[Rev. 12/20/2019 4:53:10 PM]

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ê2019 Statutes of Nevada, Page 747ê

 

CHAPTER 138, AB 79

Assembly Bill No. 79–Committee on Taxation

 

CHAPTER 138

 

[Approved: May 25, 2019]

 

AN ACT relating to taxation; creating an expedited procedure for the sale by a county of abandoned property on which delinquent certain taxes, assessments, penalties, interest and costs are owed; establishing the criteria to determine whether property is abandoned; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that if delinquent property taxes and any associated interest, penalties and costs are not paid by 5 p.m. on the first Monday in June, the county treasurer, as tax receiver of the county, is required to make out a certificate, which authorizes the county treasurer to hold each property described in the certificate for a period of 2 years, unless a property is redeemed by the payment of the taxes, interest, penalties and costs which are due. (NRS 361.570) If a property described in the certificate is not redeemed within the 2-year period, the county treasurer is authorized to sell or otherwise dispose of the property after following certain procedures, including, without limitation, providing certain notice to the owner of the property. (NRS 361.585, 361.595, 361.603-361.608) This bill authorizes a county treasurer to use an expedited procedure for the sale of abandoned property on which delinquent taxes and associated interest, penalties and costs are owed.

      Section 1 of this bill establishes the procedure that the county treasurer, as tax receiver of the county, is required to use to determine whether a property is abandoned. Under section 1, if, after an investigation, the county treasurer determines that the property is abandoned, the county treasurer is required to notify the owner of the property of the determination and that the county treasurer is authorized to use an expedited procedure to sell the property if it is determined to be abandoned. If the owner does not respond to the notice within a certain period, the county treasurer is required to determine the property to be abandoned. If the owner, within a certain period, objects to the determination that the property is abandoned, the county treasurer is required to issue a decision on whether to uphold the initial determination that the property is abandoned. If the property is determined to be abandoned, the person who conducted the investigation of the property is required to execute and deliver to the clerk of the board of county commissioners an affidavit setting forth the conditions and circumstances on the property supporting that determination. Section 1 also sets forth the criteria to be used to determine whether property is abandoned.

      Sections 2, 3 and 5 of this bill establish the expedited procedure for the sale of abandoned property. Sections 2 and 3 provide that if property is determined to be abandoned pursuant to section 1, the certificate made out by the county treasurer, as tax receiver for the county, provides a 1-year redemption period rather than a 2-year redemption period. If the property that is determined to be abandoned pursuant to section 1 is not redeemed within the redemption period, section 5 requires the county treasurer to provide the owner of the property at least 45-days’ notice, rather than 90-days’ notice, of the sale of the property.

      Existing law provides that certain deeds conveying property on which property taxes and associated interest, penalties and costs are owed conclusively establish the facts authorizing the conveyance of the property and the regularity of the procedure for the conveyance, unless actual fraud has occurred. (NRS 361.590, 361.595) Sections 4 and 5 of this bill provide that if a county treasurer uses an expedited procedure for the sale of property on which property taxes and associated interest, penalties and costs are owed, the deeds conveying the property conclusively establish that the property was abandoned, unless actual fraud has occurred.

 


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ê2019 Statutes of Nevada, Page 748 (CHAPTER 138, AB 79)ê

 

      Under existing law, certain taxes and assessments are required to be enforced in the same manner as property taxes. (NRS 244.3661, 541.240) Sections 6 and 7 of this bill make a conforming change to authorize the expedited procedure to be used to enforce these taxes and assessments that are enforced in the same manner as property taxes.

 

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

      1.  The tax receiver of a county may elect to use an expedited procedure for the sale of a property on which delinquent taxes, penalties, interest and costs have not been paid if, after an investigation, the tax receiver:

      (a) Determines that the property is abandoned pursuant to the criteria set forth in subsection 6; and

      (b) Complies with the requirements of this section.

      2.  If a tax receiver of a county has a reasonable belief that property on which delinquent taxes, penalties, interest and costs have not been paid is abandoned, the tax receiver or his or her designee may inspect the property to determine whether it is abandoned in accordance with the criteria set forth in subsection 6. The tax receiver or his or her designee and any employee of the tax receiver or his or her designee may enter the property, but may not enter any dwelling or structure, to perform an inspection pursuant to this subsection, and the tax receiver, his or her designee and any employee of the tax receiver or his or her designee who enters a property pursuant to this subsection is not liable for any civil damages as a result of any act or omission on the property, not amounting to gross negligence, or for trespass.

      3.  If, after an inspection pursuant to subsection 2, the tax receiver determines that the property is abandoned in accordance with the criteria set forth in subsection 6, the tax receiver shall serve a notice by certified and first-class mail to the owner or owners of the property providing that unless the owner or owners of the real property contact the tax receiver within 30 days after service of the notice, the property will be determined to be abandoned and the tax receiver may seek an expedited procedure for the sale of the property. In addition to providing service by mail, the tax receiver shall cause the same notice to be published:

      (a) At least once in the newspaper which publishes the list of taxpayers pursuant to NRS 361.300 or, if there is no newspaper in the county, by posting the notice in at least five conspicuous places within the county;

      (b) On an Internet website that is maintained by the county treasurer or, if the county treasurer does not maintain an Internet website, on an Internet website maintained by the county; and

      (c) By posting the notice in a conspicuous place of the property.

      4.  If, within 30 days after service of the notice pursuant to subsection 3, a property owner:

      (a) Fails to respond to the notice, the tax receiver must determine the property to be abandoned.

 


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ê2019 Statutes of Nevada, Page 749 (CHAPTER 138, AB 79)ê

 

      (b) Submits a written objection to the determination of the tax receiver that the property is abandoned, the tax receiver must conduct a review of the property and issue a decision on whether to uphold the original determination that the property is abandoned. A person who is aggrieved by a determination of the tax receiver pursuant to this paragraph may, within 30 days after the person receives notice of the determination, commence an action for judicial review of the determination in district court for the county in which the property is located.

      5.  A tax receiver who elects to use an expedited procedure for the sale of property pursuant to this section must execute and deliver to the clerk of the board of county commissioners an affidavit setting forth the facts supporting the determination that the property is abandoned in accordance with the criteria set forth in subsection 6. The affidavit required by this subsection must:

      (a) Be signed and verified by the person who conducted the investigation to determine whether the property is abandoned;

      (b) State that, after investigation, the property was determined to be abandoned; and

      (c) State the conditions or circumstances supporting the determination that the property is abandoned.

      6.  For the purposes of this section, property is abandoned if at least two of the following conditions are found to exist by a preponderance of the evidence:

      (a) No person appears to be residing in the property at the time the property is inspected;

      (b) Utility service to the property, including, without limitation, gas, electric or water service, has been disconnected or delinquent for over 1 year;

      (c) Multiple windows on the property are boarded up or closed off or are smashed through, broken off or unhinged, or multiple window panes are broken and unrepaired;

      (d) Doors on the property are smashed through, broken off, unhinged or continuously unlocked;

      (e) The property has been stripped of copper or other materials, or interior fixtures to the property have been removed;

      (f) Law enforcement officials have received at least one report of trespassing or vandalism or other illegal acts being committed at the property within the immediately preceding 6 months;

      (g) If the property is residential real property, the residential real property has been declared unfit for occupancy and ordered to remain vacant and unoccupied under an order issued by a municipal or county authority or a court of competent jurisdiction;

      (h) The local police, fire or code enforcement authority has requested that the owner or any other interested or authorized party secure the property because the local authority has declared the property to be an imminent danger to the health, safety and welfare of the public;

      (i) The property is open and unprotected and in reasonable danger of significant damage resulting from exposure to the elements or vandalism; or

      (j) Other reasonable indicia of abandonment exist.

 


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ê2019 Statutes of Nevada, Page 750 (CHAPTER 138, AB 79)ê

 

      Sec. 2. NRS 361.5648 is hereby amended to read as follows:

      361.5648  1.  Within 30 days after the first Monday in March of each year, with respect to each property on which the tax is delinquent, the tax receiver of the county shall mail notice of the delinquency by first-class mail to:

      (a) The owner or owners of the property;

      (b) The person or persons listed as the taxpayer or taxpayers on the tax rolls, at their last known addresses, if the names and addresses are known;

      (c) Each holder of a recorded security interest if the holder has made a request in writing to the tax receiver for the notice, which identifies the secured property by the parcel number assigned to it in accordance with the provisions of NRS 361.189; and

      (d) Each assignee of a tax lien on the property, if the assignee has made a request in writing to the tax receiver for the notice described in paragraph (c).

      2.  The notice of delinquency must state:

      (a) The name of the owner of the property, if known.

      (b) The description of the property on which the taxes are a lien.

      (c) The amount of the taxes due on the property and the penalties and costs as provided by law.

      (d) That if the amount is not paid by or on behalf of the taxpayer or his or her successor in interest, the tax receiver will, at 5 p.m. on the first Monday in June of the current year, issue to the county treasurer, as trustee for the State and county, a certificate authorizing the county treasurer to hold the property, subject to redemption within 2 years , or within 1 year if the property is determined to be abandoned pursuant to section 1 of this act, after the date of the issuance of the certificate, by payment of the taxes and accruing taxes, penalties and costs, together with interest on the taxes at the rate of 10 percent per annum, assessed monthly, from the date due until paid as provided by law, except as otherwise provided in NRS 360.232 and 360.320, and that redemption may be made in accordance with the provisions of chapter 21 of NRS in regard to real property sold under execution.

      3.  Within 30 days after mailing the original notice of delinquency, the tax receiver shall issue his or her personal affidavit to the board of county commissioners affirming that due notice has been mailed with respect to each parcel. The affidavit must recite the number of letters mailed, the number of letters returned and the number of letters finally determined to be undeliverable. Until the period of redemption has expired, the tax receiver shall maintain detailed records which contain such information as the Department may prescribe in support of the affidavit.

      4.  A second copy of the notice of delinquency must be sent by certified mail, not less than 60 days before the expiration of the period of redemption as stated in the notice.

      5.  The cost of each mailing must be charged to the delinquent taxpayer.

      6.  A county and its officers and employees are not liable for any damages resulting from failure to provide actual notice pursuant to this section if the county, officer or employee, in determining the names and addresses of persons with an interest in the property, relies upon a preliminary title search from a company authorized to provide title insurance in this State.

 


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      Sec. 3. NRS 361.570 is hereby amended to read as follows:

      361.570  1.  Pursuant to the notice given as provided in NRS 361.5648 and 361.565 and at the time stated in the notice, the tax receiver shall make out a certificate that describes each property on which delinquent taxes, penalties, interest and costs have not been paid. [The] Except as otherwise provided in this subsection, the certificate authorizes the county treasurer, as trustee for the State and county, to hold each property described in the certificate for the period of 2 years after the first Monday in June of the year the certificate is dated, unless sooner redeemed. For each property described in the certificate that has been determined to be abandoned pursuant to section 1 of this act, the certificate authorizes the county treasurer, as trustee for the State and county, to hold the property for the period of 1 year after the first Monday in June of the year the certificate is dated, unless sooner redeemed.

      2.  The certificate must specify:

      (a) The amount of delinquency on each property, including the amount and year of assessment;

      (b) The taxes, and the penalties and costs added thereto, on each property, and that, except as otherwise provided in NRS 360.232 and 360.320, interest on the taxes will be added at the rate of 10 percent per annum, assessed monthly, from the date due until paid; and

      (c) The name of the owner or taxpayer of each property, if known.

      3.  The certificate must state:

      (a) [That] For each property described in the certificate that has not been determined to be abandoned pursuant to section 1 of this act, that each such property [described in the certificate] may be redeemed within 2 years after the date of the certificate;

      (b) For each property described in the certificate that has been determined to be abandoned pursuant to section 1 of this act, that each such property may be redeemed within 1 year after the date of the certificate;

      (c) That the title to each property not redeemed vests in the county for the benefit of the State and county; and

      [(c)](d) That a tax lien may be assigned against the parcel pursuant to the provisions of NRS 361.7303 to 361.733, inclusive.

      4.  Until the expiration of the period of redemption, each property held pursuant to the certificate must be assessed annually to the county treasurer as trustee. Before the owner or his or her successor redeems the property, he or she must also pay the county treasurer holding the certificate any additional taxes, penalties and costs assessed and accrued against the property after the date of the certificate, together with interest on the taxes at the rate of 10 percent per annum, assessed monthly, from the date due until paid, unless otherwise provided in NRS 360.232 and 360.320.

      5.  A county treasurer shall take a certificate issued to him or her pursuant to this section. The county treasurer may cause the certificate to be recorded in the office of the county recorder against each property described in the certificate to provide constructive notice of the amount of delinquent taxes on each property respectively. The certificate reflects the amount of delinquent taxes, penalties, interest and costs due on the properties described in the certificate on the date on which the certificate was recorded, and the certificate need not be amended subsequently to indicate additional taxes, penalties, interest and costs assessed and accrued or the repayment of any of those delinquent amounts.

 


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ê2019 Statutes of Nevada, Page 752 (CHAPTER 138, AB 79)ê

 

those delinquent amounts. The recording of the certificate does not affect the statutory lien for taxes provided in NRS 361.450.

      Sec. 4. NRS 361.590 is hereby amended to read as follows:

      361.590  1.  If a property described in a certificate is not redeemed within the time allowed by law for its redemption, the tax receiver or his or her successor in office shall make to the county treasurer as trustee for the State and county a deed of the property, reciting in the deed substantially the matters contained in the certificate of sale or, in the case of a conveyance under NRS 361.604, the order of the board of county commissioners, and that no person has redeemed the property during the time allowed for its redemption.

      2.  The deed must be recorded in the office of the county recorder within 30 days after the date of expiration of the period of redemption.

      3.  All such deeds are, except as against actual fraud, conclusive evidence that:

      (a) The property was assessed as required by law.

      (b) The property was equalized as required by law.

      (c) The taxes were levied in accordance with law.

      (d) The taxes were not paid.

      (e) At a proper time and place a certificate of delinquency was filed as prescribed by law, and by the proper officer.

      (f) If, pursuant to section 1 of this act, the tax receiver has elected to use an expedited procedure for the sale of the property, the property was abandoned.

      (g) The property was not redeemed.

      [(g)](h) The person who executed the deed was the proper officer.

      4.  Such deeds are, except as against actual fraud, conclusive evidence of the regularity of all other proceedings, from the assessment by the county assessor to the execution of the deed.

      5.  Except as otherwise provided by specific statute, the deed conveys to the county treasurer as trustee for the State and county the property described therein, free of all encumbrances, except any easements of record for public utility purposes, any lien for taxes or assessments by any irrigation or other district for irrigation or other district purposes, and any interest and penalties on the property, except when the land is owned by the United States or this State, in which case it is prima facie evidence of the right of possession accrued as of the date of the deed to the purchaser, but without prejudice to the lien for other taxes or assessments or the claim of any such district for interest or penalties.

      6.  No tax assessed upon any property, or sale therefor, may be held invalid by any court of this State on account of:

      (a) Any irregularity in any assessment;

      (b) Any assessment or tax roll not having been made or proceeding had within the time required by law; or

      (c) Any other irregularity, informality, omission, mistake or want of any matter of form or substance in any proceedings which the Legislature might have dispensed with in the first place if it had seen fit so to do, and that does not affect the substantial property rights of persons whose property is taxed.

Ê All such proceedings in assessing and levying taxes, and in the sale and conveyance therefor, must be presumed by all the courts of this State to be legal until the contrary is shown affirmatively.

 


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ê2019 Statutes of Nevada, Page 753 (CHAPTER 138, AB 79)ê

 

      Sec. 5. NRS 361.595 is hereby amended to read as follows:

      361.595  1.  Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this chapter may be sold and conveyed in the manner prescribed in this section and in NRS 361.603 or conveyed without sale as provided in NRS 361.604.

      2.  If the property is to be sold, the board of county commissioners may make an order, to be entered on the record of its proceedings, directing the county treasurer to sell the property particularly described therein, after giving notice of sale, for a total amount not less than the amount of the taxes, costs, penalties and interest legally chargeable against the property as stated in the order.

      3.  [Notice] Except as otherwise provided in subsection 4, notice of the sale must specify the day, time and place of the sale and be:

      (a) Posted in at least three public places in the county, including one at the courthouse and one on the property, not less than 20 days before the day of sale or, in lieu of such a posting, by publication of the notice at least once a week for 4 consecutive weeks by four weekly insertions in some newspaper published within the county, the first publication being at least 22 days before the day of the sale, if the board of county commissioners so directs.

      (b) Mailed by certified mail, return receipt requested, not less than 90 days before the day of the sale, to the owner of the parcel as shown on the tax roll and to any person or governmental entity that appears in the records of the county to have a lien or other interest in the property. If the receipt is returned unsigned, the county treasurer must make a reasonable attempt to locate and notify the owner or other person or governmental entity before the sale.

      4.  If, pursuant to section 1 of this act, the tax receiver has elected to use an expedited procedure for the sale of the property and the requirements of section 1 of this act were met, notice of the sale must specify the day, time and place of the sale and be:

      (a) Posted in at least three public places in the county, including one at the courthouse and one on the property, not less than 20 days before the day of sale or, in lieu of such a posting, by publication of the notice at least once a week for 4 consecutive weeks by four weekly insertions in some newspaper published within the county, the first publication being at least 22 days before the day of the sale, if the board of county commissioners so directs.

      (b) Mailed by certified mail, return receipt requested, not less than 45 days before the day of the sale, to the owner of the parcel as shown on the tax roll and to any person or governmental entity that appears in the records of the county to have a lien or other interest in the property. If the receipt is returned unsigned, the county treasurer must make a reasonable attempt to locate and notify the owner or other person or governmental entity before the sale.

      5.  Except as otherwise provided in subsection [5,] 6, the county treasurer shall make, execute and deliver to any purchaser, upon payment to the county treasurer, as trustee, of a consideration not less than that specified in the order, a quitclaim deed, discharged of any trust of the property mentioned in the order.

 


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ê2019 Statutes of Nevada, Page 754 (CHAPTER 138, AB 79)ê

 

      [5.]6.  If, not later than 5 p.m. on the third business day immediately preceding the day of the sale by the county treasurer, a municipality provides the county treasurer with an affidavit signed by the treasurer of the municipality stating that:

      (a) The municipality sold the property or the property was stricken off to the municipality pursuant to NRS 271.560; and

      (b) A certificate of sale for the property was issued to the purchaser pursuant to NRS 271.570 or to the municipality pursuant to NRS 271.560,

Ê the county treasurer may not issue the quitclaim deed described in subsection [4] 5 unless the person who purchased the property from the county pays to the municipality any amount owed pursuant to the certificate of sale issued pursuant to NRS 271.560 and 271.570 and the municipality provides an affidavit signed by the treasurer of the municipality stating that such amounts have been paid. If the purchaser does not pay the amount owed to the municipality within 20 days after the sale of the property by the county, the sale of the property by the county is void and the county treasurer may retain for administrative costs not more than 10 percent of the purchase amount paid by the purchaser.

      [6.]7.  Before delivering a deed, the county treasurer shall record the deed at the expense of the purchaser.

      [7.]8.  All deeds issued pursuant to this section, whether issued before, on or after July 1, 1955, are primary evidence:

      (a) Of the regularity of all proceedings relating to the order of the board of county commissioners, the notice of sale and the sale of the property; [and]

      (b) That if, pursuant to section 1 of this act, the tax receiver has elected to use an expedited procedure for the sale of the property, the property is abandoned; and

      (c) That, if the real property was sold to pay taxes on personal property, the real property belonged to the person liable to pay the tax.

      [8.]9.  No deed may be executed and delivered by the county treasurer until he or she files at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of the notice of sale, as the case may be, together with his or her return of sale, verified, showing compliance with the order of the board of county commissioners, which constitutes primary evidence of the facts recited therein.

      [9.]10.  If the deed when regularly issued is not recorded in the office of the county recorder, the deed, and all proceedings relating thereto, is void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his or her own conveyance is first recorded.

      [10.]11.  The board of county commissioners shall provide its clerk with a record book in which must be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the board of county commissioners where the order of sale is recorded, and the file number of the affidavits and return.

      Sec. 6. NRS 244.3661 is hereby amended to read as follows:

      244.3661  1.  Except as otherwise provided in NRS 704.664, a board of county commissioners may, by ordinance, impose an excise tax on the use of water in an amount sufficient to ensure the payment, wholly or in part, of obligations incurred by the county to acquire and construct a new facility for the treatment of water for public or private use, or both.

 


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ê2019 Statutes of Nevada, Page 755 (CHAPTER 138, AB 79)ê

 

obligations incurred by the county to acquire and construct a new facility for the treatment of water for public or private use, or both. The tax must be imposed on customers of suppliers of water that are capable of using the water treatment services provided by the facility to be financed with the proceeds of the tax.

      2.  An excise tax imposed pursuant to subsection 1 may be levied at different rates for different classes of customers or to take into account differences in the amount of water used or estimated to be used or the size of the connection.

      3.  The ordinance imposing the tax must provide the:

      (a) Rate or rates of the tax;

      (b) Procedure for collection of the tax;

      (c) Duration of the tax; and

      (d) Rate of interest that will be charged on late payments.

      4.  Late payments of the tax must bear interest at a rate not exceeding 2 percent per month, or fraction thereof. The tax due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and any interest which may accrue thereon are paid. The county shall enforce the lien in the same manner as provided in NRS 361.5648 to 361.730, inclusive, and section 1 of this act for property taxes.

      5.  A county may:

      (a) Acquire and construct a new facility for the treatment of water for public or private use, or both.

      (b) Finance the project by the issuance of general obligation bonds, medium-term obligations or revenue bonds or other securities issued pursuant to chapter 350 of NRS, or by installment-purchase financing pursuant to that chapter.

      (c) Enter into an agreement with a public utility which provides that:

             (1) Water treatment services provided by the facility will be made available to the public utility; or

             (2) The public utility will operate and maintain the facility,

Ê or both. An agreement entered into pursuant to this paragraph may extend beyond the terms of office of the members of the board of county commissioners who voted upon it.

      6.  A county may pledge any money received from the proceeds of a tax imposed pursuant to this section for the payment of general or special obligations issued for a new facility for the treatment of water for public or private use, or both. Any money pledged by the county pursuant to this subsection may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      7.  As used in this section, “public utility” has the meaning ascribed to it in NRS 704.020 and does not include the persons excluded by NRS 704.021.

      Sec. 7. NRS 541.240 is hereby amended to read as follows:

      541.240  If the taxes and assessments levied are not paid as provided in NRS 541.230, then the real property, if not redeemed within the time allowed by law, must be sold and conveyed for the payment of taxes, assessments, interest and penalties in the manner provided in NRS 361.5648 to 361.730, inclusive, and section 1 of this act for the sale of real property after default in payment of general taxes.

      Sec. 8.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 756ê

 

CHAPTER 139, AB 83

Assembly Bill No. 83–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 139

 

[Approved: May 25, 2019]

 

AN ACT relating to wildlife; authorizing an employee of the Department of Wildlife to take any wildlife in the interest of public safety under certain circumstances; authorizing the Department to expend money from the Wildlife Heritage Account; providing certain protections to moose under certain circumstances; limiting a certain exemption that allowed a person to kill certain animals if necessary to protect property; revising provisions governing the issuance of a resident license, tag or permit; deleting the requirement that a person purchase a resource enhancement stamp to be eligible to participate in a Dream Tag raffle; authorizing a person to donate money voluntarily to the Wildlife Account in the State General Fund by purchasing a resource enhancement stamp; expanding the circumstances considered unlawful harassment of wildlife; clarifying the exemption from the prohibition against placing or setting a trap, snare or similar device within a certain distance from a public road or highway within this State; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes an employee of the Department of Wildlife to take any wildlife, except on private property without lawful authority, for any purpose determined by the Director of the Department to be in the interest of conserving wildlife in this State, if the taking of the wildlife complies with certain federal requirements. (NRS 501.3525) Section 1 of this bill expands that authority to allow an employee of the Department to take any wildlife for any purpose determined by the Director to be in the interest of public safety.

      Existing law creates the Wildlife Heritage Account in the State General Fund and requires the Department of Wildlife to use the money in the Account for: (1) the protection, propagation, restoration, transplantation, introduction and management of wildlife; and (2) the management and control of predatory wildlife in this State. The Department may annually expend from the Account not more than 75 percent of the money deposited in the Account during the previous year and the total amount of interest earned on the money in the Account during that year. (NRS 501.3575) Section 1.5 of this bill authorizes the Department, at any time, to expend from the Account any amount of money in the Account which exceeds $5,000,000.

      Existing law prohibits a person from intentionally killing or aiding and abetting another person in killing a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear in certain ways, during certain times or without a tag. A person who violates that prohibition is subject to punishment for a category E felony or a gross misdemeanor, as determined by the sentencing court. (NRS 501.376) Sections 2 and 4 of this bill add moose to the list of animals to which that prohibition applies. Existing law provides an exemption from the prohibition for killing such an animal when necessary to protect the property of a person who is in imminent danger of being attacked by the animal. Section 2 limits that exemption to circumstances under which the killing of the animal is necessary to protect the life of any livestock or pet which is in imminent danger of being attacked by the animal. Section 2 leaves the exemption that applies when the killing of the animal is necessary to protect the life of a person.

 


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ê2019 Statutes of Nevada, Page 757 (CHAPTER 139, AB 83)ê

 

      Existing law establishes the requirements for when a person is considered a resident of this State for the purpose of obtaining resident licenses, tags or permits. (NRS 502.015) Section 5 of this bill revises the requirements to provide that the person must not have purchased or applied for any hunting, fishing or trapping privilege or entitlement conditional upon residency from another state, country or province.

      Existing law establishes a program for the issuance of additional big game tags by raffle each year known as “Dream Tags.” To be eligible to participate in a Dream Tag raffle, a person is required to purchase a resource enhancement stamp for a fee of $10. Any fee received from the sale of a resource enhancement stamp must be deposited in the Wildlife Account in the State General Fund and used only for the protection, propagation and management of wildlife. (NRS 501.356, 502.219, 502.222) Sections 6 and 7 of this bill delete the requirement for a person to purchase a resource enhancement stamp in order to participate in a Dream Tag raffle. Instead, section 7 authorizes a person to donate money voluntarily to the Wildlife Account by purchasing a resource enhancement stamp.

      Under existing law, it is unlawful to harass any game mammals or game birds with an aircraft, helicopter or motor-driven vehicle, including a motor boat or sailboat. (NRS 503.010) Section 8 of this bill instead makes it unlawful to engage in such harassment by any means and adds to the examples harassment with a firearm, horse or noisemaker. Section 8 further clarifies that harassment through the use of a manned or unmanned aircraft is unlawful. Sections 2, 3 and 8 of this bill make conforming changes.

      Under existing law, it is unlawful for any person, company or corporation to place or set any trap, snare or similar device within 200 feet of any public road or highway within this State. (NRS 503.580) Existing law also: (1) specifies that the term “person” does not include a government, governmental agency or political subdivision of a government; and (2) authorizes an employee of the Department of Wildlife to take any wildlife, except on private property without lawful authority, for any purpose determined by the Director of the Department to be in the interest of conserving wildlife in this State. (NRS 0.039, 501.3525) Section 9 of this bill clarifies that the prohibition against placing or setting a trap, snare or similar device within 200 feet of any public road or highway within this State does not apply to an employee or agent of the Department.

 

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 501.3525 is hereby amended to read as follows:

      501.3525  An employee of the Department may take any wildlife from any place, except private property without lawful authority, and in any manner for any purpose determined by the Director to be in the interest of public safety or conserving wildlife in this State if the taking of the wildlife complies with the requirements established by the United States Fish and Wildlife Service or any other agency of the Federal Government.

      Sec. 1.5. NRS 501.3575 is hereby amended to read as follows:

      501.3575  1.  The Wildlife Heritage Account is hereby created in the State General Fund. The money in the Account must be used by the Department as provided in this section for:

      (a) The protection, propagation, restoration, transplantation, introduction and management of any game fish, game mammal, game bird or fur-bearing mammal in this State; and

      (b) The management and control of predatory wildlife in this State.

 


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      2.  Except as otherwise provided in NRS 502.250, money received by the Department from:

      (a) A bid, auction, Silver State Tag Drawing or Partnership in Wildlife Drawing conducted pursuant to NRS 502.250; and

      (b) A gift of money made by any person to the Wildlife Heritage Account,

Ê must be deposited with the State Treasurer for credit to the Account.

      3.  The interest and income earned on the money in the Wildlife Heritage Account, after deducting any applicable charges, must be credited to the Account.

      4.  [The] Except as otherwise provided in this subsection, the Department may annually expend from the Wildlife Heritage Account an amount of money not greater than 75 percent of the money deposited in the Account pursuant to subsection 2 during the previous year and the total amount of interest earned on the money in the Account during the previous year. In addition, the Department may, at any time, expend from the Account any portion of the amount of money in the Account which exceeds $5,000,000. The Commission shall review and approve expenditures from the Account. No money may be expended from the Account without the prior approval of the Commission.

      5.  The Commission shall administer the provisions of this section and may adopt any regulations necessary for that purpose.

      Sec. 2. NRS 501.376 is hereby amended to read as follows:

      501.376  1.  Except as otherwise provided in this section, a person shall not intentionally kill or aid and abet another person to kill a bighorn sheep, mountain goat, elk, deer, moose, pronghorn antelope, mountain lion or black bear:

      (a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;

      (b) Through the use of [an] a manned or unmanned aircraft or helicopter in violation of NRS 503.010;

      (c) By a method other than the method prescribed on the tag issued by the Department for hunting that animal;

      (d) Knowingly during a time other than:

             (1) The time of day set by the Commission for hunting that animal pursuant to NRS 503.140; or

             (2) If the Commission has not set such a time, between sunrise and sunset as determined pursuant to that section; or

      (e) Without a valid tag issued by the Department for hunting that animal. A tag issued for hunting any animal specified in this subsection is not valid if knowingly used by a person:

             (1) Except as otherwise provided by the regulations adopted by the Commission pursuant to subsection 9 of NRS 501.181, other than the person specified on the tag;

             (2) Outside of the management area or other area specified on the tag; or

             (3) If the tag was obtained by a false or fraudulent representation.

      2.  The provisions of subsection 1 do not prohibit the killing of an animal specified in subsection 1 if:

      (a) The killing of the animal is necessary to protect the life [or property] of any person , pet or livestock in imminent danger of being attacked by the animal; or

 


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      (b) The animal killed was not the intended target of the person who killed the animal and the killing of the animal which was the intended target would not violate the provisions of subsection 1.

      3.  A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor. In determining whether to reduce the penalty, the court shall consider:

      (a) The nature of the offense;

      (b) The circumstances surrounding the offense;

      (c) The defendant’s understanding and appreciation of the gravity of the offense;

      (d) The attitude of the defendant towards the offense; and

      (e) The general objectives of sentencing.

      4.  A person shall not willfully possess any animal specified in subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.

      5.  A person who violates the provisions of subsection 4 is guilty of a gross misdemeanor.

      6.  As used in this section:

      (a) “Livestock” has the meaning ascribed to it in NRS 561.025.

      (b) “Pet” has the meaning ascribed to it in NRS 202.487.

      Sec. 3. NRS 501.3857 is hereby amended to read as follows:

      501.3857  Any gun, ammunition, trap, snare, vessel, vehicle, aircraft or other device or equipment used, or intended for use:

      1.  To facilitate the unlawful and intentional killing or possession of any big game mammal;

      2.  To hunt or kill a big game mammal by using information obtained as a result of the commission of an act prohibited by NRS 503.010 or a regulation of the Commission which prohibits the location of big game mammals for the purpose of hunting or killing by the use of:

      (a) [An] A manned or unmanned aircraft, including, without limitation, any device that is used for navigation of, or flight in, the air;

      (b) A hot air balloon or any other device that is lighter than air; or

      (c) A satellite or any other device that orbits the earth and is equipped to produce images, or other similar devices; or

      3.  Knowingly to transport, sell, receive, acquire or purchase any big game mammal which is unlawfully killed or possessed,

Ê is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive.

      Sec. 4. NRS 501.388 is hereby amended to read as follows:

      501.388  1.  The Commission may, in addition to any suspension, revocation or other penalty imposed pursuant to any other provision of this title:

      (a) Revoke any license of any person who is convicted of a violation of NRS 503.050, and may refuse to issue any new license to the convicted person for any period not to exceed 5 years after the date of the conviction; and

      (b) Revoke any license of any person who is convicted of unlawfully killing or possessing a bighorn sheep, mountain goat, elk, deer, moose, pronghorn antelope, mountain lion or black bear in violation of NRS 501.376, and may:

             (1) Refuse to issue any new license to the convicted person for any period not to exceed 3 years; and

 


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ê2019 Statutes of Nevada, Page 760 (CHAPTER 139, AB 83)ê

 

             (2) Revoke that person’s privilege to apply for any big game tag for a period not to exceed 10 years.

      2.  The court in which the conviction is had shall require the immediate surrender of all such licenses and shall forward them to the Commission.

      Sec. 5. NRS 502.015 is hereby amended to read as follows:

      502.015  1.  For the purpose of issuing and using resident licenses, tags or permits pursuant to this chapter, a person is considered to be a resident of the State of Nevada if:

      (a) The person is a citizen of, or is lawfully entitled to remain in, the United States; and

      (b) During the 6 months next preceding the person’s application to the Department for a license, tag or permit, the person:

             (1) Maintained his or her principal and permanent residence in this State;

             (2) Was physically present in this State, except for temporary absences; and

             (3) Did not purchase or apply for any [resident license, tag or permit to hunt, fish or trap in] hunting, fishing or trapping privilege or entitlement conditional upon residency from another state, country or province.

      2.  A person who does not maintain his or her principal and permanent residence in Nevada but who is attending an institution of higher learning in this State as a full-time student is eligible for a resident license, tag or permit if, during the 6 months next preceding the person’s application to the Department for a license, tag or permit, the person:

      (a) Was physically present in Nevada, except for temporary trips outside of the State; and

      (b) Did not purchase or apply for any [resident license, tag or permit to hunt, fish or trap in] hunting, fishing or trapping privilege or entitlement conditional upon residency from another state, country or province.

      3.  A resident license, tag or permit issued by this State is void if the person to whom it was issued establishes or maintains his or her principal and permanent residence in and obtains any hunting, fishing or trapping privilege or entitlement conditional on residency from another state, country or province.

      4.  As used in this section, “principal and permanent residence” means a place where a person is legally domiciled and maintains a permanent habitation in which the person lives and to which the person intends to return when he or she leaves the state in which the permanent habitation is located. The term does not include merely owning a residence in a state.

      Sec. 6. NRS 502.219 is hereby amended to read as follows:

      502.219  1.  A program is hereby established for the issuance of additional big game tags each year to be known as “Dream Tags.” The program must provide:

      (a) For the issuance of Dream Tags to either a resident or nonresident of this State;

      (b) For the issuance of one Dream Tag for each species of big game for which 50 or more tags were available under the quota established for the species by the Commission during the previous year; and

      (c) For the sale of Dream Tags to a nonprofit organization pursuant to this section.

