. The site for the construction of the veterans’ home in southern Nevada must be:

      (a) Located in reasonable proximity to:

             (1) A public transportation system;

             (2) Shopping centers; and

             (3) A major hospital that has a center for the treatment of trauma which is designated as a level II center by the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services.

      (b) Not less than 5 acres in area.

      4.  If an additional veterans’ home is authorized, it must be established in northern Nevada.

      Sec. 9. NRS 417.150 is hereby amended to read as follows:

      417.150  1.  The Nevada Veterans Services Commission, consisting of 11 members, is hereby created.

      2.  The Governor shall appoint:

      (a) Three members who are representatives of veterans’ organizations recognized nationally or in this State and who possess honorable discharges from some branch of the [military and naval service] Armed Forces of the United States.

      (b) One member who is a member of the Women Veterans Advisory Committee created by NRS 417.320.

      (c) One member who is enrolled as a student at an institution of higher education in this State in a program for a baccalaureate or higher degree and who possesses an honorable discharge from some branch of the [military and naval service] Armed Forces of the United States.

      (d) Two members who are representatives of the general public.

      3.  The Chair of the Advisory Committee for a Veterans Cemetery in Northern Nevada and the Chair of the Advisory Committee for a Veterans Cemetery in Southern Nevada shall each appoint one member from their respective committees to serve as a member of the Commission. Each member so appointed must be a representative of a veterans’ organization recognized nationally or in this State and possess an honorable discharge from some branch of the [military and naval service] Armed Forces of the United States.

      4.  The Majority Leader of the Senate shall appoint one member of the Senate to serve as a member of the Commission.

      5.  The Speaker of the Assembly shall appoint one member of the Assembly to serve as a member of the Commission.

      6.  The Governor may remove a member of the Commission at any time for failure to perform his or her duties, malfeasance or other good cause.

      7.  The term of office of each member is 2 years.

      8.  If a vacancy occurs in the membership of those members appointed pursuant to paragraph (a) of subsection 2, the Governor shall fill the vacancy from among the names of qualified nominees provided to the Governor in writing by the Director.

      Sec. 10. NRS 417.200 is hereby amended to read as follows:

      417.200  1.  [The Director shall establish, operate and maintain a veterans’ cemetery in northern Nevada and a veterans’ cemetery in southern Nevada, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries.

 


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and maintenance of the cemeteries. The] Subject to the limits provided in paragraph (m) of subsection 1 of NRS 417.090, the Director shall employ a cemetery superintendent to operate and maintain each cemetery.

      2.  The cemetery superintendent shall, if a veteran does not indicate by testamentary instrument that the veteran desires to have the area immediately above and surrounding the interred remains of the veteran landscaped with xeriscaping, or if an application for interment submitted pursuant to NRS 417.210 does not indicate that the veteran desires to have the area immediately above and surrounding the interred remains of the veteran landscaped with xeriscaping, ensure that the area immediately above and surrounding the interred remains of the veteran in the veterans’ cemetery is landscaped with natural grass.

      3.  A person desiring to provide voluntary services to further the establishment, maintenance or operation of either of the cemeteries shall submit a written offer to the cemetery superintendent which describes the nature of the services. The cemetery superintendent shall consider all such offers and approve those he or she deems appropriate. The cemetery superintendent shall coordinate the provision of all services so approved.

      Sec. 11. NRS 417.220 is hereby amended to read as follows:

      417.220  1.  The Account for Veterans Affairs is hereby created in the State General Fund.

      2.  Money received by the Director from:

      (a) Fees charged pursuant to NRS 417.210;

      (b) Allowances for burial from the United States Department of Veterans Affairs or other money provided by the Federal Government for the support of veterans’ cemeteries;

      (c) Receipts from the sale of gifts and general merchandise;

      (d) Grants obtained by the Director for the support of veterans’ cemeteries; and

      (e) Except as otherwise provided in subsection 6 and NRS 417.115, 417.145, 417.147 and 417.410, gifts of money and proceeds derived from the sale of gifts of personal property that he or she is authorized to accept, if the use of such gifts has not been restricted by the donor,

Ê must be deposited with the State Treasurer for credit to the Account for Veterans Affairs and must be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, whichever is appropriate.

      3.  The interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on money appropriated from the State General Fund to the Account for Veterans Affairs.

      4.  The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected. In addition to personnel he or she is authorized to employ pursuant to paragraph (m) of subsection 1 of NRS 417.090 and subsection 1 of NRS 417.200, the Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans’ cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.

 


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veterans’ cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.

      5.  Except as otherwise provided in subsection 7, gifts of personal property which the Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.

      6.  The Gift Account for Veterans Cemeteries is hereby created in the State General Fund. Gifts of money that the Director is authorized to accept and which the donor has restricted to one or more uses at a veterans’ cemetery must be accounted for separately in the Gift Account for Veterans Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans’ cemetery in northern Nevada or a veterans’ cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.

      7.  The Director shall use gifts of money or personal property that he or she is authorized to accept and for which the donor has restricted to one or more uses at a veterans’ cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans’ cemetery in northern Nevada or the veterans’ cemetery in southern Nevada, as appropriate.

      Sec. 12. NRS 419.020 is hereby amended to read as follows:

      419.020  1.  The county recorders of the counties of this State shall procure books containing suitable blanks in which to record certificates of honorable discharge from the [military and naval service] Armed Forces of the United States.

      2.  The county recorders shall record therein all such certificates as may be presented to them for record, free of any charge therefor, and shall make the customary certificate of such record thereon.

      Sec. 13. NRS 244.401 is hereby amended to read as follows:

      244.401  1.  The board of county commissioners of any county may create by ordinance the office of coordinator of services for veterans. If such an office is created, the board shall appoint a qualified veteran to hold the office and the board shall establish the coordinator’s compensation.

      2.  If the coordinator of services for veterans performs duties as a veterans service officer, including, without limitation, assisting veterans with filing claims for benefits with the United States Department of Veterans Affairs, the board of county commissioners of the county must request the Director of the Department of Veterans Services to provide the coordinator of services for veterans training and certification as a veterans service officer pursuant to paragraph (o) of subsection 1 of NRS 417.090.

      3.  The coordinator of services for veterans shall:

      (a) Assist a veteran or the veteran’s spouse or dependent, if the person requesting assistance is a resident of the county, in preparing, submitting and pursuing any claim that the person has against the United States, or any state, to establish the person’s right to any privilege, preference, care or compensation to which he or she believes that he or she is entitled;

      (b) If the coordinator of services for veterans performs duties as a veterans service officer, including, without limitation, assisting veterans with filing claims for benefits with the United States Department of Veterans Affairs, and the board of county commissioners of the county has made the request pursuant to subsection 2, become certified as a veterans service officer by the Director of the Department of Veterans Services pursuant to paragraph (o) of subsection 1 of NRS 417.090;

 


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with filing claims for benefits with the United States Department of Veterans Affairs, and the board of county commissioners of the county has made the request pursuant to subsection 2, become certified as a veterans service officer by the Director of the Department of Veterans Services pursuant to paragraph (o) of subsection 1 of NRS 417.090;

      (c) If a certification is received pursuant to paragraph (b), maintain the certification with the Director of the Department of Veterans Services and accreditation or official recognition with the United States Department of Veterans Affairs as a veterans service officer;

      (d) Aid, assist and cooperate with the Director of the Department of Veterans Services and with the Nevada Veterans Services Commission;

      [(c)] (e) Disseminate information relating to veterans’ benefits in cooperation with the Director of the Department of Veterans Services; and

      [(d)] (f) Perform such other services related to assisting a veteran, or the veteran’s spouse or dependent, as requested by the board of county commissioners.

      [3.]4.  Two or more counties jointly may create one office of coordinator of services for veterans to serve those counties.

      5.  As used in this section, “veterans service officer” has the meaning ascribed to it in section 1 of this act.

      Sec. 14. NRS 244.406 is hereby amended to read as follows:

      244.406  1.  Except as otherwise provided in this section, the office of coordinator of services for veterans must be supported from money in the county general fund and from any gifts or grants received by the county for the support of the office.

      2.  [The board of county commissioners of a county that creates the office of coordinator of services for veterans is authorized to accept funds from the Director of the Department of Veterans Services pursuant to paragraph (h) of subsection 1 of NRS 417.090 for the support of the office.

      3.]  The board of county commissioners of a county that creates the office of coordinator of services for veterans may enter into an agreement with the Division of Public and Behavioral Health of the Department of Health and Human Services for the purpose of obtaining federal matching funds to contribute to the salaries and expenses of the office of coordinator of services for veterans for its activities which are reasonably related to the programs of the Division of Public and Behavioral Health and which benefit or result in cost avoidance for the Division.

      Sec. 15.  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. 16.  This act becomes effective on July 1, 2019.

________

 


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CHAPTER 26, AB 147

Assembly Bill No. 147–Assemblymen Titus, Carlton, Neal, Kramer, Krasner; Assefa, Benitez-Thompson, Edwards, Ellison, Gorelow, Hafen, Hansen, Hardy, Leavitt, Miller, Munk, Roberts, Spiegel, Tolles and Wheeler

 

Joint Sponsor: Senator Woodhouse

 

CHAPTER 26

 

[Approved: May 14, 2019]

 

AN ACT relating to providers of health care; authorizing a physician assistant or advanced practice registered nurse to perform certain services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a child who sustains or is suspected of sustaining an injury to the head while participating in a competitive sport or interscholastic activity or event to be immediately removed from the sport, event or activity. The child may return to the sport, event or activity if his or her parent or legal guardian provides a signed statement of a physician, physical therapist, athletic trainer or, for a competitive sport governed by an organization for youth sports other than the Nevada Interscholastic Activities Association, an advanced practice registered nurse indicating that the child is medically cleared for participation in the sport, activity or event. (NRS 385B.080, 392.452, 455A.200) Sections 1, 4 and 6 of this bill additionally authorize a physician assistant to complete such a statement. Sections 4 and 6 also authorize an advanced practice registered nurse to complete such a statement for an interscholastic activity or event or a competitive sport governed by the Nevada Interscholastic Activities Association.

      Existing law provides that a medical device sold to a governmental entity is exempt from sales tax regardless of whether the governmental entity or the person using the device will hold title to the device if: (1) the device is prescribed by certain providers of health care for use by the person to whom it is prescribed; (2) the device is covered by Medicaid or Medicare; and (3) the purchase of the medical device is made pursuant to a contract between the governmental entity and the seller. (NRS 372.7285, 374.731) Sections 2 and 3 of this bill provide that a medical device prescribed by a physician assistant is exempt from sales tax under the same conditions as a medical device prescribed by another eligible provider of health care.

      Existing law authorizes the parent or legal guardian of a pupil who has asthma, anaphylaxis or diabetes to submit a written request that the public or private school in which the pupil is enrolled allow the pupil to self-administer medication for his or her condition while on the grounds of a school, participating in an activity sponsored by a school or on a school bus. (NRS 392.425, 394.1999) If such a request concerns a pupil enrolled at a public school, the request must include certain documentation from a physician or advanced practice registered nurse. (NRS 392.425) If such a request concerns a pupil enrolled at a private school, such documentation must be completed by a physician. (NRS 394.1999) Sections 5 and 7 of this bill additionally authorize: (1) a physician assistant to complete such documentation with regard to a pupil enrolled at a public or private school; and (2) an advanced practice registered nurse to complete such documentation with regard to a pupil enrolled at a private school.

      The Department of Motor Vehicles is authorized to issue a special license plate, parking placard or parking sticker upon submission of an application that includes a statement from a licensed physician or advanced practice registered nurse that the applicant is a person with a disability. (NRS 482.384) The holder of a special license plate, parking placard or parking sticker may park in a parking space designated for persons who are handicapped.

 


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persons who are handicapped. (NRS 484B.467) Sections 8-11 of this bill additionally authorize a physician assistant to complete the required statement.

      Existing law authorizes a physician assistant to perform such medical services as he or she is authorized to perform by his or her supervising physician. (NRS 630.271, 633.432) Sections 12 and 14 of this bill provide that those medical services may include ordering home health care for a patient. Section 13 of this bill additionally authorizes an advanced practice registered nurse to order home health care for a patient.

      Existing law authorizes a hearing aid specialist or dispensing audiologist to sell hearing aids by catalog, mail or the Internet if the hearing aid specialist or dispensing audiologist has received documentation of certain examinations from a physician or advanced practice registered nurse. (NRS 637B.242) Section 15 of this bill additionally authorizes a physician assistant to complete such documentation.

      Under existing law, a person who applies for employment as a driver of a taxicab must provide a certificate from a physician, advanced practice registered nurse or chiropractic physician stating that the prospective driver meets certain health requirements prescribed in federal regulations. (NRS 706.8842) Section 16 of this bill additionally authorizes a physician assistant to complete such a certificate.

      Section 17 of this bill requires a state and local governmental entity to update any form issued by the entity to conform to the provisions of this bill authorizing a physician assistant or advanced practice registered nurse to perform certain tasks.

 

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 455A.200 is hereby amended to read as follows:

      455A.200  1.  Each organization for youth sports that sanctions or sponsors competitive sports for youths in this State shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a youth’s participation in those competitive sports, including, without limitation, a concussion of the brain. To the extent practicable, the policy must be consistent with the policy adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.080. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a youth’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.