 


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      2.  The Department shall administer the program and shall take such actions as the Department determines are necessary to carry out the provisions of this section and NRS 502.222 and 502.225.

      3.  A nonprofit organization established through the Community Foundation of Western Nevada which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose the preservation, protection, management or restoration of wildlife and its habitat may purchase such Dream Tags from the Department, at prices established by the Department, subject to the following conditions:

      (a) The nonprofit organization must agree to award the Dream Tags by raffle, with unlimited chances to be sold for $5 each . [to persons who purchase a resource enhancement stamp pursuant to NRS 502.222.]

      (b) The nonprofit organization must agree to enter into a contract with a private entity that is approved by the Department which requires that the private entity agree to act as the agent of the nonprofit organization to sell chances to win Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags. For the purposes of this paragraph, a private entity that has entered into a contract with the Department pursuant to NRS 502.175 to conduct a drawing and to award and issue tags or permits as established by the Commission shall be deemed to be approved by the Department.

      (c) All money received by the nonprofit organization from the proceeds of the Dream Tag raffle, less the cost of the Dream Tags purchased by the nonprofit organization and any administrative costs charged by the Community Foundation of Western Nevada, must be used for the preservation, protection, management or restoration of game and its habitat, as determined by the Advisory Board on Dream Tags created by NRS 502.225.

      4.  All money received by the Department for Dream Tags pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

      5.  The nonprofit organization shall, on or before February 1 of each year, report to the Department and the Interim Finance Committee concerning the Dream Tag program, including, without limitation:

      (a) The number of Dream Tags issued during the immediately preceding calendar year;

      (b) The total amount of money paid to the Department for Dream Tags during the immediately preceding calendar year;

      (c) The total amount of money received by the nonprofit organization from the proceeds of the Dream Tag raffle, the amount of such money expended by the nonprofit organization and a description of each project for which the money was spent; and

      (d) Any recommendations concerning the program or necessary legislation.

      6.  As used in this section, “big game tag” means a tag permitting a person to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.

      Sec. 7. NRS 502.222 is hereby amended to read as follows:

      502.222  1.  [To be eligible to participate in the Dream Tag raffle, a] Any person [must purchase] may voluntarily donate money to the Wildlife Account in the State General Fund by purchasing a resource enhancement stamp.

      2.  Resource enhancement stamps must be sold for a fee of $10 each by the Department and by persons authorized by the Department to sell the stamps.

 


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ê2019 Statutes of Nevada, Page 762 (CHAPTER 139, AB 83)ê

 

stamps. All money received by the Department for resource enhancement stamps pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

      3.  The Department shall determine the form of the stamps.

      Sec. 8. NRS 503.010 is hereby amended to read as follows:

      503.010  1.  Except as otherwise provided in this section or subsection 2 of NRS 503.005, it is unlawful to harass any game mammals or game birds by any means, including, without limitation, with [an] a manned or unmanned aircraft, firearm, helicopter [or] , horse, motorboat, motor-driven vehicle [, including a motorboat] , noisemaker or sailboat.

      2.  Except as otherwise provided in this subsection, it is unlawful to shoot at any game mammals or game birds with a weapon from [an] a manned or unmanned aircraft, helicopter or motor-driven vehicle. A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes the person’s walking may shoot from a stopped motor vehicle which is not parked on the traveled portion of a public highway, but the person may not shoot from, over or across a highway or road specified in NRS 503.175.

      3.  It is unlawful to spot or locate game mammals or game birds with any kind of manned or unmanned aircraft or helicopter and communicate that information, within 24 hours after the aircraft or helicopter has landed or in violation of a regulation of the Commission, by any means to a person on the ground for the purpose of hunting or trapping. The provisions of this subsection do not prohibit an employee or agent of the Department from providing general information to the public concerning the location of game birds or game mammals.

      4.  It is unlawful to use any information obtained in violation of the provisions of subsection 3 to hunt or kill game mammals or game birds.

      5.  It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when:

      (a) The cargo or passengers, or both, are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the Federal or State Government or by a county or municipal government and which are accessible by a public road; or

      (b) The loading or unloading is done in the course of an emergency or search and rescue operation.

      6.  It is unlawful to:

      (a) Use any information obtained from a radio signal or other transmission received from any transmitting device;

      (b) Make use of equipment designed to receive a radio signal or other transmission from a transmitting device; or

      (c) Use any location information obtained from records maintained by the Department within 1 year after the date on which the information was collected, including, without limitation, records of information received from a transmitting device,

Ê to harass or take any game mammal, game bird or other wildlife.

      7.  It is unlawful to make use of equipment designed to receive a radio signal or other transmission from a transmitting device for any purpose without written authorization of the Department.

      8.  The provisions of subsection 1 do not apply to an employee or agent of the Department who, while carrying out his or her duties, conducts a survey of wildlife with the use of an aircraft.

      9.  As used in this section:

 


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ê2019 Statutes of Nevada, Page 763 (CHAPTER 139, AB 83)ê

 

      (a) “Aircraft” includes, without limitation, any device that is used for navigation of, or flight in, the air.

      (b) “Game bird” does not include a raven, even if classified as a game bird pursuant to NRS 501.110.

      (c) “Harass” means to molest, chase, rally, concentrate, herd, intercept, torment or drive.

      (d) “Transmitting device” means any collar or other device which is attached to any game mammal, game bird or other wildlife or which is placed for the express purpose of detecting any game mammal, game bird or other wildlife and emits an electronic signal or uses radio telemetry or a satellite transmission to determine the location of the game mammal, game bird or other wildlife.

      Sec. 9. NRS 503.580 is hereby amended to read as follows:

      503.580  1.  For the purposes of this section, “public road or highway” means:

      (a) A highway designated as a United States highway.

      (b) A highway designated as a state highway pursuant to the provisions of NRS 408.285.

      (c) A main or general county road as defined by NRS 403.170.

      2.  It is unlawful for any person, company or corporation to place or set any trap, snare or similar device used for the purpose of trapping mammals within 200 feet of any public road or highway within this State.

      3.  This section does not [prevent] :

      (a) Prevent the placing or setting of any trap, snare or similar device inside, along or near a fence which may be situated less than 200 feet from any public road or highway upon privately owned lands.

      (b) Apply to placing or setting a trap, snare or similar device by an employee or agent of the Department.

      Sec. 10.  This act becomes effective on July 1, 2019.

________

CHAPTER 140, AB 86

Assembly Bill No. 86–Committee on Government Affairs

 

CHAPTER 140

 

[Approved: May 25, 2019]

 

AN ACT relating to governmental purchasing; making provisions relating to purchasing by local governments applicable to a metropolitan police department; exempting certain purchases by local governments from requirements of competitive bidding; increasing the monetary thresholds at which local governmental purchasing contracts must be advertised; authorizing a local government to dispose of personal property by donating it to another governmental entity or nonprofit organization; authorizing the Administrator of the Purchasing Division of the Department of Administration to enter into a contract pursuant to a solicitation by certain governmental entities; revising provisions governing certain preferences for businesses owned and operated by a veteran with a service-connected disability; making various other changes relating to governmental purchasing; and providing other matters properly relating thereto.

 


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ê2019 Statutes of Nevada, Page 764 (CHAPTER 140, AB 86)ê

 

Legislative Counsel’s Digest:

      The Local Government Purchasing Act governs the purchasing of services, supplies, materials and equipment by local governments. (Chapter 332 of NRS) This bill changes the terms “bid” to “response” and “request for bids” to “solicitation” throughout the Act to encompass the different methods of procurement which may be used by a local government to award a contract. Section 6 of this bill makes the Act applicable to a metropolitan police department. (NRS 332.015)

      Existing law requires a local government to maintain a record of all requests for bids and all bids received for a contract for which the estimated annual amount required to perform the contract is more than $25,000 but not more than $50,000 for at least 7 years after the execution of the contract. (NRS 332.039) Sections 2 and 46 of this bill make this requirement applicable to all contracts, regardless of the estimated annual amount required to perform the contract. Section 3 of this bill prescribes the requirements for a solicitation by a local government. Section 5 of this bill nonsubstantively reenacts provisions in existing law for purposes of reorganization. (NRS 332.065) Section 5 of this bill requires a local government to award a contract on the basis of price if the estimated cost to perform the contract is more than $50,000 but not more than $100,000.

      Under existing law, a local government is prohibited from using on-line bidding as the exclusive means of receiving bids for a request for bids. (NRS 332.047) Section 9 of this bill authorizes a local government to use an on-line solicitation as the exclusive means of receiving responses to a solicitation if there is not any cost to the responding offeror for submitting the response.

      Existing law: (1) requires a local government to advertise a purchasing contract if the estimated cost to perform the contract exceeds $50,000; and (2) specifies the requirements for such an advertisement. (NRS 332.039, 332.045) Section 11 of this bill: (1) increases that minimum monetary threshold for advertising such a contract to when the estimated annual amount to perform the contract is more than $100,000; and (2) revises the criteria for awarding such a contract. Sections 11 and 46 also provide for the inclusion of the qualifications of a bidder with the requirements for awarding such a contract. Sections 12 and 13 of this bill make conforming changes. Section 8 of this bill revises requirements regarding an advertisement for a purchasing contract.

      Existing law imposes restrictions on the assignment of a purchasing contract. (NRS 332.095) Section 14 of this bill authorizes the assignment of such a contract if the contract is assigned by virtue of the acquisition of the person who is a party to the contract under certain circumstances.

      Section 16 of this bill adds to the exemptions from the requirements of competitive bidding in existing law certain services and equipment for computers, instructional materials, the purchase of goods commonly used by hospitals and the purchase of certain forensic equipment and supplies in certain circumstances. (NRS 332.115) Section 20 of this bill expressly authorizes a local government to dispose of personal property by donating it to another governmental entity or nonprofit organization. (NRS 332.185)

      Existing law authorizes a local government to join or use the contracts of the State of Nevada, another state or a local government with the authorization of the contracting vendor. (NRS 332.195) Section 21 of this bill instead authorizes a local government to enter into a contract pursuant to a solicitation by these entities. Section 21 also authorizes a local government to enter into a contract pursuant to a solicitation by certain cooperative purchasing organizations.

      The State Purchasing Act governs the purchasing of services, supplies, materials and equipment by agencies of the Executive Department of the State Government, with certain exceptions. (Chapter 333 of NRS) Section 25 of this bill authorizes the Administrator of the Purchasing Division of the Department of Administration to enter into a contract pursuant to a solicitation for a bid or proposal by certain governmental entities. Section 26 of this bill provides that a purchasing officer facilitates, rather than participates in, certain activities relating to the awarding of state contracts. (NRS 333.020) Section 27 of this bill removes the ability of the Administrator in existing law to supply the needs of a using agency from stores of commodities on hand.

 


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ê2019 Statutes of Nevada, Page 765 (CHAPTER 140, AB 86)ê

 

Administrator in existing law to supply the needs of a using agency from stores of commodities on hand. (NRS 333.160) Section 28 of this bill specifies a request for qualifications and a request for information as methods of obtaining a state purchasing contract. (NRS 333.162) Section 29 of this bill removes the requirement in existing law that bids be read publicly as they are opened. (NRS 333.330)

      Section 30 of this bill: (1) requires the inclusion of a person designated by the Chief Information Officer of the State on a committee that evaluates proposals for the procurement of technology for which the estimated cost is more than $100,000 in certain circumstances; and (2) eliminates certain factors specified in existing law that are required to be considered by such a committee besides those factors disclosed in the request for proposals. (NRS 333.335)

      Under existing law, a bid or proposal for a state purchasing contract for which the estimated cost is more than $50,000 but not more than $250,000 that is submitted by a local business owned by a veteran with a service-connected disability of at least zero percent and who is a responsive and responsible bidder is deemed to be 5 percent lower than the bid or proposal actually submitted. For state purchasing contracts for which the estimated cost is more than $250,000 but less than $500,000, only a local business owned and operated by a veteran with a service-connected disability of 50 percent or more is eligible under existing law for the 5-percent preference. (NRS 333.3362, 333.3365, 333.3366) Section 31 of this bill revises the qualifications for a local business to be eligible for such a preference to require that: (1) its principal place of business is in this State; and (2) the majority of the goods provided for in a state purchasing contract are produced in this State. (NRS 333.3363) Section 32 of this bill: (1) adds a contract for the services of a person as an independent contractor to the type of contract in existing law for which such a preference may be given; and (2) removes the monetary threshold between preferences and thereby allows a veteran with a service-connected disability of at least zero percent to be eligible for a preference on state purchasing contracts for any amount over $250,000. (NRS 333.3366) Sections 33 and 34 of this bill make conforming changes.

      In addition to the duties prescribed by existing law for a person who is authorized to enter into a contract for state purchasing, section 35 of this bill requires such a person to ensure that the contract: (1) includes any provision relating to insurance that the State Risk Manager determines is necessary; and (2) is approved by the Purchasing Division or the Office of the Attorney General. (NRS 333.337)

      Section 36 of this bill: (1) removes a requirement in existing law that the notice of award of a contract be posted in certain public buildings; (2) revises provisions governing an appeal of the award of a contract; and (3) removes a requirement in existing law that a cancellation of an award of a contract requires readvertising for bids. (NRS 333.370)

      Under existing law, with certain exceptions, the Administrator is authorized to allow using agencies to make certain purchases locally up to certain monetary limitations. (NRS 333.390) Section 37 of this bill: (1) authorizes a using agency to purchase items that are not available directly from an entity with which the Purchasing Division has entered into a contract if the purchase is made in accordance with the State Administrative Manual and the statutes and regulations governing purchasing by state agencies; and (2) removes the monetary limitations on such purchases.

      Sections 38 and 39 of this bill remove a requirement in existing law that the Administrator issue bulletins indicating the supplies, materials and equipment available through the facilities of the Purchasing Division. (NRS 333.469, 333.470)

      Existing law authorizes the Administrator to enter into an agreement for supplies, materials or equipment with a vendor who has entered into an agreement with the federal General Services Administration or certain other governmental agencies under certain circumstances. (NRS 333.480) Section 40 of this bill removes authorization for the Administrator to enter into such an agreement with a vendor who has entered into an agreement with a non-federal agency as a result of the authority provided to the Administrator in section 25.

 


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ê2019 Statutes of Nevada, Page 766 (CHAPTER 140, AB 86)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 332 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. A governing body or its authorized representative shall maintain a record of each solicitation and response to a solicitation for at least 7 years after the date of execution of the contract.

      Sec. 3. Each solicitation must include, without limitation:

      1.  The minimum requirements that a successful responding offeror must meet for the awarding of the contract pursuant to the provisions of this chapter;

      2.  The method by which the contract will be awarded, including, without limitation, on the basis of price or lowest responsive and responsible bidder;

      3.  Notice of the written certification required pursuant to subsection 3 of NRS 332.065, if applicable; and

      4.  The period during which a notice of protest regarding the awarding of a contract pursuant to NRS 332.068 may be submitted, if applicable.

      Sec. 4. 1.  If the estimated annual amount required to perform a contract is more than $100,000 and the designated method for awarding the contract specified in the solicitation is an invitation to bid, the governing body or its authorized representative:

      (a) Shall give preference to a bid to provide recycled products if:

             (1) The products meet the applicable standards;

             (2) The products can be substituted for comparable nonrecycled products; and

             (3) The products do not cost more than comparable nonrecycled products.

      (b) May give preference to a bid to provide recycled products if:

             (1) The products meet the applicable standards;

             (2) The products can be substituted for comparable nonrecycled products; and

             (3) The products do not cost more than 5 percent more than the comparable nonrecycled products.

      (c) May purchase recycled paper products if the specific recycled paper product is:

             (1) Available at a price which is not more than 10 percent higher than that of the comparable paper product made from virgin material;

             (2) Of adequate quality; and

             (3) Available to the purchaser within a reasonable amount of time.

      2.  As used in this section:

      (a) “Postconsumer waste” means a finished material which would normally be disposed of as solid waste having completed its life cycle as a consumer item.

      (b) “Recycled paper product” means any paper or wood-pulp product containing in some combination comprising at least 50 percent of its total weight:

             (1) Postconsumer waste; and

             (2) Secondary waste,

 


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Ê but the term does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

      (c) “Secondary waste” means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value.

      Sec. 5. 1.  Except as otherwise provided by specific statute, if the estimated annual amount required to perform a contract is more than $50,000 but not more than $100,000, the governing body or its authorized representative:

      (a) Shall solicit responses from two or more persons capable of performing the contract, if such persons are available; and

      (b) May advertise the contract in the manner prescribed in NRS 332.045.

      2.  The governing body or its authorized representative shall award such a contract on the basis of price, taking into account the minimum requirements of a responding offeror prescribed in the solicitation pursuant to section 3 of this act and the method prescribed in that solicitation for awarding the contract.

      Sec. 6. NRS 332.015 is hereby amended to read as follows:

      332.015  1.  For the purpose of this chapter, unless the context otherwise requires, “local government” means:

      (a) Every political subdivision or other entity which has the right to levy or receive money from ad valorem taxes or other taxes or from any mandatory assessments, including counties, cities, towns, school districts and other districts organized pursuant to chapters 244, 318, 318A, 379, 450, 474, 539, 541, 543 and 555 of NRS.

      (b) The Las Vegas Valley Water District created pursuant to the provisions of chapter 167, Statutes of Nevada 1947, as amended.

      (c) County fair and recreation boards and convention authorities created pursuant to the provisions of NRS 244A.597 to 244A.655, inclusive.

      (d) District boards of health created pursuant to the provisions of NRS 439.362 or 439.370.

      (e) A metropolitan police department created pursuant to the provisions of NRS 280.110.

      2.  The term does not include the Nevada Rural Housing Authority.

      Sec. 7. NRS 332.025 is hereby amended to read as follows:

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

      1.  “Authorized representative” means a person designated by the governing body to be responsible for the development, award and proper administration of all purchases and contracts for a local government or a department, division, agency, board or unit of a local government made pursuant to this chapter.

      2.  [“Best value” means the greatest possible economy consistent with grades or qualities of supplies, materials, equipment and services that are adapted to the purposes to be served.

      3.]  “Chief administrative officer” means the person directly responsible to the governing body for the administration of that particular entity.

      3.  “Evaluator” means an authorized representative, officer, employee, representative, agent, consultant or member of a governing body who has participated in:

 


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      (a) The evaluation of [bids;] responses;

      (b) Negotiations concerning purchasing by a local government; or

      (c) The review or approval of the award, modification or extension of a contract.

      4.  “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested. The term includes a local school precinct.

      5.  “Local school precinct” has the meaning ascribed to it in NRS 388G.535.

      6.  “On-line solicitation” means a process by which a responding offeror submits a response to a solicitation on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose.

      7.  “Proprietary information” means:

      (a) Any trade secret or confidential business information that is contained in a [bid] response submitted to a governing body or its authorized representative on a particular contract; or

      (b) Any other trade secret or confidential business information submitted to a governing body or its authorized representative by a [bidder] responding offeror and designated as proprietary by the governing body or its authorized representative.

Ê As used in this subsection, “confidential business information” means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost, price, or the customers of a [bidder] responding offeror which is submitted in support of a [bid.] response. The term does not include the amount of a [bid] response submitted to a governing body or its authorized representative.

      [7.] 8. “Responding offeror” means a person who responds to a solicitation made by a governing body or its authorized representative.

      9.  “Solicitation” means a written statement which sets forth the requirements and specifications of a contract to be awarded by:

      (a) An invitation to bid;

      (b) A request for proposals;

      (c) A request for a statement of qualifications;

      (d) A request for a quotation; or

      (e) Any other accepted method of purchasing that complies with the provisions of this chapter.

      10.  “Trade secret” has the meaning ascribed to it in NRS 600A.030.

      Sec. 8. NRS 332.045 is hereby amended to read as follows:

      332.045  1.  The advertisement required by [paragraph (a) of] subsection 1 of NRS [332.039] 332.065 or authorized by subsection 1 of section 5 of this act must be [by notice to bid and must be] published:

      (a) In a newspaper qualified pursuant to chapter 238 of NRS that has a general circulation within the county wherein the local government, or a major portion thereof, is situated at least once and not less than 7 days before the opening of [bids; and] responses.

      (b) [On the] Every day for not less than 7 days before the opening of responses on:

             (1) The Internet website of the local government, if the local government maintains an Internet website [, every day for not less than 7 days before the opening of bids.] ; or

 


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             (2) A secure website on the Internet or its successor, if any, which is established and maintained for the purpose of an on-line solicitation.

      2.  The [notice] advertisement must state:

      (a) The nature, character or object of the contract.

      (b) If plans and specifications are [to constitute] part of the contract, where the plans and specifications may be seen.

      (c) The time and [place where bids] date on which responses will be [received and] opened.

      (d) That a written certification is a required part of the contract pursuant to subsection [2] 3 of NRS 332.065.

      (e) Such other matters as may properly pertain to [giving notice to bid.] the contract.

      Sec. 9. NRS 332.047 is hereby amended to read as follows:

      332.047  1.  A governing body or its authorized representative may use an on-line [bidding] solicitation to receive [bids submitted in response] responses to a [request for bids.] solicitation. The governing body or its authorized representative shall not use an on-line [bidding] solicitation as the exclusive means of [receiving bids for the request for bids.] a solicitation if there is any cost to a responding offeror to submit a response.

      2.  [A request for bids for which bids may be submitted pursuant to subsection 1] An on-line solicitation must designate a date and time at which [bids] responses may be submitted and may designate a date and time after which [bids] responses will no longer be received.

      3.  A governing body or its authorized representative may require [bidders] a responding offeror to:

      (a) Register for an on-line solicitation before the date and time at which [bids] responses may be submitted; and

      (b) Agree to terms, conditions or requirements of the [request for bids] solicitation to facilitate the on-line [bidding.] solicitation.

      4.  The procedures established by a governing body or its authorized representative for the purposes of conducting an on-line [bidding must] solicitation must not conflict with the provisions of this chapter.

      [5.  As used in this section, “on-line bidding” means a process by which bidders submit bids for a contract on a secure website on the Internet or its successor, if any, which is established and maintained for that purpose.]

      Sec. 10. NRS 332.061 is hereby amended to read as follows:

      332.061  1.  Except as otherwise provided in this subsection and NRS 239.0115, proprietary information does not constitute public information and is confidential. A person shall not disclose proprietary information unless:

      (a) The disclosure is made for the purpose of a civil, administrative or criminal investigation or proceeding; and

      (b) The person receiving the information represents in writing that protections exist under applicable law to preserve the integrity, confidentiality and security of the information.

      2.  A [bid] solicitation which contains a provision that requires negotiation or evaluation by the governing body or an evaluator may not be disclosed until the [bid] response is recommended for the award of a contract.

      Sec. 11. NRS 332.065 is hereby amended to read as follows:

      332.065  1.  Except as otherwise provided by specific statute, if the estimated annual amount required to perform a contract is more than $100,000, the governing body or its authorized representative:

 


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      (a) Shall advertise the contract in the manner prescribed in NRS 332.045; and

      (b) May issue a solicitation for the contract.

      2.  If [a governing body or its authorized representative has advertised for or requested bids in letting] the estimated annual amount to perform a contract [,] is more than $100,000 and the method for obtaining the contract designated in the solicitation is an invitation to bid, the governing body or its authorized representative must, except as otherwise provided [in subsection 3,] by specific statute, award the contract to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder may be judged on the basis of:

      (a) Price;

      (b) Conformance to specifications;

      (c) Qualifications [;] of the bidder, including, without limitation:

             (1) The possession of or limit on any required license of the bidder;

             (2) The financial responsibility of the bidder;

             (3) The experience of the bidder; and

             (4) The ability of the bidder to perform the contract;

      (d) Adequacy of the equipment of the bidder;

      (e) Past performance;

      [(e)] (f) Performance schedule or delivery date;

      [(f) Quality and utility of services, supplies, materials or equipment offered and the adaptability of those services, supplies, materials or equipment to the required purpose of the contract;]

      (g) If the contract requires the delivery of goods, the total cost of ownership of the goods;

      (h) If the contract requires the delivery of goods, the purpose for which the goods to be supplied are required;

      (i) The best interests of the public; and

      [(h)](j) Such other criteria as may be set forth by the governing body or its authorized representative in the advertisement or [request for bids,] solicitation, as applicable, that pertains to the contract.

      [2.]3.  A governing body or its authorized representative shall not enter into a contract described in paragraph (a) of subsection 1 of NRS 332.039 with a company unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract not to engage in, a boycott of Israel.

      [3.  The governing body or its authorized representative:

      (a) Shall give preference to recycled products if:

             (1) The product meets the applicable standards;

             (2) The product can be substituted for a comparable nonrecycled product; and

             (3) The product costs no more than a comparable nonrecycled product.

      (b) May give preference to recycled products if:

             (1) The product meets the applicable standards;

             (2) The product can be substituted for a comparable nonrecycled product; and

             (3) The product costs no more than 5 percent more than a comparable nonrecycled product.

      (c) May purchase recycled paper products if the specific recycled paper product is:

 


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             (1) Available at a price which is not more than 10 percent higher than that of paper products made from virgin material;

             (2) Of adequate quality; and

             (3) Available to the purchaser within a reasonable period.]

      4.  If after the lowest responsive and responsible bidder has been awarded the contract, during the term of the contract he or she does not [supply goods or services] perform in accordance with the bid specifications, or if he or she repudiates the contract, the governing body or its authorized representative may reaward the contract to the next lowest responsive and responsible bidder without requiring that new bids be submitted. Reawarding the contract to the next lowest responsive and responsible bidder is not a waiver of any liability of the initial bidder awarded the contract.

      5.  Except as otherwise provided by specific statute, if the estimated annual amount to perform a contract is more than $100,000 and the method for obtaining the contract designated in the solicitation is a method other than an invitation to bid, the governing body or its authorized representative shall award such a contract taking into account the minimum requirements for a responding offeror prescribed in the solicitation pursuant to section 3 of this act and the method prescribed in that solicitation for awarding the contract.

      6.  As used in this section:

      (a) “Boycott of Israel”:

             (1) Means, except as otherwise provided in subparagraph (2), refusing to deal or conduct business with, abstaining from dealing or conducting business with, terminating business or business activities with or performing any other action that is intended to limit commercial relations with:

                   (I) Israel; or

                   (II) A person or entity doing business in Israel or in territories controlled by Israel,

Ê if such an action is taken in a manner that discriminates on the basis of nationality, national origin or religion.

             (2) Does not include an action that is described in subparagraph (1) if the action:

                   (I) Is based on a bona fide business or economic reason;

                   (II) Is taken pursuant to a boycott against a public entity of Israel if the boycott is applied in a nondiscriminatory manner; or

                   (III) Is taken in compliance with or adherence to calls for a boycott of Israel if that action is authorized in 50 U.S.C. § 4607 or any other federal or state law.

      (b) “Company” means any domestic or foreign sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited-liability partnership, limited-liability company, or other domestic or foreign entity or business association, including, without limitation, any wholly owned subsidiary, majority owned subsidiary, parent company or affiliate of such an entity or business association, that exists for the purpose of making a profit.

      (c) [“Postconsumer waste” means a finished material which would normally be disposed of as a solid waste having completed its life cycle as a consumer item.

      (d) “Recycled paper product” means all paper and wood-pulp products containing in some combination at least 50 percent of its total weight:

 


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             (1) Postconsumer waste; and

             (2) Secondary waste,

Ê but does not include fibrous waste generated during the manufacturing process such as fibers recovered from wastewater or trimmings of paper machine rolls, wood slabs, chips, sawdust or other wood residue from a manufacturing process.

      (e) “Secondary waste” means fragments of products or finished products of a manufacturing process which has converted a virgin resource into a commodity of real economic value.] “Total cost of ownership” includes, without limitation:

             (1) The history of maintenance and repair of the goods;

             (2) The cost of routine maintenance and repair of the goods;

             (3) Any warranties provided in connection with the goods;

             (4) The cost of replacement parts for the goods; and

             (5) The value of the goods as used goods when given in trade on a subsequent purchase.

      Sec. 12. NRS 332.068 is hereby amended to read as follows:

      332.068  1.  A person who submits a [bid on] response to a solicitation for a contract [that is required to be advertised pursuant to paragraph (a) of subsection 1 of NRS 332.039] for which the estimated annual amount to perform the contract is more than $100,000 may, after the [bids] responses are opened and within the period specified by the governing body or its authorized representative [,] in the solicitation pursuant to section 3 of this act, file with the governing body or its authorized representative a notice of protest regarding the awarding of the contract.

      2.  A notice of protest must include a written statement setting forth with specificity the reasons the person filing the notice believes the applicable provisions of law were violated.

      3.  A person filing a notice of protest may be required by the governing body or its authorized representative, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this State or submit other security, in a form approved by the governing body or its authorized representative, to the governing body or its authorized representative who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of:

      (a) Twenty-five percent of the total value of the [bid] response submitted by the person filing the notice of protest; or

      (b) Two hundred fifty thousand dollars.

      4.  A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the governing body or its authorized representative on the protest.

      5.  A person who submits an unsuccessful [bid] response may not seek any type of judicial intervention until the governing body or its authorized representative has made a determination on the protest and awarded the contract.

      6.  A governing body or its authorized representative is not liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who submits a [bid,] response, whether or not the person files a notice of protest pursuant to this section.

 


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      7.  If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the person who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the governing body or its authorized representative in an amount equal to the expenses incurred by the governing body or its authorized representative because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the person who posted the bond or submitted the security.

      Sec. 13. NRS 332.075 is hereby amended to read as follows:

      332.075  Any [or all bids received in] response to a [request for bids] solicitation for a contract for which the estimated annual amount to perform a contract is more than $100,000 may be rejected by the governing body or its authorized representative if [such] the governing body or its authorized representative determines that [any such bidder] the responding offeror is not responsive or responsible or that the quality of the services, supplies, materials, equipment or labor offered does not conform to requirements or if the public interest would be served by such a rejection.

      Sec. 14. NRS 332.095 is hereby amended to read as follows:

      332.095  1.  [No] Except as otherwise provided in subsection 2:

      (a) No contract awarded may be assigned to any other person without the consent of the governing body or its authorized representative.

      [2.] (b) No contract awarded or any portion thereof may be assigned to any person who was declared by the governing body or its authorized representative not to be a responsible person to perform the particular contract.

      2.  The provisions of this section do not apply to the assignment of a contract by virtue of the acquisition of the person who is a party to the contract by a person that purchases the full assets and liabilities of the person who is a party to the contract.

      Sec. 15. NRS 332.105 is hereby amended to read as follows:

      332.105  1.  A [bid bond,] performance bond, payment bond or any other bond or combination thereof, with sufficient surety, in such amount as may be determined necessary by the governing body or its authorized representative, may be required of each [bidder or contractor] responding offeror on a particular contract.

      2.  Any such bonds may be to insure proper performance of the contract and save, indemnify and keep harmless the local government against all loss, damages, claims, liabilities, judgments, costs and expenses which may accrue against the local government in consequence of the awarding of the contract.

      3.  If a local government requires such a bond, it shall not also require a detailed financial statement from each [bidder] responding offeror on the contract.

      Sec. 16. NRS 332.115 is hereby amended to read as follows:

      332.115  1.  Contracts which by their nature are not adapted to award by a competitive [bidding,] solicitation, including contracts for:

      (a) Items which may only be contracted from a sole source;

      (b) Professional services;

      (c) Additions to and repairs and maintenance of equipment which may be more efficiently added to, repaired or maintained by a certain person;

 


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      (d) Equipment which, by reason of the training of the personnel or of an inventory of replacement parts maintained by the local government is compatible with existing equipment;

      (e) Perishable goods;

      (f) Insurance;

      (g) Hardware and associated peripheral equipment and devices for computers;

      (h) Software for computers;

      (i) Maintenance and support for:

             (1) Hardware and associated peripheral equipment and devices for computers; and

             (2) Software for computers;

      (j) Equipment containing hardware or software for computers;

      (k) Books, instructional materials, library materials and subscriptions;

      [(j)] (l) Motor vehicle fuel purchased by a local law enforcement agency for use in an undercover investigation;

      [(k)](m) Motor vehicle fuel for use in a vehicle operated by a local law enforcement agency or local fire department if such fuel is not available within the vehicle’s assigned service area from a fueling station owned by the State of Nevada or a local government;

      [(l)] (n) Purchases made with money in a store fund for prisoners in a jail or local detention facility for the provision and maintenance of a canteen for the prisoners;

      [(m)] (o) Supplies, materials , [or] equipment or services that are available pursuant to an agreement with a vendor that has entered into an agreement with the General Services Administration or another federal governmental agency located within or outside this State;

      [(n)] (p) Items for resale through a retail outlet operated in this State by a local government or the State of Nevada;

      [(o)] (q) Commercial advertising within a recreational facility operated by a county fair and recreation board;

      [(p)] (r) Goods or services purchased from organizations or agencies whose primary purpose is the training and employment of persons with disabilities; and

      [(q)] (s) The design of, and equipment and services associated with, systems of communication,

Ê are not subject to the requirements of this chapter for a competitive [bidding,] solicitation, as determined by the governing body or its authorized representative.

      2.  The purchase of forensic equipment and supplies used in forensic analysis or other equipment for use by a local law enforcement agency in the course of an undercover investigation is not subject to the requirements of this chapter for a competitive [bidding,] solicitation, as determined by the governing body or its authorized representative, if:

      (a) The equipment is an electronic or mechanical device which by design is intended to monitor and document in a clandestine manner suspected criminal activity; [or]

      (b) Purchasing the equipment pursuant to such requirements would limit or compromise the use of such equipment by an agency authorized to conduct such investigations [.] ; or

      (c) The equipment and supplies are:

 


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             (1) Used in analysis in such investigations; or

             (2) Required to comply with specific forensic standards or quality standards.

      3.  The purchase of personal safety equipment for use by a response agency or any other local governmental agency is not subject to the requirements of this chapter for a competitive [bidding,] solicitation, as determined by the governing body or its authorized representative, if:

      (a) The personal safety equipment will be used by personnel of the response agency or other local governmental agency in preventing, responding to or providing services of recovery or relief in connection with emergencies, acts of terrorism or other natural or man-made disasters in which the health, safety or welfare of those personnel may be compromised, impaired or otherwise threatened; and

      (b) The cost of the personal safety equipment is comparable to the cost of similar personal safety equipment that is available for purchase by the public.

      4.  The purchase of goods commonly used by a hospital, including, without limitation, medical equipment, implantable devices and pharmaceuticals, by the governing body of a hospital [required to comply with the provisions of this chapter,] or its authorized representative [, may purchase goods commonly used by the hospital, under a contract awarded pursuant to NRS 332.065, without additional] is not subject to the requirements of this chapter for a competitive [bidding even if at the time the contract was awarded:

      (a) The vendor supplying such goods to the person awarded the contract was not identified as a supplier to be used by the person awarded the contract; or

      (b) The vendor was identified as a supplier but was not identified as the supplier of such goods.

Ê] solicitation. The governing body of the hospital or its authorized representative shall make available for public inspection each such contract and records related to those purchases.

      5.  This section does not prohibit a governing body or its authorized representative from advertising for or requesting [bids.] responses.

      6.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 239C.030.

      (b) “Personal safety equipment” means safety equipment that personnel of a response agency or other local governmental agency:

             (1) Use in the course of preventing, responding to or providing services of recovery or relief in connection with emergencies, acts of terrorism or other natural or man-made disasters; or

             (2) Wear or otherwise carry on a regular basis.

Ê The term includes, without limitation, firearms, boots, bulletproof vests or other types of body armor, protective garments, protective eyewear, gloves, helmets, and any specialized apparatus, equipment or materials approved or recommended by the United States Department of Homeland Security.

      (c) “Response agency” means an agency of a local government that provides services related to law enforcement, firefighting, emergency medical care or public safety.

      Sec. 17. NRS 332.117 is hereby amended to read as follows:

      332.117  1.  In accordance with the Program to Encourage and Facilitate Purchases by Agencies of Commodities and Services From Organizations established pursuant to NRS 334.025, a governing body [of a local government] or its authorized representative may award, without complying with the requirements for a competitive [bidding] solicitation set forth in this chapter, a contract for services or for the purchase of supplies, materials, equipment or labor to a nonprofit organization or agency whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive.

 


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Organizations established pursuant to NRS 334.025, a governing body [of a local government] or its authorized representative may award, without complying with the requirements for a competitive [bidding] solicitation set forth in this chapter, a contract for services or for the purchase of supplies, materials, equipment or labor to a nonprofit organization or agency whose primary purpose is the training and employment of persons with a mental or physical disability, including, without limitation, a provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive.

      2.  A nonprofit organization or agency that:

      (a) Wishes to submit a [bid for such] response to a [contract] solicitation must:

             (1) Register with the Purchasing Division of the Department of Administration as required pursuant to NRS 334.025; and

             (2) Establish a fair-market price for those services, supplies, materials, equipment or labor by conducting a market survey and must include the survey with the [bid] response submitted to the local government.

      (b) Is awarded such a contract must report quarterly to the Purchasing Division as required pursuant to NRS 334.025.

      3.  As used in this section, “nonprofit organization or agency” means an organization or agency that is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

      Sec. 18. NRS 332.146 is hereby amended to read as follows:

      332.146  1.  Except as otherwise provided by law, if the governing body or its authorized representative determines that the supplies, materials or equipment can be purchased at any public auction, closeout sale, bankruptcy sale, sale of merchandise left after an exhibition, or other similar sale at a reasonable savings over the cost of like merchandise and below the market cost in the community, a contract or contracts may be let or the purchase made without complying with the requirements of this chapter for a competitive [bidding.] solicitation.

      2.  The documentation for the purchase or acquisition must be summarized for the next regularly scheduled meeting of the governing body, together with written justification showing the savings involved.

      Sec. 19. NRS 332.148 is hereby amended to read as follows:

      332.148  1.  Except as otherwise provided in subsection 2, when a governing body or its authorized representative has advertised for or requested [bids] responses in letting a contract and no responsible [bids] responses are received, the governing body or its authorized representative may let the contract without a competitive [bidding] solicitation not less than 7 days after it publishes a notice stating that no [bids] responses were received on the contract and that the contract may be let without a further [bidding.] solicitation.

      2.  A governing body or its authorized representative shall entertain any [bid] response which is submitted after it publishes such notice and before the expiration of the waiting period.

      Sec. 20. NRS 332.185 is hereby amended to read as follows:

      332.185  1.  Except as otherwise provided in subsection 2 and NRS 244.1505 and 334.070, [all sales of personal property of the local government must be made, as nearly as possible, under the same conditions and limitations as required by this chapter in the purchase of personal property. The] if the governing body or its authorized representative determines that the personal property of the local government is no longer required for public use and deems such action desirable and in the best interests of the local government, the governing body or its authorized representative may dispose of personal property of the local government by any manner, including, without limitation, by:

 


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determines that the personal property of the local government is no longer required for public use and deems such action desirable and in the best interests of the local government, the governing body or its authorized representative may dispose of personal property of the local government by any manner, including, without limitation, by:

      (a) Selling such property at public auction . [, if the governing body or its authorized representative determines that the property is no longer required for public use and deems such action desirable and in the best interests of the local government.]

      (b) Donating such property to another governmental entity or nonprofit organization.

      2.  The board of trustees of a school district may donate surplus personal property of the school district to any other school district in this State, to the Achievement School District or to a charter school that is located within the school district without regard to:

      (a) The provisions of this chapter; or

      (b) Any statute, regulation, ordinance or resolution that requires:

             (1) The posting of notice or public advertising.

             (2) The inviting or receiving of competitive [bids.] responses.

             (3) The selling or leasing of personal property by contract or at a public auction.

      3.  The provisions of this chapter do not apply to the purchase, sale, lease or transfer of real property by the governing body.

      Sec. 21. NRS 332.195 is hereby amended to read as follows:

      332.195  1.  Except as otherwise provided in this section [:

      (a) A] , a governing body or its authorized representative [and the State of Nevada] may [join or use the contracts of local governments] enter into a contract pursuant to a solicitation by:

      (a) A governmental entity located within or outside this State with the authorization of the contracting vendor. The originally contracting local government is not liable for the obligations of the governmental entity which [joins or uses] enters into a contract in response to the [contract.] solicitation in accordance with this paragraph.

      (b) [A governing body or its authorized representative may join or use the contracts of the] The State of Nevada or another state with the authorization of the contracting vendor. The State of Nevada or other state is not liable for the obligations of the local government which [joins or uses] enters into a contract in response to the [contract.] solicitation in accordance with this paragraph.

      (c) A cooperative purchasing organization. A cooperative purchasing organization is not liable for the obligations of the local government which enters into a contract in response to the solicitation in accordance with this paragraph.

      2.  A governing body or its authorized representative [or the State of Nevada] shall not [join or use] enter into a contract pursuant to this section if a contractor’s license issued pursuant to chapter 624 of NRS is required for any portion of the work to be performed under the contract.

      3.  As used in this section, “cooperative purchasing organization” means an organization that implements a cooperative arrangement to agree to aggregate demand on behalf of public entities for the purpose of obtaining lower prices from certain suppliers to reduce the costs of procurement.

 


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agree to aggregate demand on behalf of public entities for the purpose of obtaining lower prices from certain suppliers to reduce the costs of procurement.

      Sec. 22. NRS 332.201 is hereby amended to read as follows:

      332.201  1.  The governing body or its authorized representative in a county whose population is 100,000 or more shall submit a report every 6 months to the Office. The report must include, without limitation, for the period since the last report:

      (a) The number of local emerging small businesses that the governing body or its authorized representative solicited to submit a [bid or proposal] response to the governing body or its authorized representative for a local purchasing contract;

      (b) The number of local emerging small businesses that submitted a [bid or proposal] response to the governing body or its authorized representative for a local purchasing contract;

      (c) The number of local purchasing contracts that were awarded by the governing body or its authorized representative to local emerging small businesses;

      (d) The total number of dollars’ worth of local purchasing contracts that were awarded by the governing body or its authorized representative to local emerging small businesses; and

      (e) Any other information deemed relevant by the Office.

      2.  The report required pursuant to subsection 1 must be submitted within 90 days after:

      (a) The end of each fiscal year; and

      (b) The end of each calendar year.

      3.  As used in this section:

      (a) “Local emerging small business” has the meaning ascribed to it in NRS 231.1402.

      (b) “Local purchasing contract” means a contract awarded pursuant to the provisions of this chapter for which the estimated cost is [$50,000 or less.] not more than $100,000. The term does not include a contract for which a procurement card is used.

      (c) “Office” means the Office of Economic Development.

      (d) “Procurement card” means a charge card issued to a governing body or its authorized representative for the purpose of purchasing goods and services pursuant to the provisions of this chapter.

      Sec. 23. NRS 332.810 is hereby amended to read as follows:

      332.810  1.  Before a contract is awarded, a [person who has bid on the contract] responding offeror or an officer, employee, representative, agent or consultant of such a person shall not:

      (a) Make an offer or promise of future employment or business opportunity to, or engage in a discussion of future employment or business opportunity with, an evaluator or member of the governing body offering the contract;

      (b) Offer, give or promise to offer or give money, a gratuity or any other thing of value to an evaluator or member of the governing body offering the contract; or

      (c) Solicit or obtain from an officer, employee or member of the governing body offering the contract:

 


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             (1) Any proprietary information regarding the contract; or

             (2) Any information regarding a [bid on the contract] response to a solicitation submitted by another person, unless such information is available to the general public.

      2.  A person who violates any of the provisions of subsection 1 is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not less than $2,000 nor more than $50,000, or by both fine and imprisonment.

      Sec. 24. NRS 332.820 is hereby amended to read as follows:

      332.820  1.  Any agreement or collusion among [bidders] responding offerors or prospective [bidders] responding offerors in restraint of freedom of competition by agreement to [bid] respond with a fixed price, or otherwise, shall render the [bids] responses of such [bidders] responding offerors void.

      2.  Advance disclosures of proprietary information or any other information to any particular [bidder] responding offeror which would give that particular [bidder] responding offeror any advantage over any other interested [bidder] responding offeror in advance of the opening of [bids,] responses, whether in response to advertising or an informal [request for bids,] solicitation, made or permitted by a member of the governing body or an employee or representative thereof, shall operate to void all [bids] responses received in response to that particular [request for bids.] solicitation.

      Sec. 25. Chapter 333 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Administrator may enter into a contract pursuant to a solicitation for a bid or proposal by:

      (a) A governmental entity located in this State; or

      (b) A governmental entity located outside of this State if the entity uses an open and competitive method of awarding the contract that is substantially similar to the method prescribed by state law.

      2.  The provisions of subsection 1 apply regardless of whether the solicitation the Administrator seeks to join is open or completed.

      Sec. 26. NRS 333.020 is hereby amended to read as follows:

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

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

      2.  “Best value” means the greatest possible economy consistent with grades or qualities of supplies, materials, equipment and services that are adapted to the purposes to be served.

      3.  “Director” means the Director of the Department of Administration.

      4.  “Invitation to bid” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

      5.  “Proprietary information” means:

      (a) Any trade secret or confidential business information that is contained in a bid or proposal submitted on a particular contract; or

      (b) Any other trade secret or confidential business information submitted in a bid or proposal and designated as proprietary by the Administrator.

Ê As used in this subsection, “confidential business information” means any information relating to the amount or source of any income, profits, losses or expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal.

 


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expenditures of a person, including data relating to cost or price submitted in support of a bid or proposal. The term does not include the amount of a bid or proposal.

      6.  “Purchasing Division” means the Purchasing Division of the Department of Administration.

      7.  “Purchasing officer” means a person who is authorized by the Administrator or a using agency to [participate in:] facilitate:

      (a) The evaluation of bids or proposals for a contract;

      (b) Any negotiations concerning a contract; or

      (c) The development, review or approval of a contract.

      8.  “Request for proposals” means a written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection.

      9.  “Trade secret” has the meaning ascribed to it in NRS 600A.030.

      10.  “Using agencies” means all officers, departments, divisions, institutions, boards, commissions and other agencies in the Executive Department of the State Government which derive their support from public money in whole or in part, whether the money is provided by the State of Nevada, received from the Federal Government or any branch, bureau or agency thereof, or derived from private or other sources. The term does not include the Nevada Rural Housing Authority, the Housing Division of the Department of Business and Industry, local governments as defined in NRS 354.474, conservation districts, irrigation districts and the Nevada System of Higher Education.

      11.  “Volunteer fire department” means a volunteer fire department which pays premiums for industrial insurance pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      Sec. 27. NRS 333.160 is hereby amended to read as follows:

      333.160  The Administrator may decide whether and to what extent the needs of any using agency may be supplied:

      1.  [From stores of commodities on hand;

      2.]  By transfer of surplus items or stocks from other using agencies;

      [3.]2.  By deliveries under contracts;

      [4.]3.  By open market purchases through the Administrator; or

      [5.]4.  Directly by the using agencies;

Ê but he or she shall have thorough discussions on such matters with authorized representatives of each using agency.

      Sec. 28. NRS 333.162 is hereby amended to read as follows:

      333.162  1.  The Administrator may designate the method of obtaining a contract, including:

      (a) An invitation to bid;

      (b) A request for proposals;

      (c) A request for qualifications;

      (d) A request for information;

      (e) A request for a quotation; or

      [(d)](f) Any other accepted method of purchasing that complies with the provisions of this chapter.

      2.  The Administrator shall adopt regulations governing the methods of obtaining a contract.

      Sec. 29. NRS 333.330 is hereby amended to read as follows:

      333.330  1.  All bids on more than one item on which bids are called for by the same notice must be itemized and give a price for each item.

 


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      2.  All bids must:

      (a) Except as otherwise provided in NRS 333.313, be in writing and signed.

      (b) Be sealed or, if the bid is submitted electronically, secured by an electronic equivalent of a seal, as approved by the Purchasing Division.

      [(c) Be opened and read publicly by the Administrator or a designated agent of the Administrator as they are opened.]

      Sec. 30. NRS 333.335 is hereby amended to read as follows:

      333.335  1.  Each proposal must be evaluated by:

      (a) The chief of the using agency, or a committee appointed by the chief of the using agency in accordance with the regulations adopted pursuant to NRS 333.135, if the proposal is for a using agency; or

      (b) The Administrator of the Purchasing Division, or a committee appointed by the Administrator in accordance with the regulations adopted pursuant to NRS 333.135, if the Administrator is responsible for administering the proposal.

      2.  A committee appointed pursuant to subsection 1 must consist of not less than two members. A majority of the members of the committee must be state officers or employees. The committee may include persons who are not state officers or employees and possess expert knowledge or special expertise that the chief of the using agency or the Administrator of the Purchasing Division determines is necessary to evaluate a proposal. [The members] If the committee is appointed to evaluate a proposal for the procurement of technology for which the estimated cost is more than $100,000, the committee must include a person designated by the Chief Information Officer of the State appointed pursuant to NRS 223.085 if the Chief Information Officer determines the inclusion of such a person is necessary to evaluate the proposal.

      3.  Members of [the] a committee appointed pursuant to subsection 1 are not entitled to compensation for their service on the committee, except that members of the committee who are state officers or employees are entitled to receive their salaries as state officers and employees. No member of the committee may have a financial interest in a proposal.

      [3.]4.  In making an award, the chief of the using agency, the Administrator of the Purchasing Division or [each member of] the committee, if a committee is established, shall consider and assign a score for each [of the following factors for determining whether the proposal is in the best interests of the State of Nevada:

      (a) The experience and financial stability of the person submitting the proposal;

      (b) Whether the proposal complies with the requirements of the request for proposals as prescribed in NRS 333.311;

      (c) The price of the proposal; and

      (d) Any other] factor disclosed in the request for proposals.

      [4.]5.  The chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall determine the relative weight of each factor [set forth] disclosed in [subsection 3 before] a request for proposals before the request for proposals is advertised.

      [5.]6.  The chief of the using agency, the Administrator of the Purchasing Division or the committee, if a committee is established, shall award the contract based on the [best interests of the State, as determined by] the total scores assigned pursuant to subsection [3,] 4, and is not required to accept the lowest-priced proposal.

 


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award the contract based on the [best interests of the State, as determined by] the total scores assigned pursuant to subsection [3,] 4, and is not required to accept the lowest-priced proposal.

      [6.]7.  Except as otherwise provided in NRS 239.0115, each proposal evaluated pursuant to the provisions of this section is confidential and may not be disclosed until the contract is awarded.

      Sec. 31. NRS 333.3363 is hereby amended to read as follows:

      333.3363  “Local business” means a business which certifies that:

      1.  [Employs at least one person] Its principal place of business is in this State; [and] or

      2.  [Has employed at least one person in this State for not fewer than 2 years.] The majority of the goods provided for in a state purchasing contract are produced in this State.

      Sec. 32. NRS 333.3366 is hereby amended to read as follows:

      333.3366  1.  For the purpose of awarding a formal contract solicited pursuant to subsection 2 of NRS 333.300 [,] or awarding a contract for the services of a person as an independent contractor pursuant to subsection 1 of NRS 333.700, if [:

      (a) A] a local business owned and operated by a veteran with a service-connected disability submits a bid or proposal for such a contract [for which the estimated cost is more than $50,000 but not more than $250,000] and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5 percent lower than the bid or proposal actually submitted.

      [(b) A local business owned and operated by a veteran with a service-connected disability which is determined to be 50 percent or more by the United States Department of Veterans Affairs submits a bid or proposal for a contract for which the estimated cost is more than $250,000 but less than $500,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be 5 percent lower than the bid or proposal actually submitted.]

      2.  The [preferences] preference described in subsection 1 may not be combined with any other preference.

      Sec. 33. NRS 333.3367 is hereby amended to read as follows:

      333.3367  1.  If the Purchasing Division determines that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for [a] the preference described in NRS 333.3366, the business is thereafter permanently prohibited from:

      (a) Applying for or receiving the preference described in NRS 333.3366; and

      (b) Bidding on a state purchasing contract.

      2.  If the Purchasing Division determines, as described in subsection 1, that a business has made a material misrepresentation or otherwise committed a fraudulent act in applying for [a] the preference described in NRS 333.3366, the business may apply to the Administrator to review the decision pursuant to chapter 233B of NRS.

      Sec. 34. NRS 333.3369 is hereby amended to read as follows:

      333.3369  The Purchasing Division may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 333.3361 to 333.3369, inclusive. The regulations may include, without limitation, provisions setting forth:

      1.  The method by which a business may apply to receive [a] the preference described in NRS 333.3366;

 


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      2.  Subject to the provisions of NRS 417.0187, the documentation or other proof that a business must submit to demonstrate that it qualifies for [a] the preference described in NRS 333.3366; and

      3.  Such other matters as the Purchasing Division deems relevant.

Ê In carrying out the provisions of this section, the Purchasing Division shall, to the extent practicable, cooperate and coordinate with the State Public Works Division of the Department of Administration so that any regulations adopted pursuant to this section and NRS 338.13847 are reasonably consistent.

      Sec. 35. NRS 333.337 is hereby amended to read as follows:

      333.337  Each person who is authorized pursuant to the provisions of this chapter to enter into any contract on behalf of this state shall ensure that the contract [is] :

      1.  Includes any provision related to insurance that the State Risk Manager determines is necessary;

      2.  Is reduced to writing [and signed] ;

      3.  Is signed by each party to the contract [.] ; and

      4.  Is approved by the Purchasing Division or the Office of the Attorney General.

      Sec. 36. NRS 333.370 is hereby amended to read as follows:

      333.370  1.  A person who makes an unsuccessful bid or proposal may file a notice of appeal with the Purchasing Division and with the Hearings Division of the Department of Administration within [10] 11 days after [:

      (a) The] the date of award as entered on the bid record . [; and

      (b) The notice of award has been posted in at least three public buildings, including the location of the using agency.

Ê] The notice of appeal must include a written statement [of the issues to be addressed on appeal.] specifying any alleged violation of this chapter.

      2.  A person filing a notice of appeal must post a bond with good and solvent surety authorized to do business in this state or submit other security, in a form approved by the Administrator by regulation, to the Purchasing Division, who shall hold the bond or other security until a determination is made on the appeal. Except as otherwise provided in subsection 3, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the total value of the successful bid submitted.

      3.  If the total value of the successful bid cannot be determined because the total requirements for the contract are estimated as of the date of award, a bond posted or other security submitted with a notice of appeal must be in an amount equal to 25 percent of the estimated total value of the contract. Upon request, the Administrator shall provide:

      (a) The estimated total value of the contract; or

      (b) The method for determining the estimated total value of the contract,

Ê based on records of past experience and estimates of anticipated requirements furnished by the using agency.

      4.  Within 20 days after receipt of the notice of appeal, a hearing officer of the Hearings Division of the Department of Administration shall hold a contested hearing on the appeal in substantial compliance with the provisions of NRS 233B.121 to 233B.1235, inclusive, 233B.125 and 233B.126. The successful bidder must be given notice of the hearing in the same manner as the person who filed the notice of appeal. The successful bidder may participate in the hearing. Within 60 days after receipt of the notice of appeal, the hearing officer shall make a determination on the appeal.

 


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      5.  The hearing officer may only cancel the award for lack of compliance with the provisions of this chapter. A cancellation of the award requires [readvertising for bids and] a new award in accordance with the provisions of this chapter.

      6.  A notice of appeal filed in accordance with the provisions of this section operates as a stay of action in relation to any contract until a determination is made by the hearing officer on the appeal.

      7.  A person who makes an unsuccessful bid or proposal may not seek any type of judicial intervention until the hearing officer has made a determination on the appeal.

      8.  The Administrator may make as many open market purchases of the commodities or services as are urgently needed to meet the requirements of the Purchasing Division or the using agency until a determination is made on the appeal. With the approval of the Administrator, the using agency may make such purchases for the agency.

      9.  Neither the State of Nevada, nor any agency, contractor, department, division, employee or officer of the State is liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a person who makes an unsuccessful bid or proposal, whether or not the person files a notice of appeal pursuant to this section.

      10.  If the appeal is upheld and the award is cancelled, the bond posted or other security submitted with the notice of appeal must be returned to the person who posted the bond or submitted the security. If the appeal is rejected and the award is upheld, a claim may be made against the bond or other security by the Purchasing Division and the using agency to the Hearings Division of the Department of Administration in an amount equal to the expenses incurred and other monetary losses suffered by the Purchasing Division and the using agency because of the unsuccessful appeal. The hearing officer shall hold a hearing on the claim in the same manner as prescribed in subsection 4. Any money not awarded by the hearing officer must be returned to the person who posted the bond or submitted the security.

      Sec. 37. NRS 333.390 is hereby amended to read as follows:

      333.390  1.  Except as otherwise provided in NRS 333.435, the Administrator may authorize [local purchasing by] using agencies [,] to purchase items that are not available directly from an entity with which the Purchasing Division has entered into a contract if such a purchase is made in accordance with the [rules of procedure, of individual orders for items not scheduled for quantity purchasing, not to exceed $5,000 for each order, except for the repair, replacement and installation of parts for heavy equipment, not to exceed $15,000 for each order, at no higher prices than specified in the orders authorizing the local purchasing. The Administrator may authorize purchasing at higher prices if perishable articles are involved and to meet other emergency requirements.] State Administrative Manual created by NRS 232.004, provisions of this chapter and any regulations adopted pursuant thereto.

      2.  [The prices of the local purchases must be based on considerations of equal service and economy as compared with those in furnishing the same items of equal quality through the regular purchasing procedure.

      3.]  Each authorization must [:

 


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      (a) Be] be revocable [.

      (b) Specify the limit of spending for individual orders not to exceed $5,000, except for the repair, replacement and installation of parts referred to in subsection 1.

      (c) Specify the articles to be purchased.

      (d) Be operative for not longer than 1 year after the date of issue.

      4.]at the discretion of the Administrator.

      3.  A using agency that receives an authorization shall keep a record of:

      (a) Its accounts and expenditures pursuant to that authority; and

      (b) Evidence indicating that every effort has been made to secure competitive bidding to the extent practicable.

      Sec. 38. NRS 333.469 is hereby amended to read as follows:

      333.469  [1.]  Any agency, bureau, commission or officer of the Legislative Department or the Judicial Department of the State Government or the Nevada Wing of the Civil Air Patrol or any squadron thereof may obtain supplies, materials and equipment on a voluntary basis through the facilities of the Purchasing Division.

      [2.  From time to time the Administrator shall issue bulletins to all of such agencies, bureaus, commissions and officers indicating the supplies, materials and equipment available and the prices thereof.]

      Sec. 39. NRS 333.470 is hereby amended to read as follows:

      333.470  [1.]  The Nevada System of Higher Education, local governments as defined in NRS 354.474, conservation districts and irrigation districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the Purchasing Division.

      [2.  The Administrator shall issue bulletins from time to time to:

      (a) Each state agency;

      (b) Each local governmental agency;

      (c) Each irrigation district;

      (d) Each conservation district; and

      (e) The Nevada System of Higher Education,

Ê indicating the supplies, materials and equipment available and the prices thereof.

      3.  The specifications for all bids for supplies, materials or equipment to be furnished pursuant to the provisions of subsection 1 must be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.]

      Sec. 40. NRS 333.480 is hereby amended to read as follows:

      333.480  1.  Except as otherwise provided in subsection 2, the Administrator may purchase or acquire on behalf of the State of Nevada, and all officers, departments, institutions, boards, commissions, schools and other agencies in the Executive Department of the State Government, volunteer fire departments, local governments as defined in NRS 354.474, conservation districts or irrigation districts of the State of Nevada, any supplies, materials or equipment of any kind required or deemed advisable for the state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or local governments as defined in NRS 354.474, conservation districts or irrigation districts that may be available pursuant to an agreement with a vendor who has entered into an agreement with the General Services Administration or another [governmental] federal agency dealing in supplies, materials, equipment or donable surplus material if:

 


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      (a) The prices for the supplies, materials or equipment negotiated in the agreement that the Administrator enters into with the vendor are substantially similar to the prices for those supplies, materials or equipment that the vendor had negotiated with the General Services Administration or other [governmental] federal agency; and

      (b) The Administrator determines that such an agreement would be in the best interests of the State.

      2.  The Administrator shall not enter into an agreement pursuant to subsection 1 if a contractor’s license issued pursuant to chapter 624 of NRS is required for any portion of the agreement.

      Sec. 41. NRS 205.4737 is hereby amended to read as follows:

      205.4737  1.  “Computer contaminant” means any data, information, image, program, signal or sound that is designed or has the capability to:

      (a) Contaminate, corrupt, consume, damage, destroy, disrupt, modify, record or transmit; or

      (b) Cause to be contaminated, corrupted, consumed, damaged, destroyed, disrupted, modified, recorded or transmitted,

Ê any other data, information, image, program, signal or sound contained in a computer, system or network without the knowledge or consent of the person who owns the other data, information, image, program, signal or sound or the computer, system or network.

      2.  The term includes, without limitation:

      (a) A virus, worm or Trojan horse;

      (b) Spyware that tracks computer activity and is capable of recording and transmitting such information to third parties; or

      (c) Any other similar data, information, image, program, signal or sound that is designed or has the capability to prevent, impede, delay or disrupt the normal operation or use of any component, device, equipment, system or network.

      3.  As used in this section:

      (a) “On-line [bidding”] solicitation” has the meaning ascribed to it in NRS [332.047.] 332.025.

      (b) “Spyware” does not include:

             (1) An Internet browser;

             (2) Software for transmitting messages instantly that informs the user whether other users are on-line at the same time;

             (3) Software that is designed to detect or prevent the use of computer contaminants;

             (4) Software that is designed to detect fraudulent on-line [bidding;] solicitation;

             (5) Software that is designed to prevent children from accessing pornography on the Internet;

             (6) Software that conducts remote maintenance or repair of a computer or its systems;

             (7) Software that is designed to manage or to perform maintenance on a network of computers;

             (8) Software for media players; and

             (9) Software that authenticates a user.

      Secs. 42 and 43. (Deleted by amendment.)

      Sec. 44. NRS 281A.430 is hereby amended to read as follows:

      281A.430  1.  Except as otherwise provided in this section and NRS 218A.970 and 332.800, a public officer or employee shall not bid on or enter into a contract between an agency and any business entity in which the public officer or employee has a significant pecuniary interest.

 


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into a contract between an agency and any business entity in which the public officer or employee has a significant pecuniary interest.

      2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by such board, commission or body may, in the ordinary course of his or her business, bid on or enter into a contract with an agency, except the board, commission or body on which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.

      3.  A full- or part-time faculty member or employee of the Nevada System of Higher Education may bid on or enter into a contract with an agency, or may benefit financially or otherwise from a contract between an agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

      4.  Except as otherwise provided in subsection 2, 3 or 5, a public officer or employee may bid on or enter into a contract with an agency if:

      (a) The contracting process is controlled by the rules of open competitive bidding or the rules of open competitive bidding or for a solicitation are not employed as a result of the applicability of NRS 332.112 or 332.148;

      (b) The sources of supply are limited;

      (c) The public officer or employee has not taken part in developing the contract plans or specifications; and

      (d) The public officer or employee will not be personally involved in opening, considering or accepting offers.

Ê If a public officer who is authorized to bid on or enter into a contract with an agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose the public officer’s interest in the contract and shall not vote on or advocate the approval of the contract.

      5.  A member of a local legislative body shall not, either individually or through any business entity in which the member has a significant pecuniary interest, sell goods or services to the local agency governed by his or her local legislative body unless:

      (a) The member, or the business entity in which the member has a significant pecuniary interest, offers the sole source of supply of the goods or services within the territorial jurisdiction of the local agency governed by his or her local legislative body;

      (b) The local legislative body includes in the public notice and agenda for the meeting at which it will consider the purchase of such goods or services a clear and conspicuous statement that it is considering purchasing such goods or services from one of its members, or from a business entity in which the member has a significant pecuniary interest;

      (c) At the meeting, the member discloses his or her significant pecuniary interest in the purchase of such goods or services and does not vote upon or advocate the approval of the matter pursuant to the requirements of NRS 281A.420; and

      (d) The local legislative body approves the purchase of such goods or services in accordance with all other applicable provisions of law.

      6.  The Commission may relieve a public officer or employee from the strict application of the provisions of this section if:

 


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      (a) The public officer or employee files a request for an advisory opinion from the Commission pursuant to NRS 281A.675; and

      (b) The Commission determines that such relief is not contrary to:

             (1) The best interests of the public;

             (2) The continued ethical integrity of each agency affected by the matter; and

             (3) The provisions of this chapter.

      7.  For the purposes of subsection 6, the request for an advisory opinion, the advisory opinion and all meetings, hearings and proceedings of the Commission in such a matter are governed by the provisions of NRS 281A.670 to 281A.690, inclusive.

      Sec. 45. Section 10.2 of the Reno-Tahoe Airport Authority Act, being chapter 474, Statutes of Nevada 1977, as last amended by chapter 409, Statutes of Nevada 2001, at page 2005 is hereby amended to read as follows:

       Sec. 10.2.  1.  The Authority may enter into any concession agreement if the Board or its authorized representative reviews the agreement and determines it is in the best interest of the Authority. In making that determination, the Board or its authorized representative shall consider whether the proposed fees to be paid to the Authority for the privileges granted are conducive to revenue generation and providing high quality service to the traveling public.

       2.  Before entering into any concession agreement providing estimated revenue to the Authority of more than $25,000, the Authority must:

       (a) Comply with the [bidding] solicitation requirements of the Local Government Purchasing Act except the provisions of subsection 3 of NRS 332.105; or

       (b) Publish notice of its intention to enter the agreement in a newspaper of general circulation in the County at least three times during a period of 10 days. The notice must specify the date, time and place of a regular meeting of the Authority to be held after completion of the publication at which any interested person may appear.

       3.  The Board may authorize the Executive Director of the Authority to enter into any concession agreement on behalf of the Authority if the agreement provides estimated revenue to the Authority of $25,000 or less. Such an agreement is not subject to the provisions of subsection 2.

      Sec. 46. NRS 332.039 and 332.085 are hereby repealed.

      Sec. 47.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 789ê

 

CHAPTER 141, AB 88

Assembly Bill No. 88–Committee on Ways and Means

 

CHAPTER 141

 

[Approved: May 25, 2019]

 

AN ACT relating to education; extending the deadline for certain reports relating to the average daily enrollment of pupils made by a school district to the Department of Education; revising the content of certain quarterly reports made by a school district; revising the information required to be posted online by a school district; revising the manner in which a large school district is required to determine the allocation that will be made to each local school precinct for the next school year; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, each school district in the State must submit a report on the average daily enrollment of pupils for the immediately preceding quarter of the school year to the Department of Education on or before October 1, January 1, April 1 and July 1. (NRS 387.1223) Section 1 of this bill extends this deadline to 5 p.m. of the next business day if the due date falls on a Saturday, Sunday or legal holiday.

      Existing law requires the board of trustees of each school district to submit a quarterly report to the Department on the average daily attendance of pupils and to post such information on the Internet website maintained by the school district. (NRS 388.725) Section 3 of this bill requires the board of trustees of each school district to instead report the average daily enrollment of pupils to the Department and to post such information on the Internet website maintained by the school district. Section 2 of this bill makes a conforming change.

      Existing law sets forth the manner in which a large school district is required to determine the allocation that will be made to each local school precinct, which must be on a per pupil basis. (NRS 388G.670) Existing law requires the superintendent of schools of a large school district to inform each local school precinct on or before January 15 of each year of the estimated amount of money that will be allocated to the local school precinct for the next school year, based upon: (1) for an existing local school precinct, the actual number of pupils who attended the local school precinct as reported during the previous calendar quarter; or (2) for a new local school precinct, the estimated number of pupils who will attend the new school and the effect on any existing local school precinct. (NRS 388G.680) For purposes of this allocation, section 4 of this bill changes the measure for determining the number of pupils for existing local school precincts from actual numbers to estimates by the large school district, which is the same measure as is used for determining the number of pupils for a new local school precinct.

 

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 387.1223 is hereby amended to read as follows:

      387.1223  1.  On or before October 1, January 1, April 1 and July 1, each school district shall report to the Department, in the form prescribed by the Department, the average daily enrollment of pupils pursuant to this section for the immediately preceding quarter of the school year. If October 1, January 1, April 1 or July 1 falls on a Saturday, Sunday or legal holiday, the report may be submitted before 5 p.m.

 


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January 1, April 1 or July 1 falls on a Saturday, Sunday or legal holiday, the report may be submitted before 5 p.m. on the next business day.

      2.  Except as otherwise provided in subsection 3, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) The count of pupils enrolled in kindergarten and grades 1 to 12, inclusive, based on the average daily enrollment of those pupils during the quarter, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

             (2) The count of pupils not included under subparagraph (1) who are enrolled full-time in a program of distance education provided by that school district, a charter school located within that school district or a university school for profoundly gifted pupils, based on the average daily enrollment of those pupils during the quarter.

             (3) The count of pupils who reside in the county and are enrolled:

                   (I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.

                   (II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school or receiving a portion of his or her instruction from a participating entity, as defined in NRS 353B.750, based on the average daily enrollment of those pupils during the quarter.

             (4) The count of pupils not included under subparagraph (1), (2) or (3), who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive, based on the average daily enrollment of those pupils during the quarter and excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435.

             (5) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435, based on the average daily enrollment of those pupils during the quarter.

             (6) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570, based on the average daily enrollment of those pupils during the quarter.

             (7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 1 of NRS 388A.471, subsection 1 of NRS 388A.474, subsection 1 of NRS 392.074, or subsection 1 of NRS 388B.280 or any regulations adopted pursuant to NRS 388B.060 that authorize a child who is enrolled at a public school of a school district or a private school or a homeschooled child to participate in a class at an achievement charter school, based on the average daily enrollment of pupils during the quarter and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).

      (b) Adding the amounts computed in paragraph (a).

 


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      3.  Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district based on the average daily enrollment of pupils during the quarter of the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school based on the average daily enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the quarterly apportionments from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      4.  If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      5.  The Department shall prescribe a process for reconciling the quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.

      6.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      7.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.