      2.  The policy adopted pursuant to subsection 1 must require that if a youth sustains or is suspected of sustaining an injury to the head while participating in competitive sports, the youth:

      (a) Must be immediately removed from the competitive sport; and

      (b) May return to the competitive sport if the parent or legal guardian of the youth provides a signed statement of a provider of health care indicating that the youth is medically cleared for participation in the competitive sport and the date on which the youth may return to the competitive sport.

      3.  Before a youth participates in competitive sports sanctioned or sponsored by an organization for youth sports in this State, the youth and his or her parent or legal guardian:

      (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

 


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      (b) Must sign a statement on a form prescribed by the organization for youth sports acknowledging that the youth and his or her parent or legal guardian have read and understand the terms and conditions of the policy.

      4.  As used in this section:

      (a) “Provider of health care” means a physician or physician assistant licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse [who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237,] licensed under chapter 632 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      (b) “Youth” means a person under the age of 18 years.

      Sec. 2. NRS 372.7285 is hereby amended to read as follows:

      372.7285  1.  In administering the provisions of NRS 372.325, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:

      (a) The medical device was ordered or prescribed by a provider of health care, within his or her scope of practice, for use by the person to whom it is provided;

      (b) The medical device is covered by Medicaid or Medicare; and

      (c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.

      2.  As used in this section:

      (a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

      (b) “Medicare” means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

      (c) “Provider of health care” means a physician or physician assistant licensed pursuant to chapter 630, 630A or 633 of NRS, perfusionist, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech-language pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor, licensed dietitian or doctor of Oriental medicine in any form.

      Sec. 3. NRS 374.731 is hereby amended to read as follows:

      374.731  1.  In administering the provisions of NRS 374.330, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:

      (a) The medical device was ordered or prescribed by a provider of health care, within his or her scope of practice, for use by the person to whom it is provided;

      (b) The medical device is covered by Medicaid or Medicare; and

      (c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.

 


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      2.  As used in this section:

      (a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

      (b) “Medicare” means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

      (c) “Provider of health care” means a physician or physician assistant licensed pursuant to chapter 630, 630A or 633 of NRS, perfusionist, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech-language pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor, licensed dietitian or doctor of Oriental medicine in any form.

      Sec. 4. NRS 385B.080 is hereby amended to read as follows:

      385B.080  1.  The Nevada Interscholastic Activities Association shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a pupil’s participation in interscholastic activities and events, including, without limitation, a concussion of the brain. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in interscholastic activities and events, including, without limitation, the risks associated with continuing to participate in the activity or event after sustaining such an injury.

      2.  The policy adopted pursuant to subsection 1 must require that if a pupil sustains or is suspected of sustaining an injury to the head while participating in an interscholastic activity or event, the pupil:

      (a) Must be immediately removed from the activity or event; and

      (b) May return to the activity or event if the parent or legal guardian of the pupil provides a signed statement of a provider of health care indicating that the pupil is medically cleared for participation in the activity or event and the date on which the pupil may return to the activity or event.

      3.  Before a pupil participates in an interscholastic activity or event, and on an annual basis thereafter, the pupil and his or her parent or legal guardian:

      (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

      (b) Must sign a statement on a form prescribed by the Nevada Interscholastic Activities Association acknowledging that the pupil and his or her parent or guardian have read and understand the terms and conditions of the policy.

      4.  As used in this section, “provider of health care” means a physician or physician assistant licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse licensed under chapter 632 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      Sec. 5. NRS 392.425 is hereby amended to read as follows:

      392.425  1.  The parent or legal guardian of a pupil who has asthma, anaphylaxis or diabetes may submit a written request to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of the pupil’s asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus.

 


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the pupil’s asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus.

      2.  A public school shall establish protocols for containing blood-borne pathogens and the handling and disposal of needles, medical devices and other medical waste and provide a copy of these protocols and procedures to the parent or guardian of a pupil who requests permission for the pupil to self-administer medication pursuant to subsection 1.

      3.  A written request made pursuant to subsection 1 must include:

      (a) A signed statement of a physician , physician assistant or advanced practice registered nurse indicating that the pupil has asthma, anaphylaxis or diabetes and is capable of self-administration of the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

      (b) A written treatment plan prepared by the physician , physician assistant or advanced practice registered nurse pursuant to which the pupil will manage his or her asthma, anaphylaxis or diabetes if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode while on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus; and

      (c) A signed statement of the parent or legal guardian:

             (1) Indicating that the parent or legal guardian grants permission for the pupil to self-administer the medication while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus;

             (2) Acknowledging that the parent or legal guardian is aware of and understands the provisions of subsections 4 and 5;

             (3) Acknowledging the receipt of the protocols provided pursuant to subsection 2;

             (4) Acknowledging that the protocols established pursuant to subsection 2 have been explained to the pupil who will self-administer the medication and that he or she has agreed to comply with the protocols; and

             (5) Acknowledging that authorization to self-administer medication pursuant to this section may be revoked if the pupil fails to comply with the protocols established pursuant to subsection 2.

      4.  The provisions of this section do not create a duty for the board of trustees of the school district, the school district, the public school in which the pupil is enrolled, or an employee or agent thereof, that is in addition to those duties otherwise required in the course of service or employment.

      5.  If a pupil is granted authorization pursuant to this section to self-administer medication, the board of trustees of the school district, the school district and the public school in which the pupil is enrolled, and any employee or agent thereof, are immune from liability for the injury to or death of:

      (a) The pupil as a result of self-administration of a medication pursuant to this section or the failure of the pupil to self-administer such a medication; and

      (b) Any other person as a result of exposure to or injury caused by needles, medical devices or other medical waste from the self-administration of medication by a pupil pursuant to this section.

      6.  Upon receipt of a request that complies with subsection 3, the principal or, if applicable, the school nurse of the public school in which a pupil is enrolled shall provide written authorization for the pupil to carry and self-administer medication to treat his or her asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus.

 


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pupil is enrolled shall provide written authorization for the pupil to carry and self-administer medication to treat his or her asthma, anaphylaxis or diabetes while the pupil is on the grounds of a public school, participating in an activity sponsored by a public school or on a school bus. The written authorization must be filed with the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled and must include:

      (a) The name and purpose of the medication which the pupil is authorized to self-administer;

      (b) The prescribed dosage and the duration of the prescription;

      (c) The times or circumstances, or both, during which the medication is required or recommended for self-administration;

      (d) The side effects that may occur from an administration of the medication;

      (e) The name and telephone number of the pupil’s physician , physician assistant or advanced practice registered nurse and the name and telephone number of the person to contact in the case of a medical emergency concerning the pupil; and

      (f) The procedures for the handling and disposal of needles, medical devices and other medical waste.

      7.  The written authorization provided pursuant to subsection 6 is valid for 1 school year. If a parent or legal guardian submits a written request that complies with subsection 3, the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled shall renew and, if necessary, revise the written authorization.

      8.  If a parent or legal guardian of a pupil who is authorized pursuant to this section to carry medication on his or her person provides to the principal or, if applicable, the school nurse of the public school in which the pupil is enrolled doses of the medication in addition to the dosage that the pupil carries on his or her person, the principal or, if applicable, the school nurse shall ensure that the additional medication is:

      (a) Stored on the premises of the public school in a location that is secure; and

      (b) Readily available if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode during school hours.

      9.  As used in this section:

      (a) “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

      (b) “Medication” means any medicine prescribed by a physician , physician assistant or advanced practice registered nurse for the treatment of anaphylaxis, asthma or diabetes, including, without limitation, asthma inhalers, auto-injectable epinephrine and insulin.

      (c) “Physician” means a person who is licensed to practice medicine pursuant to chapter 630 of NRS or osteopathic medicine pursuant to chapter 633 of NRS.

      (d) “Physician assistant” means a person who is licensed as a physician assistant pursuant to chapter 630 or 633 of NRS.

      (e) “Self-administer” means the auto-administration of a medication pursuant to the prescription for the medication or written directions for such a medication.

 


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      Sec. 6. NRS 392.452 is hereby amended to read as follows:

      392.452  1.  For those competitive sports not governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS, the board of trustees of each school district shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during a pupil’s participation in competitive sports within the school district, including, without limitation, a concussion of the brain. To the extent practicable, the policy must be consistent with the policy adopted by the Nevada Interscholastic Activities Association pursuant to NRS 385B.080. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.

      2.  The policy adopted pursuant to subsection 1 must require that if a pupil sustains or is suspected of sustaining an injury to the head while participating in competitive sports, the pupil:

      (a) Must be immediately removed from the competitive sport; and

      (b) May return to the competitive sport if the parent or legal guardian of the pupil provides a signed statement of a provider of health care indicating that the pupil is medically cleared for participation in the competitive sport and the date on which the pupil may return to the competitive sport.

      3.  Before a pupil participates in competitive sports within a school district, and on an annual basis thereafter, the pupil and his or her parent or legal guardian:

      (a) Must be provided with a copy of the policy adopted pursuant to subsection 1; and

      (b) Must sign a statement on a form prescribed by the board of trustees acknowledging that the pupil and his or her parent or guardian have read and understand the terms and conditions of the policy.

      4.  As used in this section, “provider of health care” means a physician or physician assistant licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse licensed under chapter 632 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      Sec. 7. NRS 394.1999 is hereby amended to read as follows:

      394.1999  1.  The parent or legal guardian of a pupil who has asthma, anaphylaxis or diabetes may submit a written request to the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled to allow the pupil to self-administer medication for the treatment of the pupil’s asthma, anaphylaxis or diabetes while the pupil is on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus.

      2.  A private school shall establish protocols for containing blood-borne pathogens and the handling and disposal of needles, medical devices and other medical waste and provide a copy of these protocols and procedures to the parent or guardian of a pupil who requests permission for the pupil to self-administer medication pursuant to subsection 1.

      3.  A written request made pursuant to subsection 1 must include:

      (a) A signed statement of a physician , physician assistant or advanced practice registered nurse indicating that the pupil has asthma, anaphylaxis or diabetes and is capable of self-administration of the medication while the pupil is on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus;

 


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pupil is on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus;

      (b) A written treatment plan prepared by the physician , physician assistant or advanced practice registered nurse pursuant to which the pupil will manage his or her asthma, anaphylaxis or diabetes if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode while on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus; and

      (c) A signed statement of the parent or legal guardian:

             (1) Indicating that the parent or legal guardian grants permission for the pupil to self-administer the medication while the pupil is on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus;

             (2) Acknowledging that the parent or legal guardian is aware of and understands the provisions of subsections 4 and 5;

             (3) Acknowledging the receipt of the protocols provided pursuant to subsection 2;

             (4) Acknowledging that the protocols established pursuant to subsection 2 have been explained to the pupil who will self-administer the medication and that he or she has agreed to comply with the protocols; and

             (5) Acknowledging that authorization to self-administer medication pursuant to this section may be revoked if the pupil fails to comply with the protocols established pursuant to subsection 2.

      4.  The provisions of this section do not create a duty for the private school in which the pupil is enrolled, or an employee or agent thereof, that is in addition to those duties otherwise required in the course of service or employment.

      5.  If a pupil is granted authorization pursuant to this section to self-administer medication, the governing body of the private school in which the pupil is enrolled, the private school and any employee or agent thereof, are immune from liability for the injury to or death of:

      (a) The pupil as a result of self-administration of a medication pursuant to this section or the failure of the pupil to self-administer such a medication; and

      (b) Any other person as a result of exposure to or injury caused by needles, medical devices or other medical waste from the self-administration of medication by a pupil pursuant to this section.

      6.  Upon receipt of a request that complies with subsection 3, the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled shall provide written authorization for the pupil to carry and self-administer medication to treat his or her asthma, anaphylaxis or diabetes while the pupil is on the grounds of the private school, participating in an activity sponsored by the private school or on a school bus. The written authorization must be filed with the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled and must include:

      (a) The name and purpose of the medication which the pupil is authorized to self-administer;

      (b) The prescribed dosage and the duration of the prescription;

      (c) The times or circumstances, or both, during which the medication is required or recommended for self-administration;

 


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      (d) The side effects that may occur from an administration of the medication;

      (e) The name and telephone number of the pupil’s physician , physician assistant or advanced practice registered nurse and the name and telephone number of the person to contact in the case of a medical emergency concerning the pupil; and

      (f) The procedures for the handling and disposal of needles, medical devices and other medical waste.

      7.  The written authorization provided pursuant to subsection 6 is valid for 1 school year. If a parent or legal guardian submits a written request that complies with subsection 3, the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled shall renew and, if necessary, revise the written authorization.

      8.  If a parent or legal guardian of a pupil who is authorized pursuant to this section to carry medication on his or her person provides to the principal or, if applicable, the school nurse of the private school in which the pupil is enrolled doses of the medication in addition to the dosage that the pupil carries on his or her person, the principal or, if applicable, the school nurse shall ensure that the additional medication is:

      (a) Stored on the premises of the private school in a location that is secure; and

      (b) Readily available if the pupil experiences an asthmatic attack, anaphylactic shock or diabetic episode during school hours.

      9.  An employee of a private school who willfully violates any provision of this section is guilty of a misdemeanor.

      10.  As used in this section:

      (a) “Advanced practice registered nurse” has the meaning ascribed to it in NRS 392.425.

      (b) “Medication” has the meaning ascribed to it in NRS 392.425.

      [(b)](c) “Physician” has the meaning ascribed to it in NRS 392.425.

      [(c)](d) “Physician assistant” has the meaning ascribed to it in NRS 392.425.

      (e) “Self-administer” has the meaning ascribed to it in NRS 392.425.

      Sec. 8.  NRS 482.3833 is hereby amended to read as follows:

      482.3833  “Person with a disability of moderate duration” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician , physician assistant or advanced practice registered nurse as being reversible, but estimated to last longer than 6 months.

      Sec. 9.  NRS 482.3837 is hereby amended to read as follows:

      482.3837  “Person with a permanent disability” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician , physician assistant or advanced practice registered nurse as irreversible.

      Sec. 10. NRS 482.3839 is hereby amended to read as follows:

      482.3839  “Person with a temporary disability” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician , physician assistant or advanced practice registered nurse as estimated to last not longer than 6 months.

 


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      Sec. 11. NRS 482.384 is hereby amended to read as follows:

      482.384  1.  Upon the application of a person with a permanent disability, the Department may issue special license plates for a vehicle, including a motorcycle or moped, registered by the applicant pursuant to this chapter. The application must include a statement from a licensed physician , physician assistant or advanced practice registered nurse certifying that the applicant is a person with a permanent disability. The issuance of a special license plate to a person with a permanent disability pursuant to this subsection does not preclude the issuance to such a person of a special parking placard for a vehicle other than a motorcycle or moped or a special parking sticker for a motorcycle or moped pursuant to subsection 6.

      2.  Every year after the initial issuance of special license plates to a person with a permanent disability, the Department shall require the person to renew the special license plates in accordance with the procedures for renewal of registration pursuant to this chapter. The Department shall not require a person with a permanent disability to include with the application for renewal a statement from a licensed physician , physician assistant or advanced practice registered nurse certifying that the person is a person with a permanent disability.

      3.  Upon the application of an organization which provides transportation for a person with a permanent disability, disability of moderate duration or temporary disability, the Department may issue special license plates for a vehicle registered by the organization pursuant to this chapter, or the Department may issue special parking placards to the organization pursuant to this section to be used on vehicles providing transportation to such persons. The application must include a statement from the organization certifying that:

      (a) The vehicle for which the special license plates are issued is used primarily to transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities; or

      (b) The organization which is issued the special parking placards will only use such placards on vehicles that actually transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities.

      4.  The Department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

      5.  Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numerals and letters on the plate.

      6.  Upon the application of a person with a permanent disability or disability of moderate duration, the Department may issue:

      (a) A special parking placard for a vehicle other than a motorcycle or moped. Upon request, the Department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section.

      (b) A special parking sticker for a motorcycle or moped.

Ê The application must include a statement from a licensed physician , physician assistant or advanced practice registered nurse certifying that the applicant is a person with a permanent disability or disability of moderate duration.

      7.  A special parking placard issued pursuant to subsection 6 must:

 


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      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

      (b) Have an identification number and date of expiration of:

             (1) If the special parking placard is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking placard is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance;

      (c) Have placed or inscribed on it the seal or other identification of the Department; and

      (d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      8.  A special parking sticker issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue background;

      (b) Have an identification number and a date of expiration of:

             (1) If the special parking sticker is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking sticker is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance; and

      (c) Have placed or inscribed on it the seal or other identification of the Department.

      9.  Before the date of expiration of a special parking placard or special parking sticker issued to a person with a permanent disability or disability of moderate duration, the person shall renew the special parking placard or special parking sticker. If the applicant for renewal is a person with a disability of moderate duration, the applicant must include with the application for renewal a statement from a licensed physician , physician assistant or advanced practice registered nurse certifying that the applicant is a person with a disability which limits or impairs the ability to walk, and that such disability, although not irreversible, is estimated to last longer than 6 months. A person with a permanent disability is not required to submit evidence of a continuing disability with the application for renewal.

      10.  The Department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard for a vehicle other than a motorcycle or moped or a temporary parking sticker for a motorcycle or moped upon the application of a person with a temporary disability. Upon request, the Department, city or county may issue one additional temporary parking placard to an applicant. The application must include a certificate from a licensed physician , physician assistant or advanced practice registered nurse indicating:

      (a) That the applicant has a temporary disability; and

      (b) The estimated period of the disability.

      11.  A temporary parking placard issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background;

      (b) Have an identification number and a date of expiration; and

      (c) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      12.  A temporary parking sticker issued pursuant to subsection 10 must:

 


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      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the sticker and is white on a red background; and

      (b) Have an identification number and a date of expiration.

      13.  A temporary parking placard or temporary parking sticker is valid only for the period for which a physician , physician assistant or advanced practice registered nurse has certified the disability, but in no case longer than 6 months. If the temporary disability continues after the period for which the physician , physician assistant or advanced practice registered nurse has certified the disability, the person with the temporary disability must renew the temporary parking placard or temporary parking sticker before the temporary parking placard or temporary parking sticker expires. The person with the temporary disability shall include with the application for renewal a statement from a licensed physician , physician assistant or advanced practice registered nurse certifying that the applicant continues to be a person with a temporary disability and the estimated period of the disability.

      14.  A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle in such a manner that the placard can easily be seen from outside the vehicle when the vehicle is parked.

      15.  Upon issuing a special license plate pursuant to subsection 1, a special or temporary parking placard, or a special or temporary parking sticker, the Department, or the city or county, if applicable, shall issue a letter to the applicant that sets forth the name and address of the person with a permanent disability, disability of moderate duration or temporary disability to whom the special license plate, special or temporary parking placard or special or temporary parking sticker has been issued and:

      (a) If the person receives special license plates, the license plate number designated for the plates; and

      (b) If the person receives a special or temporary parking placard or a special or temporary parking sticker, the identification number and date of expiration indicated on the placard or sticker.

Ê The letter, or a legible copy thereof, must be kept with the vehicle for which the special license plate has been issued or in which the person to whom the special or temporary parking placard or special or temporary parking sticker has been issued is driving or is a passenger.

      16.  A special or temporary parking sticker must be affixed to the windscreen of the motorcycle or moped. If the motorcycle or moped has no windscreen, the sticker must be affixed to any other part of the motorcycle or moped which may be easily seen when the motorcycle or moped is parked.

      17.  Special or temporary parking placards, special or temporary parking stickers, or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

      18.  No person, other than the person certified as being a person with a permanent disability, disability of moderate duration or temporary disability, or a person actually transporting such a person, may use the special license plate or plates or a special or temporary parking placard, or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

 


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temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

      19.  Any person who violates the provisions of subsection 18 is guilty of a misdemeanor.

      20.  The Department may review the eligibility of each holder of a special parking placard, a special parking sticker or special license plates, or any combination thereof. Upon a determination of ineligibility by the Department, the holder shall surrender the special parking placard, special parking sticker or special license plates, or any combination thereof, to the Department.

      21.  The Department may adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 12. NRS 630.271 is hereby amended to read as follows:

      630.271  1.  A physician assistant may perform such medical services as the physician assistant is authorized to perform by his or her supervising physician. Such services may include ordering home health care for a patient.

      2.  The Board and supervising physician shall limit the authority of a physician assistant to prescribe controlled substances to those schedules of controlled substances that the supervising physician is authorized to prescribe pursuant to state and federal law.

      Sec. 13. NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The Board may issue a license to practice as an advanced practice registered nurse to a registered nurse:

      (a) Who is licensed by endorsement pursuant to NRS 632.161 or 632.162 and holds a corresponding valid and unrestricted license to practice as an advanced practice registered nurse in the District of Columbia or any other state or territory of the United States; or

      (b) Who:

             (1) Has completed an educational program designed to prepare a registered nurse to:

                   (I) Perform designated acts of medical diagnosis;

                   (II) Prescribe therapeutic or corrective measures; and

                   (III) Prescribe controlled substances, poisons, dangerous drugs and devices;

             (2) Except as otherwise provided in subsection 7, submits proof that he or she is certified as an advanced practice registered nurse by the American Board of Nursing Specialties, the National Commission for Certifying Agencies of the Institute for Credentialing Excellence, or their successor organizations, or any other nationally recognized certification agency approved by the Board; and

             (3) Meets any other requirements established by the Board for such licensure.

      2.  An advanced practice registered nurse may:

      (a) Engage in selected medical diagnosis and treatment;

      (b) Order home health care for a patient;

      (c) If authorized pursuant to NRS 639.2351 and subject to the limitations set forth in subsection 3, prescribe controlled substances, poisons, dangerous drugs and devices; and

      [(c)](d) Provide his or her signature, certification, stamp, verification or endorsement when a signature, certification, stamp, verification or endorsement by a physician is required, if providing such a signature, certification, stamp, verification or endorsement is within the authorized scope of practice of an advanced practice registered nurse.

 


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certification, stamp, verification or endorsement is within the authorized scope of practice of an advanced practice registered nurse.

Ê An advanced practice registered nurse shall not engage in any diagnosis, treatment or other conduct which the advanced practice registered nurse is not qualified to perform.

      3.  An advanced practice registered nurse who is authorized to prescribe controlled substances, poisons, dangerous drugs and devices pursuant to NRS 639.2351 shall not prescribe a controlled substance listed in schedule II unless:

      (a) The advanced practice registered nurse has at least 2 years or 2,000 hours of clinical experience; or

      (b) The controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

      4.  An advanced practice registered nurse may perform the acts described in paragraphs (a) , [and] (b) and (c) of subsection 2 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics, including, without limitation, through telehealth, as defined in NRS 629.515, from within or outside this State or the United States.

      5.  Nothing in paragraph [(c)] (d) of subsection 2 shall be deemed to expand the scope of practice of an advanced practice registered nurse who provides his or her signature, certification, stamp, verification or endorsement in the place of a physician.

      6.  The Board shall adopt regulations:

      (a) Specifying any additional training, education and experience necessary for licensure as an advanced practice registered nurse.

      (b) Delineating the authorized scope of practice of an advanced practice registered nurse, including, without limitation, when an advanced practice registered nurse is qualified to provide his or her signature, certification, stamp, verification or endorsement in the place of a physician.

      (c) Establishing the procedure for application for licensure as an advanced practice registered nurse.

      7.  The provisions of subparagraph (2) of paragraph (b) of subsection 1 do not apply to an advanced practice registered nurse who obtains a license before July 1, 2014.

      Sec. 14. NRS 633.432 is hereby amended to read as follows:

      633.432  1.  A physician assistant may perform such medical services as [:

      (a) The] the physician assistant is authorized to perform by his or her supervising osteopathic physician [;] and

      [(b) Are] are within the supervising osteopathic physician’s scope of practice. Such services may include ordering home health care for a patient.

      2.  The Board and supervising osteopathic physician shall limit the authority of a physician assistant to prescribe controlled substances to those schedules of controlled substances that the supervising osteopathic physician is authorized to prescribe pursuant to state and federal law.

      Sec. 15. NRS 637B.242 is hereby amended to read as follows:

      637B.242  1.  A hearing aid specialist or dispensing audiologist licensed pursuant to this chapter may sell hearing aids by catalog, mail or the Internet if:

      (a) The hearing aid specialist or dispensing audiologist has received:

 


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             (1) A written statement signed by:

                   (I) A physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS, an advanced practice registered nurse licensed pursuant to NRS 632.237, an audiologist or a hearing aid specialist which verifies that he or she has performed an otoscopic examination of the person to whom the hearing aid will be sold and the results of the examination indicate that the person may benefit from the use of a hearing aid;

                   (II) A physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS, an audiologist or a hearing aid specialist which verifies that he or she has performed an audiometric examination of the person to whom the hearing aid will be sold and the results of the examination indicate that the person may benefit from the use of a hearing aid; and

                   (III) A dispensing audiologist or a hearing aid specialist which verifies that an ear impression has been taken of the person to whom the hearing aid will be sold; or

             (2) A waiver of the medical evaluation signed by the person to whom the hearing aid will be sold as authorized pursuant to 21 C.F.R. § 801.421(a)(2); and

      (b) The person to whom the hearing aid will be sold has signed a statement acknowledging that the hearing aid specialist or dispensing audiologist is selling him or her the hearing aid by catalog, mail or the Internet based upon the information submitted by the person in accordance with this section.

      2.  A hearing aid specialist or dispensing audiologist who sells hearing aids by catalog, mail or the Internet pursuant to this section shall maintain a record of each sale of a hearing aid made pursuant to this section for not less than 5 years.

      3.  The Board may adopt regulations to carry out the provisions of this section, including, without limitation, the information that must be included in each record required to be maintained pursuant to subsection 2.

      Sec. 16. NRS 706.8842 is hereby amended to read as follows:

      706.8842  1.  Before applying to a certificate holder for employment as a driver, a person must obtain a medical examiner’s certificate with two copies thereof from a medical examiner who is licensed to practice in the State of Nevada.