      8.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

      Sec. 2. NRS 388.723 is hereby amended to read as follows:

      388.723  The Department shall:

      1.  Develop policies and procedures for:

      (a) Monitoring the plan of each school district to reduce the pupil-teacher ratio per class developed pursuant to NRS 388.720, which must include, without limitation, provisions for:

             (1) The review of each plan submitted to the State Board to ensure the adequacy of such plans; and

             (2) The review of any data submitted to the State Board pursuant to NRS 388.710.

      (b) Monitoring the quarterly reports concerning the average daily [attendance] enrollment of pupils and the pupil-teacher ratios in each school district submitted by the board of trustees of the school district pursuant to NRS 388.725 to ensure the completeness and accuracy of such reports.

      (c) The review of any requests for a variance submitted to the State Board pursuant to NRS 388.700, which must include, without limitation, provisions to verify the information in such requests to ensure the accuracy of the reports on variances submitted by the State Board to the Legislature pursuant to that section.

      (d) The distribution of money to each school district for the reduction of pupil-teacher ratios, which must include, without limitation, provisions for:

 


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ê2019 Statutes of Nevada, Page 792 (CHAPTER 141, AB 88)ê

 

             (1) The retention of all documents and records related to the distribution; and

             (2) The review of the work performed to determine the distribution of such money to ensure the accuracy of supporting information and the calculations used in making such determinations.

      2.  Provide guidance to the school districts on:

      (a) The development of a plan to reduce the pupil-teacher ratio per class pursuant to NRS 388.720. In developing such guidance, the Department shall:

             (1) Outline the criteria that each plan must include to meet the requirements of NRS 388.720.

             (2) Provide examples of policies, plans or strategies adopted by other states to reduce class sizes.

      (b) The requirements for reporting information related to the reduction of pupil-teacher ratios.

      (c) The data that must be monitored pursuant to NRS 388.710 by each school district and used to measure the effectiveness of the implementation of any plan to reduce pupil-teacher ratios.

      3.  Communicate with the board of trustees of each school district regarding the expectations of the Department for the use of any money distributed to reduce pupil-teacher ratios in the school district, including, without limitation, the minimum number of teachers the school district is expected to employ.

      Sec. 3. NRS 388.725 is hereby amended to read as follows:

      388.725  1.  On or before August 1, November 1, February 1 and May 1 of each year, the board of trustees of each school district shall report to the Department for the preceding quarter:

      (a) Except as otherwise provided in paragraph (b), the average daily [attendance] enrollment of pupils and the ratio of pupils per licensed teacher for grades 1, 2 and 3 for each elementary school in the school district.

      (b) If the State Board has approved an alternative class-size reduction plan for the school district pursuant to NRS 388.720, the average daily [attendance] enrollment of pupils and the ratio of pupils per licensed teacher for those grades which are required to comply with the alternative class-size reduction plan for each elementary school in the school district.

      2.  The board of trustees of each school district shall post on the Internet website maintained by the school district:

      (a) The information concerning average daily [attendance] enrollment and class size for each elementary school in the school district, as reported to the Department pursuant to subsection 1; and

      (b) An identification of each elementary school in the school district, if any, for which a variance from the prescribed pupil-teacher ratios was granted by the State Board pursuant to subsection 4 of NRS 388.700.

      Sec. 4. NRS 388G.680 is hereby amended to read as follows:

      388G.680  1.  On or before January 15 of each year, the superintendent shall inform each local school precinct of the estimated amount of money that will be allocated to the local school precinct for the next school year. The allocation must be based upon estimates by the large school district of the number of pupils in each category who will attend the local school precinct after applying the appropriate weight to each category of pupil as determined pursuant to NRS 388G.670.

 


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ê2019 Statutes of Nevada, Page 793 (CHAPTER 141, AB 88)ê

 

      2.  [Except as otherwise provided in subsections 3 and 4, the number and category of pupils must be determined based upon the report of the pupils attending each local school precinct for the previous calendar quarter pursuant to NRS 387.1223.

      3.]  If an additional local school precinct is added in the large school district, for the purpose of determining the first allocation for the new local school precinct, the large school district must estimate the number of pupils in each category who will attend the new local school precinct and the effect on any existing local school precinct. If the opening of a new local school precinct is anticipated to reduce the number of pupils who will attend another local school precinct, for purposes of determining the allocation, the number of pupils must be adjusted accordingly.

      [4.] 3.  The estimated amount of money allocated to each local school precinct for the next school year must be adjusted on or before November 1 of each year to reflect the actual number of pupils in each category who attend the local school precinct.

      Sec. 5.  This act becomes effective on July 1, 2019.

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CHAPTER 142, AB 107

Assembly Bill No. 107–Committee on Judiciary

 

CHAPTER 142

 

[Approved: May 25, 2019]

 

AN ACT relating to criminal procedure; establishing provisions relating to the electronic recording of certain custodial interrogations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires certain law enforcement agencies in this State to adopt detailed, written policies regarding the electronic recording of custodial interrogations that are conducted in a place of detention and to make such policies available: (1) to all law enforcement officers employed by such a law enforcement agency; and (2) for public inspection during normal business hours. Section 1 also sets forth the provisions that must be included in any such policies adopted by a law enforcement agency, including the circumstances in which all or a portion of a custodial interrogation is not required to be electronically recorded. Additionally, section 1 requires each law enforcement agency in this State that is required to adopt such policies to collaborate with the district attorney of the county in which the law enforcement agency is located regarding the contents of the policies.

      Section 2 of this bill provides that each law enforcement agency in this State that is required to adopt policies pursuant to section 1 must implement any adopted policies not later than April 1, 2020.

 

 

 

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 794 (CHAPTER 142, AB 107)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 171 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each law enforcement agency in this State shall adopt detailed, written policies regarding the electronic recording of custodial interrogations that are conducted in a place of detention.

      2.  Any policies adopted by a law enforcement agency pursuant to this section must be made available:

      (a) To all law enforcement officers employed by the law enforcement agency; and

      (b) For public inspection during normal business hours.

      3.  Any policies adopted by a law enforcement agency pursuant to this section must include, without limitation:

      (a) A requirement that, except as otherwise provided in any policy adopted pursuant to paragraph (c), an electronic recording must be made of an entire custodial interrogation which is conducted in a place of detention if the person being interrogated is suspected of committing homicide as described in NRS 200.010 to 200.260, inclusive, or sexual assault as defined in NRS 200.366.

      (b) A requirement that, except as otherwise provided in any policy adopted pursuant to paragraph (c), if a person being interrogated chooses to make or sign a written statement during the course of a custodial interrogation concerning a homicide as described in NRS 200.010 to 200.260, inclusive, or sexual assault as defined in NRS 200.366, the making and signing of the statement must be electronically recorded.

      (c) The circumstances in which all or a portion of a custodial interrogation is not required to be electronically recorded, including, without limitation, when:

             (1) An equipment malfunction prevents the electronic recording of the custodial interrogation in its entirety and replacement equipment is not immediately available.

             (2) The law enforcement officer conducting the custodial interrogation fails, in good faith, to record the interrogation because:

                   (I) He or she inadvertently fails to operate the recording equipment properly; or

                   (II) The recording equipment malfunctions or stops recording without the law enforcement officer’s knowledge.

             (3) More than one custodial interrogation is being conducted simultaneously, thereby exceeding the available electronic recording capacity of the recording equipment.

             (4) The person who is being or will be interrogated:

                   (I) Affirmatively asserts his or her desire to speak with law enforcement officers without being recorded;

                   (II) Makes a statement spontaneously and not in response to a question asked during the custodial interrogation;

                   (III) Makes a statement during routine questioning during the process of his or her arrest; or

 


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ê2019 Statutes of Nevada, Page 795 (CHAPTER 142, AB 107)ê

 

                   (IV) Makes a statement at a time when the law enforcement officer conducting the interrogation is, in good faith, unaware of the person’s involvement in a homicide as described in NRS 200.010 to 200.060, inclusive, a sexual assault as defined in NRS 200.366 or an offense for which a custodial interrogation is otherwise required to be electronically recorded in accordance with the policies adopted pursuant to this section.

             (5) At the time of the custodial interrogation, the law enforcement officer conducting the interrogation is, in good faith, unaware that the type of offense involved is a homicide as described in NRS 200.010 to 200.060, inclusive, a sexual assault as defined in NRS 200.366 or an offense for which a custodial interrogation is otherwise required to be electronically recorded in accordance with the policies adopted pursuant to this section.

             (6) Exigent circumstances make recording impractical.

      (d) Requirements pertaining to the retention and storage of electronic recordings made pursuant to this section.

      (e) The circumstances in which all or a portion of an electronic recording is not required to be retained, including, without limitation, when the electronic recording is damaged or destroyed, without bad faith on the part of any person or entity in control of the electronic recording.

      4.  Each law enforcement agency in this State shall collaborate with the district attorney of the county in which the law enforcement agency is located regarding the contents of the policies required to be adopted pursuant to this section.

      5.  As used in this section:

      (a) “Custodial interrogation” means any interrogation of a person who is required to be advised of his or her rights pursuant to Miranda v. Arizona, 384 U.S. 436 (1966).

      (b) “Electronic recording” means an audio or audiovisual recording.

      (c) “Interrogation” means questioning which is initiated by a law enforcement officer or any words or actions on the part of a law enforcement officer, other than those which are ordinarily attendant to arrest and custody, that the officer should know are reasonably likely to elicit an incriminating response from the person who is being questioned.

      (d) “Law enforcement agency” means:

             (1) The sheriff’s office of a county;

             (2) A metropolitan police department; or

             (3) A police department of an incorporated city.

      (e) “Place of detention” means a fixed location under the control of a law enforcement agency of this State where persons are questioned about alleged crimes.

      Sec. 2.  1.  Each law enforcement agency in this State shall implement any policies adopted pursuant to section 1 of this act not later than April 1, 2020.

      2.  As used in this section, “law enforcement agency” has the meaning ascribed to it in section 1 of this act.

      Sec. 3.  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.

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ê2019 Statutes of Nevada, Page 796ê

 

CHAPTER 143, AB 120

Assembly Bill No. 120–Assemblymen Krasner, Hambrick; and Spiegel

 

CHAPTER 143

 

[Approved: May 25, 2019]

 

AN ACT relating to crimes; revising provisions relating to the crime of sex trafficking; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes certain acts that constitute sex trafficking. A person who is guilty of sex trafficking: (1) an adult is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000; and (2) a child is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5, 10 or 15 years has been served, depending on the age of the child, and may be further punished by a fine of not more than $10,000 or $20,000, also depending on the age of the child. (NRS 201.300) This bill additionally provides that a person is guilty of sex trafficking if he or she receives anything of value with the specific intent of facilitating any act that constitutes sex trafficking.

 

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 201.300 is hereby amended to read as follows:

      201.300  1.  A person who without physical force or the immediate threat of physical force, induces an adult to unlawfully become a prostitute or to continue to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution is guilty of pandering which is a category C felony and shall be punished as provided in NRS 193.130. This subsection does not apply to the customer of a prostitute.

      2.  A person:

      (a) Is guilty of sex trafficking if the person:

             (1) Induces, causes, recruits, harbors, transports, provides, obtains or maintains a child to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (2) Induces, recruits, harbors, transports, provides, obtains or maintains a person by any means, knowing, or in reckless disregard of the fact, that threats, violence, force, intimidation, fraud, duress or coercion will be used to cause the person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (3) By threats, violence, force, intimidation, fraud, duress, coercion, by any device or scheme, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, induces, causes, compels or procures a person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution; [or]

 


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ê2019 Statutes of Nevada, Page 797 (CHAPTER 143, AB 120)ê

 

within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution; [or]

             (4) Takes or detains a person with the intent to compel the person by force, violence, threats or duress to marry him or her or any other person [.] ; or

             (5) Receives anything of value with the specific intent of facilitating a violation of this paragraph.

      (b) Who is found guilty of sex trafficking:

             (1) An adult is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

             (2) A child:

                   (I) If the child is less than 14 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served, and may be further punished by a fine of not more than $20,000.

                   (II) If the child is at least 14 years of age but less than 16 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

                   (III) If the child is at least 16 years of age but less than 18 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served, and may be further punished by a fine of not more than $10,000.

      3.  A court shall not grant probation to or suspend the sentence of a person convicted of sex trafficking a child pursuant to subsection 2.

      4.  Consent of a victim of pandering or sex trafficking to an act of prostitution is not a defense to a prosecution for any of the acts prohibited by this section.

      5.  In a prosecution for sex trafficking a child pursuant to subsection 2, it is not a defense that the defendant did not have knowledge of the victim’s age, nor is reasonable mistake of age a valid defense to a prosecution conducted pursuant to subsection 2.

      Sec. 2. (Deleted by amendment.)

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ê2019 Statutes of Nevada, Page 798ê

 

CHAPTER 144, AB 240

Assembly Bill No. 240–Assemblymen Daly, Peters, Benitez-Thompson, Kramer; Krasner and Tolles

 

Joint Sponsors: Senators Ratti and Kieckhefer

 

CHAPTER 144

 

[Approved: May 25, 2019]

 

AN ACT relating to regional planning; requiring representatives from certain counties and cities to meet jointly for a specified period to identify issues and make recommendations regarding the orderly management of growth in their region; requiring such counties, in consultation with such cities, to prepare certain reports individually and jointly during that period; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill requires Carson City, Douglas County, Lyon County, Storey County and Washoe County, in consultation with any cities within each such county, to each prepare a report for submission to each Legislator who represents any portion of the county at the end of each calendar year between July 1, 2019, and December 31, 2022, that identifies issues relating to and makes recommendations regarding the orderly management of growth in those counties, including cities within those counties, and the region that those counties comprise. This bill authorizes each such county and city to consult with and solicit input from other entities in the county in preparing the annual report. This bill also requires certain representatives of these counties and cities to: (1) meet jointly at least twice in each calendar year during the period between January 1, 2020, and December 1, 2023, to identify and discuss issues relating to the orderly management of growth in the region, including issues identified in the annual reports; and (2) prepare annual joint reports relating to those meetings for submission to each Legislator who represents any portion of such a county and to the Legislative Commission. This bill requires the final annual joint report to comprehensively address all the issues identified and recommendations made by the counties and cities in the region during the period between January 1, 2020, and December 1, 2023, relating to the orderly management of growth in the region.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislature hereby finds and declares that:

      (a) The region of Carson City, Douglas County, Lyon County, Storey County and Washoe County is a unique, contiguous geographical area that comprises the northwestern border of Nevada.

      (b) As part of the fastest-growing state in the nation, the population of this region has increased rapidly in recent years, especially as a result of the location of substantial economic development projects in the region.

      (c) This increased population and economic development activity has a significant impact on resources beyond the boundaries of individual political subdivisions, affecting the region in such areas as transportation, land use development and public services and facilities.

 


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ê2019 Statutes of Nevada, Page 799 (CHAPTER 144, AB 240)ê

 

      (d) Because of the unique conditions in the region, a general law cannot be made applicable and necessitates this special act to require discussion and planning for the orderly management of growth in the region in a collaborative and structured manner by the counties and cities in the region for the well-being of the residents as well as the long-term economic development of the region.

      2.  On or before December 31 of each calendar year during the period between July 1, 2019, and December 31, 2022, each county in the region, in consultation with any cities within each such county, shall prepare and submit to each Legislator who represents any portion of the county a separate report that:

      (a) Identifies issues relating to the orderly management of growth in the county, including cities within the county, and the region, including, without limitation, issues in the following areas:

             (1) Conservation, including, without limitation, the use and protection of natural resources;

             (2) Population, including, without limitation, projected population growth and the projected resources necessary to support that population;

             (3) Land use and development;

             (4) Transportation; and

             (5) Public facilities and services, including, without limitation, roads, water and sewer service, flood control, police and fire protection, mass transit, libraries and parks.

      (b) Makes recommendations regarding those issues.

      3.  In preparing the report required by subsection 2, each county in the region and any city within such a county may consult with and solicit input concerning issues relating to the orderly management of growth in the county, city or region from other entities in the county, including, without limitation, the school district and any town, airport authority, regional transportation commission, water authority, military base, flood control agency, public safety agency or Indian colony or tribe in the county.

      4.  During the period between January 1, 2020, and December 1, 2023, the county manager of each county in the region or his or her designee, or if a county manager is not appointed pursuant to NRS 244.125, a person designated by the board of county commissioners of the county, and the city manager of each city in the region or his or her designee or, if the city does not have a city manager, a person designated by the governing body of the city, shall meet jointly at least twice during each calendar year in that period to identify and discuss issues relating to the orderly management of growth in the region, including, without limitation, the issues identified and recommendations made in the reports prepared pursuant to subsection 2.

      5.  Except as otherwise provided in this subsection, on or before December 1 of each calendar year during the period between January 1, 2020, and December 1, 2023, the counties in the region, in consultation with the cities in the region, shall prepare a joint report of the issues identified during the meetings held pursuant to subsection 4 during that calendar year and any recommendations made relating to those issues and submit the report to each Legislator who represents any portion of a county in the region and to the Legislative Commission. The joint report that must be submitted on or before December 1, 2023, must address comprehensively all the issues identified and recommendations made by the counties and cities in the region during the period between January 1, 2020, and December 1, 2023, relating to the orderly management of growth in the region.

 


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ê2019 Statutes of Nevada, Page 800 (CHAPTER 144, AB 240)ê

 

during the period between January 1, 2020, and December 1, 2023, relating to the orderly management of growth in the region.

      6.  As used in this section, “region” means the combined geographical area consisting of Carson City, Douglas County, Lyon County, Storey County and Washoe County.

      Sec. 2.  This act becomes effective on July 1, 2019, and expires by limitation on December 31, 2023.

________

CHAPTER 145, AB 248

Assembly Bill No. 248–Assemblymen Frierson, Monroe-Moreno, Flores; Jauregui, Neal, Swank and Thompson

 

CHAPTER 145

 

[Approved: May 25, 2019]

 

AN ACT relating to settlement agreements; prohibiting settlement agreements from containing provisions that prohibit or restrict a party from disclosing certain information relating to conduct that would qualify as a sexual offense under certain circumstances or discrimination on the basis of sex or a retaliation claim thereof under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill prohibits a settlement agreement from containing provisions that prohibit or restrict a party from disclosing certain information relating to a civil or administrative action, if such an action relates to conduct that would otherwise qualify as a sexual offense punishable as a felony under certain circumstances, discrimination on the basis of sex by an employer or a landlord or an act of retaliation by such an employer or a landlord for a claim of discrimination thereof. This bill makes any such provision void and unenforceable if it is contained within a settlement agreement entered into on or after July 1, 2019. This bill also prohibits a court from entering any order that prohibits or restricts the disclosure of such factual information.

      This bill authorizes a claimant to request a provision within such a settlement agreement that shields his or her identity from public disclosure. If such a request is made, this bill requires the settlement agreement to contain a provision concerning the claimant’s anonymity. This bill does not prohibit a settlement agreement from containing provisions that prohibit a party from disclosing the settlement amount. This bill also does not prohibit a court from determining the factual basis of the civil action. This bill exempts a settlement agreement that results from successful mediation or conciliation by the Nevada Equal Rights Commission from the requirements of this bill 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. Chapter 10 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise provided in NRS 233.190:

 


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ê2019 Statutes of Nevada, Page 801 (CHAPTER 145, AB 248)ê

 

      1.  A settlement agreement must not contain a provision that prohibits or otherwise restricts a party from disclosing factual information relating to a claim in a civil or administrative action if the claim relates to any of the following:

      (a) Conduct that if criminal liability were imposed would constitute a sexual offense pursuant to NRS 179D.097 and would be punishable as a felony, regardless of whether there was a criminal investigation, prosecution or conviction of such conduct;

      (b) Discrimination on the basis of sex by an employer or a landlord; or

      (c) Retaliation by an employer or a landlord against the claimant for his or her reporting of discrimination on the basis of sex.

      2.  If a settlement agreement is entered into on or after July 1, 2019, any provision in such an agreement that prohibits or otherwise restricts a party from disclosing factual information pursuant to subsection 1 is void and unenforceable.

      3.  A court shall not enter an order that prohibits or otherwise restricts the disclosure of factual information in a manner that conflicts with subsection 1.

      4.  Except as otherwise provided in subsection 5, upon the request of the claimant, the settlement agreement must contain a provision that prohibits the disclosure of:

      (a) The identity of the claimant; and

      (b) Any facts relating to the action that could lead to the disclosure of the identity of the claimant.

      5.  If a governmental agency or a public officer is a party to the settlement agreement pursuant to subsection 1, a claimant shall not request and the settlement agreement must not contain a provision pursuant to subsection 4.

      6.  Nothing in this section shall be construed to prohibit:

      (a) A court from considering any pleading or other record to determine the factual basis of a civil claim pursuant to subsection 1; or

      (b) An entry or enforcement of a provision in a settlement agreement pursuant to subsection 1 that prohibits disclosure by a party of the settlement amount.

      7.  As used in this section:

      (a) “Claimant” means a person who filed a claim in a civil action or an administrative action pursuant to subsection 1.

      (b) “Employer” has the meaning ascribed to it in NRS 33.220.

      (c) “Landlord” means an owner of real property, or the owner’s representative, who provides a dwelling unit on the real property for occupancy by another for valuable consideration.

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

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ê2019 Statutes of Nevada, Page 802ê

 

CHAPTER 146, AB 270

Assembly Bill No. 270–Assemblywoman Peters

 

CHAPTER 146

 

[Approved: May 25, 2019]

 

AN ACT relating to transportation; authorizing a regional transportation commission to sell certain property acquired through eminent domain proceedings or threat thereof at a public auction; authorizing certain public transit systems to provide microtransit services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a regional transportation commission, under certain circumstances, to exercise the power of eminent domain. (NRS 277A.250) Section 1 of this bill, with limited exception, authorizes a regional transportation commission to sell at a public auction property acquired through eminent domain proceedings or purchased under the threat of eminent domain proceedings that is no longer needed for public use. Section 2 of this bill makes a conforming change.

      Existing law authorizes a public transit system established in a county whose population is less than 700,000 to: (1) provide transportation services that deviate from the regular routes and fixed schedules of the public transit system if the deviation does not exceed one-half mile; and (2) provide transportation to certain persons upon request without regard to regular routes or fixed schedules of the public transit system by a common motor carrier which has a certificate of public convenience and necessity issued by the Nevada Transportation Authority and is subject to the rules and regulations adopted by the Nevada Transportation Authority. (NRS 277A.280) Section 1.5 of this bill additionally authorizes such a public transit system to provide transportation to certain persons upon request and without regard to regular routes or fixed schedules by use of microtransit, which is transportation by a multipassenger vehicle that carries fewer passengers than the vehicles normally used on regular routes and is dispatched through a digital network or software application service.

 

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 277A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 37.270 and except as otherwise provided by federal law, all real property, interests therein or improvements thereon and personal property acquired by a commission pursuant to chapter 37 of NRS or purchased under the threat of eminent domain proceedings may, after approval by the commission and if no longer needed for reasonable public use, be disposed of in accordance with the provisions of subsection 2, except that:

      (a) If the property was originally donated to the commission, no charge may be made if the property is returned to the original owner or to the holder of the reversionary right.

      (b) If in the opinion of the commission, a sale by means of a public auction or sealed bids is uneconomical or impractical because:

 


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ê2019 Statutes of Nevada, Page 803 (CHAPTER 146, AB 270)ê

 

             (1) There is no access to the property;

             (2) The property has value or an increased value only to a single adjoining property owner;

             (3) Such a sale would work an undue hardship upon a property owner as a result of a severance of the property of that owner or a denial of access to a public street or highway; or

             (4) The property is too small to establish an economically viable use by anyone other than an adjoining property owner,

Ê the commission may sell, lease, convey or otherwise dispose of the property for a reasonable price as determined by resolution to be in the best interest of the commission.

      (c) When the property is sought by another public agency for a reasonable public use, the commission may first offer the property to the public agency at its fair market value pursuant to NRS 277.050.

      2.  All property, interests or improvements not included within the provisions of paragraph (a), (b) or (c) of subsection 1 must first be offered for sale by the commission singly or in combination at public auction or by sealed bids. If the highest bid received is 90 percent or more of the commission’s appraisal of the fair market value of the property, the property may be sold to the highest bidder. The notice and the terms of the sale must be published in a newspaper of general circulation in the county where the property is situated. The auction and opening of bids must be conducted by the commission. If the property cannot be sold for 90 percent or more of its fair market value, the commission may enter into a written listing agreement with a person licensed pursuant to chapter 645 of NRS to sell, lease, convey or otherwise dispose of the property for a reasonable price as determined by resolution to be in the best interest of the commission.

      3.  It is conclusively presumed in favor of the commission and any purchaser for value that the commission acted within its lawful authority in acquiring and disposing of the property, and executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature, and the commission shall not warrant title, furnish title insurance or pay the tax on transfer of real property.

      4.  No person has a right of action against the commission or its employees for a violation of this section.

      5.  The commission may reserve and except easements, rights or interests from the conveyance of any real property disposed of in accordance with this section. The easements, rights or interests include, without limitation:

      (a) Abutter’s rights of light, view or air.

      (b) Easements of access to and from abutting land.

      (c) Covenants prohibiting the use of signs, structures or devices advertising activities not conducted, services not rendered or goods not produced or available on the real property.

      Sec. 1.5. NRS 277A.280 is hereby amended to read as follows:

      277A.280  1.  A commission, a county whose population is less than 100,000 or a city within such a county may establish or operate a public transit system consisting of:

      (a) Regular routes and fixed schedules to serve the public;

      (b) Nonemergency medical transportation of persons to facilitate their participation in jobs and day training services as defined in NRS 435.176, if the transportation is available upon request and without regard to regular routes or fixed schedules;

 


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ê2019 Statutes of Nevada, Page 804 (CHAPTER 146, AB 270)ê

 

      (c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or

      (d) In a county whose population is less than 100,000 or a city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

      2.  A commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.

      3.  In a county whose population is less than 700,000, such a system may also provide service which includes:

      (a) Minor deviations from the regular routes and fixed schedules required by paragraph (a) of subsection 1 on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.

      (b) The transporting of persons other than those specified in paragraph (b), (c) or (d) of subsection 1 upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the Nevada Transportation Authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the Nevada Transportation Authority for a fully regulated carrier.

      (c) The transporting of persons other than those specified in paragraph (b), (c) or (d) of subsection 1 upon request without regard to regular routes or fixed schedules if the service is provided by microtransit.

      4.  Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost-effective method of constructing the project on schedule and in satisfaction of its transportation objectives.

      5.  Notwithstanding the provisions of chapter 332 of NRS, a commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project, rolling stock for a public transit system, facilities and any other equipment that is related to public transportation. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.

      6.  If a commission develops a fixed guideway project, the Department of Transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.

      7.  As used in this section:

      (a) “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the Nevada Transportation Authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the Nevada Transportation Authority.

 


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ê2019 Statutes of Nevada, Page 805 (CHAPTER 146, AB 270)ê

 

      (b) “Microtransit” means transportation by a multipassenger vehicle that carries fewer passengers than the vehicles normally used on regular routes and is dispatched through a digital network or software application service.

      (c) “Minimum operable segment” means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.

      [(c)](d) “Turnkey procurement” means a competitive procurement process by which a person is selected by a commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

      Sec. 2. NRS 37.260 is hereby amended to read as follows:

      37.260  1.  Except as otherwise provided in NRS 37.270, any real property, interest therein or improvement thereon which has been acquired in accordance with the provisions of this chapter or purchased under the threat of eminent domain proceedings by an association, commission, corporation, partnership or political subdivision other than a county , [or] incorporated city or regional transportation commission created pursuant to NRS 277A.170 may be disposed of as surplus by that entity only in accordance with the provisions of this section.

      2.  The governing body of the entity desiring to dispose of the property pursuant to this section must first adopt a resolution declaring that the property is no longer required for the purposes for which it was acquired or for other reasonable public use.

      3.  The property, interest or improvement disposed of pursuant to this section must be sold by the entity to the highest bidder bidding for the property, either at public auction or by sealed bids, the notice and terms of which must be published in a newspaper of general circulation in the county where the property is situated at least once not less than 15 nor more than 45 days before the sale. When, in the opinion of the governing body of the entity, the property cannot be sold by means of public auction or sealed bids without working an undue hardship upon a property owner either as a result of a severance of that owner’s property or a denial of access to a public street or highway, the governing body may first offer the property to that owner at a price determined by the governing body to be in the best interest of the corporation, partnership, association, commission or political subdivision.

      4.  If property is disposed of pursuant to this section, it is conclusively presumed in favor of any purchaser for value and without notice of any such real property, interest therein or improvement thereon conveyed pursuant to this section that the entity disposing of it acted within its lawful authority in acquiring and disposing of the property, and that the officers thereof acted within their lawful authority in executing any conveyance vesting title in the purchaser. All such conveyances must be quitclaim in nature and must not carry any warranty of title.

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ê2019 Statutes of Nevada, Page 806ê

 

CHAPTER 147, AB 274

Assembly Bill No. 274–Assemblymen Neal; Torres and Watts

 

CHAPTER 147

 

[Approved: May 25, 2019]

 

AN ACT relating to governmental administration; revising provisions governing the disclosure of information relating to complaints filed with the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation; revising provisions governing the protections against reprisal or retaliatory action provided for a state or local governmental officer or employee who discloses certain governmental action; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Equal Rights Commission is created under existing law within the Department of Employment, Training and Rehabilitation. (NRS 233.030) Among other duties, the Commission accepts, processes and resolves complaints alleging unlawful discriminatory practices in employment, housing and public accommodations. (NRS 233.157, 233.165, 233.170) With certain exceptions, existing law makes any information gathered by the Commission in the course of its investigation of an alleged unlawful discriminatory practice confidential. Existing law authorizes the disclosure of such information to any governmental entity as appropriate or necessary to carry out its duties. (NRS 233.190) Section 1 of this bill: (1) limits access to information related to a complaint filed with the Commission to such staff of the Commission as are necessary to carry out the duties of the Commission relating to the complaint; and (2) prohibits such staff from disclosing the information to other officers and employees of the Department of Employment, Training and Rehabilitation unless the disclosure is necessary to carry out the duties of the Commission relating to the complaint.

      Existing law encourages state and local governmental officers and employees to disclose action taken by a state or local governmental officer or employee in the performance of his or her official duties which is: (1) a violation of a state law or local ordinance; (2) an abuse of authority; (3) of substantial and specific danger to the public health or safety; or (4) a gross waste of public money. Existing law protects the rights of a state or local governmental officer or employee who makes such a disclosure, commonly known as a whistleblower. (NRS 281.611-281.671) Section 2 of this bill makes the placement of false information in the personnel file of a state or local governmental officer or employee who discloses improper governmental action a form of reprisal or retaliatory action.

      Existing law prohibits a state or local governmental officer or employee from using or attempting to use his or her official authority or influence to intimidate, threaten, coerce, command or influence another state or local governmental officer or employee in an effort to interfere with or prevent the disclosure of information concerning improper governmental action. (NRS 281.631) Section 2.5 of this bill clarifies that this prohibition includes using or attempting to use official authority or influence to intimidate, threaten, coerce, command or influence another state or local governmental officer or employee to take reprisal or retaliatory action. Section 2.5 also requires a state or local governmental officer or employee to use his or her official authority or influence to remedy any reprisal or retaliatory action of which the officer or employee becomes aware.

      Existing law authorizes a local government to enact by ordinance procedures that provide greater protection to local governmental officers and employees against reprisal and retaliation for the disclosure of improper governmental action than the protections provided in existing law. (NRS 281.635) Section 3 of this bill: (1) makes it mandatory for a local government to enact procedures that provide at least the same amount of protection against reprisal and retaliation as is provided in existing law; and (2) authorizes such procedures to provide greater protection than the protection provided in existing law.

 


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ê2019 Statutes of Nevada, Page 807 (CHAPTER 147, AB 274)ê

 

it mandatory for a local government to enact procedures that provide at least the same amount of protection against reprisal and retaliation as is provided in existing law; and (2) authorizes such procedures to provide greater protection than the protection provided in existing law.

      Existing law authorizes a hearing officer who hears an appeal relating to a reprisal or retaliatory action against a state or local governmental officer or employee for disclosing improper government action to issue an order directing the proper person to desist and refrain from engaging in an action determined to be a reprisal or retaliatory action. (NRS 281.641, 281.645) Sections 4 and 5 of this bill authorize the filing of an appeal with a hearing officer for violations of the provisions relating to use of official authority or influence. Sections 4 and 5 additionally authorize such a hearing officer to order the termination of the employment of the proper person.

      Existing law requires certain persons to annually make available to each state or local governmental officer or employee a written summary of the provisions of existing law concerning reprisal or retaliatory action against a state or local governmental officer or employee who discloses improper governmental action. (NRS 281.661) Section 6 of this bill requires this written summary to be: (1) developed by the Division of Human Resource Management of the Department of Administration and clearly explain the relevant provisions in existing law, including any action that a hearing officer is authorized to take if the hearing officer determines that reprisal or retaliatory action was taken; and (2) provided within 30 days after the commencement of employment, in addition to being provided annually. Section 6 also authorizes, in lieu of the written summary, the viewing of a video recording developed by the Division of Human Resource Management that clearly explains the relevant provisions in existing law. Section 6 requires the Division and the administrative head of a local government to obtain written confirmation that employees received the summary or viewed the video as required.

 

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 233.190 is hereby amended to read as follows:

      233.190  1.  Except as otherwise provided in this section or NRS 239.0115, any information gathered by the Commission in the course of its investigation of an alleged unlawful discriminatory practice in housing, employment or public accommodations is confidential.

      2.  [The] Except as otherwise provided in subsection 5, the Commission may disclose information gathered pursuant to subsection 1 to:

      (a) Any governmental entity as appropriate or necessary to carry out its duties pursuant to this chapter; or

      (b) To any other person if the information is provided in a manner which does not include any information that may be used to identify the complainant, the party against whom the unlawful discriminatory practice is alleged or any person who provided information to the Commission during the investigation.

      3.  Except as otherwise provided in subsection 4, the Commission shall disclose information gathered pursuant to subsection 1 to the complainant and the party against whom the unlawful discriminatory practice is alleged if:

      (a) Each has consented to such disclosure; or

      (b) The Commission has determined to conduct a hearing on the matter or apply for a temporary restraining order or an injunction or an action has been filed in court concerning the complaint.

 


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      4.  The Commission may not disclose to the complainant or the party against whom the unlawful discriminatory practice is alleged:

      (a) Any information obtained during negotiations for a settlement or attempts at mediating or conciliating the complaint.

      (b) Any investigative notes or reports made by the Commission.

      (c) Any information that may be used to identify a person who provided information to the Commission during the investigation and who has requested anonymity.

      5.  After the filing of a complaint with the Commission, access to information related to the complaint must be limited only to such staff of the Commission as is necessary to carry out the duties of the Commission relating to the complaint. Such staff shall not disclose such information to the other officers and employees of the Department of Employment, Training and Rehabilitation, including, without limitation, supervisors and the Director of the Department, unless the disclosure is necessary to carry out the duties of the Commission relating to the complaint.

      6.  Except as otherwise provided in this section or NRS 239.0115, if the Commission’s attempts at mediating or conciliating the cause of the grievance succeed, the information gathered pursuant to subsection 1 must remain confidential.

      [6.] 7.  If the Commission proceeds with a hearing or applies for injunctive relief, confidentiality concerning any information, except negotiations for a settlement or attempts at mediating or conciliating the cause of the grievance, is no longer required.

      Sec. 2. NRS 281.611 is hereby amended to read as follows:

      281.611  As used in NRS 281.611 to 281.671, inclusive, unless the context otherwise requires:

      1.  “Improper governmental action” means any action taken by a state officer or employee or local governmental officer or employee in the performance of the officer’s or employee’s official duties, whether or not the action is within the scope of employment of the officer or employee, which is:

      (a) In violation of any state law or regulation;

      (b) If the officer or employee is a local governmental officer or employee, in violation of an ordinance of the local government;

      (c) An abuse of authority;

      (d) Of substantial and specific danger to the public health or safety; or

      (e) A gross waste of public money.

      2.  “Local government” means a county in this State, an incorporated city in this State and Carson City.

      3.  “Local governmental employee” means any person who performs public duties under the direction and control of a local governmental officer for compensation paid by or through a local government.

      4.  “Local governmental officer” means a person elected or appointed to a position with a local government that involves the exercise of a local governmental power, trust or duty, including:

      (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of local governmental policy;

      (b) The expenditure of money of a local government; and

      (c) The enforcement of laws and regulations of the State or a local government.

 


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      5.  “Reprisal or retaliatory action” includes:

      (a) The denial of adequate personnel to perform duties;

      (b) Frequent replacement of members of the staff;

      (c) Frequent and undesirable changes in the location of an office;

      (d) The refusal to assign meaningful work;

      (e) The issuance of letters of reprimand or evaluations of poor performance;

      (f) A demotion;

      (g) A reduction in pay;

      (h) The denial of a promotion;

      (i) A suspension;

      (j) A dismissal;

      (k) A transfer;

      (l) Frequent changes in working hours or workdays; [or]

      (m) If the employee is licensed or certified by an occupational licensing board, the filing with that board, by or on behalf of the employer, of a complaint concerning the employee [,] ; or

      (n) Knowingly placing false information, including, without limitation, a false complaint, in the personnel file of the employee,

Ê if such action is taken, in whole or in part, because the state officer or employee or local governmental officer or employee disclosed information concerning improper governmental action.

      6.  “State employee” means any person who performs public duties under the direction and control of a state officer for compensation paid by or through the State.

      7.  “State officer” means a person elected or appointed to a position with the State which involves the exercise of a state power, trust or duty, including:

      (a) Actions taken in an official capacity which involve a substantial and material exercise of administrative discretion in the formulation of state policy;

      (b) The expenditure of state money; and

      (c) The enforcement of laws and regulations of the State.

      Sec. 2.5. NRS 281.631 is hereby amended to read as follows:

      281.631  1.  A state officer or employee and a local governmental officer or employee [shall] :

      (a) Shall use the official authority or influence of the officer or employee to remedy any reprisal or retaliatory action of which the officer or employee becomes aware.

      (b) Shall not [directly] :

             (1) Directly or indirectly use or attempt to use the official authority or influence of the officer or employee to intimidate, threaten, coerce, command, influence or attempt to intimidate, threaten, coerce, command or influence another state officer or employee or another local governmental officer or employee, as applicable, in an effort to interfere with or prevent the disclosure of information concerning improper governmental action [.] , including, without limitation, by intimidating, threatening, coercing, commanding, influencing or attempting to intimidate, threaten, coerce, command or influence the other officer or employee to take reprisal or retaliatory action.

 


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             (2) Fail to use the official authority or influence of the officer or employee to remedy any reprisal or retaliatory action of which the officer or employee becomes aware.

      2.  For the purposes of this section, use of “official authority or influence” includes taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, evaluation or other disciplinary action.

      Sec. 3. NRS 281.635 is hereby amended to read as follows:

      281.635  A local government [may enact] shall, by ordinance , enact procedures that provide [greater] at least the same amount of protection to local governmental officers and employees against reprisal and retaliation for the disclosure of improper governmental action [than the protection] as is provided in NRS 281.611 to 281.671, inclusive. Such procedures may provide greater protection to local governmental officers and employees than the protection provided in NRS 281.611 to 281.671, inclusive.

      Sec. 4. NRS 281.641 is hereby amended to read as follows:

      281.641  1.  If any alleged violation of NRS 281.631 occurs or any alleged reprisal or retaliatory action is taken against a state officer or employee who discloses information concerning improper governmental action within 2 years after the information is disclosed, the state officer or employee may file a written appeal with a hearing officer of the Personnel Commission for a determination of whether a violation of NRS 281.631 occurred or the action taken was a reprisal or retaliatory action [.] , as applicable. The written appeal must be accompanied by a statement that sets forth with particularity [:] , as applicable:

      (a) The facts and circumstances relating to the alleged violation of NRS 281.631; or

      (b) The facts and circumstances under which the disclosure of improper governmental action was made [;] and

      [(b) The] the reprisal or retaliatory action that is alleged to have been taken against the state officer or employee.

Ê The hearing must be conducted in accordance with the procedures set forth in NRS 284.390 to 284.405, inclusive, and the procedures adopted by the Personnel Commission pursuant to subsection [4.] 5.

      2.  If the hearing officer determines that a violation of NRS 281.631 occurred or the action taken was a reprisal or retaliatory action, the hearing officer may issue an order directing :

      (a) [the] The proper person to desist and refrain from engaging in such a violation or action [.] ; or

      (b) The termination of the employment of the proper person.

      3.  The hearing officer shall file a copy of the decision with the Governor or any other elected state officer who is responsible for the actions of that person.

      [3.] 4.  The hearing officer may not rule against the state officer or employee based on the person or persons to whom the improper governmental action was disclosed.

      [4.] 5.  The Personnel Commission may adopt rules of procedure for conducting a hearing pursuant to this section that are not inconsistent with the procedures set forth in NRS 284.390 to 284.405, inclusive.

      [5.]6.  As used in this section, “Personnel Commission” means the Personnel Commission created by NRS 284.030.

 


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      Sec. 5. NRS 281.645 is hereby amended to read as follows:

      281.645  1.  A local government shall, by ordinance, establish procedures for hearing an appeal from a local governmental officer or employee who [:] alleges a violation of NRS 281.631 occurred or who:

      (a) Disclosed information concerning improper governmental action; and

      (b) Believes that as a result of that disclosure, a reprisal or retaliatory action has been taken against the local governmental officer or employee,

Ê to determine whether a violation of NRS 281.631 occurred or whether a reprisal or retaliatory action has been taken against the local governmental officer or employee. The procedures must allow a local governmental officer or employee to file an appeal not later than 2 years after the information is disclosed or the disclosure of which has been prevented or interfered with and require the local governmental officer or employee who desires to file an appeal to file the appeal within 60 days after the alleged violation of NRS 281.631 occurred or the alleged reprisal or retaliatory action was taken against the local governmental officer or employee.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Prescribe the required contents of an appeal;

      (b) Provide for the designation or appointment of hearing officers to hear such appeals; and

      (c) Provide that if a hearing officer determines that a violation of NRS 281.631 occurred or the action taken was a reprisal or retaliatory action, the hearing officer may issue an order directing :

             (1) [the] The proper person to desist and refrain from engaging in such a violation or action [.] ; or

             (2) The termination of the employment of the proper person.

      Sec. 6. NRS 281.661 is hereby amended to read as follows:

      281.661  [Each year:]

      1.  The Administrator of the Division of Human Resource Management of the Department of Administration shall [make available to] obtain written confirmation that each state officer and employee [; and] , not later than 30 days after commencing employment and annually thereafter, received a written summary or viewed a video recording that clearly explains the provisions of NRS 281.611 to 281.671, inclusive, including, without limitation, any action that a hearing officer is authorized to take if the hearing officer determines that reprisal or retaliatory action was taken.

      2.  The administrative head of a local government shall [make available to] obtain written confirmation that each local governmental officer or employee,

[Ê] not later than 30 days after commencing employment and annually thereafter, received a written summary or viewed a video recording that clearly explains the provisions of NRS 281.611 to 281.671, inclusive [.] , including, without limitation, any action that a hearing officer is authorized to take if the hearing officer determines reprisal or retaliatory action was taken.

      3.  The Division of Human Resource Management shall develop and revise as necessary the written summary and video recording described in subsections 1 and 2.

      Sec. 7.  This act becomes effective upon passage and approval.

________

 


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ê2019 Statutes of Nevada, Page 812ê

 

CHAPTER 148, SB 291

Senate Bill No. 291–Senator Ratti

 

Joint Sponsor: Assemblywoman Gorelow

 

CHAPTER 148

 

[Approved: May 25, 2019]

 

AN ACT relating to public health; requiring the testing of infants for certain preventable or inheritable disorders; requiring the State Public Health Laboratory to report during a hearing about the reasons for any increased charges for performing such tests; repealing a provision requiring the Division of Public and Behavioral Health of the Department of Health and Human Services to enter into a contract for the provision of certain services of a laboratory; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Health, upon the recommendation of the Chief Medical Officer, to adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders. (NRS 442.008) Section 1 of this bill generally requires testing for each disorder recommended by the Health Resources and Services Administration of the United States Department of Health and Human Services by not later than 4 years after the recommendation is made. Section 1 authorizes the exclusion of such a disorder from the required testing upon a request by the Chief Medical Officer or the person in charge of the State Public Health Laboratory based on: (1) insufficient funding to conduct testing for the disorder; or (2) insufficient resources to address the results of the examination and test. Section 1 additionally requires any required examinations and tests that must be performed by a laboratory to be sent to the State Public Health Laboratory. If the State Public Health Laboratory increases the amount charged for such examinations and tests, section 1 requires the Division of Public and Behavioral Health of the Department of Health and Human Services to hold a hearing during which the State Public Health Laboratory must provide a written and verbal fiscal analysis of the reasons for the increased charges.

      Under existing law, if the State Board of Health requires the Division to provide the services of a laboratory for the required testing of infants for preventable and inheritable disorders, the Division is required to contract with the State Public Health Laboratory unless: (1) the State Public Health Laboratory is not capable of performing all of the required tests; or (2) the cost to the Division to contract with the State Public Health Laboratory is not financially reasonable or exceeds the amount of money available for that purpose. (NRS 442.009) Section 2 of this bill repeals this provision.

 

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 442.008 is hereby amended to read as follows:

      442.008  1.  The State Board of Health [, upon the recommendation of the Chief Medical Officer:

 


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      (a) Shall] shall adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders, including tests for the presence of sickle cell anemia . [; and

      (b) May require the Division to provide for the services of a laboratory in accordance with NRS 442.009 to determine the presence of certain preventable or inheritable disorders in an infant pursuant to this section.]

      2.  Except as otherwise provided in this subsection, the examinations and tests required pursuant to subsection 1 must include tests and examinations for each disorder recommended to be screened by the Health Resources and Services Administration of the United States Department of Health and Human Services by not later than 4 years after the recommendation is published. The State Board may exclude any such disorder upon request of the Chief Medical Officer or the person in charge of the State Public Health Laboratory based on:

      (a) Insufficient funding to conduct testing for the disorder; or

      (b) Insufficient resources to address the results of the examination and test.

      3.  Any examination or test required by the regulations adopted pursuant to subsection 1 which must be performed by a laboratory must be sent to the State Public Health Laboratory. If the State Public Health Laboratory increases the amount charged for performing such an examination or test pursuant to NRS 439.240, the Division shall hold a public hearing during which the State Public Health Laboratory shall provide to the Division a written and verbal fiscal analysis of the reasons for the increased charges.

      4.  Any physician, midwife, nurse, obstetric center or hospital of any nature attending or assisting in any way any infant, or the mother of any infant, at childbirth shall [make] :

      (a) Make or cause to be made an examination of the infant, including standard tests [,] that do not require laboratory services, to the extent required by regulations of the State Board of Health as is necessary for the discovery of conditions indicating such preventable or inheritable disorders.

      (b) Collect and send to the State Public Health Laboratory or cause to be collected and sent to the State Public Health Laboratory any specimens needed for the examinations and tests that must be performed by a laboratory and are required by the regulations adopted pursuant to subsection 1.

      [3.]5.If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, obstetric center or hospital attending or assisting at the birth of the infant shall immediately:

      (a) Report the condition to the Chief Medical Officer or the representative of the Chief Medical Officer, the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and

      (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.

      [4.]6.An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.

      Sec. 2. NRS 442.009 is hereby repealed.

 


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      Sec. 3.  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 149, SB 30

Senate Bill No. 30–Committee on Judiciary

 

CHAPTER 149

 

[Approved: May 25, 2019]

 

AN ACT relating to offenders; revising certain requirements for private employers who enter into contracts for the employment of offenders; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Corrections to establish programs for the employment of offenders who are committed to the custody of the Department including contracting with private employers for the employment of offenders. Before entering into a contract with a private employer for the employment of offenders, existing law requires the Director to obtain from the private employer: (1) a personal guarantee of not less than 100 percent of the prorated annual amount of the contract; (2) a surety bond of not less than 100 percent of the prorated annual amount of the contract; or (3) a security agreement to secure any debt, obligation or other liability of the private employer under the contract. (NRS 209.461) This bill: (1) revises the amount of a personal guarantee or surety bond obtained by the Director to not less than 25 percent of the prorated annual amount of the contract but not more than 100 percent of the prorated annual amount of the contract for a contract that does not relate to construction; and (2) maintains the requirement in existing law of a personal guarantee or surety bond of not less than 100 percent of the prorated annual amount of the contract for a contract that relates to construction. This bill additionally requires the Director to appear before the Committee on Industrial Programs to explain the amount fixed for any personal guarantee or surety bond.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 209.461 is hereby amended to read as follows:

      209.461  1.  The Director shall:

      (a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.

      (b) Except as otherwise provided in this section, to the extent practicable, require each offender, except those whose behavior is found by the Director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The Director shall require as a condition of employment that an offender sign an authorization for the deductions from his or her wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the Director to make the deductions pursuant to NRS 209.463.

 


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NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the Director to make the deductions pursuant to NRS 209.463.

      (c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.

      (d) Provide equipment, space and management for services and manufacturing by offenders.

      (e) Employ craftsmen and other personnel to supervise and instruct offenders.

      (f) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the State and with local governments.

      (g) Contract for the use of offenders’ services and for the sale of goods manufactured by offenders.

      (h) On or before January 1, 2014, and every 5 years thereafter, submit a report to the Director of the Legislative Counsel Bureau for distribution to the Committee on Industrial Programs. The report must include, without limitation, an analysis of existing contracts with private employers for the employment of offenders and the potential impact of those contracts on private industry in this State.

      (i) Submit a report to each meeting of the Interim Finance Committee identifying any accounts receivable related to a program for the employment of offenders.

      2.  Every program for the employment of offenders established by the Director must:

      (a) Employ the maximum number of offenders possible;

      (b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;

      (c) Have an insignificant effect on the number of jobs available to the residents of this State; and

      (d) Provide occupational training for offenders.

      3.  An offender may not engage in vocational training, employment or a business that requires or permits the offender to:

      (a) Telemarket or conduct opinion polls by telephone; or

      (b) Acquire, review, use or have control over or access to personal information concerning any person who is not incarcerated.

      4.  Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the Director must result in a profit for the Department. The following must not be included in determining whether there is a profit for the Department:

      (a) Fees credited to the Fund for Prison Industries pursuant to NRS 482.268, any revenue collected by the Department for the leasing of space, facilities or equipment within the institutions or facilities of the Department, and any interest or income earned on the money in the Fund for Prison Industries.

      (b) The selling expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, “selling expenses” means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.

 


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ê2019 Statutes of Nevada, Page 816 (CHAPTER 149, SB 30)ê

 

“selling expenses” means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.

      (c) The general and administrative expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, “general and administrative expenses” means the salary of the Deputy Director of Industrial Programs and the salaries of any other personnel of the Central Administrative Office and related payroll taxes and costs, the costs of telephone usage, and the costs of office supplies used and postage used.

      5.  If any state-sponsored program incurs a net loss for 2 consecutive fiscal years, the Director shall appear before the Committee on Industrial Programs to explain the reasons for the net loss and provide a plan for the generation of a profit in the next fiscal year. If the program does not generate a profit in the third fiscal year, the Director shall take appropriate steps to resolve the issue.

      6.  Except as otherwise provided in subsection 3, the Director may, with the approval of the Board:

      (a) Lease spaces and facilities within any institution of the Department to private employers to be used for the vocational training and employment of offenders.

      (b) Grant to reliable offenders the privilege of leaving institutions or facilities of the Department at certain times for the purpose of vocational training or employment.

      7.  Before entering into any contract with a private employer for the employment of offenders pursuant to subsection 1, the Director shall obtain from the private employer:

      (a) A personal guarantee to secure an amount fixed by the Director [but] of:

             (1) For a contract that does not relate to construction, not less than 25 percent of the prorated annual amount of the contract but not more than 100 percent of the prorated annual amount of the contract, a surety bond made payable to the State of Nevada in an amount fixed by the Director [but] of not less than 25 percent of the prorated annual amount of the contract but not more than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract [,] ; or

             (2) For a contract that relates to construction, not less than 100 percent of the prorated annual amount of the contract, a surety bond made payable to the State of Nevada in an amount fixed by the Director of not less than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract,

Ê or a security agreement to secure any debt, obligation or other liability of the private employer under the contract, including, without limitation, lease payments, wages earned by offenders and compensation earned by personnel of the Department. The Director shall appear before the Committee on Industrial Programs to explain the reasons for the amount fixed by the Director for any personal guarantee or surety bond.

      (b) A detailed written analysis on the estimated impact of the contract on private industry in this State. The written analysis must include, without limitation:

 


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ê2019 Statutes of Nevada, Page 817 (CHAPTER 149, SB 30)ê

 

             (1) The number of private companies in this State currently providing the types of products and services offered in the proposed contract.

             (2) The number of residents of this State currently employed by such private companies.

             (3) The number of offenders that would be employed under the contract.

             (4) The skills that the offenders would acquire under the contract.

      8.  The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the State or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.

      9.  As used in this section, “state-sponsored program” means a program for the vocational training or employment of offenders which does not include a contract of employment with a private employer.

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

________

CHAPTER 150, SB 46

Senate Bill No. 46–Committee on Judiciary

 

CHAPTER 150

 

[Approved: May 25, 2019]

 

AN ACT relating to gaming; revising the definition of “gross revenue”; prohibiting a person from performing an act that requires registration without being registered; revising the definition of “service provider”; providing for the registration, rather than licensure, of service providers; authorizing the Attorney General or district attorney of any county to apply for a court order to intercept communications during an investigation involving certain offenses relating to gaming; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Nevada Gaming Commission to charge and collect from each licensee a license fee based upon all the gross revenue of the licensee. (NRS 463.370) Under existing law, “gross revenue” does not include cash received as entry fees for contests or tournaments in which patrons compete for prizes, except for a contest or tournament conducted in conjunction with an inter-casino linked system. (NRS 463.0161) Section 3 of this bill revises the definition of “gross revenue” to include cash received as entry fees for all contests or tournaments, with the exception of all cash and the cost of any noncash prizes paid out to participants which does not exceed the total compensation received for the right to participate in the contests or tournaments.

      Existing law provides that it is unlawful for a person to perform certain acts relating to gaming without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town. (NRS 463.160) Section 4 of this bill extends this prohibition to performing such acts related to gaming without first having procured, and thereafter maintained, all federal, state, county or municipal gaming registrations, if applicable.

 


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ê2019 Statutes of Nevada, Page 818 (CHAPTER 150, SB 46)ê

 

      Existing law authorizes the Commission to provide by regulation for the licensing and operation of service providers and all persons, locations and matters associated therewith. Existing law defines “service provider” as a person who: (1) acts on behalf of a person who holds a nonrestricted gaming license, who assists, manages, administers or controls wagers or games or its software or hardware and who is authorized to share revenue from the games without being licensed to conduct a gaming establishment; (2) is an interactive gaming service provider; (3) is a cash accessing and wagering instrument service provider; or (4) meets certain criteria established by the Commission. Existing law defines “interactive gaming service provider” as a person who acts on behalf of an establishment licensed to operate interactive gaming and: (1) manages, administers or controls wagers initiated, made or received on an interactive gaming system; (2) manages, administers or controls the games with which wagers are initiated, received or made on such a system; (3) maintains or operates the software or hardware of such a system; or (4) provides products, services, information or assets to an interactive gaming establishment and receives a percentage of such an establishment’s interactive gaming revenue. (NRS 463.677)

      Section 5 of this bill revises the definition of “service provider” to mean a person who: (1) is a cash access and wagering instrument service provider; or (2) meets certain criteria established by the Commission. Sections 5-7 of this bill revise various sections of NRS to provide for: (1) the licensure of an interactive gaming service provider; and (2) the registration, rather than licensure, of service providers.

      Existing law authorizes the Attorney General or the district attorney of any county to apply for a court order authorizing the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of certain offenses. (NRS 179.460) Existing law also provides that it is unlawful for a person to: (1) perform certain actions relating to gaming without having first procured, and thereafter maintaining, all required gaming licenses; or (2) receive any compensation or reward, or any percentage or share of the money or property played, for performing certain actions relating to a bet or wager on the result of any event held at a track involving a horse or other animal, sporting event or other event, without having first procured, and thereafter maintaining, all required gaming licenses. (NRS 463.160, 465.086) Section 8 of this bill adds those offenses to the list of offenses for which such an interception of communications may be ordered.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 3. NRS 463.0161 is hereby amended to read as follows:

      463.0161  1.  “Gross revenue” means the total of all:

      (a) Cash received as winnings;

      (b) Cash received as entry fees for contests and tournaments;

      (c) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

      [(c)] (d) Compensation received for conducting any game, or any contest or tournament in conjunction with interactive gaming, in which the licensee is not party to a wager,

Ê less the total of all cash paid out as losses to patrons, all cash and the cost of any noncash prizes paid out to participants in contests or tournaments not to exceed the total compensation received for the right to participate in the contests or tournaments, those amounts paid to fund periodic payments and any other items made deductible as losses by NRS 463.3715. [For the purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses, except that losses in a contest or tournament conducted in conjunction with an inter-casino linked system may be deducted to the extent of the compensation received for the right to participate in that contest or tournament.]

 


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purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses, except that losses in a contest or tournament conducted in conjunction with an inter-casino linked system may be deducted to the extent of the compensation received for the right to participate in that contest or tournament.]

      2.  The term does not include:

      (a) Counterfeit facsimiles of money, chips, tokens, wagering instruments or wagering credits;

      (b) Coins of other countries which are received in gaming devices;

      (c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;

      (d) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed;

      (e) [Cash received as entry fees for contests or tournaments in which patrons compete for prizes, except for a contest or tournament conducted in conjunction with an inter-casino linked system;

      (f)] Uncollected baccarat commissions; or

      [(g)] (f) Cash provided by the licensee to a patron and subsequently won by the licensee, for which the licensee can demonstrate that it or its affiliate has not been reimbursed.

      3.  As used in this section, “baccarat commission” means:

      (a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or

      (b) A rate or fee charged by a licensee for the right to participate in a baccarat game.

      Sec. 4. NRS 463.160 is hereby amended to read as follows:

      463.160  1.  Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, mobile gaming system, slot machine, race book or sports pool;

      (b) To provide or maintain any information service;

      (c) To operate a gaming salon;

      (d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, mobile gaming system, race book or sports pool;

      (e) To operate as a cash access and wagering instrument service provider; or

      (f) To operate, carry on, conduct, maintain or expose for play in or from the State of Nevada any interactive gaming system,

Ê without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses or registrations as required by statute, regulation or ordinance or by the governing board of any unincorporated town.

      2.  The licensure of an operator of an inter-casino linked system is not required if:

      (a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or

 


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      (b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.

      3.  Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, mobile gaming system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that person’s employee.

      4.  The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.

      5.  For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:

      (a) Allowing patrons to establish an account for wagering with the race book or sports pool;

      (b) Accepting wagers from patrons;

      (c) Allowing patrons to place wagers;

      (d) Paying winning wagers to patrons; or

      (e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,

Ê whether by a transaction in person at an establishment or through mechanical means, such as a kiosk or similar device, regardless of whether that device would otherwise be considered associated equipment. A separate license must be obtained for each location at which such an operation is conducted.

      6.  As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.

      Sec. 5. NRS 463.677 is hereby amended to read as follows:

      463.677  1.  The Legislature finds that:

      (a) Technological advances have evolved which allow licensed gaming establishments to expose games, including, without limitation, system-based and system-supported games, gaming devices, mobile gaming systems, interactive gaming, cashless wagering systems or race books and sports pools, and to be assisted by an interactive gaming service provider or a service provider , as applicable, who provides important services to the public with regard to the conduct and exposure of such games.

      (b) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission have the ability to [license] :

             (1) License interactive gaming service providers;

             (2) Register service providers [by maintaining] ; and

             (3) Maintain strict regulation and control of the operation of such interactive gaming service providers or service providers , respectively, and all persons and locations associated therewith.

      2.  Except as otherwise provided in subsection [3,] 4, the Commission may, with the advice and assistance of the Board, provide by regulation for the [licensing] :

 


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      (a) Licensing of an interactive gaming service provider;

      (b) Registration of a service provider; and [operation]

      (c) Operation of such a service provider or interactive gaming service provider, respectively, and all persons, locations and matters associated therewith. [Such]

      3.  The regulations pursuant to subsection 2 may include, without limitation:

      (a) Provisions requiring [the] :

             (1) The interactive gaming service provider to meet the qualifications for licensing pursuant to NRS 463.170, in addition to any other qualifications established by the Commission [,] and to be licensed regardless of whether the interactive gaming service provider holds any [other] license.

             (2) The service provider to be registered regardless of whether the service provider holds any license.

      (b) Criteria regarding the location from which the interactive gaming service provider or service provider , respectively, conducts its operations, including, without limitation, minimum internal and operational control standards established by the Commission.

      (c) Provisions relating to [the] :

             (1) The licensing of persons owning or operating an interactive gaming service provider, and any person having a significant involvement therewith, as determined by the Commission.

             (2) The registration of persons owning or operating a service provider, and any persons having a significant involvement therewith, as determined by the Commission.

      (d) A provision that a person owning, operating or having significant involvement with an interactive gaming service provider or a service provider, respectively, as determined by the Commission, may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.

      (e) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129, including that an interactive gaming service provider or a service provider , respectively, must be liable to the licensee on whose behalf the services are provided for the interactive gaming service provider’s or service provider’s proportionate share of the fees and taxes paid by the licensee.

      [3.] 4.  The Commission may not adopt regulations pursuant to this section until the Commission first determines that interactive gaming service providers or service providers , respectively, are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.

      [4.] 5.  Regulations adopted by the Commission pursuant to this section must provide that the premises on which an interactive gaming service provider and a service provider , respectively, conducts its operations are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the interactive gaming service provider or service provider , respectively, is a gaming licensee.

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

 


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ê2019 Statutes of Nevada, Page 822 (CHAPTER 150, SB 46)ê

 

      (a) “Interactive gaming service provider” means a person who acts on behalf of an establishment licensed to operate interactive gaming and:

             (1) Manages, administers or controls wagers that are initiated, received or made on an interactive gaming system;

             (2) Manages, administers or controls the games with which wagers that are initiated, received or made on an interactive gaming system are associated;

             (3) Maintains or operates the software or hardware of an interactive gaming system; or

             (4) Provides products, services, information or assets to an establishment licensed to operate interactive gaming and receives therefor a percentage of gaming revenue from the establishment’s interactive gaming system.

      (b) “Service provider” means a person who:

             (1) [Acts on behalf of another licensed person who conducts nonrestricted gaming operations, and who assists, manages, administers or controls wagers or games, or maintains or operates the software or hardware of games on behalf of such a licensed person, and is authorized to share in the revenue from games without being licensed to conduct gaming at an establishment;

             (2) Is an interactive gaming service provider;

             (3)] Is a cash access and wagering instrument service provider; or

             [(4)] (2) Meets such other or additional criteria as the Commission may establish by regulation.

      Sec. 6. NRS 463.750 is hereby amended to read as follows:

      463.750  1.  The Commission shall, with the advice and assistance of the Board, adopt regulations governing [the] :

      (a) The licensing and operation of interactive gaming [.] ; and

      (b) The registration of service providers to perform any action described in paragraph (b) of subsection 6 of NRS 463.677.

      2.  The regulations adopted by the Commission pursuant to this section must:

      (a) Establish the investigation fees for:

             (1) A license to operate interactive gaming;

             (2) A license for a manufacturer of interactive gaming systems; [and]

             (3) A license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection 6 of NRS 463.677; and

             (4) Registration as a service provider to perform the actions described in paragraph [(a)] (b) of subsection [5] 6 of NRS 463.677.

      (b) Provide that:

             (1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware; [and]

             (2) A person must hold a license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection 6 of NRS 463.677; and

             (3) A person must be registered as a service provider to perform the actions described in paragraph [(a)] (b) of subsection [5] 6 of NRS 463.677.

      (c) Except as otherwise provided in subsections 6 to 10, inclusive, set forth standards for the suitability of a person to be [licensed] :

 


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ê2019 Statutes of Nevada, Page 823 (CHAPTER 150, SB 46)ê

 

             (1) Licensed as a manufacturer of interactive gaming systems [or] ;

             (2) Licensed as an interactive gaming service provider as described in paragraph (a) of subsection 6 of NRS 463.677 that are as stringent as the standards for a nonrestricted license; or

             (3) Registered as a service provider as described in paragraph (b) of subsection [5] 6 of NRS 463.677 that are as stringent as the standards for a nonrestricted license.

      (d) Set forth provisions governing:

             (1) The initial fee for a license for an interactive gaming service provider as described in paragraph (a) of subsection 6 of NRS 463.677.

             (2) The initial fee for registration as a service provider as described in paragraph (b) of subsection [5] 6 of NRS 463.677.

             [(2)] (3) The fee for the renewal of such a license for such an interactive gaming service provider or registration as a service provider , as applicable, and any renewal requirements for such a license [.] or registration, as applicable.

             [(3)] (4) Any portion of the license fee paid by a person licensed to operate interactive gaming, pursuant to subsection 1 of NRS 463.770, for which [a] an interactive gaming service provider may be liable to the person licensed to operate interactive gaming.

      (e) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment, unless federal law otherwise provides for a similar fee or tax.

      (f) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.

      (g) Define “interactive gaming system,” “manufacturer of interactive gaming systems,” “operate interactive gaming” and “proprietary hardware and software” as the terms are used in this chapter.

      3.  Except as otherwise provided in subsections 4 and 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:

      (a) In a county whose population is 700,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.

      (b) In a county whose population is 45,000 or more but less than 700,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

             (1) Holds a nonrestricted license for the operation of games and gaming devices;

             (2) Has more than 120 rooms available for sleeping accommodations in the same county;

             (3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

             (4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

             (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.

 


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ê2019 Statutes of Nevada, Page 824 (CHAPTER 150, SB 46)ê

 

      (c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

             (1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

             (2) Meets the definition of group 1 licensee as set forth in the regulations of the Commission on the date of its application for a license to operate interactive gaming; and

             (3) Operates either:

                   (I) More than 50 rooms for sleeping accommodations in connection therewith; or

                   (II) More than 50 gaming devices in connection therewith.

      4.  The Commission may:

      (a) Issue a license to operate interactive gaming to an affiliate of an establishment if:

             (1) The establishment satisfies the applicable requirements set forth in subsection 3;

             (2) The affiliate is located in the same county as the establishment; and

             (3) The establishment has held a nonrestricted license for at least 5 years before the date on which the application is filed; and

      (b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.

      5.  The Commission may issue a license to operate interactive gaming to an applicant that meets any qualifications established by federal law regulating the licensure of interactive gaming.

      6.  Except as otherwise provided in subsections 7, 8 and 9:

      (a) A covered person may not be found suitable for licensure under this section within 5 years after February 21, 2013;

      (b) A covered person may not be found suitable for licensure under this section unless such covered person expressly submits to the jurisdiction of the United States and of each state in which patrons of interactive gaming operated by such covered person after December 31, 2006, were located, and agrees to waive any statutes of limitation, equitable remedies or laches that otherwise would preclude prosecution for a violation of any provision of federal law or the law of any state in connection with such operation of interactive gaming after that date;

      (c) A person may not be found suitable for licensure under this section within 5 years after February 21, 2013, if such person uses a covered asset for the operation of interactive gaming; and

      (d) Use of a covered asset is grounds for revocation of an interactive gaming license, or a finding of suitability, issued under this section.

      7.  The Commission, upon recommendation of the Board, may waive the requirements of subsection 6 if the Commission determines that:

      (a) In the case of a covered person described in paragraphs (a) and (b) of subsection 1 of NRS 463.014645:

             (1) The covered person did not violate, directly or indirectly, any provision of federal law or the law of any state in connection with the ownership and operation of, or provision of services to, an interactive gaming facility that, after December 31, 2006, operated interactive gaming involving patrons located in the United States; and

 


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ê2019 Statutes of Nevada, Page 825 (CHAPTER 150, SB 46)ê

 

             (2) The assets to be used or that are being used by such person were not used after that date in violation of any provision of federal law or the law of any state;

      (b) In the case of a covered person described in paragraph (c) of subsection 1 of NRS 463.014645, the assets that the person will use in connection with interactive gaming for which the covered person applies for a finding of suitability were not used after December 31, 2006, in violation of any provision of federal law or the law of any state; and

      (c) In the case of a covered asset, the asset was not used after December 31, 2006, in violation of any provision of federal law or the law of any state, and the interactive gaming facility in connection with which the asset was used was not used after that date in violation of any provision of federal law or the law of any state.

      8.  With respect to a person applying for a waiver pursuant to subsection 7, the Commission shall afford the person an opportunity to be heard and present relevant evidence. The Commission shall act as finder of fact and is entitled to evaluate the credibility of witnesses and persuasiveness of the evidence. The affirmative votes of a majority of the whole Commission are required to grant or deny such waiver. The Board shall make appropriate investigations to determine any facts or recommendations that it deems necessary or proper to aid the Commission in making determinations pursuant to this subsection and subsection 7.

      9.  The Commission shall make a determination pursuant to subsections 7 and 8 with respect to a covered person or covered asset without regard to whether the conduct of the covered person or the use of the covered asset was ever the subject of a criminal proceeding for a violation of any provision of federal law or the law of any state, or whether the person has been prosecuted and the prosecution terminated in a manner other than with a conviction.

      10.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

      (a) Until the Commission adopts regulations pursuant to this section; and

      (b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.

      11.  A person who violates subsection 10 is guilty of a category B 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 10 years or by a fine of not more than $50,000, or both.

      Sec. 7. NRS 463.767 is hereby amended to read as follows:

      463.767  1.  The Commission may, with the advice and assistance of the Board, adopt a seal for its use to identify:

      (a) A license to operate interactive gaming;

      (b) A license for a manufacturer of interactive gaming systems; [and]

      (c) A license for an interactive gaming service provider to perform the actions described in paragraph (a) of subsection 6 of NRS 463.677; and

      (d) Registration as a service provider to perform the actions described in paragraph [(a)] (b) of subsection [5] 6 of NRS 463.677.