      2.  A medical examiner shall issue the certificate and copies described in subsection 1 if the medical examiner finds that a prospective driver meets the health requirements established by the Federal Motor Carrier Safety Regulations, 49 C.F.R. §§ 391.41 et seq.

      3.  The certificate described in subsection 1 must state that the medical examiner has examined the prospective driver and has found that the prospective driver meets the health requirements described in subsection 2. The certificate must be signed and dated by the medical examiner.

      4.  The medical examiner’s certificate required by this section expires 2 years after the date of issuance and may be renewed.

      5.  As used in this section, “medical examiner” means a physician, as defined in NRS 0.040, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, an advanced practice registered nurse licensed pursuant to NRS 632.237 or a chiropractic physician licensed pursuant to chapter 634 of NRS.

 


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      Sec. 17.  On or before January 1, 2020, a state or local governmental entity in this State:

      1.  Shall revise any form issued by the entity as necessary to conform to any amendatory provision of this act that newly authorizes a physician assistant or advanced practice registered nurse to perform a task; and

      2.  Submit any such updated form to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.

      Sec. 18.  This act becomes effective on July 1, 2019.

________

CHAPTER 27, AB 22

Assembly Bill No. 22–Committee on Growth and Infrastructure

 

CHAPTER 27

 

[Approved: May 14, 2019]

 

AN ACT relating to highways; revising provisions governing the amount of money that the Director of the Department of Transportation must retain under certain highway contracts; revising provisions governing the disbursement of money by a contractor to a subcontractor or supplier; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Director of the Department of Transportation, subject to certain exceptions, to make monthly payments to a contractor who satisfactorily performs any highway improvement or construction in full as the work is completed by the contractor. The payments must not exceed 95 percent of the contract price. The Director is required to retain the remaining 5 percent of the contract price until the entire contract is completed satisfactorily and accepted by the Director. The retained amount must not exceed $50,000. (NRS 408.383) Section 1 of this bill repeals the $50,000 limitation on the retained amount and reduces the percentage of the contract price which must be retained by the Director to 2.5 percent. Section 1 also requires the Department to perform a final inspection of the work completed under a contract for a project of highway improvement or construction. If the inspection discloses that the work was completed satisfactorily, section 1 requires the Department to reduce the amount of the contract price retained by the Department to not more than $50,000, with any remaining amount to be retained until the entire contract is completed satisfactorily and accepted by the Director. If the final inspection reveals that the work is not satisfactory, section 1 requires the Department to provide the contractor with notice of the deficiencies in such work that require correction.

      Existing law requires a contractor to disburse money paid to the contractor under a contract for a project of highway improvement or construction to his or her subcontractors and suppliers within a certain amount of time and provides that, if a contractor withholds more than 10 percent from such a required payment, the subcontractor or supplier may contact the Director to resolve the dispute between the contractor and the subcontractor or supplier. (NRS 408.383) Section 1 provides that a subcontractor or supplier may contact the Director to resolve such a dispute if the contractor withholds more than 2.5 percent of a required payment.

      Section 2 of this bill prohibits the retroactive application of the amendatory provisions of this bill to contracts made or awarded by the Department before the effective date of this bill.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 408.383 is hereby amended to read as follows:

      408.383  1.  Except as otherwise provided in subsections 2, [11] 12 and [12,] 13, the Director may pay at the end of each calendar month, or as soon thereafter as practicable, to any contractor satisfactorily performing any highway improvement or construction as the work progresses in full for the work as completed but not more than [95] 97.5 percent of the entire contract price. The progress estimates must be based upon materials in place, or on the job site, or at a location approved by the Director, and invoiced, and labor expended thereon. The remaining [5] 2.5 percent [, but not more than $50,000,] must be retained until the [entire contract is completed satisfactorily and accepted by the Director.] remaining money is disposed of in the manner provided in subsection 3 or 4, as applicable.

      2.  If the work in progress is being performed on a satisfactory basis, the Director may reduce the percentage retained if the Director finds that sufficient reasons exist for additional payment and has obtained written approval from every surety furnishing bonds for the work. Any remaining money must be retained until [the entire contract is completed satisfactorily and accepted by the Director.] such money is disposed of in the manner provided in subsection 3 or 4, as applicable.

      3.  Upon receiving notice from the contractor of the completion of all work under a contract for a project of highway improvement or construction, the Department shall perform a final inspection of such work. If the final inspection discloses that any work, in whole or in part, is unsatisfactory, the Department will provide the contractor with notice of the deficiencies in such work that require correction before the work will be considered completed satisfactorily. Upon receiving notice from the contractor that any such unsatisfactory work has been corrected, the Department shall conduct another final inspection. If a final inspection discloses that all work under a contract for a project of highway improvement or construction has been completed satisfactorily, the Director shall reduce any money being retained pursuant to subsection 1 to not more than $50,000, not later than 30 days after such final inspection. Any remaining money must be retained until the entire contract is completed satisfactorily and accepted by the Director.

      4.  If it becomes necessary for the Department to take over the completion of any highway contract or contracts, all of the amounts owing the contractor, including the withheld percentage, must first be applied toward the cost of completion of the contract or contracts. Any balance remaining in the retained percentage after completion by the Department is payable to the contractor or the contractor’s creditors.

      [4.]5.  Such retained percentage as may be due any contractor is due and payable at the expiration of the 30-day period as provided in NRS 408.363 for filing of creditors’ claims, and this retained percentage is due and payable to the contractor at that time without regard to creditors’ claims filed with the Department.

      [5.]6.  The contractor under any contract made or awarded by the Department, including any contract for the construction, improvement, maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract which are retained by the Department, pursuant to the terms of the contract, if the contractor deposits with the Director:

 


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ê2019 Statutes of Nevada, Page 152 (CHAPTER 27, AB 22)ê

 

maintenance or repair of any road or highway or the appurtenances thereto, may, from time to time, withdraw the whole or any portion of the sums otherwise due to the contractor under the contract which are retained by the Department, pursuant to the terms of the contract, if the contractor deposits with the Director:

      (a) United States treasury bonds, United States treasury notes, United States treasury certificates of indebtedness or United States treasury bills;

      (b) Bonds or notes of the State of Nevada; or

      (c) General obligation bonds of any political subdivision of the State of Nevada.

Ê Certificates of deposit must be of a market value not exceeding par, at the time of deposit, but at least equal in value to the amount so withdrawn from payments retained under the contract.

      [6.]7.  The Director has the power to enter into a contract or agreement with any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor after notice to the owner and surety, to provide for the custodial care and servicing of any obligations deposited with the Director pursuant to this section. Such services include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this section.

      [7.]8.  The Director or any national bank, state bank, credit union, trust company or safe deposit company located in the State of Nevada, designated by the contractor to serve as custodian for the obligations pursuant to subsection [6,] 7, shall collect all interest or income when due on the obligations so deposited and shall pay them, when and as collected, to the contractor who deposited the obligation. If the deposit is in the form of coupon bonds, the Director shall deliver each coupon as it matures to the contractor.

      [8.]9.  Any amount deducted by the State of Nevada, or pursuant to the terms of a contract, from the retained payments otherwise due to the contractor thereunder, must be deducted first from that portion of the retained payments for which no obligation has been substituted, then from the proceeds of any deposited obligation. In the latter case, the contractor is entitled to receive the interest, coupons or income only from those obligations which remain on deposit after that amount has been deducted.

      [9.]10.  A contractor shall disburse money paid to the contractor pursuant to this section, including any interest that the contractor receives, to his or her subcontractors and suppliers within 15 days after receipt of the money in the proportion that the value of the work performed by each subcontractor or the materials furnished by each supplier bears to the total amount of the contract between the principal contractor and the Department.

      [10.]11.  Money payable to a subcontractor or supplier accrues interest at a rate equal to the lowest daily prime rate at the three largest banks in the United States on the date the subcontract or order for supplies was executed plus 2 percent, from 15 days after the money was received by the principal contractor until the date of payment.

      [11.]12.  If a contractor withholds more than [10] 2.5 percent of a payment required by subsection [9,] 10, the subcontractor or supplier may inform the Director in writing of the amount due. The Director shall attempt to resolve the dispute between the contractor and the subcontractor or supplier within 20 working days after the date that the Director receives notice of the amount due. If the dispute is not resolved within 20 working days after the date that the Director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest.

 


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days after the date that the Director receives notice of the amount due, the contractor shall deposit the disputed amount in an escrow account that bears interest. The contractor, subcontractor or supplier may pursue any legal or equitable remedy to resolve the dispute over the amount due. The Director may not be made a party to any legal or equitable action brought by the contractor, subcontractor or supplier.

      [12.]13.  If the Director awards to a railroad company a contract for a project for the construction, reconstruction, improvement or maintenance of a highway and the project is located on property that is owned by or under the control of the railroad company, the Director may agree in the contract not to retain any portion of the contract price.

      Sec. 2.  The amendatory provisions of section 1 of this act do not apply to any highway contract that is made or awarded by the Department of Transportation before the effective date of this act.

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

________

CHAPTER 28, AB 27

Assembly Bill No. 27–Committee on Commerce and Labor

 

CHAPTER 28

 

[Approved: May 14, 2019]

 

AN ACT relating to contractors; revising provisions governing cease and desist orders issued by the State Contractors’ Board for acting as a contractor or submitting a bid on a job in this State without a license as a contractor; prescribing certain actions that the Board is required or authorized to take after issuance of such a cease and desist order; authorizing a person who is issued a cease and desist order by the Board to contest the order within a certain period; setting forth the circumstances under which the order shall be deemed a final order of the Board; authorizing the Board to extend the time to contest the order for good cause shown; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, if the State Contractors’ Board has reason to believe that a person has committed certain violations, the Board is required to issue, or authorize the issuance of, a written administrative citation to the person. If the citation includes any corrective action that must be taken, the citation must specifically describe that action. A person to whom the Board issues a citation may contest the citation within 15 business days after the citation is served upon the person. If a person does not contest a citation within that period, or if the Board does not extend that period, the citation shall be deemed a final order of the Board and not subject to review by any court or agency. (NRS 624.341, 624.345) Existing law also requires the Board to issue a cease and desist order to a person for acting as a contractor or submitting a bid on a job in this State without a license as a contractor. (NRS 624.212) Section 1 of this bill revises provisions governing such cease and desist orders and sets forth the actions that the Board is required or authorized to take after issuing such an order. Such actions may include, without limitation: (1) confirming that a violation of the cease and desist order has occurred; (2) imposing written administrative citations and administrative fines; (3) requiring the person against whom a cease and desist order is issued to take certain actions to remedy the violation; and (4) vacating or clarifying the terms of a cease and desist order.

 


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ê2019 Statutes of Nevada, Page 154 (CHAPTER 28, AB 27)ê

 

issued to take certain actions to remedy the violation; and (4) vacating or clarifying the terms of a cease and desist order. Section 1.5 of this bill amends the provisions of existing law which authorize a person to contest a written citation issued by the Board to include any cease and desist order issued by the Board.

 

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 624.212 is hereby amended to read as follows:

      624.212  1.  The Executive Officer, on behalf of the Board, shall issue an order to cease and desist to any person:

      (a) Acting as a contractor, including, without limitation, commencing work as a contractor; or

      (b) Submitting a bid on a job situated in this State,

Ê without [an active] a valid license [of the proper classification] issued pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt.

      2.  [If it appears that any person has engaged in acts or practices which constitute a violation of this chapter or the violation of an order issued pursuant to subsection 1, the Board may request the Attorney General, the district attorney of the county in which the alleged violation occurred or the district attorney of any other county in which that person maintains a place of business or resides to apply on behalf of the Board to the district court for an injunction restraining the person from acting in violation of this chapter. Upon a proper showing, a temporary restraining order, a preliminary injunction or a permanent injunction may be granted. The Board as plaintiff in the action is not required to prove any irreparable injury.

      3.  In seeking injunctive relief against any person for an alleged violation of NRS 624.700, it is sufficient to allege that the person did, upon a certain day and in a certain county of this State:

      (a) Act as a contractor, including, without limitation, commence work as a contractor; or

      (b) Submit a bid on a job situated in this State,

Ê without having an active license of the proper classification issued pursuant to this chapter, without alleging any further or more particular facts concerning the matter.

      4.  The issuance of a restraining order or an injunction does not relieve the person against whom the restraining order or injunction is issued from criminal prosecution for practicing without a license.

      5.] After confirming that the cease and desist order has been received by the person to whom it was issued, the Board shall return to the job site or take any other action required to confirm that the terms of the cease and desist order have been complied with. The person to whom the cease and desist order was issued may, while in the course of stopping work on the job, take any necessary action within 48 hours after receiving the cease and desist order to protect the public, the project, any other contractors, laborers and equipment on the site and to limit the loss of any perishable goods.

      3.  If the Board determines that any term of a cease and desist order has not been complied with and no exception applies:

 


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      (a) The person to whom the cease and desist order was issued shall be deemed noncompliant with the cease and desist order and the person may not complete the project, except for taking any necessary action to protect the public, the project, any other contractors, laborers and equipment and to limit the loss of any perishable goods.