      2.  The Chair of the Commission has the care and custody of the seal.

      3.  The seal must have imprinted thereon the words “Nevada Gaming Commission.”

 


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ê2019 Statutes of Nevada, Page 826 (CHAPTER 150, SB 46)ê

 

      4.  A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the Commission. Except under circumstances where a greater penalty is provided in NRS 205.175, a person who violates this subsection is guilty of a gross misdemeanor.

      5.  A person convicted of violating subsection 4 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction. A court before whom a defendant is convicted of a violation of subsection 4 shall, for each violation, order the defendant to pay a civil penalty of $5,000. The money so collected:

      (a) Must not be deducted from any penal fine imposed by the court;

      (b) Must be stated separately on the court’s docket; and

      (c) Must be remitted forthwith to the Commission.

      Sec. 8. NRS 179.460 is hereby amended to read as follows:

      179.460  1.  The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire, electronic or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child, sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468 , [or] the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS [.] or a violation of NRS 463.160 or 465.086.

      2.  A provider of electronic communication service or a public utility, an officer, employee or agent thereof or another person associated with the provider of electronic communication service or public utility who, pursuant to an order issued pursuant to subsection 1, provides information or otherwise assists an investigative or law enforcement officer in the interception of a wire, electronic or oral communication is immune from any liability relating to any interception made pursuant to the order.

      3.  As used in this section, “sexual offense against a child” includes any act upon a child constituting:

      (a) Incest pursuant to NRS 201.180;

      (b) Lewdness with a child pursuant to NRS 201.230;

      (c) Sado-masochistic abuse pursuant to NRS 201.262;

      (d) Sexual assault pursuant to NRS 200.366;

      (e) Statutory sexual seduction pursuant to NRS 200.368;

      (f) Open or gross lewdness pursuant to NRS 201.210; or

      (g) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

      Sec. 9.  This act becomes effective:

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

      2.  On July 1, 2019, for all other purposes.

________

 


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ê2019 Statutes of Nevada, Page 827ê

 

CHAPTER 151, SB 103

Senate Bill No. 103–Committee on Government Affairs

 

CHAPTER 151

 

[Approved: May 25, 2019]

 

AN ACT relating to affordable housing; authorizing certain local governments to reduce or subsidize impact fees, fees for the issuance of building permits and fees imposed for the purpose for which an enterprise fund was created to assist in maintaining or developing a project for affordable housing under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the governing bodies of certain cities and counties to adopt at least 6 of 12 specified measures in implementing a plan for maintaining and developing affordable housing. One of these measures authorizes a governing body to subsidize in whole or in part impact fees and fees for the issuance of building permits. (NRS 278.235) This bill authorizes a governing body to reduce or subsidize impact fees, fees for the issuance of building permits and fees imposed for the purpose for which an enterprise fund was created to assist in maintaining or developing a project for affordable housing if the project meets certain requirements and the governing body takes certain actions. This bill authorizes a governing body to reduce or subsidize such fees to assist a project for affordable housing only if: (1) the project meets certain requirements relating to the affordability of the housing; (2) the governing body has adopted an ordinance setting forth criteria for a project to qualify for such assistance and the project satisfies such criteria; (3) the governing body makes a determination that reducing or subsidizing such fees will not impair any bond obligations or other obligations; and (4) the governing body holds a public hearing concerning the effect of the reduction or subsidization on the economic viability of the general fund of the city or county and, if applicable, the economic viability of any affected enterprise fund.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 278.235 is hereby amended to read as follows:

      278.235  1.  If the governing body of a city or county is required to include the housing element in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing element pursuant to subparagraph (8) of paragraph (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:

      (a) [At the expense of the city or county, as applicable,] Reducing or subsidizing in whole or in part impact fees , [and] fees for the issuance of building permits collected pursuant to NRS 278.580 [.] and fees imposed for the purpose for which an enterprise fund was created.

      (b) Selling land owned by the city or county, as applicable, to developers exclusively for the development of affordable housing at not more than 10 percent of the appraised value of the land, and requiring that any such savings, subsidy or reduction in price be passed on to the purchaser of housing in such a development.

 


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ê2019 Statutes of Nevada, Page 828 (CHAPTER 151, SB 103)ê

 

housing in such a development. Nothing in this paragraph authorizes a city or county to obtain land pursuant to the power of eminent domain for the purposes set forth in this paragraph.

      (c) Donating land owned by the city or county to a nonprofit organization to be used for affordable housing.

      (d) Leasing land by the city or county to be used for affordable housing.

      (e) Requesting to purchase land owned by the Federal Government at a discounted price for the creation of affordable housing pursuant to the provisions of section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263.

      (f) Establishing a trust fund for affordable housing that must be used for the acquisition, construction or rehabilitation of affordable housing.

      (g) Establishing a process that expedites the approval of plans and specifications relating to maintaining and developing affordable housing.

      (h) Providing money, support or density bonuses for affordable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for affordable housing, including, without limitation, money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.

      (i) Providing financial incentives or density bonuses to promote appropriate transit-oriented housing developments that would include an affordable housing component.

      (j) Offering density bonuses or other incentives to encourage the development of affordable housing.

      (k) Providing direct financial assistance to qualified applicants for the purchase or rental of affordable housing.

      (l) Providing money for supportive services necessary to enable persons with supportive housing needs to reside in affordable housing in accordance with a need for supportive housing identified in the 5-year consolidated plan adopted by the United States Department of Housing and Urban Development for the city or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. Part 91.

      2.  A governing body may reduce or subsidize impact fees, fees for the issuance of building permits or fees imposed for the purpose for which an enterprise fund was created to assist in maintaining or developing a project for affordable housing, pursuant to paragraph (a) of subsection 1, only if:

      (a) When the incomes of all the residents of the project for affordable housing are averaged, the housing would be affordable on average for a family with a total gross income that does not exceed 60 percent of the median gross income for the county concerned based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for the county.

      (b) The governing body has adopted an ordinance that establishes the criteria that a project for affordable housing must satisfy to receive assistance in maintaining or developing the project for affordable housing. Such criteria must be designed to put into effect all relevant elements of the master plan adopted by the governing body pursuant to NRS 278.150.

      (c) The project for affordable housing satisfies the criteria set forth in the ordinance adopted pursuant to paragraph (b).

 


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ê2019 Statutes of Nevada, Page 829 (CHAPTER 151, SB 103)ê

 

      (d) The governing body makes a determination that reducing or subsidizing such fees will not impair adversely the ability of the governing body to pay, when due, all interest and principal on any outstanding bonds or any other obligations for which revenue from such fees was pledged.

      (e) The governing body holds a public hearing concerning the effect of the reduction or subsidization of such fees on the economic viability of the general fund of the city or county, as applicable, and, if applicable, the economic viability of any affected enterprise fund.

      3.  On or before January 15 of each year, the governing body shall submit to the Housing Division of the Department of Business and Industry a report, in the form prescribed by the Division, of how the measures adopted pursuant to subsection 1 assisted the city or county in maintaining and developing affordable housing to meet the needs of the community for the preceding year. The report must include an analysis of the need for affordable housing within the city or county that exists at the end of the reporting period.

      [3.]4.  On or before February 15 of each year, the Housing Division shall compile the reports submitted pursuant to subsection [2] 3 and post the compilation on the Internet website of the Housing Division.

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

________

CHAPTER 152, SB 104

Senate Bill No. 104–Committee on Government Affairs

 

CHAPTER 152

 

[Approved: May 25, 2019]

 

AN ACT relating to housing; requiring the inclusion of certain reports as sources of information for the statewide low-income housing database maintained by the Housing Division of the Department of Business and Industry; requiring owners of certain multifamily residential housing to report certain information quarterly to the Housing Division; requiring certain local governments to cooperate with the Housing Division in providing certain information related to affordable housing; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Housing Division of the Department of Business and Industry to create and maintain a statewide low-income housing database. This database must include certain information related to affordable housing, including the compilations and analysis of demographic, economic and housing data from a variety of sources. (NRS 319.143) Existing law also requires that the governing bodies of certain local governments submit to the Housing Division annual reports with information related to affordable housing. (NRS 278.235) Section 1 of this bill requires the inclusion of such reports as one of the sources of information for the low-income housing database. Section 2 of this bill requires the governing bodies of local governments that are required to submit such reports to cooperate with the Housing Division to ensure that the information is appropriate for inclusion in the database and can be added to the database effectively.

 


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ê2019 Statutes of Nevada, Page 830 (CHAPTER 152, SB 104)ê

 

      Existing law requires certain owners of residential housing that is affordable housing or accessible to persons with disabilities to report certain information relating to the housing quarterly to the Aging and Disability Services Division of the Department of Health and Human Services. (NRS 319.267) Section 2.5 of this bill repeals this requirement. Section 1 imposes a similar requirement on certain owners of multifamily residential housing. Section 1 requires certain owners of multifamily residential housing that is affordable housing and accessible to persons with disabilities to report certain information relating to the housing quarterly to the Housing Division.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 319.143 is hereby amended to read as follows:

      319.143  1.  The Division shall create and maintain a statewide low-income housing database.

      2.  The database must include, without limitation, the compilation and analysis of demographic, economic and housing data from a variety of sources , including, without limitation, reports submitted pursuant to NRS 278.235, that:

      (a) Provides for an annual assessment of the affordable housing market at the city and county level, including data relating to housing units, age of housing, rental rates and rental vacancy rates, new home sales and resale of homes, new construction permits, mobile homes, lots available for mobile homes and conversions of multifamily condominiums;

      (b) Addresses the housing needs of various population groups in Nevada, such as households that rent, homeowners, elderly households, veterans, persons with disabilities or special needs, homeless persons, recovering drug abusers, persons suffering from mental health ailments and victims of domestic violence, with each group distinguished to show the percentage of the population group at different income levels, and a determination of the number of households within each special-needs group experiencing housing costs greater than 50 percent of their income, overcrowding or substandard housing;

      (c) Contains an estimate of the number and condition of subsidized and other low-income housing units at the county level and the identification of any subsidized units that are forecast to convert to market-rate units within a 2-year planning period;

      (d) Provides a demographic and economic overview by local and county jurisdiction, if feasible, for the population of Nevada, including age, race and ethnicity, household size, migration, current and forecast employment, household income and a summary relating to the effects of demographics and economic factors on housing demand;

      (e) Provides the number of housing units available to a victim of domestic violence from any housing authority, as defined in NRS 315.021, and from participation in the program of housing assistance pursuant to section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f; and

 


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ê2019 Statutes of Nevada, Page 831 (CHAPTER 152, SB 104)ê

 

      (f) Provides the number of terminations of victims of domestic violence in this State from the program of housing assistance pursuant to section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f.

      3.  The costs of creating and maintaining the database:

      (a) Must be paid from the Account for Low-Income Housing created by NRS 319.500; and

      (b) May not exceed $175,000 per year.

      4.  If an owner of multifamily residential housing that is offered for rent or lease in this State and is:

      (a) Accessible to persons with disabilities; and

      (b) Affordable housing, as defined in NRS 278.0105,

Ê has received any loan, grant or contribution for the multifamily residential housing from the Federal Government or the State, the owner shall, not less than quarterly, report to the Division information concerning each unit of the multifamily residential housing that is available and suitable for use by a person with a disability.

      5.  The Division shall adopt regulations to carry out the provisions of subsection 4.

      Sec. 2. NRS 278.235 is hereby amended to read as follows:

      278.235  1.  If the governing body of a city or county is required to include the housing element in its master plan pursuant to NRS 278.150, the governing body, in carrying out the plan for maintaining and developing affordable housing to meet the housing needs of the community, which is required to be included in the housing element pursuant to subparagraph (8) of paragraph (c) of subsection 1 of NRS 278.160, shall adopt at least six of the following measures:

      (a) At the expense of the city or county, as applicable, subsidizing in whole or in part impact fees and fees for the issuance of building permits collected pursuant to NRS 278.580.

      (b) Selling land owned by the city or county, as applicable, to developers exclusively for the development of affordable housing at not more than 10 percent of the appraised value of the land, and requiring that any such savings, subsidy or reduction in price be passed on to the purchaser of housing in such a development. Nothing in this paragraph authorizes a city or county to obtain land pursuant to the power of eminent domain for the purposes set forth in this paragraph.

      (c) Donating land owned by the city or county to a nonprofit organization to be used for affordable housing.

      (d) Leasing land by the city or county to be used for affordable housing.

      (e) Requesting to purchase land owned by the Federal Government at a discounted price for the creation of affordable housing pursuant to the provisions of section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263.

      (f) Establishing a trust fund for affordable housing that must be used for the acquisition, construction or rehabilitation of affordable housing.

      (g) Establishing a process that expedites the approval of plans and specifications relating to maintaining and developing affordable housing.

 


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ê2019 Statutes of Nevada, Page 832 (CHAPTER 152, SB 104)ê

 

      (h) Providing money, support or density bonuses for affordable housing developments that are financed, wholly or in part, with low-income housing tax credits, private activity bonds or money from a governmental entity for affordable housing, including, without limitation, money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013.

      (i) Providing financial incentives or density bonuses to promote appropriate transit-oriented housing developments that would include an affordable housing component.

      (j) Offering density bonuses or other incentives to encourage the development of affordable housing.

      (k) Providing direct financial assistance to qualified applicants for the purchase or rental of affordable housing.

      (l) Providing money for supportive services necessary to enable persons with supportive housing needs to reside in affordable housing in accordance with a need for supportive housing identified in the 5-year consolidated plan adopted by the United States Department of Housing and Urban Development for the city or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. Part 91.

      2.  On or before January 15 of each year, the governing body shall submit to the Housing Division of the Department of Business and Industry a report, in the form prescribed by the Housing Division, of how the measures adopted pursuant to subsection 1 assisted the city or county in maintaining and developing affordable housing to meet the needs of the community for the preceding year. The report must include an analysis of the need for affordable housing within the city or county that exists at the end of the reporting period. The governing body shall cooperate with the Housing Division to ensure that the information contained in the report is appropriate for inclusion in, and can be effectively incorporated into, the statewide low-income housing database created pursuant to NRS 319.143.

      3.  On or before February 15 of each year, the Housing Division shall compile the reports submitted pursuant to subsection 2 and post the compilation on the Internet website of the Housing Division.

      Sec. 2.5. NRS 319.267 is hereby repealed.

      Sec. 3.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 833ê

 

CHAPTER 153, SB 270

Senate Bill No. 270–Senators D. Harris, Ratti; and Seevers Gansert

 

Joint Sponsor: Assemblyman Thompson

 

CHAPTER 153

 

[Approved: May 25, 2019]

 

AN ACT relating to public welfare; requiring the Department of Health and Human Services to establish and administer the Nevada Housing Crisis Response System; requiring the Nevada Housing Crisis Response System to provide certain services to persons who are transient, at imminent risk of homelessness or homeless; authorizing the Director of the Department to solicit and accept money to carry out the Nevada Housing Crisis Response System; requiring the Department to submit an annual report to the Legislature concerning activities and services to prevent homelessness in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      To the extent that money is available for that purpose, section 2 of this bill requires the Department of Health and Human Services to establish and administer the Nevada Housing Crisis Response System. Section 2 requires the Nevada Housing Crisis Response System to: (1) coordinate with social service agencies, local governments and nonprofit organizations to identify, assess, refer and connect persons who are transient, at imminent risk of homelessness or homeless to housing, assistance and services; (2) provide and operate a system for responding to a crisis that is accessible by such persons 24 hours a day, 7 days a week; (3) provide education or information on how such persons may access and use the System for responding to a crisis; and (4) develop certain prevention assistance programs. Section 2 additionally authorizes the Nevada Housing Crisis Response System to perform any other action that: (1) assists persons who are transient, at imminent risk of homelessness or homeless; and (2) helps prevent or address homelessness in this State. Section 2 further authorizes the Department to adopt such regulations as are necessary to carry out the Nevada Housing Crisis Response System, including regulations that require a person or entity that accepts money from the Department or a division thereof to participate in the Nevada Housing Crisis Response System.

      Section 3 of this bill authorizes the Director of the Department to solicit and accept gifts, grants, contributions and other money from any public or private source to carry out the Nevada Housing Crisis Response System. Section 3.3 of this bill requires the Department to submit an annual report to the Legislature concerning activities and services to prevent homelessness 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. Chapter 422A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.3 of this act.

      Sec. 2. 1.  To the extent that money is available for this purpose, the Department shall establish and administer the Nevada Housing Crisis Response System.

 


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ê2019 Statutes of Nevada, Page 834 (CHAPTER 153, SB 270)ê

 

      2.  The System must:

      (a) Coordinate with social service agencies, local governments and nonprofit organizations to, as quickly as possible, identify, assess, refer and connect persons in crisis to housing, assistance and services, including, without limitation, emergency services, emergency shelters, interim housing and permanent housing.

      (b) Provide and operate a system for responding to a crisis that is accessible by a person in crisis 24 hours a day, 7 days a week, including holidays, through which a person in crisis may be identified, assessed, referred and connected to housing, assistance and services pursuant to paragraph (a).

      (c) Provide education or information on how persons in crisis may access and use the System for responding to a crisis that is provided pursuant to paragraph (b).

      (d) To prevent homelessness, develop prevention assistance programs that assist persons who are:

             (1) Transient or at imminent risk of homelessness in:

                   (I) Preserving their current housing situation;

                   (II) Identifying housing arrangements as an alternative to their current housing situation; or

                   (III) Immediately finding housing arrangements for persons who are leaving a housing situation that is not safe; and

             (2) Homeless in finding housing arrangements.

      3.  The System may perform any other action that:

      (a) Assists persons in crisis; and

      (b) Helps prevent or address homelessness in this State.

      4.  The Department may adopt such regulations as are necessary to carry out the provisions of this section and section 3 of this act, including, without limitation, regulations requiring a person or entity that accepts money from the Department or a division thereof to participate in the System.

      5.  As used in this section, “person in crisis” means a person who is transient, at imminent risk of homelessness or homeless.

      Sec. 3. 1.  The Director may solicit and accept gifts, grants, contributions or other money from any public or private source and may expend the money, subject to any limitations contained in the gift, grant or contribution or placed on the money, to carry out the provisions of section 2 of this act.

      2.  Money received by the Director pursuant to this section must be accounted for separately in the State General Fund. The money in the account does not revert to the State General Fund at the end of any fiscal year and must be carried forward to the next fiscal year.

      Sec. 3.3. On or before January 31 of each year, the Department shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning activities or services designed to prevent homelessness in this State. The report must include, without limitation, information concerning:

 


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ê2019 Statutes of Nevada, Page 835 (CHAPTER 153, SB 270)ê

 

      1.  The activities of and services provided through the Nevada Housing Crisis Response System established pursuant to section 2 of this act;

      2.  Any other activities or services provided by the Department or any division thereof to prevent homelessness; and

      3.  Any activities or services provided by any other state or local governmental entity, nonprofit organization or other person or entity in this State to prevent homelessness.

      Sec. 3.7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 4.  This act becomes effective on July 1, 2019.

________

CHAPTER 154, SB 383

Senate Bill No. 383–Senators Scheible and Ratti

 

CHAPTER 154

 

[Approved: May 25, 2019]

 

AN ACT relating to sexual conduct; establishing a rebuttable presumption in civil actions concerning unwelcome or nonconsensual sexual conduct between a law enforcement officer and a person in his or her custody; prohibiting sexual conduct between a law enforcement officer and a person who is under arrest or is currently detained by any law enforcement officer; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from voluntarily engaging in sexual conduct with a prisoner who is in lawful custody or confinement and provides that any person who violates such a prohibition is guilty of a category D felony. (NRS 212.187) Section 1.5 of this bill provides that if a law enforcement officer voluntarily engages in sexual conduct with a person who is under arrest or is currently detained by the law enforcement officer or any other law enforcement officer, the law enforcement officer is guilty of a category D felony. Section 1.5 also provides that the consent of a person who was under arrest or detained by any law enforcement officer to any sexual conduct with a law enforcement officer is not a defense to a prosecution for such unlawful sexual conduct.

      Section 1 of this bill establishes a rebuttable presumption in any civil action concerning any unwelcome or nonconsensual sexual conduct, including sexual harassment, that the sexual conduct was unwelcome or nonconsensual if the alleged perpetrator was a law enforcement officer and the alleged victim was a person in the custody of the law enforcement officer.

 

 

 

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 836 (CHAPTER 154, SB 383)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 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In any civil action concerning any unwelcome or nonconsensual sexual conduct, including, without limitation, sexual harassment, there is a rebuttable presumption that the sexual conduct was unwelcome or nonconsensual if the alleged perpetrator was a law enforcement officer and the alleged victim was a person in the custody of the law enforcement officer.

      2.  As used in this section, “sexual harassment” has the meaning ascribed to it in NRS 176A.280.

      Sec. 1.5. Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Unless an act committed in violation of this section constitutes sexual assault pursuant to NRS 200.366, a law enforcement officer who voluntarily engages in sexual conduct with a person who is under arrest or is currently detained by the law enforcement officer or any other law enforcement officer is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  The consent of a person who was under arrest or detained by any law enforcement officer to any sexual conduct with a law enforcement officer is not a defense to a prosecution for any act prohibited by this section.

      3.  As used in this section, “sexual conduct”:

      (a) Includes acts of masturbation, sexual penetration or physical contact with another person’s clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.

      (b) Does not include acts of a law enforcement officer that are performed to carry out the necessary duties of the law enforcement officer.

      Sec. 2. (Deleted by amendment.)

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ê2019 Statutes of Nevada, Page 837ê

 

CHAPTER 155, AB 233

Assembly Bill No. 233–Assemblymen Kramer, Hardy; and Hafen

 

Joint Sponsors: Senators Goicoechea, Parks; and Settelmeyer

 

CHAPTER 155

 

[Approved: May 25, 2019]

 

AN ACT relating to water; revising provisions governing certain assessments on water users; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under current law, a county is required to levy a special assessment annually, or at such time as needed, upon all taxable property situated within the confines of a particular water basin designated by the State Engineer to pay certain salaries and expenses of well supervisors, assistants and the Well Drillers’ Advisory Board if certain license fees are not sufficient. (NRS 534.040) This bill authorizes a county to instead pay those salaries and expenses by appropriating money from the general fund of the county if the amount of the special assessment combined with all other taxes and assessments levied upon a property owner is less than the cost of collecting the special assessment.

 

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 534.035 is hereby amended to read as follows:

      534.035  1.  In each area designated as a groundwater basin by the State Engineer pursuant to the provisions of NRS 534.030, the board of county commissioners may recommend to the State Engineer that the State Engineer establish a groundwater board. The State Engineer shall determine whether or not a groundwater board is to be established and may direct its establishment by order.

      2.  If a groundwater board is established, the governing bodies of all the cities and towns within the designated area, the board of county commissioners of each county in which the area is located, and the governing body of any water district in which the area is included, or partly included, shall each submit a list of names of residents of the area to the Governor, who shall appoint seven members of the board. At least one member must be appointed from each list.

      3.  After the initial terms, the term of office of each member of the board is 4 years. The board shall elect one member as chair and one member as secretary to serve as such at the pleasure of the board.

      4.  The board shall maintain its headquarters at the county seat of the county in which the designated area is located, or if the area lies in more than one county, in the county seat of one of the counties in which the area is located. The board shall hold meetings at such times and places as it may determine. Special meetings may be called at any time by the secretary at the request of any four members, or by the chair, upon notice specifying the matters to be acted upon at the meeting. No matters other than those specified in the notice may be acted upon at that meeting unless all members are present and consent thereto.

 


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ê2019 Statutes of Nevada, Page 838 (CHAPTER 155, AB 233)ê

 

      5.  A majority of the board constitutes a quorum, and the board shall act only by a majority of those present.

      6.  For each day’s attendance at each meeting of the groundwater board, or for each day when services are actually performed for the groundwater board, the members are entitled to receive per diem and travel allowances provided by law. Claims for those expenses must be paid as provided in subsection [6] 7 of NRS 534.040.

      7.  The State Engineer shall not approve any application or issue any permit to drill a well, appropriate groundwater, change the place or manner of use or the point of diversion of water within the designated area, adopt any related regulations or enter any related orders until the State Engineer has conferred with the board and obtained its written advice and recommendations.

      8.  It is the intention of the Legislature that the State Engineer and the board be in agreement whenever possible, but, for the purpose of fixing responsibility to the Governor, if there is any disagreement between the State Engineer and the board, the views of the State Engineer prevail. A written report of any such disagreement must be made immediately to the Governor by the State Engineer and the board.

      9.  Any groundwater board may request from the State Engineer or any other state, county, city or district agency such technical information, data and advice as it may require to perform its functions, and the State Engineer and such other agencies shall, within the resources available to them, furnish such assistance as may be requested.

      10.  The Governor may dissolve the groundwater board by order if the Governor determines that the future activities of the board are likely to be insubstantial.

      Sec. 2. NRS 534.040 is hereby amended to read as follows:

      534.040  1.  Upon the initiation of the administration of this chapter in any particular basin, and where the investigations of the State Engineer have shown the necessity for the supervision over the waters of that basin, the State Engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in this chapter under the direction of the State Engineer. The salaries of the well supervisor and the assistants of the well supervisor must be fixed by the State Engineer. The well supervisor and assistants are exempt from the provisions of chapter 284 of NRS.

      2.  [The] If the money available from the license fees provided for in NRS 534.140 is not sufficient to pay those salaries, together with necessary expenses, including the compensation and other expenses of the Well Drillers’ Advisory Board, the board of county commissioners shall , except as otherwise provided in this subsection, levy a special assessment annually, or at such time as the assessment is needed, upon all taxable property situated within the confines of the area designated by the State Engineer to come under the provisions of this chapter in an amount as is necessary to pay [those salaries, together with necessary expenses, including the compensation and other expenses of the Well Drillers’ Advisory Board if the money available from the license fees provided for in NRS 534.140 is not sufficient to pay those costs. In] such salaries and expenses. If the board of county commissioners determines that the amount of a special assessment levied upon a property owner pursuant to this section when combined with the amount of all other taxes and assessments levied upon the property owner is less than the cost of collecting the special assessment levied pursuant to this subsection, the board of county commissioners may exempt the property owner from the assessment and appropriate money from the general fund of the county to pay the cost of the assessment.

 


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ê2019 Statutes of Nevada, Page 839 (CHAPTER 155, AB 233)ê

 

pursuant to this subsection, the board of county commissioners may exempt the property owner from the assessment and appropriate money from the general fund of the county to pay the cost of the assessment.

      3.  Except as otherwise provided in subsection 2, in designated areas within which the use of groundwater is predominantly for agricultural purposes [the levy] , any special assessment levied pursuant to this section must be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user must be based upon the proportion which his or her water right bears to the aggregate water rights in the designated area. The minimum charge is $1.

      [3.] 4.  The salaries and expenses may be paid by the State Engineer from the Water Distribution Revolving Account pending the levy and collection of [the] an assessment [as provided in] levied pursuant to this section.

      [4.  The]

      5.  Except as otherwise provided in subsection 2, if a special assessment is levied pursuant to this section, the proper officers of the county shall levy and collect the special assessment as other special assessments are levied and collected, and the assessment is a lien upon the property.

      [5.  The assessment provided for, when collected,]

      6.  Any special assessment collected pursuant to this section must be deposited with the State Treasurer for credit to the Water District Account to be accounted for in basin well accounts.

      [6.] 7.  Upon determination and certification by the State Engineer of the amount to be budgeted for the current or ensuing fiscal year for the purpose of paying the per diem and travel allowances of the groundwater board and employing consultants or other help needed to fulfill its responsibilities, the State Controller shall transfer that amount to a separate operating account for that fiscal year for the groundwater basin. Claims against the account must be approved by the groundwater board and paid as other claims against the State are paid. The State Engineer may use money in a particular basin well account to support an activity outside the basin in which the money is collected if the activity bears a direct relationship to the responsibilities or activities of the State Engineer regarding the particular groundwater basin.

      Sec. 3.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 840ê

 

CHAPTER 156, AB 280

Assembly Bill No. 280–Assemblymen Flores; Bilbray-Axelrod, Kramer and Smith

 

CHAPTER 156

 

[Approved: May 25, 2019]

 

AN ACT relating to document preparation services; defining “business entity”; authorizing a business entity to file a cash or surety bond for certain employees who perform document preparation services; setting forth certain procedures for claiming against a bond; exempting certain persons from the definition of a “document preparation service”; requiring an applicant for registration as a document preparation service to be a natural person; requiring the Secretary of State to deny or suspend the registration of a document preparation service under certain circumstances; revising provisions related to certain prohibited acts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes requirements for the registration and practice of a person who provides a document preparation service, which includes: (1) defining a “document preparation service”; (2) requiring persons who provide a document preparation service to register with the Secretary of State; (3) requiring persons who register as a document preparation service with the Secretary of State to file a cash bond or surety bond; and (4) prohibiting a person who provides a document preparation service from committing certain acts. (Chapter 240A of NRS) Section 2 of this bill authorizes a business entity to file a cash or surety bond with the Secretary of State on behalf of employees of the business entity who perform document preparation services for the business entity. Section 3 of this bill sets the amount of the bond filed by a business entity based on the number of employees covered by the bond, which includes temporary or seasonal employees. Section 3.5 of this bill establishes procedures for claiming against a bond. Section 7 of this bill lowers the amount of the bond required for an individual registrant from $50,000 to $25,000. Section 6 of this bill makes conforming changes.

      Section 1.5 of this bill defines the term “business entity.”

      Section 4 of this bill revises the definition of “document preparation service” to exempt enrolled agents who are authorized to practice before the Internal Revenue Service. Section 5 of this bill requires an applicant for registration as a document preparation service to be a natural person. Section 8 of this bill makes conforming changes. Section 5 also requires the Secretary of State to deny the registration of an applicant as a document preparation service if the applicant has had his or her appointment or registration as a notary public suspended or revoked for cause in this State or another state. Section 10 of this bill authorizes the Secretary of State to suspend the registration of a registrant who is also appointed as a notary public and whose appointment as a notary public has been suspended.

      Existing law prohibits a registrant from: (1) negotiating with another person concerning the rights or responsibilities of a client, communicating the position of a client to another person or conveying the position of another person to a client; (2) appearing on behalf of a client in a court proceeding or other formal adjudicative proceeding; (3) providing certain advice, explanations, opinions or recommendations to a client; or (4) selecting documents or strategies to assist a client. (NRS 240A.240) Under existing federal law, tax return preparers who are not enrolled agents have limited representation rights before the Internal Revenue Service.

 


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ê2019 Statutes of Nevada, Page 841 (CHAPTER 156, AB 280)ê

 

limited representation rights before the Internal Revenue Service. (IRS Rev. Proc. 2014-42) Section 9 of this bill clarifies that these prohibitions do not apply to a registrant to the extent that it would violate federal law.

      Existing law also prohibits a registrant from using certain terms, including “notary public,” in any advertisement or written description of the registrant or services offered. (NRS 240A.240) Section 9 provides that a registrant who is also an appointed notary public in this State and is in good standing with the Secretary of State may use the term “notary public” in such advertisements or written descriptions.

 

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 240A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 3.5, inclusive, of this act.

      Sec. 1.5. “Business entity” means a corporation, association, partnership, limited-liability company, limited-liability partnership or other entity organized and existing under the laws of this State.

      Sec. 2. 1.  A business entity that has one or more employees who perform document preparation services may file with the Secretary of State a cash bond or surety bond on behalf of all employees of the business entity who are registered as a document preparation service and provide document preparation services for the business entity. Any such bond must be for the applicable amount set forth in section 3 of this act.

      2.  If a business entity files a cash bond or surety bond pursuant to subsection 1, the employees of the business entity who are covered by the bond are not required to file a cash bond or surety bond pursuant to NRS 240A.120.

      3.  A cash or surety bond filed pursuant to subsection 1 must be approved as to form by the Attorney General and conditioned to provide:

      (a) Indemnification to a client or any other person who is determined in an action or proceeding to have suffered damage as a result of:

             (1) An act or omission of a registrant employed by the business entity which violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto;

             (2) A wrongful failure or refusal by a registrant employed by the business entity to provide services in accordance with a contract entered into pursuant to NRS 240A.190;

             (3) The fraud, dishonesty, negligence or other wrongful conduct of a registrant employed by the business entity; or

             (4) An act or omission of a registrant employed by the business entity in violation of any other federal or state law for which the return of fees, an award of damages or the imposition of sanctions have been awarded by a court of competent jurisdiction in this State; or

      (b) Payment to the Secretary of State for any civil penalty or award of attorney’s fees or costs of suit owing and unpaid by a registrant employed by the business entity to the Secretary of State pursuant to this chapter.

      4.  No part of a bond filed pursuant to this section may be withdrawn while the registration of a registrant employed by the business entity remains in effect, or while a proceeding to suspend or revoke the registration is pending.

      5.  If a surety bond is filed pursuant to subsection 1:

 


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      (a) Except as otherwise provided in subsection 6, the bond must be executed by the business entity as principal and by a surety company qualified and authorized to do business in this State.

      (b) The bond must cover the period of registration of each employee of the business entity who is registered as a document preparation service and performs document preparation services for the business entity, except when the surety is released in accordance with this section.

      (c) The surety shall pay any final, nonappealable judgment of a court of this State that has jurisdiction, upon receipt of written notice that the judgment is final.

      (d) The bond may be continuous, but regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.

      (e) If the penal sum of the bond is exhausted, the surety shall give written notice to the Secretary of State and the business entity within 30 days after its exhaustion.

      (f) The surety may be released after giving 30 days’ written notice to the Secretary of State and the business entity, but the release does not discharge or otherwise affect any claim resulting from an act or omission which is alleged to have occurred while the bond was in effect.

      6.  If a business entity employs only one registrant to perform document preparation services, the registrant must be named as principal in the bond filed pursuant to this section.

      7.  Except as otherwise provided in this subsection, if a cash bond is filed pursuant to subsection 1, the Secretary of State may retain the bond until the expiration of 3 years after the date the business entity has ceased to do business, or 3 years after the date of the expiration or revocation of the registration of each employee of the business entity who is registered as a document preparation service and performs document preparation services for the business entity, to ensure that there are no outstanding claims against the bond. A court of competent jurisdiction may order the return of the bond, or any part of the bond, at an earlier date upon evidence satisfactory to the court that there are no outstanding claims against the bond or that the part of the bond retained by the Secretary of State is sufficient to satisfy any outstanding claims. Interest on a cash bond filed pursuant to subsection 1 must accrue to the account of the depositor.

      8.  The registration of a registrant is suspended by operation of law when the registrant is no longer covered by a bond or the penal sum of the bond is exhausted. If the Secretary of State receives notice pursuant to subsection 5 that the penal sum of a surety bond is exhausted or that the surety is being released, the Secretary of State shall immediately notify the business entity and each registrant covered under the bond in writing that their registration is suspended by operation of law until another bond is filed in the same manner and amount as the former bond.

      9.  The Secretary of State may reinstate the registration of a registrant whose registration has been suspended pursuant to subsection 8 if, before the current term of the registration expires, the business entity files with the Secretary of State a new bond meeting the requirements of this section or the registrant files with the Secretary of State a new bond meeting the requirements of NRS 240A.120.

 


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      10.  Except as specifically authorized or required by this chapter, a business entity or registrant shall not make or cause to be made any oral or written reference to the registrant’s compliance with the requirements of this section.

      Sec. 3. 1.  A bond filed by a business entity pursuant to section 2 of this act on behalf of the employees of the business entity who are registered as a document preparation service must be in the penal sum of:

      (a) If the business entity employs 1 registrant to perform document preparation services, $25,000;

      (b) If the business entity employs at least 2 but not more than 25 registrants to perform document preparation services, $50,000;

      (c) If the business entity employs at least 26 but not more than 75 registrants to perform document preparation services, $75,000;

      (d) If the business entity employs at least 76 but not more than 125 registrants to perform document preparation services, $100,000;

      (e) If the business entity employs at least 126 but not more than 200 registrants to perform document preparation services, $150,000; and

      (f) If the business entity employs more than 200 registrants to perform document preparation services, $200,000.

      2.  For purposes of determining the amount of the bond required pursuant to subsection 1, the number of registrants employed by a business entity to perform document preparation services is the greatest number of registrants who will perform document preparation services for the business entity at any time during the year, including, without limitation, on a temporary or seasonal basis.

      Sec. 3.5. 1.  A claim against a bond filed pursuant to NRS 240A.120 or section 2 of this act may be filed in a court of competent jurisdiction for damages to the extent covered by the bond. A claim may not be brought against a bond after 3 years from the date of the act on which the action is based.

      2.  If a person commences an action pursuant to subsection 1, he or she must notify the Secretary of State in writing upon filing the action. Upon receiving such notification, the Secretary of State shall notify the person:

      (a) Whether the bond is in effect;

      (b) The amount of the bond; and

      (c) If there is any other claim against the bond, the title, court and case number of the action and the amount sought by the plaintiff in the other action.

      3.  If a surety wishes to make payment without awaiting action by a court:

      (a) The amount of the bond must be reduced to the extent of any payment made by the surety in good faith under the bond; and

      (b) Any payment must be based on written claims received by the surety before any action is taken by a court.

      4.  A surety may bring an action for interpleader against all claimants upon the bond. If such an action for interpleader is brought, the surety:

      (a) Shall publish notice of the action at least once each week for 2 weeks in every issue of a newspaper of general circulation in the county of the principal place of business of the registrant or business entity, as applicable; and

 


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      (b) May deduct its costs of the action, including, without limitation, costs for attorney’s fees and publication, from its liability under the bond.

      5.  Claims against a bond have equal priority. If a bond is insufficient to pay all claims in full, the claims must be paid on a pro rata basis. Any claimant may bring action against the registrant or business entity, as applicable, for the unpaid balance of a claim.

      Sec. 3.7. NRS 240A.010 is hereby amended to read as follows:

      240A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 240A.020 to 240A.050, inclusive, and section 1.5 of this act, have the meanings ascribed to them in those sections.

      Sec. 4. NRS 240A.030 is hereby amended to read as follows:

      240A.030  1.  “Document preparation service” means a person who:

      (a) For compensation and at the direction of a client, provides assistance to the client in a legal matter, including, without limitation:

             (1) Preparing or completing any pleading, application or other document for the client;

             (2) Translating an answer to a question posed in such a document;

             (3) Securing any supporting document, such as a birth certificate, required in connection with the legal matter;

             (4) Submitting a completed document on behalf of the client to a court or administrative agency; or

             (5) Preparing or assisting in the preparation of all or substantially all of a federal or state tax return or claim for a tax refund; or

      (b) Holds himself or herself out as a person who provides such services.

      2.  The term includes, without limitation:

      (a) A paralegal who performs one or more of the actions described in subsection 1 unless the paralegal works under the direction and supervision of an attorney authorized to practice law in this State;

      (b) A bankruptcy petition preparer as defined by section 110 of the United States Bankruptcy Code, 11 U.S.C. § 110; and

      (c) [An enrolled agent authorized to practice before] A tax return preparer, including, without limitation, a tax return preparer who holds a current Annual Filing Season Program Record of Completion issued by the Internal Revenue Service.

      3.  The term does not include:

      (a) A person who provides only secretarial or receptionist services.

      (b) An attorney:

             (1) Authorized to practice law in this State, or an employee of such an attorney who is paid directly by the attorney or law firm with whom the attorney is associated and who is acting in the course and scope of that employment.

             (2) Authorized to practice law in any other state or the District of Columbia who provides services related to the legal matters described in subsection 2 of NRS 240A.040.

      (c) A law student certified by the State Bar of Nevada for training in the practice of law.

      (d) A governmental entity or an employee of such an entity who is acting in the course and scope of that employment.

      (e) A nonprofit organization formed pursuant to title 7 of NRS which the Secretary of the Treasury has determined is a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and which provides legal services to persons free of charge, or an employee of such an organization who is acting in the course and scope of that employment.

 


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free of charge, or an employee of such an organization who is acting in the course and scope of that employment.

      (f) A legal aid office or lawyer referral service operated, sponsored or approved by a duly accredited law school, a governmental entity, the State Bar of Nevada or any other bar association which is representative of the general bar of the geographical area in which the bar association exists, or an employee of such an office or service who is acting in the course and scope of that employment.

      (g) A military legal assistance office or a person assigned to such an office who is acting in the course and scope of that assignment.

      (h) Except as otherwise provided in paragraphs (b) and (c) of subsection 2, a person licensed by or registered with an agency or entity of the United States Government acting within the scope of his or her license or registration, including, without limitation, an accredited immigration representative [.] and an enrolled agent authorized to practice before the Internal Revenue Service.

      (i) A corporation, limited-liability company or other entity representing or acting for itself through an officer, manager, member or employee of the entity, or any such officer, manager, member or employee who is acting in the course and scope of that employment.

      (j) A commercial wedding chapel.

      (k) A person who provides legal forms or computer programs that enable another person to create legal documents.

      (l) A commercial registered agent.

      (m) A person who holds a license, permit, certificate, registration or any other type of authorization required by chapter 645 or 692A of NRS, or any regulation adopted pursuant thereto, and is acting within the scope of that authorization.

      (n) A collection agency that is licensed pursuant to chapter 649 of NRS.

      (o) A certified public accountant pursuant to the provisions of chapter 628 of NRS or a financial planner that is subject to the requirements of chapter 628A of NRS who is acting within the scope of the license or requirements, as applicable, to prepare or assist in preparing a federal or state tax return or claim for a tax refund for another person.

      4.  As used in this section:

      (a) “Commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      (b) “Commercial wedding chapel” means a permanently affixed structure which operates a business principally for the performance of weddings and which is licensed for that purpose.

      Sec. 5. NRS 240A.100 is hereby amended to read as follows:

      240A.100  1.  A person who wishes to engage in the business of a document preparation service must be registered by the Secretary of State pursuant to this chapter. An applicant for registration must be [a] :

      (a) A natural person;

      (b) A citizen or legal resident of the United States or hold a valid Employment Authorization Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security ; [,] and [be at]

      (c) At least 18 years of age.

      2.  The Secretary of State shall not register as a document preparation service any person:

 


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      (a) Who is suspended or has previously been disbarred from the practice of law in any jurisdiction;

      (b) Whose registration as a document preparation service in this State or another state has previously been revoked for cause;

      (c) Whose appointment or registration as a notary public in this State or another state has been previously revoked or suspended for cause;

      (d) Who has previously been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a gross misdemeanor or a category D felony pursuant to NRS 240A.290; or

      [(d)](e) Who has, within the 10 years immediately preceding the date of the application for registration as a document preparation service, been:

             (1) Convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime involving theft, fraud or dishonesty;

             (2) Convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, the unauthorized practice of law pursuant to NRS 7.285 or the corresponding statute of any other jurisdiction; or

             (3) Adjudged by the final judgment of any court to have committed an act involving theft, fraud or dishonesty.

      3.  An application for registration as a document preparation service must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by:

      (a) A nonrefundable application fee of $50; and

      (b) A cash bond or surety bond meeting the requirements of NRS 240A.120 [.] or proof that the applicant is covered by a bond filed by a business entity pursuant to section 2 of this act.

      4.  An applicant for registration must submit to the Secretary of State a declaration under penalty of perjury stating that the applicant has not had a certificate or license as a document preparation service revoked or suspended in this State or any other state or territory of the United States.

      5.  After the investigation of the history of the applicant is completed, the Secretary of State shall issue a certificate of registration if the applicant is qualified for registration and has complied with the requirements of this section. Each certificate of registration must bear the name of the registrant and a registration number unique to that registrant. The Secretary of State shall maintain a record of the name and registration number of each registrant.

      6.  An application for registration as a document preparation service that is not completed within 120 days after the date on which the application was submitted must be denied. If an application is denied pursuant to this subsection, the applicant may submit a new application.

      Sec. 6. NRS 240A.110 is hereby amended to read as follows:

      240A.110  1.  The registration of a document preparation service is valid for 1 year after the date of issuance of the certificate of registration, unless the registration is suspended or revoked. Except as otherwise provided in this section, the registration may be renewed subject to the same conditions as the initial registration. An application for renewal must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by:

      (a) A renewal fee of $25; and

      (b) A cash bond or surety bond meeting the requirements of NRS 240A.120 [,] or proof that the applicant is covered by a bond filed by a business entity pursuant to section 2 of this act, unless the bond previously filed by the registrant remains on file and in effect.

 


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business entity pursuant to section 2 of this act, unless the bond previously filed by the registrant remains on file and in effect.

      2.  The registration of a registrant who holds a valid Employment Authorization Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security must expire on the date on which that person’s employment authorization expires.

      3.  The Secretary of State may:

      (a) Conduct any investigation of a registrant that the Secretary of State deems appropriate.

      (b) Require a registrant to submit a complete set of fingerprints and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      4.  After any investigation of the history of a registrant is completed, unless the Secretary of State elects or is required to deny renewal pursuant to this section or NRS 240A.270, the Secretary of State shall renew the registration if the registrant is qualified for registration and has complied with the requirements of this section.

      Sec. 7. NRS 240A.120 is hereby amended to read as follows:

      240A.120  1.  [A] Except as otherwise provided in sections 2 and 3 of this act, a registrant shall file with the Secretary of State a cash bond or surety bond in the penal sum of [$50,000] $25,000 which is approved as to form by the Attorney General and conditioned to provide:

      (a) Indemnification to a client or any other person who is determined in an action or proceeding to have suffered damage as a result of:

             (1) An act or omission of the registrant, or an agent or employee of the registrant, which violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto;

             (2) A wrongful failure or refusal by the registrant, or an agent or employee of the registrant, to provide services in accordance with a contract entered into pursuant to NRS 240A.190;

             (3) The fraud, dishonesty, negligence or other wrongful conduct of the registrant or an agent or employee of the registrant; or

             (4) An act or omission of the registrant in violation of any other federal or state law for which the return of fees, an award of damages or the imposition of sanctions have been awarded by a court of competent jurisdiction in this State; or

      (b) Payment to the Secretary of State for any civil penalty or award of attorney’s fees or costs of suit owing and unpaid by the registrant to the Secretary of State pursuant to this chapter.

      2.  No part of the bond may be withdrawn while the registration of the registrant remains in effect, or while a proceeding to suspend or revoke the registration is pending.

      3.  If a surety bond is filed pursuant to subsection 1:

      (a) The bond must be executed by the registrant as principal and by a surety company qualified and authorized to do business in this State.

      (b) The bond must cover the period of the registration of the registrant, except when the surety is released in accordance with this section.

      (c) The surety shall pay any final, nonappealable judgment of a court of this State that has jurisdiction, upon receipt of written notice that the judgment is final.

 


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      (d) The bond may be continuous, but regardless of the duration of the bond, the aggregate liability of the surety does not exceed the penal sum of the bond.

      (e) If the penal sum of the bond is exhausted, the surety shall give written notice to the Secretary of State and the registrant within 30 days after its exhaustion.

      (f) The surety may be released after giving 30 days’ written notice to the Secretary of State and the registrant, but the release does not discharge or otherwise affect any claim resulting from an act or omission which is alleged to have occurred while the bond was in effect.

      4.  Except as otherwise provided in this subsection, if a cash bond is filed pursuant to subsection 1, the Secretary of State may retain the bond until the expiration of 3 years after the date the registrant has ceased to do business, or 3 years after the date of the expiration or revocation of the registration, to ensure that there are no outstanding claims against the bond. A court of competent jurisdiction may order the return of the bond, or any part of the bond, at an earlier date upon evidence satisfactory to the court that there are no outstanding claims against the bond or that the part of the bond retained by the Secretary of State is sufficient to satisfy any outstanding claims. Interest on a cash bond filed pursuant to subsection 1 must accrue to the account of the depositor.

      5.  The registration of a registrant is suspended by operation of law when the registrant is no longer covered by a bond or the penal sum of the bond is exhausted. If the Secretary of State receives notice pursuant to subsection 3 that the penal sum of a surety bond is exhausted or that the surety is being released, the Secretary of State shall immediately notify the registrant in writing that his or her registration is suspended by operation of law until another bond is filed in the same manner and amount as the former bond.

      6.  The Secretary of State may reinstate the registration of a registrant whose registration has been suspended pursuant to subsection 5 if, before the current term of the registration expires, the registrant files with the Secretary of State a new bond meeting the requirements of this section.

      7.  Except as specifically authorized or required by this chapter, a registrant shall not make or cause to be made any oral or written reference to the registrant’s compliance with the requirements of this section.

      Sec. 8. NRS 240A.130 is hereby amended to read as follows:

      240A.130  1.  In addition to any other requirements set forth in this chapter:

      (a) A [natural] person who applies for registration or the renewal of registration as a document preparation service pursuant to NRS 240A.100 or 240A.110 must include the social security number of the applicant in the application submitted to the Secretary of State.

      (b) An applicant described in paragraph (a) shall submit to the Secretary of State the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Secretary of State shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for registration or the renewal of registration; or

      (b) A separate form prescribed by the Secretary of State.

 


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      3.  Registration as a document preparation service may not be issued or renewed by the Secretary of State if the applicant:

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

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

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

      Sec. 9. NRS 240A.240 is hereby amended to read as follows:

      240A.240  1.  A registrant shall not:

      [1.](a) After the date of the last service performed for a client, retain any fees or costs for services not performed or costs not incurred.

      [2.](b) Make, orally or in writing:

      [(a)](1) A promise of the result to be obtained by the filing or submission of any document, unless the registrant has some basis in fact for making the promise;

      [(b)](2) A statement that the registrant has some special influence with or is able to obtain special treatment from the court or agency with which a document is to be filed or submitted; or

      [(c)](3) A false or misleading statement to a client if the registrant knows that the statement is false or misleading or knows that the registrant lacks a sufficient basis for making the statement.

      [3.  In]

      (c) Except as otherwise provided in subsection 3, in any advertisement or written description of the registrant or the services provided by the registrant, or on any letterhead or business card of the registrant, use the term “legal aid,” “legal services,” “law office,” “notario,” “notario publico,” “notary public,” “notary,” “paralegal,” “legal assistant,” “licensed,” “licenciado,” “attorney,” “lawyer” or any similar term, in English, Spanish or any other language, which implies that the registrant:

      [(a)](1) Offers services without charge if the registrant does not do so;

      [(b)](2) Is an attorney authorized to practice law in this State; or

      [(c)](3) Is acting under the direction and supervision of an attorney.

      [4.](d) Represent himself or herself, orally or in writing, as a paralegal or legal assistant which implies that the registrant is acting under the direction and supervision of an attorney licensed to practice law in this State.

      [5.  Negotiate]

      (e) Except as otherwise provided in subsection 2, negotiate with another person concerning the rights or responsibilities of a client, communicate the position of a client to another person or convey the position of another person to a client.

      [6.  Appear]

 


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      (f) Except as otherwise provided in subsection 2, appear on behalf of a client in a court proceeding or other formal adjudicative proceeding, unless the registrant is ordered to appear by the court or presiding officer.

      [7.  Provide]

      (g) Except as otherwise provided in subsection 2, provide any advice, explanation, opinion or recommendation to a client about possible legal rights, remedies, defenses, options or the selection of documents or strategies, except that a registrant may provide to a client published factual information, written or approved by an attorney, relating to legal procedures, rights or obligations.

      [8.](h) Seek or obtain from a client a waiver of any provision of this chapter. Any such waiver is contrary to public policy and void.

      2.  The provisions of paragraphs (e), (f) and (g) of subsection 1 do not apply to a registrant to the extent that compliance with such provisions would violate federal law.

      3.  A registrant who is also a notary public appointed by the Secretary of State pursuant to chapter 240 of NRS and in good standing with the Secretary of State may, in any advertisement or written description of the registrant or the services provided by the registrant, use the term “notary public.”

      Sec. 10. NRS 240A.270 is hereby amended to read as follows:

      240A.270  1.  The Secretary of State may deny, suspend, revoke or refuse to renew the registration of any person who violates a provision of this chapter or a regulation or order adopted or issued pursuant thereto. Except as otherwise provided in [subsection] subsections 2 [,] and 3, a suspension or revocation may be imposed only after a hearing.

      2.  The Secretary of State may suspend the registration of any person who is also appointed as a notary public pursuant to NRS 240.010 and whose appointment as a notary public is suspended for violating the provisions of NRS 240.001 to 240.169, inclusive, or a regulation or order adopted or issued pursuant thereto. If the Secretary of State suspends the registration of a registrant pursuant to this subsection:

      (a) The Secretary of State shall notify the registrant in writing of the suspension.

      (b) The registrant may have his or her registration as a document preparation service reinstated by the Secretary of State if his or her registration as a document preparation service has not expired during the suspension upon a showing that his or her suspension as a notary public has been lifted.

      [2.  The]

      3.  Except as otherwise provided in subsection 2, the Secretary of State shall immediately revoke the registration of a registrant upon the receipt of an official document or record showing:

      (a) The entry of a judgment or conviction; or

      (b) The occurrence of any other event,

Ê that would disqualify the registrant from registration pursuant to subsection 2 of NRS 240A.100.

      Sec. 11.  This act becomes effective upon passage and approval.

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CHAPTER 157, AB 335

Assembly Bill No. 335–Assemblymen Jauregui; and Hafen

 

CHAPTER 157

 

[Approved: May 25, 2019]

 

AN ACT relating to real property; revising provisions relating to the fees that a unit-owners’ association for a common-interest community may charge for certain services; revising provisions relating to the resale of a unit in a common-interest community or condominium hotel; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a unit-owners’ association for a common-interest community to charge certain fees for performing certain services. (NRS 116.3102) Section 1 of this bill authorizes an association to impose a fee for opening or closing any file for each unit.

      Existing law requires a unit’s owner in a common-interest community or condominium hotel to furnish to a prospective buyer a resale package containing certain information. (NRS 116.4109, 116B.760) Sections 3 and 5 of this bill: (1) specify that certain periods for taking certain actions relating to the resale package must be measured in either calendar days or business days; and (2) provide that the resale package remains effective for 90 calendar days. Section 3 also requires an association for a common-interest community to provide a copy of a statement of demand to an interested party not later than 10 calendar days after receipt of a written request to do so. Section 3.5 of this bill: (1) establishes a maximum fee that an association for a common-interest community may charge for furnishing a certificate for inclusion in the resale package; (2) eliminates the authority to charge a fee for providing certain documents in electronic format; and (3) increases the amount an association for a common-interest community may charge for furnishing a statement of demand.

      Sections 2 and 6 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. NRS 116.3102 is hereby amended to read as follows:

      116.3102  1.  Except as otherwise provided in this chapter, and subject to the provisions of the declaration, the association:

      (a) Shall adopt and, except as otherwise provided in the bylaws, may amend bylaws and may adopt and amend rules and regulations.

      (b) Shall adopt and may amend budgets in accordance with the requirements set forth in NRS 116.31151, may collect assessments for common expenses from the units’ owners and may invest funds of the association in accordance with the requirements set forth in NRS 116.311395.

      (c) May hire and discharge managing agents and other employees, agents and independent contractors.

      (d) May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the common-interest community. The association may not institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or units’ owners with respect to an action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive, unless the action pertains exclusively to common elements.

 


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litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or units’ owners with respect to an action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive, unless the action pertains exclusively to common elements.

      (e) May make contracts and incur liabilities. Any contract between the association and a private entity for the furnishing of goods or services must not include a provision granting the private entity the right of first refusal with respect to extension or renewal of the contract.

      (f) May regulate the use, maintenance, repair, replacement and modification of common elements.

      (g) May cause additional improvements to be made as a part of the common elements.

      (h) May acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:

             (1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112; and

             (2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112.

      (i) May grant easements, leases, licenses and concessions through or over the common elements.

      (j) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to the units’ owners, including, without limitation, any services provided pursuant to NRS 116.310312.

      (k) May impose charges for late payment of assessments pursuant to NRS 116.3115.

      (l) May impose construction penalties when authorized pursuant to NRS 116.310305.

      (m) May impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116.31031.

      (n) May impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109, for preparing and furnishing the documents and certificate required by that section.

      (o) May impose a reasonable fee for opening or closing any file for each unit. Such a fee:

             (1) Must be based on the actual cost the association incurs to open or close any file.

             (2) Must not exceed $350.

             (3) Must not be charged to both the seller and the purchaser of a unit.

             (4) Except as otherwise provided in this subparagraph and subject to the limitation set forth in subparagraph (2), may increase, on an annual basis, by a percentage equal to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. The fee must not increase by more than 3 percent each year.

 


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      (p) May provide for the indemnification of its officers and executive board and maintain directors and officers liability insurance.

      [(p)] (q) May assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides.

      [(q)] (r) May exercise any other powers conferred by the declaration or bylaws.

      [(r)] (s) May exercise all other powers that may be exercised in this State by legal entities of the same type as the association.

      [(s)] (t) May direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

             (1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

             (2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.

      [(t)] (u) May exercise any other powers necessary and proper for the governance and operation of the association.

      2.  The declaration may not limit the power of the association to deal with the declarant if the limit is more restrictive than the limit imposed on the power of the association to deal with other persons.

      3.  The executive board may determine whether to take enforcement action by exercising the association’s power to impose sanctions or commence an action for a violation of the declaration, bylaws or rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it. The executive board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

      (a) The association’s legal position does not justify taking any or further enforcement action;

      (b) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with current law;

      (c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources; or

      (d) It is not in the association’s best interests to pursue an enforcement action.

      4.  The executive board’s decision under subsection 3 not to pursue enforcement under one set of circumstances does not prevent the executive board from taking enforcement action under another set of circumstances, but the executive board may not be arbitrary or capricious in taking enforcement action.

      5.  Notwithstanding any provision of this chapter or the governing documents to the contrary, an association may not impose any assessment pursuant to this chapter or the governing documents on the owner of any property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.

 


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pursuant to this chapter or the governing documents on the owner of any property in the common-interest community that is exempt from taxation pursuant to NRS 361.125. For the purposes of this subsection, “assessment” does not include any charge for any utility services, including, without limitation, telecommunications, broadband communications, cable television, electricity, natural gas, sewer services, garbage collection, water or for any other service which is delivered to and used or consumed directly by the property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.

      Sec. 2. NRS 116.3116 is hereby amended to read as follows:

      116.3116  1.  The association has a lien on a unit for any construction penalty that is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the construction penalty, assessment or fine becomes due. Unless the declaration otherwise provides, any penalties, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j) to [(n),] (o), inclusive, of subsection 1 of NRS 116.3102 and any costs of collecting a past due obligation charged pursuant to NRS 116.310313 are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

      2.  A lien under this section is prior to all other liens and encumbrances on a unit except:

      (a) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to;

      (b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent, except that a lien under this section is prior to a security interest described in this paragraph to the extent set forth in subsection 3;

      (c) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative; and

      (d) Liens for any fee or charge levied pursuant to subsection 1 of NRS 444.520.

      3.  A lien under this section is prior to all security interests described in paragraph (b) of subsection 2 to the extent of:

      (a) Any charges incurred by the association on a unit pursuant to NRS 116.310312;

      (b) The unpaid amount of assessments, not to exceed an amount equal to assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 which would have become due in the absence of acceleration during the 9 months immediately preceding the date on which the notice of default and election to sell is recorded pursuant to paragraph (b) of subsection 1 of NRS 116.31162; and

      (c) The costs incurred by the association to enforce the lien in an amount not to exceed the amounts set forth in subsection 5,

Ê unless federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien. If federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior to all security interests described in paragraph (b) of subsection 2 must be determined in accordance with those federal regulations, except that notwithstanding the provisions of the federal regulations, the period of priority for the lien must not be less than the 6 months immediately preceding the recording of a notice of default and election to sell pursuant to paragraph (b) of subsection 1 of NRS 116.31162 or the institution of a judicial action to enforce the lien.

 


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Association require a shorter period of priority for the lien, the period during which the lien is prior to all security interests described in paragraph (b) of subsection 2 must be determined in accordance with those federal regulations, except that notwithstanding the provisions of the federal regulations, the period of priority for the lien must not be less than the 6 months immediately preceding the recording of a notice of default and election to sell pursuant to paragraph (b) of subsection 1 of NRS 116.31162 or the institution of a judicial action to enforce the lien.

      4.  This section does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association.

      5.  The amount of the costs of enforcing the association’s lien that are prior to the security interest described in paragraph (b) of subsection 2 must not exceed the actual costs incurred by the association, must not include more than one trustee’s sale guaranty and must not exceed:

      (a) For a demand or intent to lien letter, $150.

      (b) For a notice of delinquent assessment, $325.

      (c) For an intent to record a notice of default letter, $90.

      (d) For a notice of default, $400.

      (e) For a trustee’s sale guaranty, $400.

Ê No costs of enforcing the association’s lien, other than the costs described in this subsection, and no amount of attorney’s fees may be included in the amount of the association’s lien that is prior to the security interest described in paragraph (b) of subsection 2.

      6.  Notwithstanding any other provision of law, an association, or member of the executive board, officer, employee or unit’s owner of the association, acting under the authority of this chapter or the governing documents of the association, or the community manager of the association, or any employee, agent or affiliate of the community manager, while engaged in the management of the common-interest community governed by the association, is not required to be licensed as a collection agency pursuant to chapter 649 of NRS or hire or contract with a collection agency licensed pursuant to chapter 649 of NRS to collect amounts due to the association in accordance with subsection 1 before the recording of a notice of default and election to sell pursuant to paragraph (b) of subsection 1 of NRS 116.31162.

      7.  The holder of the security interest described in paragraph (b) of subsection 2 or the holder’s authorized agent may establish an escrow account, loan trust account or other impound account for advance contributions for the payment of assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 if the unit’s owner and the holder of that security interest consent to the establishment of such an account. If such an account is established, payments from the account for assessments for common expenses must be made in accordance with the same due dates as apply to payments of such assessments by a unit’s owner.

      8.  Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

      9.  Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required.

 


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      10.  A lien for unpaid assessments is extinguished unless a notice of default and election to sell is recorded as required by paragraph (b) of subsection 1 of NRS 116.31162, or judicial proceedings to enforce the lien are instituted, within 3 years after the full amount of the assessments becomes due.

      11.  This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association from taking a deed in lieu of foreclosure.

      12.  A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.

      13.  The association, upon written request, shall furnish to a unit’s owner a statement setting forth the amount of unpaid assessments against the unit. If the interest of the unit’s owner is real estate or if a lien for the unpaid assessments may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit’s owner.

      14.  In a cooperative, upon nonpayment of an assessment on a unit, the unit’s owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and:

      (a) In a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, the association’s lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      (b) In a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105, the association’s lien:

             (1) May be foreclosed as a security interest under NRS 104.9101 to 104.9709, inclusive; or

             (2) If the declaration so provides, may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

      15.  In an action by an association to collect assessments or to foreclose a lien created under this section, the court may appoint a receiver to collect all rents or other income from the unit alleged to be due and owing to a unit’s owner before commencement or during pendency of the action. The receivership is governed by chapter 32 of NRS. The court may order the receiver to pay any sums held by the receiver to the association during pendency of the action to the extent of the association’s common expense assessments based on a periodic budget adopted by the association pursuant to NRS 116.3115.

      16.  Notwithstanding any other provision of law, any payment of an amount due to an association in accordance with subsection 1 by the holder of any lien or encumbrance on a unit that is subordinate to the association’s lien under this section becomes a debt due from the unit’s owner to the holder of the lien or encumbrance.

      Sec. 3. NRS 116.4109 is hereby amended to read as follows:

      116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner or his or her authorized agent shall, at the expense of the unit’s owner, furnish to a purchaser a resale package containing all of the following:

      (a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095.

 


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      (b) A statement from the association setting forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner.

      (c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152.

      (d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge.

      (e) A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit.

      (f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.

      2.  The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the unit’s owner or his or her authorized agent, mail the notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent or deliver the notice of cancellation by electronic transmission to the unit’s owner or his or her authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to:

      (a) Cancel the contract pursuant to this subsection; or

      (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.

      3.  Within 10 calendar days after receipt of a written request by a unit’s owner or his or her authorized agent, the association shall furnish all of the following to the unit’s owner or his or her authorized agent for inclusion in the resale package:

      (a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and

      (b) A certificate containing the information necessary to enable the unit’s owner to comply with paragraphs (b), (d), (e) and (f) of subsection 1.

      4.  If the association furnishes the documents and certificate pursuant to subsection 3:

      (a) The unit’s owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.

 


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and neither the unit’s owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.

      (b) The association may charge the unit’s owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate.

      (c) The other documents furnished pursuant to subsection 3 must be provided in electronic format to the unit’s owner. The association may charge the unit’s owner a fee, not to exceed $20, to provide such documents in electronic format. If the association is unable to provide such documents in electronic format, the association may charge the unit’s owner a reasonable fee, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying.

      (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.

      5.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the association. If the association fails to furnish the documents and certificate within the 10 calendar days allowed by this section, the purchaser is not liable for the delinquent assessment. A resale package provided to a unit’s owner or his or her authorized agent pursuant to this section remains effective for 90 calendar days.

      6.  Upon the request of a unit’s owner or his or her authorized agent, or upon the request of a purchaser to whom the unit’s owner has provided a resale package pursuant to this section or his or her authorized agent, the association shall make the entire study of the reserves of the association which is required by NRS 116.31152 reasonably available for the unit’s owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.

      7.  A unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit may request a statement of demand from the association. Not later than 10 calendar days after receipt of a written request from the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit for a statement of demand, the association shall furnish a statement of demand to the person who requested the statement [.] and provide a copy of the statement to any other interested party. The association may charge a fee of not more than $150 to prepare and furnish a statement of demand pursuant to this subsection and an additional fee of not more than $100 to furnish a statement of demand within 3 business days after receipt of a written request for a statement of demand. The statement of demand:

      (a) Must set forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner; and

 


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limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner; and

      (b) Remains effective for the period specified in the statement of demand, which must not be less than 15 business days after the date of delivery by the association to the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit, whichever is applicable.

Ê As used in this subsection, “interested party” includes the unit’s owner selling the unit and the prospective purchaser of the unit.

      8.  If the association becomes aware of an error in a statement of demand furnished pursuant to subsection 7 during the period in which the statement of demand is effective but before the consummation of a resale for which a resale package was furnished pursuant to subsection 1, the association must deliver a replacement statement of demand to the person who requested the statement of demand. Unless the person who requested the statement of demand receives a replacement statement of demand, the person may rely upon the accuracy of the information set forth in the statement of demand provided by the association for the resale. Payment of the amount set forth in the statement of demand constitutes full payment of the amount due from the selling unit’s owner.

      Sec. 3.5. NRS 116.4109 is hereby amended to read as follows:

      116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner or his or her authorized agent shall, at the expense of the unit’s owner, furnish to a purchaser a resale package containing all of the following:

      (a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095.

      (b) A statement from the association setting forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner.

      (c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152.

      (d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge.

      (e) A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit.

      (f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.

 


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      2.  The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the unit’s owner or his or her authorized agent, mail the notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent or deliver the notice of cancellation by electronic transmission to the unit’s owner or his or her authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to:

      (a) Cancel the contract pursuant to this subsection; or

      (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.

      3.  Within 10 calendar days after receipt of a written request by a unit’s owner or his or her authorized agent, the association shall furnish all of the following to the unit’s owner or his or her authorized agent for inclusion in the resale package:

      (a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and

      (b) A certificate containing the information necessary to enable the unit’s owner to comply with paragraphs (b), (d), (e) and (f) of subsection 1.

      4.  If the association furnishes the documents and certificate pursuant to subsection 3:

      (a) The unit’s owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.

      (b) The association may charge the unit’s owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate [.] , which must not exceed $185, except that if a unit’s owner or an authorized agent thereof requests that the certificate be furnished sooner than 3 business days after the date of the request, the association may charge a fee of up to the maximum amount established by the Commission to expedite the preparation of the certificate. The amount of the fee may increase, on an annual basis, by a percentage equal to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year, but must not increase by more than 3 percent each year.

      (c) The other documents furnished pursuant to subsection 3 must be provided in electronic format to the unit’s owner. [The association may charge the unit’s owner a fee, not to exceed $20, to provide such documents in electronic format.] If the association is unable to provide such documents in electronic format, the association may charge the unit’s owner a reasonable fee, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying.

 


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reasonable fee, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying.

      (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.

      5.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the association. If the association fails to furnish the documents and certificate within the 10 calendar days allowed by this section, the purchaser is not liable for the delinquent assessment. A resale package provided to a unit’s owner or his or her authorized agent pursuant to this section remains effective for 90 calendar days.

      6.  Upon the request of a unit’s owner or his or her authorized agent, or upon the request of a purchaser to whom the unit’s owner has provided a resale package pursuant to this section or his or her authorized agent, the association shall make the entire study of the reserves of the association which is required by NRS 116.31152 reasonably available for the unit’s owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.

      7.  A unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit may request a statement of demand from the association. Not later than 10 calendar days after receipt of a written request from the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit for a statement of demand, the association shall furnish a statement of demand to the person who requested the statement and provide a copy of the statement to any other interested party. The association may charge a fee of not more than [$150] $165 to prepare and furnish a statement of demand pursuant to this subsection and an additional fee of not more than $100 to furnish a statement of demand within 3 business days after receipt of a written request for a statement of demand. The amount of the fees for preparing and furnishing a statement of demand and the additional fee for furnishing a statement of demand within 3 business days may increase, on an annual basis, by a percentage equal to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year, but must not increase by more than 3 percent each year. The statement of demand:

      (a) Must set forth the amount of the monthly assessment for common expenses and any unpaid obligation of any kind, including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner; and

      (b) Remains effective for the period specified in the statement of demand, which must not be less than 15 business days after the date of delivery by the association to the unit’s owner, the authorized agent of the unit’s owner or the holder of a security interest on the unit, whichever is applicable.

Ê As used in this subsection, “interested party” includes the unit’s owner selling the unit and the prospective purchaser of the unit.