      (b) Except as otherwise provided in paragraph (c), for a first violation, the Board shall issue a written administrative citation pursuant to NRS 624.341, which may include any reasonable investigatory fees and costs, conditioned upon the submission by the person of a bona fide application for the issuance of a license pursuant to this chapter within a reasonable period established by the Board.

      (c) For a second or subsequent violation, or for any first violation for which the reasonable value of the unlicensed work exceeds $50,000, the Board shall:

             (1) Report the violation of the cease and desist order to the appropriate district attorney for possible criminal prosecution pursuant to NRS 624.700; and

             (2) Provide any reasonable assistance in the prosecution.

      (d) The Board may apply for an injunctive relief pursuant to the Nevada Rules of Civil Procedure to enjoin the person to whom the cease and desist order was issued from continuing to violate the cease and desist order in any county in which the person may be found. If such an action is filed, irreparable injury is presumed and the likelihood of success on the merits may be established by a showing that, on the date the cease and desist order was issued, the person did not hold a valid license issued pursuant to this chapter and had bid for or undertaken work for which such a license is required.

      4.  If the Board determines that the person to whom the cease and desist order was issued has complied with the order, the Board:

      (a) Shall issue an administrative citation pursuant to NRS 624.341 and impose an administrative fine against the person in accordance with NRS 624.710, in addition to any reasonable investigatory fees and costs; and

      (b) May require the person to submit a bona fide application for the issuance of a license pursuant to this chapter within a reasonable period established by the Board.

      5.  When assessing an administrative fine pursuant to this section, the Board may:

      (a) Require the person to whom the cease and desist order was issued to remedy any loss or damage caused by the unlicensed activity for which the order was issued, including, without limitation, the disgorgement of any amount of money collected from the owner of the project that was not for material delivered to the job site and that has not been damaged or altered by the person;

      (b) Reduce or stay any administrative fine imposed pursuant to subsection 4 pending completion by the person of a program of training or an examination required by the Board; or

      (c) Reduce or stay any administrative fine imposed pursuant to subsection 4 if the person obtains a valid license issued pursuant to this chapter.

 


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      6.  When imposing an administrative fine pursuant to this section, the Board shall impose the maximum administrative fine established pursuant to this chapter for the unlicensed activity if more than one of the following circumstances exist:

      (a) The person has previously committed the same or a similar violation as the violation for which the administrative fine is imposed;

      (b) The unlicensed activity involves more than one trade or craft;

      (c) The unlicensed activity resulted in harm to any person or property;

      (d) The unlicensed activity involved an elderly person or a person with a diagnosed physical or mental disability; or

      (e) The unlicensed activity was for a project having a contract value in excess of $50,000.

      7.  Within 15 business days after receiving a cease and desist order, the person against whom the order was issued may petition the Board in writing to lift or alter the order. The petition may assert:

      (a) As an absolute defense:

             (1) Licensure of the person pursuant to chapter 624 of NRS;

             (2) Any applicable exception to licensure set forth in NRS 624.031; or

             (3) Misidentification of the person.

      (b) As a partial defense:

             (1) Overbreadth of any term of the cease and desist order;

             (2) Vagueness or ambiguity of any term of the cease and desist order;

             (3) Consideration of any necessary action taken by the person to protect the public, the project, any other contractors, laborers and any equipment on the job site and to limit any loss of perishable goods; or

             (4) Any other defect in the terms of the cease and desist order.

      8.  After considering any assertion made in a petition pursuant to:

      (a) Paragraph (a) of subsection 7, the Board shall, if facts are established to the satisfaction of the Board to support the absolute defense asserted in the petition, vacate the cease and desist order or any portion thereof.

      (b) Paragraph (b) of subsection 7, the Board shall, if facts are established to the satisfaction of the Board to support the partial defense asserted in the petition, reasonably clarify any terms of the cease and desist order requested by the petitioner.

      9.  When considering an application for the issuance of a license pursuant to this chapter, the Board may consider:

      (a) Any cease and desist order issued against the applicant;

      (b) Compliance by the applicant with any cease and desist order issued against him or her;

      (c) Any criminal conviction of the applicant for failure to comply with any cease and desist order; or

      (d) The payment by the applicant of any criminal or administrative fine and any administrative fee or cost imposed against the applicant.

      10.  If the court finds that a person [willfully] violated an order issued pursuant to subsection 1 [,] without an established absolute defense set forth in paragraph (a) of subsection 7, it shall impose a fine of not less than $250 nor more than $1,000 for each violation of the order.

 


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      Sec. 1.5. NRS 624.345 is hereby amended to read as follows:

      624.345  1.  A person who is issued a written citation pursuant to NRS 624.341 or an order to cease and desist pursuant to NRS 624.212 may contest the citation or order within 15 business days after the date on which the citation or order is served on the person.

      2.  A person may contest, without limitation:

      (a) The facts forming the basis for the determination that the person has committed an act which constitutes a violation of this chapter or the regulations of the Board;

      (b) The time allowed to take any corrective action ordered;

      (c) The amount of any administrative fine ordered;

      (d) The amount of any order to reimburse the Board for the expenses incurred to investigate the person; and

      (e) Whether any corrective action described in the citation or order is reasonable.

      3.  If a person does not contest a citation issued pursuant to NRS 624.341 or an order to cease and desist issued pursuant to NRS 624.212 within 15 business days after the date on which the citation or order is served on the person, or on or before such later date as specified by the Board pursuant to subsection 4, the citation or order shall be deemed a final order of the Board and not subject to review by any court or agency.

      4.  The Board may, for good cause shown, extend the time to contest a citation issued pursuant to NRS 624.341 [.] or an order to cease and desist issued pursuant to NRS 624.212.

      5.  For the purposes of this section [, a] :

      (a) An order to cease and desist must be served in accordance with NRS 624.212.

      (b) A citation shall be deemed to have been served on a person on:

      [(a)] (1) The date on which the citation is personally delivered to the person; or

      [(b)] (2) If the citation is mailed, the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 29, AB 29

Assembly Bill No. 29–Committee on Commerce and Labor

 

CHAPTER 29

 

[Approved: May 14, 2019]

 

AN ACT relating to construction; authorizing a general engineering contractor to hire not more than one general building contractor on a single construction project under certain circumstances; authorizing a general building contractor to provide management and counseling services on a construction project for a professional fee; imposing certain limitations relating to general building contractors on a single construction project; requiring each construction project to have not more than one licensed prime contractor under certain circumstances; and providing other matters properly relating thereto.

 


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ê2019 Statutes of Nevada, Page 158 (CHAPTER 29, AB 29)ê

 

Legislative Counsel’s Digest:

      Under existing law, the contracting business is classified to include the branches of: (1) general engineering contracting; (2) general building contracting; and (3) specialty contracting. Existing law also sets forth the circumstances under which a contractor is considered to be a general engineering contractor, general building contractor or a specialty contractor. (NRS 624.215) Section 1 of this bill: (1) authorizes a general engineering contractor, when acting as a prime contractor, to hire not more than one general building contractor to provide work, materials or equipment on a single construction project; (2) authorizes a general building contractor to provide management and counseling services on a construction project for a professional fee; (3) limits the number of general building contractors for a single construction project; and (4) requires each construction project to have not more than one licensed prime contractor who is responsible for the work, materials or equipment for the construction project. Section 1 also defines the term “prime contractor” for that purpose.

 

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 624.215 is hereby amended to read as follows:

      624.215  1.  For the purpose of classification, the contracting business includes the following branches:

      (a) General engineering contracting.

      (b) General building contracting.

      (c) Specialty contracting.

Ê General engineering contracting and general building contracting are mutually exclusive branches.

      2.  A general engineering contractor is a contractor whose principal contracting business is in connection with fixed works, including irrigation, drainage, water supply, water power, flood control, harbors, railroads, highways, tunnels, airports and airways, sewers and sewage disposal systems, bridges, inland waterways, pipelines for transmission of petroleum and other liquid or gaseous substances, refineries, chemical plants and industrial plants requiring a specialized engineering knowledge and skill, power plants, piers and foundations and structures or work incidental thereto.

      3.  [A] Except as otherwise provided in subsections 5 and 6, a general building contractor is a contractor whose principal contracting business is in connection with the construction or remodeling of buildings or structures for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in their construction the use of more than two unrelated building trades or crafts, upon which he or she is a prime contractor and where the construction or remodeling of a building is the primary purpose. Unless he or she holds the appropriate specialty license, a general building contractor may only contract to perform specialty contracting if he or she is a prime contractor on a project. A general building contractor shall not perform specialty contracting in plumbing, electrical, refrigeration and air-conditioning or fire protection without a license for the specialty. A person who exclusively constructs or repairs mobile homes, manufactured homes or commercial coaches is not a general building contractor.

 


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ê2019 Statutes of Nevada, Page 159 (CHAPTER 29, AB 29)ê

 

      4.  A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

      5.  A general engineering contractor, when acting as a prime contractor, may hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

      6.  A general building contractor may contract to provide management and counseling services on a construction project for a professional fee. A general building contractor who has contracted to provide management and counseling services may hire not more than one general building contractor to provide any work, materials or equipment as specified in subsection 3 on a single construction project.

      7.  A single construction project must be limited to not more than one general building contractor who provides management and counseling services for a professional fee and not more than one general building contractor who provides any work, materials or equipment as specified in subsection 3.

      8.  Except as otherwise provided in this subsection, each construction project must have one, but not more than one, prime contractor who is a licensed contractor and is responsible for the work, materials and equipment for the construction project. A construction project is not required to have a prime contractor if the work for the construction project or the person providing the work for the construction project is exempt pursuant to NRS 624.031.

      9.  This section does not prevent the Board from establishing, broadening, limiting or otherwise effectuating classifications in a manner consistent with established custom, usage and procedure found in the building trades. The Board is specifically prohibited from establishing classifications in such a manner as to determine or limit craft jurisdictions.

      10.  As used in this section, “prime contractor” means:

      (a) A general engineering contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor is licensed;

      (b) A general building contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general building contractor is licensed;

      (c) A general engineering contractor and general building contractor who enter into an oral or written agreement with an owner of a construction project or an agent of an owner to provide any work, materials or equipment for which the general engineering contractor and general building contractor are licensed; or

      (d) A specialty contractor who enters into an oral or written agreement with an owner of a construction project or an agent of an owner to provide:

             (1) Any work, materials or equipment for which the specialty contractor is licensed; and

             (2) Any other work which is incidental and supplemental thereto.

      Sec. 2.  This act becomes effective upon passage and approval.

________

 


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ê2019 Statutes of Nevada, Page 160ê

 

CHAPTER 30, AB 45

Assembly Bill No. 45–Committee on Judiciary

 

CHAPTER 30

 

[Approved: May 14, 2019]

 

AN ACT relating to public safety; creating and setting forth the duties of the Nevada Threat Analysis Center and the Nevada Threat Analysis Center Advisory Committee in the Investigation Division of the Department of Public Safety; making certain information relating to the Center and the Advisory Committee confidential; authorizing the Advisory Committee to hold a closed meeting for certain purposes; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 5 of this bill creates the Nevada Threat Analysis Center in the Investigation Division of the Department of Public Safety. Section 5 requires the Center to: (1) collect and maintain certain information regarding potential threats to public safety; and (2) analyze and disseminate the information collected to a public safety agency or other governmental agencies or a private entity as the Center determines is necessary to detect, prevent, investigate or respond to criminal activity or acts of terrorism. Section 6 of this bill provides that any information collected by the Center is confidential and must not be disclosed except when the Center determines such disclosure is necessary. Section 6 makes the disclosure of such confidential information a gross misdemeanor or a category C felony, depending on the intent of the person disclosing the information.

      Section 7 of this bill creates the Nevada Threat Analysis Center Advisory Committee within the Investigation Division to advise the Nevada Threat Analysis Center on best practices for the collection, maintenance, analysis and dissemination of certain information relating to criminal activity or acts of terrorism. Section 8 of this bill: (1) requires the Advisory Committee to generally comply with the Open Meeting Law; and (2) authorizes the Advisory Committee to hold a closed meeting to receive or provide security briefings or to discuss certain topics. Section 8 provides that all information and materials received or prepared by the Advisory Committee during a closed meeting and all minutes or audiovisual or electronic reproductions of such a meeting are confidential. Section 8 also provides that if a criminal proceeding is initiated as a result of information or materials received or prepared by the Advisory Committee during such a closed meeting, such information or materials are subject to discovery and disclosure in accordance with applicable law. Sections 10 and 11 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 480 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      Sec. 3. “Criminal intelligence information” means any information about an identifiable person or group of persons that is collected by a natural person, a private entity or a public safety agency or another federal, state or local governmental agency in an effort to detect, prevent, investigate or respond to criminal activity or acts of terrorism.

 


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ê2019 Statutes of Nevada, Page 161 (CHAPTER 30, AB 45)ê

 

federal, state or local governmental agency in an effort to detect, prevent, investigate or respond to criminal activity or acts of terrorism.

      Sec. 4. “Public safety agency” means:

      1.  A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish and suppress fires;

      2.  A law enforcement agency as defined in NRS 277.035;

      3.  An emergency medical service;

      4.  The Division of Emergency Management of the Department; or

      5.  A local organization for emergency management, as defined in NRS 414.036.

      Sec. 5. 1.  The Nevada Threat Analysis Center is hereby created within the Investigation Division.

      2.  The Chief of the Investigation Division shall appoint a Director of the Center who is in the classified service of the State.

      3.  The Center shall:

      (a) Collect and maintain criminal intelligence information and other information regarding actual or potential threats to public safety; and

      (b) Analyze the criminal intelligence information and other information collected pursuant to paragraph (a) and disseminate the information to a public safety agency or other federal, state or local governmental agency or a private entity as the Center determines is necessary to detect, prevent, investigate or respond to criminal activity or acts of terrorism.

      Sec. 6. 1.  Except as otherwise provided in subsection 3 of section 5 of this act, any criminal intelligence information or other information collected by the Nevada Threat Analysis Center, including, without limitation, any papers, records, documents, reports, materials, databases or other evidence related to actual or suspected criminal activity or acts of terrorism is confidential and must not be disclosed.

      2.  A person who knowingly violates any provision of this section or who assists, solicits or conspires with another person to violate any provision of this section is guilty of:

      (a) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with intent to:

             (1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any act of terrorism; or

             (2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any act of terrorism; or

      (b) If paragraph (a) does not apply, a gross misdemeanor.

      Sec. 7. 1.  The Nevada Threat Analysis Center Advisory Committee is hereby created within the Investigation Division. Except as otherwise provided in subsection 2, the Advisory Committee consists of 2 ex officio nonvoting members pursuant to subsection 2 and not more than 15 voting members, which must include, without limitation:

      (a) The Chief of the Investigation Division;

      (b) The Chief of the Nevada Highway Patrol of the Department;

      (c) The Chief of the Division of Emergency Management of the Department or another person designated by the Director of the Department who has experience relating to homeland security;

 


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ê2019 Statutes of Nevada, Page 162 (CHAPTER 30, AB 45)ê

 

      (d) Three members appointed by the Nevada Sheriffs’ and Chiefs’ Association or its legal successor who are representatives of the Association or its legal successor;

      (e) One member appointed by the Director of the Department who is a representative of the Nevada Fire Chiefs’ Association or its legal successor;

      (f) One member appointed by the Director of the Department who is employed as a police officer by an Indian tribe;

      (g) One member appointed by the sheriff of each county in which a metropolitan police department has been established who is a representative of the metropolitan police department; and

      (h) Any other members appointed by the Director of the Department based on their experience or knowledge.

      2.  Except as otherwise provided in this subsection, the following persons are ex officio nonvoting members of the Advisory Committee:

      (a) The Director of the Nevada Threat Analysis Center created by section 5 of this act.

      (b) The Director of the Department or his or her designee except, in the case of a tie vote on any question, the Director or his or her designee shall cast the deciding vote.

      3.  The Director of the Department or his or her designee shall:

      (a) Serve as the Chair of the Committee; and

      (b) Select from the members a Vice Chair.

      4.  Appointed members of the Advisory Committee serve at the pleasure of the appointing authority.

      5.  The Advisory Committee shall meet at least twice annually at the call of the Chair and in conformance with section 8 of this act.

      6.  Members of the Advisory Committee serve without compensation and are not entitled to receive a per diem allowance or travel expenses.

      7.  The Advisory Committee shall advise the Nevada Threat Analysis Center created by section 5 of this act on best practices for the collection, maintenance, analysis and dissemination of criminal intelligence information.

      Sec. 8. 1.  Except as otherwise provided in this section, the Nevada Threat Analysis Center Advisory Committee created by section 7 of this act shall comply with the provisions of chapter 241 of NRS.

      2.  The Advisory Committee may hold a closed meeting:

      (a) To receive or provide security briefings; or

      (b) To discuss:

             (1) Active criminal investigations;

             (2) Criminal intelligence information;

             (3) Actual or suspected acts of terrorism;

             (4) Suspected or confirmed threats to public safety;

             (5) Deficiencies in security with respect to public services, public facilities or infrastructure; or

             (6) Deficiencies in security with respect to handling criminal intelligence information.

      3.  All information and materials received or prepared by the Advisory Committee during a closed meeting pursuant to subsection 2 and all minutes and audiovisual or electronic reproductions of such a meeting are confidential and not subject to inspection by the general public. If a criminal proceeding is initiated as a result of information or materials received or prepared by the Advisory Committee during such a closed meeting, such information or materials are subject to discovery and disclosure in accordance with applicable law.

 


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ê2019 Statutes of Nevada, Page 163 (CHAPTER 30, AB 45)ê

 

received or prepared by the Advisory Committee during such a closed meeting, such information or materials are subject to discovery and disclosure in accordance with applicable law.

      Sec. 9. NRS 480.400 is hereby amended to read as follows:

      480.400  As used in NRS 480.400 to 480.520, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 480.410 to 480.440, inclusive, and sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 10. 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, 3.2203, 41.071, 49.095, 49.293, 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, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 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, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 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, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 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, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 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, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 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.

 


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ê2019 Statutes of Nevada, Page 164 (CHAPTER 30, AB 45)ê

 

485.316, 501.344, 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.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 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, 673.450, 673.480, 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, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 6 and 8 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

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

 


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ê2019 Statutes of Nevada, Page 165 (CHAPTER 30, AB 45)ê

 

      (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. 11. NRS 241.016 is hereby amended to read as follows:

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

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

      (a) The Legislature of the State of Nevada.

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

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 289.387, 295.121, 360.247, 388.261, 388A.495, 388C.150, 388G.710, 388G.730, 392.147, 392.467, 394.1699, 396.3295, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725 [,] and section 8 of this act, which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 12.  This act becomes effective on July 1, 2019.

________

CHAPTER 31, AB 49

Assembly Bill No. 49–Committee on Health and Human Services

 

CHAPTER 31

 

[Approved: May 14, 2019]

 

AN ACT relating to controlled substances; requiring the Chief Medical Officer to upload certain information relating to a drug overdose to the computerized program to track certain prescriptions for controlled substances; requiring the program to allow the upload of such information to the extent of available money; revising requirements concerning the uploading of certain information to the program; authorizing certain action against practitioners and licensing boards who commit certain violations relating to the program; and providing other matters properly relating thereto.

 


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ê2019 Statutes of Nevada, Page 166 (CHAPTER 31, AB 49)ê

 

Legislative Counsel’s Digest:

      Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III, IV or V that is filled by a registered pharmacy or dispensed by a registered practitioner. (NRS 453.162) Existing law also requires a provider of health care who knows of, or provides services to, a person who has suffered or is suspected of having suffered a drug overdose to report that fact to the Chief Medical Officer or his or her designee. To the extent that money is available to include such information reported by providers of health care concerning drug overdoses in the database of the program, sections 1 and 2 of this bill require the Chief Medical Officer or a designee thereof to upload such information to the database of the program.

      Existing law requires a law enforcement officer who has probable cause to believe that a violation of chapter 453 of NRS involving a prescription for a controlled substance is occurring or has occurred or receives a report of a stolen prescription for a controlled substance to report certain information to his or her employer. Existing law also requires an employer of a law enforcement officer who receives such a report to upload that information to the database of the program. (NRS 453.1635) Section 3 of this bill replaces those requirements with a requirement that a law enforcement agency which arrests a person for a violation of chapter 453 of NRS involving a prescription for a controlled substance or receives a report of a stolen prescription for a controlled substance must upload to the database of the program the information prescribed by regulation of the Board. Section 3 also abolishes a requirement that a coroner, medical examiner or deputy thereof must upload to the database of the program certain information concerning a person who dies as the result of using a prescribed controlled substance.

      Existing law requires the Board to provide Internet access to the database of the program to: (1) certain occupational licensing boards for the purposes of investigating information that indicates fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance; and (2) each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances for human consumption. (NRS 453.164) Section 4 of this bill authorizes the Board to terminate the access of an occupational licensing board that accesses the database for an unauthorized purpose. Section 6 of this bill authorizes the Board to suspend or revoke the registration to dispense controlled substances of a practitioner who violates certain requirements concerning the program. Violations for which section 6 authorizes such suspension or revocation include failure to: (1) comply with requirements relating to the program; or (2) obtain a patient utilization report from the program before issuing certain prescriptions. (NRS 639.23507) Section 2 of this bill makes a conforming change.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 441A.150 is hereby amended to read as follows:

      441A.150  1.  A provider of health care who knows of, or provides services to, a person who has or is suspected of having a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board. If no provider of health care is providing services, each person having knowledge that another person has a communicable disease shall report that fact to the health authority in the manner prescribed by the regulations of the Board.

      2.  A provider of health care who knows of, or provides services to, a person who has suffered or is suspected of having suffered a drug overdose shall report that fact and the information required by the Board pursuant to NRS 441A.120 to the Chief Medical Officer or his or her designee in the manner prescribed by the regulations of the Board.

 


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shall report that fact and the information required by the Board pursuant to NRS 441A.120 to the Chief Medical Officer or his or her designee in the manner prescribed by the regulations of the Board. The Chief Medical Officer or his or her designee shall upload that information to the database of the program established pursuant to NRS 453.162 if the program allows for the upload of such information.

      3.  A medical facility in which more than one provider of health care may know of, or provide services to, a person who has or is suspected of having a communicable disease or who has suffered or is suspected of having suffered a drug overdose shall establish administrative procedures to ensure that the health authority or Chief Medical Officer or his or her designee, as applicable, is notified.

      4.  A laboratory director shall, in the manner prescribed by the Board, notify the health authority of the identification by his or her medical laboratory of the presence of any communicable disease in the jurisdiction of that health authority. The health authority shall not presume a diagnosis of a communicable disease on the basis of the notification received from the laboratory director.

      5.  If more than one medical laboratory is involved in testing a specimen, the laboratory that is responsible for reporting the results of the testing directly to the provider of health care for the patient shall also be responsible for reporting to the health authority.

      Sec. 2. NRS 453.162 is hereby amended to read as follows:

      453.162  1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III, IV or V that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

      (a) Be designed to provide information regarding:

             (1) The inappropriate use by a patient of controlled substances listed in schedules II, III, IV or V to pharmacies, practitioners and appropriate state and local governmental agencies, including, without limitation, law enforcement agencies and occupational licensing boards, to prevent the improper or illegal use of those controlled substances; and

             (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Investigation Division, the Division of Public and Behavioral Health of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Investigation Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

      (d) Include the contact information of each person who is required to access the database of the program pursuant to subsection 7 of NRS 453.164, including, without limitation:

             (1) The name of the person;

             (2) The physical address of the person;

             (3) The telephone number of the person; and

             (4) If the person maintains an electronic mail address, the electronic mail address of the person.

 


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      (e) Include, for each prescription of a controlled substance listed in schedule II, III, IV or V:

             (1) The fewest number of days necessary to consume the quantity of the controlled substance dispensed to the patient if the patient consumes the maximum dose of the controlled substance authorized by the prescribing practitioner;

             (2) Each state in which the patient to whom the controlled substance was prescribed has previously resided or filled a prescription for a controlled substance listed in schedule II, III, IV or V; and

             (3) The code established in the International Classification of Diseases, Tenth Revision, Clinical Modification, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, or the code used in any successor classification system adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services, that corresponds to the diagnosis for which the controlled substance was prescribed.

      (f) To the extent that money is available, include:

             (1) A means by which a practitioner may designate in the database of the program that he or she suspects that a patient is seeking a prescription for a controlled substance for an improper or illegal purpose. If the Board reviews the designation and determines that such a designation is warranted, the Board shall inform pharmacies, practitioners and appropriate state agencies that the patient is seeking a prescription for a controlled substance for an improper or illegal purpose as described in subparagraph (1) of paragraph (a).

             (2) The ability to integrate the records of patients in the database of the program with the electronic health records of practitioners.

             (3) The ability for the Chief Medical Officer to upload information relating to drug overdoses which is required to be reported pursuant to NRS 441A.150.

      2.  The Board, the Division and each employee thereof are immune from civil and criminal liability for any action relating to the collection, maintenance and transmission of information pursuant to this section and NRS 453.163 to 453.1645, inclusive, if a good faith effort is made to comply with applicable laws and regulations.

      3.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      Sec. 3. NRS 453.1635 is hereby amended to read as follows:

      453.1635  1.  If a law enforcement [officer, while acting in his or her official capacity and in the regular course of an investigation:

      (a) Encounters a situation in which the law enforcement officer has probable cause to believe that] agency arrests a person for a violation of this chapter involving a prescription for a controlled substance [is occurring or has occurred; or

      (b) Receives] or receives a report of a stolen prescription for a controlled substance,

[Ê] the law enforcement [officer] agency shall [report to his or her employer the information required by subsection 3.] upload to the database such information as prescribed by regulation by the Board.

 


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      2.  [A coroner, medical examiner or deputy thereof who, as the result of an investigation into the cause of a death determines that a person died as the result of using a prescribed controlled substance, shall:

      (a) If the coroner, medical examiner or deputy thereof has access to the database of the computerized program developed pursuant to NRS 453.162, upload the information required by subsection 3 as soon as practicable; or

      (b) If the coroner, medical examiner or deputy thereof does not have access to the database of the computerized program developed pursuant to NRS 453.162, report the information to a coroner, medical examiner or deputy thereof who has such access.

      3.  A law enforcement officer or a coroner, medical examiner or deputy thereof who is required to report or upload, as applicable, information pursuant to subsection 1 or 2 shall report or upload, as applicable, the following information, to the extent such information is available and applicable:

      (a) The name of the person who:

             (1) Is believed to have violated this chapter;

             (2) Died as a result of using a prescribed controlled substance; or

             (3) Filed the report of a stolen prescription for a controlled substance.

      (b) The name of the person to whom the controlled substance involved in an event described in subsection 1 or 2 is or was prescribed.

      (c) If a prescription container for the controlled substance is found in the vicinity of the location of an event described in paragraph (a) of subsection 1 or subsection 2 or if a prescription for a controlled substance is reported stolen:

             (1) The name of the prescribing practitioner;

             (2) The prescription number; and

             (3) The name of the controlled substance as it appears on the prescription container or prescription order.

      4.  Except as otherwise provided in subsection 5, an employer of a law enforcement officer or a coroner, medical examiner or deputy thereof who receives a report pursuant to subsection 1 or 2 shall, as soon as practicable after receiving that report, upload to the database of the program established pursuant to NRS 453.162 notice of the occurrence of an event described in subsection 1 or 2, as applicable, and the information received pursuant to subsection 3. The employer of a] A law enforcement [officer or a coroner, medical examiner or deputy thereof] agency shall ensure that only a person who is authorized to access the database of the program pursuant to NRS 453.1645 or 453.165 uploads [such] information [.

      5.]pursuant to subsection 1.

      3.  If [an employer of] a law enforcement [officer] agency determines that uploading any information to the database of the program pursuant to subsection [4] 1 will interfere with an active criminal investigation, the [employer] agency may postpone uploading such information until after the conclusion of the investigation.

      [6.]4.  Each law enforcement [officer or employer of a law enforcement officer and each coroner, medical examiner and deputy] agency and each employee thereof who makes a good faith effort to comply with this section, or a regulation adopted pursuant thereto, is immune from civil and criminal liability for any act or omission relating to the transmission of information pursuant to this section.

 


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      [7.  As used in this section, “law enforcement officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.]

      Sec. 4. NRS 453.164 is hereby amended to read as follows:

      453.164  1.  [The] Except as otherwise provided in this subsection, the Board shall provide Internet access to the database of the program established pursuant to NRS 453.162 to an occupational licensing board that licenses any practitioner who is authorized to write prescriptions for human consumption of controlled substances listed in schedule II, III, IV or V. An occupational licensing board that is provided access to the database pursuant to this section may access the database to investigate a complaint, report or other information that indicates fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance. The Board may terminate the access of an occupational licensing board that accesses the database for any other purpose.

      2.  The Board and the Division must have access to the program established pursuant to NRS 453.162 to identify any suspected fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of controlled substances.

      3.  Except as otherwise provided in subsection 4, the Board or the Division shall report any activity it reasonably suspects may:

      (a) Indicate fraudulent, illegal, unauthorized or otherwise inappropriate activity related to the prescribing, dispensing or use of a controlled substance to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

      (b) Indicate the inappropriate use by a patient of a controlled substance to the occupational licensing board of each practitioner who has prescribed the controlled substance to the patient. [The] Except as otherwise provided in subsection 1, the occupational licensing board may access the database of the program established pursuant to NRS 453.162 to determine which practitioners are prescribing the controlled substance to the patient. The occupational licensing board may use this information for any purpose it deems necessary, including, without limitation, alerting a practitioner that a patient may be fraudulently obtaining a controlled substance or determining whether a practitioner is engaged in unlawful or unprofessional conduct.

      4.  The Board or Division may withhold any report required by subsection 3 if the Board determines that doing so is necessary to avoid interfering with any pending administrative or criminal investigation into the suspected fraudulent, illegal, unauthorized or otherwise inappropriate prescribing, dispensing or use of a controlled substance.

      5.  The Board and the Division shall cooperatively develop a course of training for persons who are required or authorized to receive access to the database of the program pursuant to subsection 7 or NRS 453.1645 and 453.165 and require each such person to complete the course of training before the person is provided with Internet access to the database.

      6.  Each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III, IV or V for human consumption shall complete the course of instruction described in subsection 5.

 


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instruction described in subsection 5. The Board shall provide Internet access to the database to each such practitioner or other person who completes the course of instruction.

      7.  Each practitioner who is authorized to write prescriptions for human consumption of controlled substances listed in schedule II, III, IV or V shall, to the extent the program allows, access the database of the program established pursuant to NRS 453.162 at least once each 6 months to:

      (a) Review the information concerning the practitioner that is listed in the database, including, without limitation, information concerning prescriptions issued by the practitioner, and notify the Board if any such information is not correct; and

      (b) Verify to the Board that he or she continues to have access to and has accessed the database as required by this subsection.

      8.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section and NRS 239.0115, 453.162 and 453.163, must not be disclosed to any person. That information must be disclosed:

      (a) Upon a request made on a notarized form prescribed by the Board by a person about whom the information requested concerns or upon such a request on behalf of that person by his or her attorney; or

      (b) Upon the lawful order of a court of competent jurisdiction.

      9.  If the Board, the Division or a law enforcement agency determines that the database of the program has been intentionally accessed by a person or for a purpose not authorized pursuant to NRS 453.162 to 453.165, inclusive, the Board, Division or law enforcement agency, as applicable, must notify any person whose information was accessed by an unauthorized person or for an unauthorized purpose.

      Sec. 5. NRS 453.1645 is hereby amended to read as follows:

      453.1645  1.  Except as otherwise provided in this section, the Board shall allow:

      (a) A coroner or medical examiner to have Internet access to the database of the computerized program developed pursuant to NRS 453.162 if the coroner or medical examiner has completed the course of training developed pursuant to subsection 5 of NRS 453.164.

      (b) A deputy of a coroner or medical examiner to have Internet access to the database of the computerized program developed pursuant to NRS 453.162 if:

             (1) The deputy has completed the course of training developed pursuant to subsection 5 of NRS 453.164; and

             (2) The coroner or medical examiner who employs the deputy has submitted the certification required pursuant to subsection 2 to the Board.

      2.  Before the deputy of a coroner or medical examiner may be given access to the database pursuant to subsection 1, the coroner or medical examiner who employs the deputy must certify to the Board that the deputy has been approved to have such access and meets the requirements of subsection 1. Such certification must be made on a form provided by the Board and renewed annually.

      3.  When a coroner, medical examiner or deputy thereof accesses the database of the computerized program pursuant to this section, the coroner, medical examiner or deputy thereof must enter a unique user name assigned to the coroner, medical examiner or deputy thereof and, if applicable, the case number corresponding to the investigation being conducted by the coroner, medical examiner or deputy thereof.

 


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      4.  A coroner, medical examiner or deputy thereof who has access to the database of the computerized program pursuant to subsection 1 may access the database only to [:

      (a) Investigate] investigate the death of a person . [; or

      (b) Upload information to the database pursuant to NRS 453.1635.]

      5.  The Board or the Division may suspend or terminate access to the database of the computerized program pursuant to this section if a coroner, medical examiner or deputy thereof violates any provision of this section.

      Sec. 6. NRS 453.236 is hereby amended to read as follows:

      453.236  1.  The Board may suspend or revoke a registration pursuant to NRS 453.231 to dispense a controlled substance upon a finding that the registrant has:

      (a) Furnished false or fraudulent material information in an application filed pursuant to NRS 453.011 to 453.552, inclusive;

      (b) Been convicted of a felony under a state or federal law relating to a controlled substance;

      (c) Had his or her federal registration to dispense controlled substances suspended or revoked and is no longer authorized by federal law to dispense those substances; [or]

      (d) Violated any provision of NRS 453.162 to 453.165, inclusive, or 639.23507; or

      (e) Committed an act that would render registration under NRS 453.231 inconsistent with the public interest as determined pursuant to that section.

      2.  The Board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

      3.  If a registration is suspended or revoked, the Board may place under seal all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. When a revocation becomes final, the court may order the controlled substances forfeited to the State.

      4.  The Board may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner permitted by the registration. The controlled substance must be held for the benefit of the registrant or the registrant’s successor in interest. The Board shall notify a registrant, or the registrant’s successor in interest, whose controlled substance is seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The Board may not dispose of a controlled substance seized or placed under seal under this subsection until the expiration of 180 days after the controlled substance was seized or placed under seal. The Board may recover costs it incurred in seizing, placing under seal, maintaining custody and disposing of any controlled substance under this subsection from the registrant, from any proceeds obtained from the disposition of the controlled substance, or from both. The Board shall pay to the registrant or the registrant’s successor in interest any balance of the proceeds of any disposition remaining after the costs have been recovered.

 


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ê2019 Statutes of Nevada, Page 173 (CHAPTER 31, AB 49)ê

 

      5.  The Board shall promptly notify the Drug Enforcement Administration and the Division of all orders suspending or revoking registration and the Division shall promptly notify the Drug Enforcement Administration and the Board of all forfeitures of controlled substances.

      6.  A registrant shall not employ as his or her agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacist’s certificate has been suspended or revoked.

      Sec. 7.  This act becomes effective:

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

      2.  On January 1, 2020, for all other purposes.

________

CHAPTER 32, AB 89

Assembly Bill No. 89–Committee on Government Affairs

 

CHAPTER 32

 

[Approved: May 14, 2019]

 

AN ACT relating to state employment; revising provisions governing the preferences provided to veterans relating to employment in the classified service of the State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes certain preferences for veterans relating to appointment and promotion to positions in the classified service of the Executive Department of the State Government. (NRS 284.260, 284.265) Existing law defines a veteran for the purposes of these preferences to mean a resident of this State who has certain military service and was separated from such service under conditions other than dishonorable. (NRS 284.015, 417.005) Section 1 of this bill removes the residency qualification, thereby making veterans who are not residents of Nevada eligible for the veterans’ preferences relating to employment in the classified service.

      Existing law requires the Administrator of the Division of Human Resource Management of the Department of Administration to submit to the Director of the Department of Veterans Services and make available to the public a monthly report which lists the names of all veterans and certain other persons who are employed in the classified or unclassified service of the State. (NRS 284.105) Because section 1 removes the residency qualification from the definition of the term “veteran,” section 1.5 requires the Administrator to report the names of such veterans who are residents of this State and veterans who do not reside in this State. Section 1.5 of this bill requires the report to state whether each veteran listed is a resident of this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

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

      2.  “Commission” means the Personnel Commission.

 


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ê2019 Statutes of Nevada, Page 174 (CHAPTER 32, AB 89)ê

 

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

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

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

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

      7.  “Veteran” [has the meaning ascribed to it in NRS 417.005.] means a person who:

      (a) Was regularly enlisted, drafted, inducted or commissioned in the:

             (1) Armed Forces of the United States and was accepted for and assigned to active duty in the Armed Forces of the United States;

             (2) National Guard or a reserve component of the Armed Forces of the United States and was accepted for and assigned to duty for a minimum of 6 continuous years; or

             (3) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States and served in the capacity of a commissioned officer while on active duty in defense of the United States; and

      (b) Was separated from such service under conditions other than dishonorable.

      8.  “Veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13843 and includes a veteran who is deemed to be a veteran with a service-connected disability pursuant to NRS 417.0187.

      Sec. 1.5. NRS 284.105 is hereby amended to read as follows:

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

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

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

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

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

      (d) Attend all meetings of the Commission.

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

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

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

 


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ê2019 Statutes of Nevada, Page 175 (CHAPTER 32, AB 89)ê

 

             (1) The class title of the position held.

             (2) The salary or pay.

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

             (4) Other pertinent data.

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

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

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

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

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

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

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

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

      Sec. 2.  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, 2019, for all other purposes.

________

 


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ê2019 Statutes of Nevada, Page 176ê

 

CHAPTER 33, AB 137

Assembly Bill No. 137–Assemblyman Watts

 

CHAPTER 33

 

[Approved: May 14, 2019]

 

AN ACT relating to elections; revising certain provisions related to establishing polling places within the boundaries of Indian reservations and Indian colonies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires, under certain circumstances, county and city clerks to establish at least one polling place for the day of a primary election, general election, primary city election or general city election, as applicable, within the boundaries of an Indian reservation or Indian colony at a location or locations approved by the Indian tribe upon the request of the Indian tribe. (NRS 293.2733, 293C.2675) Existing law also requires, under certain circumstances, county and city clerks to establish at least one temporary branch polling place for early voting within the boundaries of an Indian reservation or Indian colony upon the request of an Indian tribe. (NRS 293.3572, 293C.3572) Sections 10, 21, 42 and 48 of this bill provide that if a county or city clerk establishes a polling place for the day of an election or for early voting upon the request of an Indian tribe, the county or city clerk shall continue to establish such a polling place within the boundaries of the Indian reservation or Indian colony for future elections or early voting, unless otherwise requested by the Indian tribe.

 

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 1-9.  (Deleted by amendment.)

      Sec. 10. NRS 293.2733 is hereby amended to read as follows:

      293.2733  1.  If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment of a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary election or general election.

      2.  A request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony for the day of a primary election or general election:

      (a) Must be submitted to the county clerk by the Indian tribe on or before:

             (1) If the request is for a primary election, the first Friday in January of the year in which the primary election is to be held.

             (2) If the request is for a general election, the first Friday in July of the year in which the general election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling place. Any proposed location must satisfy the criteria the county clerk uses for the establishment of any other polling place.

      3.  Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 2, the county clerk must establish at least one polling place within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary election or general election.

 


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county clerk must establish at least one polling place within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary election or general election. The county clerk is not required to establish a polling place within the boundaries of an Indian reservation or Indian colony for the day of a primary election or general election if the county clerk established a temporary branch polling place for early voting pursuant to NRS 293.3572 within the boundaries of the Indian reservation or Indian colony for the same election.

      4.  If the county clerk establishes one or more polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 3 for the day of a primary election or general election, the county clerk must continue to establish one or more polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for the day of any future primary election or general election unless otherwise requested by the Indian tribe.

      Secs. 11-20. (Deleted by amendment.)

      Sec. 21. NRS 293.3572 is hereby amended to read as follows:

      293.3572  1.  In addition to permanent polling places for early voting, except as otherwise provided in subsection 3, the county clerk may establish temporary branch polling places for early voting which may include, without limitation, the clerk’s office pursuant to NRS 293.3561.

      2.  If an Indian reservation or Indian colony is located in whole or in part within a county, the Indian tribe may submit a request to the county clerk for the establishment of a temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony.

      3.  A request for the establishment of a temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony:

      (a) Must be submitted to the county clerk by the Indian tribe on or before:

             (1) If the request is for a primary election, the first Friday in January of the year in which the general election is to be held.

             (2) If the request is for a general election, the first Friday in July of the year in which the general election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the temporary branch polling place and proposed hours of operation thereof. Any proposed location must satisfy the criteria established by the county clerk for the selection of temporary branch polling places pursuant to NRS 293.3561.

      4.  Except as otherwise provided in this subsection, if the county clerk receives a request that satisfies the requirements set forth in subsection 3, the county clerk must establish at least one temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony. The location and hours of operation of such a temporary branch polling place for early voting must be approved by the Indian tribe. The county clerk is not required to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony if the county clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

      5.  If the county clerk establishes one or more temporary branch polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 4 for early voting, the county clerk must continue to establish one or more temporary branch polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for early voting in future elections unless otherwise requested by the Indian tribe.

 


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colony pursuant to subsection 4 for early voting, the county clerk must continue to establish one or more temporary branch polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for early voting in future elections unless otherwise requested by the Indian tribe.

      6.  The provisions of subsection 3 of NRS 293.3568 do not apply to a temporary branch polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the county clerk.

      [6.]7.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      [7.]8.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      Secs. 22-41. (Deleted by amendment.)

      Sec. 42. NRS 293C.2675 is hereby amended to read as follows:

      293C.2675  1.  If an Indian reservation or Indian colony is located in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment of a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election.

      2.  A request for the establishment of a polling place within the boundaries of an Indian reservation or Indian colony for the day of a primary city election or general city election:

      (a) Must be submitted to the city clerk by the Indian tribe on or before:

             (1) If the request is for a primary city election that is held:

                   (I) On the dates set forth for primary elections pursuant to the provisions of chapter 293 of NRS, the first Friday in January of the year in which the primary city election is to be held.

                   (II) On the dates set forth for primary city elections pursuant to the provisions of this chapter, the first Friday in December of the year immediately preceding the year in which the primary city election is to be held.

             (2) If the request is for a general city election that is held:

                   (I) On the dates set forth for general elections pursuant to the provisions of chapter 293 of NRS, the first Friday in July of the year in which the general city election is to be held.

                   (II) On the dates set forth for general city elections pursuant to the provisions of this chapter, the first Friday in January of the year in which the general city election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the polling place. Any proposed location for a polling place must satisfy the criteria the city clerk uses for the establishment of any other polling place.

      3.  Except as otherwise provided in this subsection, if the city clerk receives a request that satisfies the requirements set forth in subsection 2, the city clerk must establish at least one polling place within the boundaries of the Indian reservation or Indian colony at a location or locations, as applicable, approved by the Indian tribe for the day of a primary city election or general city election. The city clerk is not required to establish a polling place within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election if the city clerk established a temporary branch polling place for early voting pursuant to NRS 293C.3572 within the boundaries of the Indian reservation or Indian colony for the same election.

 


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place within the boundaries of the Indian reservation or Indian colony for the day of a primary city election or general city election if the city clerk established a temporary branch polling place for early voting pursuant to NRS 293C.3572 within the boundaries of the Indian reservation or Indian colony for the same election.

      4.  If the city clerk establishes one or more polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 3 for the day of a primary city election or general city election, the city clerk must continue to establish one or more polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for the day of any future primary city election or general city election unless otherwise requested by the Indian tribe.

      Secs. 43-47. (Deleted by amendment.)

      Sec. 48. NRS 293C.3572 is hereby amended to read as follows:

      293C.3572  1.  In addition to permanent polling places for early voting, except as otherwise provided in subsection 3, the city clerk may establish temporary branch polling places for early voting pursuant to NRS 293C.3561.

      2.  If an Indian reservation or Indian colony is located in whole or in part within a city, the Indian tribe may submit a request to the city clerk for the establishment of a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

      3.  A request for the establishment of a temporary branch polling place within the boundaries of an Indian reservation or Indian colony:

      (a) Must be submitted to the city clerk by the Indian tribe on or before:

             (1) If the request is for a primary city election that is held:

                   (I) On the dates set forth for primary elections pursuant to the provisions of chapter 293 of NRS, the first Friday in January of the year in which the primary city election is to be held.

                   (II) On the dates set forth for primary city elections pursuant to the provisions of this chapter, the first Friday in December of the year immediately preceding the year in which the primary city election is to be held.

             (2) If the request is for a general city election that is held:

                   (I) On the dates set forth for general elections pursuant to the provisions of chapter 293 of NRS, the first Friday in July of the year in which the general city election is to be held.

                   (II) On the dates set forth for general city elections pursuant to the provisions of this chapter, the first Friday in January of the year in which the general city election is to be held.

      (b) May include one or more proposed locations within the boundaries of the Indian reservation or Indian colony for the temporary branch polling place and proposed hours thereof. Any proposed location must satisfy the criteria established by the city clerk pursuant to NRS 293C.3561.

      4.  Except as otherwise provided in this subsection, if the city clerk receives a request that satisfies the requirements set forth in subsection 3, the city clerk must establish at least one temporary branch polling place for early voting within the boundaries of the Indian reservation or Indian colony. The location and hours of operation of such a temporary branch polling place for early voting must be approved by the Indian tribe. The city clerk is not required to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony if the city clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

 


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of the Indian reservation or Indian colony if the city clerk determines that it is not logistically feasible to establish a temporary branch polling place within the boundaries of the Indian reservation or Indian colony.

      5.  If the city clerk establishes one or more temporary branch polling places within the boundaries of an Indian reservation or Indian colony pursuant to subsection 4 for early voting, the city clerk must continue to establish one or more temporary branch polling places within the boundaries of the Indian reservation or Indian colony at a location or locations approved by the Indian tribe for early voting in future elections unless otherwise requested by the Indian tribe.

      6.  The provisions of subsection 3 of NRS 293C.3568 do not apply to a temporary branch polling place. Voting at a temporary branch polling place may be conducted on any one or more days and during any hours within the period for early voting by personal appearance, as determined by the city clerk.

      [6.]7.  The schedules for conducting voting are not required to be uniform among the temporary branch polling places.

      [7.]8.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a temporary branch polling place for early voting, except to the extent necessary to conduct early voting at that location.

      Secs. 49-57. (Deleted by amendment.)

      Sec. 58.  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.

________

CHAPTER 34, AB 177

Assembly Bill No. 177–Assemblyman Yeager

 

CHAPTER 34

 

[Approved: May 14, 2019]

 

AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to establish a program to allow for registration and renewal of registration of certain fleets of vehicles owned by short-term lessors; allowing certificates of registration and license plate decals to continue to be valid without replacement in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, applications for the registration of a vehicle must generally be made to the Department of Motor Vehicles in person, if practicable, and must be made upon an application form furnished by the Department. (NRS 482.215) Such registration is valid for a period of 12 consecutive months, except that the owner of a fleet of vehicles may register the fleet on the basis of a calendar year. (NRS 482.206) Upon registration and payment of all applicable registration and governmental services taxes, the Department issues a certificate of registration, which must be renewed upon the expiration of the registration period. (NRS 482.260, 482.280) Upon renewal the Department may issue one or more license plate stickers. (NRS 482.265)

      Section 1 of this bill requires the Department to establish a vehicle registration program which allows a short-term lessor to register and renew the registration of a fleet of vehicles. The Department is required to issue to a vehicle registered in such a manner a permanent certificate of registration and a permanent decal for the license plate, which remain valid for as long as the short-term lessor continues to renew the registration and maintain the vehicle in the fleet.

 


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manner a permanent certificate of registration and a permanent decal for the license plate, which remain valid for as long as the short-term lessor continues to renew the registration and maintain the vehicle in the fleet. The Department must provide electronic notification to the short-term lessor of the renewal requirements for each vehicle in the fleet. A short-term lessor that participates in the fleet registration program must pay the annual renewal fees and governmental services taxes required for each vehicle registered in this State, and must notify the Department if a vehicle is removed from the fleet. Sections 2-8 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The Department shall establish a vehicle registration program for short-term lessors that have a fleet of vehicles registered in this State to allow the short-term lessors which satisfy the requirements for eligibility established by the Department to submit to the Department:

      (a) Applications for initial registration of vehicles added to the fleet, which must include, without limitation, the information required by NRS 482.295.

      (b) Applications for the renewal of the registration of vehicles in the fleet, including, without limitation, the information required by NRS 482.295.

      (c) Payment of the registration fees and governmental services taxes due for the initial registration and renewal of vehicles in the fleet, including, without limitation, any sales or use tax due pursuant to NRS 482.225.

      2.  The Department shall issue for each vehicle in the fleet of a short-term lessor that is registered pursuant to this section a:

      (a) Certificate of registration; and

      (b) Decal indicating the registration status of the vehicle pursuant to the program, which must be affixed to the license plate of each vehicle.

      3.  A certificate of registration and decal issued pursuant to this section are valid for the vehicle until the vehicle is no longer a part of the fleet of the short-term lessor, unless the short-term lessor fails to renew the registration. The short-term lessor must not be required to display on the license plate of a vehicle registered pursuant to this section the month and year on which the registration expires.

      4.  The Department shall provide to a short-term lessor that participates in the program established pursuant to subsection 1 electronic notice of the required renewal of registration for a vehicle in the fleet, which must be sent at least 30 days before payment is due. Notification sent pursuant to this subsection must include the information required pursuant to subsection 3 of NRS 482.280 for other renewals.

      5.  A short-term lessor that participates in the program established pursuant to subsection 1 must:

      (a) Pay annually the renewal fees and governmental services taxes required for each fleet vehicle registered in this State.

      (b) Upon removing a vehicle from the fleet, notify the Department.

 


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      6.  Any vehicle having a declared gross weight in excess of 26,000 pounds is not eligible to be registered as part of a fleet pursuant to this section.

      7.  The Department shall adopt regulations necessary to carry out the provisions of this section. The regulations must include, without limitation, the number of vehicles that a short-term lessor must possess as part of the fleet to participate in the program.

      Sec. 2. NRS 482.206 is hereby amended to read as follows:

      482.206  1.  Except as otherwise provided in this section and NRS 482.2065 [,] and section 1 of this act, every motor vehicle, except for a motor vehicle that is registered pursuant to the provisions of NRS 706.801 to 706.861, inclusive, and except for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 or a moped registered pursuant to NRS 482.2155, must be registered for a period of 12 consecutive months beginning the day after the first registration by the owner in this State.

      2.  Except as otherwise provided in subsections 7 and 8 and NRS 482.2065, every vehicle registered by an agent of the Department or a registered dealer must be registered for 12 consecutive months beginning the first day of the month after the first registration by the owner in this State.

      3.  Except as otherwise provided in subsection 7 and NRS 482.2065 [,] and section 1 of this act, a vehicle which must be registered through the Motor Carrier Division of the Department, or a motor vehicle which has a declared gross weight in excess of 26,000 pounds, must be registered for a period of 12 consecutive months beginning on the date established by the Department by regulation.

      4.  Upon the application of the owner of a fleet of vehicles, the Director may permit the owner to register the fleet on the basis of a calendar year.

      5.  Except as otherwise provided in subsections 3, 6, 7 and 8, when the registration of any vehicle is transferred pursuant to NRS 482.399, the expiration date of each regular license plate, special license plate or substitute decal must, at the time of the transfer of registration, be advanced for a period of 12 consecutive months beginning:

      (a) The first day of the month after the transfer, if the vehicle is transferred by an agent of the Department; or

      (b) The day after the transfer in all other cases,

Ê and a credit on the portion of the fee for registration and the governmental services tax attributable to the remainder of the current period of registration must be allowed pursuant to the applicable provisions of NRS 482.399.

      6.  When the registration of any trailer that is registered for a 3-year period pursuant to NRS 482.2065 is transferred pursu