 


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      8.  If the association becomes aware of an error in a statement of demand furnished pursuant to subsection 7 during the period in which the statement of demand is effective but before the consummation of a resale for which a resale package was furnished pursuant to subsection 1, the association must deliver a replacement statement of demand to the person who requested the statement of demand. Unless the person who requested the statement of demand receives a replacement statement of demand, the person may rely upon the accuracy of the information set forth in the statement of demand provided by the association for the resale. Payment of the amount set forth in the statement of demand constitutes full payment of the amount due from the selling unit’s owner.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. NRS 116B.760 is hereby amended to read as follows:

      116B.760  1.  Except in the case of a sale in which delivery of a public offering statement is required, a unit’s owner or his or her authorized agent shall furnish to a purchaser a resale package containing all of the following:

      (a) A copy of this chapter, the declaration, other than any plats, the bylaws, the rules or regulations of the association and the hotel unit owner and the information statement required by NRS 116B.765;

      (b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner;

      (c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by this chapter;

      (d) A current year-to-date statement of the shared expenses charged to the units and the projected budget for the shared expenses, either within or as an exhibit to the public offering statement. The budget must include, without limitation:

             (1) A statement of the amount included in the budget as reserves for repairs, replacement and restoration pursuant to this chapter; and

             (2) The projected monthly shared expenses for each type of unit, including the amount established as reserves pursuant to this chapter;

      (e) A description of any other payments, fees and charges that may be charged by the hotel unit owner, including those that may be charged in order to offset the increased burden placed on the shared components as a result of use of residential units as transient rentals; and

      (f) A statement of any unsatisfied judgments or pending legal actions against the association or the hotel unit owner which affect the shared components and the status of any pending legal actions relating to the condominium hotel of which the unit’s owner has actual knowledge.

      2.  The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the residential unit owner or his or her authorized agent or mail the notice of cancellation by prepaid United States mail to the residential unit owner or his or her authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the residential unit, the purchaser is not entitled to:

 


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      (a) Cancel the contract pursuant to this subsection; or

      (b) Damages, rescission or other relief based solely on the ground that the residential unit owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.

      3.  Within 10 calendar days after receipt of a written request by a residential unit owner or his or her authorized agent, the hotel unit owner shall furnish all of the following to the residential unit owner or his or her authorized agent for inclusion in the resale package:

      (a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and

      (b) A certificate containing the information necessary to enable the residential unit owner to comply with paragraphs (b), (d), (e) and (f) of subsection 1.

      4.  If the hotel unit owner furnishes the documents and certificate pursuant to subsection 3:

      (a) The residential unit owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the residential unit owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the hotel unit owner and included in the documents and certificate.

      (b) The hotel unit owner may charge the residential unit owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that the hotel unit owner may charge for preparing the certificate.

      (c) The other documents furnished pursuant to subsection 3 must be provided in electronic format at no charge to the unit’s owner or, if the hotel unit owner is unable to provide such documents in electronic format, the hotel unit owner may charge the residential unit owner a reasonable fee, not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying.

      (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the hotel unit owner may not charge the residential unit owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.

      5.  Neither a purchaser nor the purchaser’s interest in a residential unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the hotel unit owner. If the hotel unit owner fails to furnish the documents and certificate within the 10 calendar days allowed by this section, the purchaser is not liable for the delinquent assessment. A resale package provided to a unit’s owner or his or her authorized agent pursuant to this section remains effective for 90 calendar days.

      6.  Upon the request of a residential unit owner or his or her authorized agent, or upon the request of a purchaser to whom the hotel unit owner has provided a resale package pursuant to this section or his or her authorized agent, the hotel unit owner shall make the entire study of the reserves of the association or the shared components reasonably available for the residential unit owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or the hotel unit owner or some other suitable location within the county where the condominium hotel is situated or, if it is situated in more than one county, within one of those counties.

 


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association or the hotel unit owner or some other suitable location within the county where the condominium hotel is situated or, if it is situated in more than one county, within one of those counties.

      Sec. 6. NRS 38.300 is hereby amended to read as follows:

      38.300  As used in NRS 38.300 to 38.360, inclusive, unless the context otherwise requires:

      1.  “Assessments” means:

      (a) Any charge which an association may impose against an owner of residential property pursuant to a declaration of covenants, conditions and restrictions, including any late charges, interest and costs of collecting the charges; and

      (b) Any penalties, fines, fees and other charges which may be imposed by an association pursuant to paragraphs (j) to [(n),] (o), inclusive, of subsection 1 of NRS 116.3102 or subsections 10, 11 and 12 of NRS 116B.420.

      2.  “Association” has the meaning ascribed to it in NRS 116.011 or 116B.030.

      3.  “Civil action” includes an action for money damages or equitable relief. The term does not include an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.

      4.  “Division” means the Real Estate Division of the Department of Business and Industry.

      5.  “Program” means a program established by the Division under which a person, including, without limitation, a referee or hearing officer, can render decisions on disputes relating to:

      (a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

      (b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property.

      6.  “Residential property” includes, but is not limited to, real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS. The term does not include commercial property if no portion thereof contains property which is used for residential purposes.

      Sec. 7.  1.  This section and sections 3 and 5 of this act become effective upon passage and approval.

      2.  Sections 1, 2, 3.5 and 6 of this act become effective on January 1, 2020.

________

 


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CHAPTER 158, AB 362

Assembly Bill No. 362–Assemblyman Fumo

 

CHAPTER 158

 

[Approved: May 25, 2019]

 

AN ACT relating to confidential information; authorizing any county manager in this State and certain other public employees, including social workers, who perform tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers to obtain court orders requiring a county assessor, county recorder, the Secretary of State or a county or city clerk to maintain certain personal information in a confidential manner; authorizing such persons to request the Department of Motor Vehicles to display an alternate address on the person’s driver’s license, commercial driver’s license or identification card; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes certain persons to obtain a court order to require a county assessor, county recorder, the Secretary of State or a city or county clerk to maintain the personal information of the person contained in their records in a confidential manner. The person seeking the order must submit to the court a sworn affidavit that, among other things, sets forth sufficient justification for the request for confidentiality. (NRS 247.530, 250.130, 293.906) The persons authorized to obtain such orders include justices, judges, certain court personnel, certain prosecutors and state or county public defenders. Existing law also authorizes the spouse, domestic partner or minor child of any such person and the surviving spouse, domestic partner or minor child of any such person who was killed in the performance of his or her duties to obtain such orders. (NRS 247.540, 250.140, 293.908) Sections 1-3 of this bill further authorize such orders to be obtained by any county manager in this State and by any person, including a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities interacts with the public and performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      Existing law authorizes certain persons to request that the Department of Motor Vehicles display an alternate address on the person’s driver’s license, commercial driver’s license or identification card. (NRS 481.091) Section 4 of this bill further authorizes any county manager in this State and any person, including a social worker, employed by this State or a political subdivision of this State who, as part of his or her normal job responsibilities, interacts with the public and performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers to make such requests.

 

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 247.540 is hereby amended to read as follows:

      247.540  1.  The following persons may request that the personal information described in subsection 1, 2 or 3 of NRS 247.520 that is contained in the records of a county recorder be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

 


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      (c) Any court-appointed master in this State.

      (d) Any clerk of a court, court administrator or court executive officer in this State.

      (e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (g) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

             (1) Interacts with the public; and

             (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      (h) Any county manager in this State.

      (i) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(f),] (h), inclusive.

      [(h)] (j) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(f),] (h), inclusive, who was killed in the performance of his or her duties.

      2.  Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 247.520 that is contained in the records of a county recorder be kept confidential.

      3.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 2. NRS 250.140 is hereby amended to read as follows:

      250.140  1.  The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of a court, court administrator or court executive officer in this State.

      (e) Any peace officer or retired peace officer.

      (f) Any prosecutor.

      (g) Any state or county public defender.

      (h) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities interacts with the public and performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

 


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      (i) Any county manager in this State.

      (j) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(g),] (i), inclusive.

      [(i)] (k) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(g),] (i), inclusive, who was killed in the performance of his or her duties.

      2.  Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.

      3.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Peace officer” means:

             (1) 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; and

             (2) Any person:

                   (I) Who resides in this State;

                   (II) Whose primary duties are to enforce the law; and

                   (III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

      [(b)] (d) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

      (e) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 3. NRS 293.908 is hereby amended to read as follows:

      293.908  The following persons may request that personal information contained in the records of the Secretary of State or a county or city clerk be kept confidential:

      1.  Any justice or judge in this State.

      2.  Any senior justice or senior judge in this State.

      3.  Any court-appointed master in this State.

      4.  Any clerk of a court, court administrator or court executive officer in this State.

      5.  Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

      (a) Crimes that are punishable as category A felonies; or

      (b) Domestic violence.

      6.  Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

      (a) Crimes that are punishable as category A felonies; or

      (b) Domestic violence.

      7.  Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

 


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      (a) Interacts with the public; and

      (b) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      8.  Any county manager in this State;

      9.  The spouse, domestic partner or minor child of a person described in subsections 1 to [6,] 8, inclusive.

      [8.] 10.  The surviving spouse, domestic partner or minor child of a person described in subsections 1 to [6,] 8, inclusive, who was killed in the performance of his or her duties.

      11.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 4. NRS 481.091 is hereby amended to read as follows:

      481.091  1.  The following persons may request that the Department display an alternate address on the person’s driver’s license, commercial driver’s license or identification card:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of the court, court administrator or court executive officer in this State.

      (e) Any district attorney or attorney employed by the district attorney who as part of his or her normal job responsibilities prosecutes persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (f) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      (g) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

             (1) Interacts with the public; and

             (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      (h) Any county manager in this State.

      (i) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(f),] (h), inclusive.

      [(h)] (j) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(f),] (h), inclusive, who was killed in the performance of his or her duties.

      2.  A person who wishes to have an alternate address displayed on his or her driver’s license, commercial driver’s license or identification card pursuant to this section must submit to the Department satisfactory proof:

      (a) That he or she is a person described in subsection 1; and

      (b) Of the person’s address of principal residence and mailing address, if different from the address of principal residence.

 


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      3.  A person who obtains a driver’s license, commercial driver’s license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her driver’s license, commercial driver’s license or identification card instead of the alternate address.

      4.  The Department may adopt regulations to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 159, AB 385

Assembly Bill No. 385–Assemblymen McCurdy and Neal

 

CHAPTER 159

 

[Approved: May 25, 2019]

 

AN ACT relating to tax credits; revising provisions governing the duties of the Southern Nevada Enterprise Community Board; requiring the Executive Director of the Office of Economic Development to meet with the Board to discuss and collaborate on topics related to the economic development of the Southern Nevada Enterprise Community and its surrounding areas; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law designates certain areas in the urban core of the Las Vegas Valley as the Southern Nevada Enterprise Community. (Chapter 407, Statutes of Nevada 2007, pp. 1781-86) Existing law authorizes the Office of Economic Development to administer applications for certain incentives for economic development in this State, including partial abatements of certain taxes, transferrable tax credits, grants and loans. (NRS 231.020-231.1597, 360.880-360.980)

      Section 1.3 of this bill requires the Executive Director of the Office of Economic Development to meet with the Board at least once per calendar quarter to discuss and collaborate on certain issues relating to economic development. Section 1.7 of this bill amends the Southern Nevada Enterprise Community Infrastructure Improvement Act to provide that the primary purposes of the Southern Nevada Enterprise Community Board include: (1) communicating to the Office of Economic Development certain recommendations of the Board regarding projects to receive economic development incentives and legislative action relating to economic development; and (2) meeting with the Executive Director of the Office of Economic Development as provided in section 1.3.

 

 

 


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ê2019 Statutes of Nevada, Page 870 (CHAPTER 159, AB 385)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.3.Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Executive Director shall meet with the Southern Nevada Enterprise Community Board at least once each calendar quarter to collaborate and discuss:

      (a) Ways to develop the economy within the Community and its surrounding areas;

      (b) Projects within the Community and its surrounding areas that may be eligible to obtain an abatement, partial abatement or exemption from taxes or any other incentive for economic development which is administered by the Office;

      (c) Strategies, in addition to the incentives for economic development administered by the Office, to encourage businesses to locate in the Community and its surrounding areas.

      2.  As used in this section, “Community” means the Southern Nevada Enterprise Community, which consists of the nine census tracts designated by President William Jefferson Clinton on December 21, 1994.

      Sec. 1.5. NRS 231.020 is hereby amended to read as follows:

      231.020  As used in NRS 231.020 to 231.139, inclusive, and section 1.3 of this act, unless the context otherwise requires, “motion pictures” includes feature films, movies made for broadcast or other electronic transmission, and programs made for broadcast or other electronic transmission in episodes.

      Sec. 1.7. Section 9 of the Southern Nevada Enterprise Community Infrastructure Improvement Act, being chapter 407, Statutes of Nevada 2007, as amended by Chapter 481, Statutes of Nevada 2009, at page 2772, is hereby amended to read as follows:

       Sec. 9.  The primary purposes of the Board are to:

       1.  Advise the governmental entities that have members on the Board with respect to the Project;

       2.  Identify projects that may be eligible for federal funding or funding through city and county redevelopment authorities, and request appropriations for those projects from the Clark County Board of County Commissioners, the Las Vegas City Council and the North Las Vegas City Council or the governing boards of their respective redevelopment authorities;

       3.  Carry out such additional projects as may be directed by the Legislature; and

       4.  Ensure that the needs and opinions of the residents of the Community are reflected adequately by the Project and any additional projects assigned to the Board.

      5.  Communicate to the Office of Economic Development:

      (a) Projects within the Community which the Board recommends for the receipt of any abatement, partial abatement or exemption from taxes or any other incentive for economic development which is administered by the Office.

 


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      (b) Recommendations of the Board for any legislative action concerning economic development incentives that would enable such incentives to be provided to businesses within the Community and its surrounding areas.

       6.  Meet and collaborate with the Executive Director of the Office of Economic Development as provided in section 1.3 of this act.

      Secs. 2-26. (Deleted by amendment.)

________

CHAPTER 160, AB 387

Assembly Bill No. 387–Assemblymen Frierson, Backus; and Carrillo

 

CHAPTER 160

 

[Approved: May 25, 2019]

 

AN ACT relating to mental health; establishing a task force to develop a program to prevent the relinquishment of custody of certain children to an agency which provides child welfare services or the voluntary placement of such children with a public or private agency or institution because of a need for services for a mental illness or emotional disturbance; requiring an agency which provides child welfare services to report certain information concerning the relinquishment of custody of children to the agency and the voluntary placement of children with the agency; requiring the Department to report to the Legislature certain information concerning such relinquishment and placement and the effectiveness of the program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes certain requirements concerning the treatment of a child with an emotional disturbance. (NRS 433B.290-433B.339) Section 3 of this bill requires the Director of the Department of Health and Human Services to establish a task force to develop a program to prevent the relinquishment of custody of children to an agency which provides child welfare services and the voluntary placement of children with a public or private agency or institution solely to allow the children to receive services to address a mental illness or emotional disturbance. Section 4 of this bill requires the task force to adopt procedures for: (1) conducting reviews and arranging the provision of services under the program; (2) increasing the availability of certain services; and (3) providing outreach and education to parents and providers of mental health services concerning the program. Section 4 additionally requires the Department to adopt regulations that identify the manner in which the cost of providing such services will be paid. Section 5 of this bill requires the Director to establish one or more clinical teams to review the cases of certain children who are at risk of the relinquishment of custody to an agency which provides child welfare services or the voluntary placement of such children with a public or private agency or institution solely to allow the children to receive services for a mental illness or emotional disturbance. Section 5 requires a clinical team to develop a plan of care for each such child and arrange for the provision of: (1) the services necessary to stabilize the condition of each such child while the plan of care is being developed; and (2) the services outlined in the plan of care. Section 6 of this bill requires: (1) each agency which provides child welfare services in this State to annually report to the Department certain information concerning the relinquishment of children to the agency; and (2) the Department to submit an annual report to the Legislature that contains certain information concerning such relinquishment and the effectiveness of the program.

 


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ê2019 Statutes of Nevada, Page 872 (CHAPTER 160, AB 387)ê

 

agency; and (2) the Department to submit an annual report to the Legislature that contains certain information concerning such relinquishment and the effectiveness of the program. Section 7.5 of this bill requires similar reporting on or before July 1, 2020, of information concerning the immediately preceding 3 years. Section 7 of this bill makes a conforming change.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 433B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 3. 1.  The Director of the Department of Health and Human Services shall establish a task force to develop a program to prevent the relinquishment of custody of children who are not abused or neglected to an agency which provides child welfare services or the voluntary placement of such children with a public or private institution or agency pursuant to NRS 432B.360 solely to allow the children to receive services to address a mental illness or emotional disturbance. The Director shall appoint to the task force representatives of:

      (a) The Division of Child and Family Services of the Department;

      (b) The Aging and Disability Services Division of the Department;

      (c) The Division of Public and Behavioral Health of the Department; and

      (d) The Division of Health Care Financing and Policy of the Department.

      2.  In addition to the members appointed pursuant to subsection 1:

      (a) The Superintendent of Public Instruction shall appoint to the task force one representative of the Department of Education; and

      (b) The person in charge of each agency which provides child welfare services in a county whose population is 100,000 or more shall appoint to the task force one representative of the agency.

      3.  Each member of the task force serves without additional compensation and is not entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

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

      Sec. 4. 1.  The task force shall:

      (a) Prescribe procedures for conducting the review by a clinical team appointed pursuant to section 5 of this act and the arrangement of the provision of services pursuant to that section;

 


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      (b) Develop and carry out procedures to increase the availability of the services described in subsection 3 of section 5 of this act throughout this State to allow children to receive those services in or near their homes;

      (c) Provide for outreach to and the education of parents and providers of mental health services concerning the services available through the program developed pursuant to section 3 of this act; and

      (d) Make recommendations to the Department concerning the adoption of any regulations necessary to carry out the provisions of sections 2 to 6, inclusive, of this act.

      2.  The Department of Health and Human Services shall adopt any regulations necessary to carry out the provisions of sections 2 to 6, inclusive, of this act, including, without limitation, regulations that set forth the manner in which the cost of providing services pursuant to section 5 of this act will be paid. Those regulations must require the parent or guardian of a child to whom services are provided to use any insurance and otherwise contribute to the cost of such services to the extent of his or her ability.

      Sec. 5. As part of the program established pursuant to section 3 of this act, the Director of the Department shall appoint one or more clinical teams to:

      1.  Review each case of a child who:

      (a) Has been admitted to a hospital or mental health facility;

      (b) Has not been subject to abuse or neglect; and

      (c) Is at risk of the relinquishment of custody to an agency which provides child welfare services or the voluntary placement with a public or private institution or agency pursuant to NRS 432B.360 solely to allow the child to receive services for a mental illness or emotional disturbance.

      2.  Develop a plan of care for each child described in subsection 1 that outlines the services necessary to treat the mental illness or emotional disturbance of the child and prevent the relinquishment of custody or the voluntary placement of the child.

      3.  Arrange for the provision of:

      (a) Services necessary to stabilize the mental and physical health of the child for not more than 90 days while the plan of care is being developed. Such services may include, without limitation, intensive community-based services or placement in a residential facility.

      (b) The services prescribed in the plan of care developed pursuant to subsection 2.

      Sec. 6. 1.  On or before January 15 of each year, each agency which provides child welfare services in this State shall report to the Department:

      (a) The number of children who were relinquished to the agency or voluntarily placed with the agency pursuant to NRS 432B.360 during the immediately preceding year because the children needed services for a mental illness or emotional disturbance; and

      (b) Information prescribed by regulation of the Department concerning the length of time the services were provided to such children and the status of the children upon the termination of services.

      2.  On or before February 15 of each year, the Department shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report which includes, for the immediately preceding calendar year:

 


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ê2019 Statutes of Nevada, Page 874 (CHAPTER 160, AB 387)ê

 

      (a) A summary of the information reported to the Department pursuant to subsection 1;

      (b) The number of children who received services pursuant to section 5 of this act and the services that were provided;

      (c) The number of children described in paragraph (b) who were relinquished to the agency which provides child welfare services or voluntarily placed with the agency which provides child welfare services pursuant to NRS 432B.360 despite the services provided to those children; and

      (d) Information concerning the length of time that services to stabilize a child were provided pursuant to subsection 3 of section 5 of this act.

      Sec. 7. NRS 432.0125 is hereby amended to read as follows:

      432.0125  1.  The Administrator shall appoint, with the approval of the Director, a chief of each of the bureaus in the Division. The chiefs are designated respectively as:

      (a) The Superintendent of the Nevada Youth Training Center;

      (b) The Superintendent of the Caliente Youth Center; and

      (c) The Chief of the Youth Parole Bureau.

      2.  The Administrator is responsible for the administration, through the Division, of the provisions of chapters 63 and 424 of NRS, NRS 127.220 to 127.310, inclusive, 432.010 to 432.085, inclusive, and 433B.010 to 433B.340, inclusive, and sections 2 to 6, inclusive, of this act and all other provisions of law relating to the functions of the Division, but is not responsible for the professional activities of the components of the Division except as specifically provided by law.

      Sec. 7.5.  1.  On or before July 1, 2020, each agency which provides child welfare services shall submit to the task force established by section 3 of this act and the Department of Health and Human Services a report which includes, without limitation:

      (a) The number of children for whom custody was relinquished to the agency or who were voluntarily placed with the agency pursuant to NRS 432B.360 during the immediately preceding 3 years because the children needed services for a mental illness or emotional disturbance.

      (b) Information concerning the length of time that the agency provided services to the children described in paragraph (a) and the status of the children upon the termination of such services. The information provided pursuant to this paragraph must include, without limitation:

             (1) The information prescribed by regulation of the Department pursuant to paragraph (b) of subsection 1 of section 6 of this act; and

             (2) The length of time that services were provided to stabilize the children.

      (c) The number of children described in paragraph (a) who remain in the custody of or placed with the agency.

      2.  On or before July 31, 2020, the Department of Health and Human Services shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Child Welfare and Juvenile Justice and the next regular session of the Legislature a report that summarizes the information submitted to the Department pursuant to subsection 1.

      3.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

 


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ê2019 Statutes of Nevada, Page 875 (CHAPTER 160, AB 387)ê

 

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

      Sec. 9. (Deleted by amendment.)

      Sec. 10.  1.  This section and sections 6 and 7.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 5, inclusive, 7, 8 and 9 of this act become effective:

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

      (b) On July 1, 2021, for all other purposes.

________

CHAPTER 161, AB 398

Assembly Bill No. 398–Assemblywoman Jauregui

 

CHAPTER 161

 

[Approved: May 25, 2019]

 

AN ACT relating to commercial mortgage lending; exempting wholesale lenders who only fund or purchase commercial mortgage loans from obtaining a license; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires persons and entities engaged in mortgage lending to be licensed by the Commissioner of Mortgage Lending. (Chapter 645B of NRS) Existing law provides exemptions from licensing for certain persons and entities. (645B.015) Section 1 of this bill exempts a person who is a wholesale lender who only purchases or funds commercial mortgage loans from the provisions of chapter 645B of NRS.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 645B of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of this chapter do not apply to a wholesale lender who only funds or purchases commercial mortgage loans.

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

      Sec. 5.  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2020, for all other purposes.

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ê2019 Statutes of Nevada, Page 876ê

 

CHAPTER 162, AB 406

Assembly Bill No. 406–Assemblymen Kramer, Titus; and Ellison

 

CHAPTER 162

 

[Approved: May 25, 2019]

 

AN ACT relating to the Airport Authority of Carson City; revising provisions relating to the appointment of members of the Board of Trustees of the Authority; revising the powers of the Board; revising provisions governing procedures concerning employment; removing an obsolete transitory provision; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Airport Authority of Carson City was created by law in 1989 and has been in operation since January 1, 1990. (Chapter 844, Statutes of Nevada 1989, p. 2025) The Authority is governed by the Board of Trustees of the Authority which is composed of seven members appointed to 4-year terms by the Board of Supervisors of Carson City. Under existing law, each member of the Board of Trustees, except the member who is a city official, is not eligible to serve consecutive terms. (Airport Authority Act for Carson City § 4) Section 1 of this bill authorizes such a member to serve not more than two consecutive terms and allows reappointment after a lapse of 4 years. Section 5 of this bill clarifies the continued staggering of the 4-year terms after the initial appointments.

      Section 2 of this bill adds statutory references to certain specified provisions of the Nevada Revised Statutes with which the Board of Trustees is required to comply. (Airport Authority Act for Carson City § 8)

      Existing law authorizes the Board of Trustees to acquire real and personal property by gift or devise without the approval of the Board of Supervisors, but requires the Board of Trustees to obtain the approval of the Board of Supervisors to acquire real and personal property by purchase or lease and to lease, sell or otherwise dispose of property that it has acquired. (Airport Authority Act for Carson City § 9) Section 3 of this bill removes the requirement that the Board of Trustees obtain the approval of the Board of Supervisors to acquire: (1) real property by lease; or (2) personal property by purchase or lease. Additionally, section 3 eliminates the requirement that the Board of Trustees obtain the approval of the Board of Supervisors for any contract between the Board of Trustees and a fixed base operator at the airport. Section 3 also removes the authority of the Board of Trustees to provide emergency services for the Authority. Finally, section 3 clarifies the types of agreements into which the Board of Trustees and the Board of Supervisors may enter.

      Existing law prescribes specific requirements that any procedures adopted by the Board relating to the hiring, promoting and discharging of employees of the Authority must include. (Airport Authority Act for Carson City § 24) Section 4 of this bill eliminates those specific requirements, thereby giving the Board the authority to determine the contents of those procedures.

      Existing law required the District Attorney of Carson City to defend the Authority if any action contesting any provisions of the Airport Authority Act or the legal status of the Authority was brought before the Authority had sufficient money to hire legal counsel. (Airport Authority Act for Carson City § 28) Section 6 of this bill removes this obsolete transitory provision.

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 877 (CHAPTER 162, AB 406)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 4 of the Airport Authority Act for Carson City, being chapter 844, Statutes of Nevada 1989, as last amended by chapter 16, Statutes of Nevada 2011, at page 30, is hereby amended to read as follows:

       Sec. 4.  1.  The Authority is governed by the Board, which is composed of seven members appointed by the Board of Supervisors.

       2.  The Board of Supervisors shall appoint:

       (a) Three members who represent the general public, but, except as otherwise provided in paragraph (b), not including any person described in paragraph (b) or (c). At least one of these members must be a city official selected by the Board of Supervisors and one must be a pilot who, at the time of appointment, owns and operates an aircraft based at the airport.

       (b) Two members who are manufacturers and are within a 3-mile radius of the Carson City airport, but not including any person described in paragraph (c). If, after providing notice of a vacancy for the position of a member of the Board described in this paragraph, the Board of Supervisors is unable to find a qualified manufacturer to fill a position, the Board of Supervisors may appoint a member pursuant to this paragraph who represents the general public.

       (c) Two members who are fixed base operators at the airport.

       3.  After the initial terms, the term of office of each member of the Board is 4 years. The city official who is appointed as a member of the Board is eligible for reappointment to the Board upon the expiration of his or her term. Each other member of the Board [is eligible for reappointment to the Board 4 years after the expiration of his or her prior term.] may not serve more than two consecutive terms, but may be reappointed after the lapse of 4 years.

      Sec. 2. Section 8 of the Airport Authority Act for Carson City, being chapter 844, Statutes of Nevada 1989, as amended by chapter 374, Statutes of Nevada 2001, at page 1829, is hereby amended to read as follows:

       Sec. 8.  The Board shall comply , without limitation, with the provisions of [the] :

       1.  Chapter 241 of NRS, concerning public meetings;

       2.  Chapter 281A of NRS, the Nevada Ethics in Government Law [, NRS 241.020, the] ;

       3.  Chapter 332 of NRS, the Local Government Purchasing Act ; and

       4.  NRS 354.470 to 354.626, inclusive, the Local Government Budget and Finance Act.

 


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ê2019 Statutes of Nevada, Page 878 (CHAPTER 162, AB 406)ê

 

      Sec. 3. Section 9 of the Airport Authority Act for Carson City, being chapter 844, Statutes of Nevada 1989, as amended by chapter 381, Statutes of Nevada 2005, at page 1471, is hereby amended to read as follows:

       Sec. 9.  The Board may:

       1.  Acquire [real] :

       (a) Real and personal property by lease, gift or devise for the purposes provided in this act.

       (b) Personal property by purchase for the purposes provided in this act.

       2.  With the approval of the Board of Supervisors:

       (a) Acquire real [and personal] property by purchase [or lease] for the purposes provided in this act.

       (b) Except as otherwise provided in this paragraph, lease, sell or otherwise dispose of any property. If the Board sells or otherwise disposes of real property, the sale or other disposal must be made by public auction.

      3.  Recommend to the Board of Supervisors any specific changes in the laws governing zoning necessary to comply with the regulations of the Federal Aviation Administration or to limit the uses of the area near the airport to those least affected by noise.

      4.  [Use, in the performance of its functions,] Enter into an agreement regarding the sharing of resources, including, without limitation, the officers, employees, real property, facilities and equipment of Carson City, [with the consent of Carson City and] obligations and other matters regarding the Airport, subject to such terms and conditions as may be agreed upon by the Board and the Board of Supervisors.

       5.  [Provide emergency services for the Authority.

      6.]  Contract with any person [, including any person who transports passengers or cargo by air,] to provide goods and services as necessary or desirable to the operation of the airport. [Any contract between the Board and a fixed base operator must be submitted for approval by the Board of Supervisors.

      7.] 6.  Employ a manager of the airport, fiscal advisers, engineers, attorneys and other personnel necessary to the discharge of its duties.

      [8.] 7.  Apply to any public or private source for loans, grants, guarantees or other financial assistance.

      [9.] 8.  Establish fees, rates and other charges for the use of the airport.

      [10.] 9.  Regulate vehicular traffic at the airport.

      [11.] 10.  Adopt, enforce, amend and repeal any rules and regulations necessary for the administration and use of the airport.

      [12.] 11.  Take such other action as is necessary to comply with any statute or regulation of this State or of the Federal Government.

      Sec. 4. Section 24 of the Airport Authority Act for Carson City, being chapter 844, Statutes of Nevada 1989, at page 2030, is hereby amended to read as follows:

       Sec. 24.  1.  The Board may adopt procedures, to be administered by the Board, for hiring, promoting and discharging its employees [, which must include but are not limited to the following:

 


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       1.  Employment on the basis of open, publicly announced, competition.

       2.  Promotions and remuneration on the basis of merit, efficiency, competitive examinations and seniority.

       3.  Classifications of the positions.

       4.  The maintenance of lists of eligible candidates for a position.

       5.  Employment of candidates from the lists in the highest qualified rating.

       6.  Probationary periods not to exceed 6 months.

       7.  Disciplinary action, suspension or discharge of employees for cause only with the right of notice and review.

       8.  Schedules of compensation and increases in pay prepared by the Board.

       9.  Maintenance of personnel records on all employees.

       10.  Regulations for hours of work, attendance, holidays, leaves of absence and transfers.

       11.  Procedures for layoffs, discharge, suspension, discipline and reinstatement.

       12.  The exemption from the procedures of persons employed for scientific, technical or expert service of a temporary or exceptional character, persons employed on projects paid from the proceeds of bonds issued by the Authority and persons employed for a period of less than 3 months in any 12-month period.

       13.  Review by] and taking any other actions relating to employment.

       2.  An employee may request the Board [, at the request of the employee in question and after notice and public hearing, of] to review any disciplinary action, suspension or discharge of [any] the employee . [, which] After notice and hearing, such disciplinary action, suspension or discharge may be affirmed, modified or reversed by the Board. Findings of fact by the Board are not subject to review by any court except for illegality or want of jurisdiction.

      Sec. 5. Section 29 of chapter 844, Statutes of Nevada 1989, at page 2031, is hereby amended to read as follows:

       Sec. 29.  As soon as practicable after October 1, 1989, the Board of Supervisors shall appoint to the Board:

       1.  Two persons to terms that expire on October 1, 1991 [.] , and on October 1 every 4 years thereafter.

       2.  Two persons to terms that expire on October 1, 1992 [.] , and on October 1 every 4 years thereafter.

       3.  Three persons to terms that expire on October 1, 1993 [.] , and on October 1 every 4 years thereafter.

      Sec. 6. Section 28 of chapter 844, Statutes of Nevada 1989, at page 2031, is hereby repealed.

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ê2019 Statutes of Nevada, Page 880ê

 

CHAPTER 163, AB 430

Assembly Bill No. 430–Assemblymen Frierson and Backus

 

CHAPTER 163

 

[Approved: May 25, 2019]

 

AN ACT relating to children; requiring the Legislative Committee on Child Welfare and Juvenile Justice to conduct a study concerning maternal, infant and early childhood home visitation services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes certain requirements to ensure maternal and child health. (Chapter 442 of NRS) This bill requires the Legislative Committee on Child Welfare and Juvenile Justice to conduct a study during the 2019-2020 interim concerning maternal, infant and early childhood home visitation services.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5.  1.  The Legislative Committee on Child Welfare and Juvenile Justice shall:

      (a) Conduct a study during the 2019-2020 interim concerning maternal, infant and early childhood home visitation services. The study must, without limitation:

             (1) Identify communities that demonstrate a high level of risk factors known to impair childhood development;

             (2) Identify pregnant women who may benefit from receiving home visitation services after the birth of the child;

             (3) Identify existing programs in this State that provide maternal, infant and early childhood home visitation services;

             (4) Analyze past efforts in this State to use identified risk factors to address needs and target resources; and

             (5) Evaluate the collection of data concerning families who receive home visitation services in this State.

      (b) Include its findings and any recommendations for legislation relating to the study in its report submitted to the Director of the Legislative Counsel Bureau pursuant to subsection 2 of NRS 218E.720.

      2.  The Legislative Committee on Child Welfare and Juvenile Justice shall not issue a subpoena for any information relating to the study or compel any person to provide such information or otherwise participate in the study.

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

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ê2019 Statutes of Nevada, Page 881ê

 

CHAPTER 164, AB 448

Assembly Bill No. 448–Committee on Legislative Operations and Elections

 

CHAPTER 164

 

[Approved: May 25, 2019]

 

AN ACT relating to the Legislature; revising provisions governing the procedure to fill a vacancy in the office of a Legislator; setting forth certain residency requirements for a person appointed to fill a vacancy in the office of a Legislator; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a candidate seeking election to the office of a Legislator must actually, as opposed to constructively, reside in the legislative district for at least 30 days immediately preceding the deadline for the close of the filing period to become a candidate. (NRS 293.1755) Additionally, existing law requires the legislative candidate to be an actual, as opposed to constructive, citizen resident of this State for 1 year immediately preceding his or her election. (NRS 218A.200)

      Existing law also requires the legislative candidate to file a declaration or acceptance of candidacy and a declaration of residency in which the legislative candidate swears or affirms under penalty of perjury that he or she meets the residency requirements and other qualifications for the legislative office. Finally, existing law provides that a legislative candidate who knowingly and willfully files a declaration or acceptance of candidacy or declaration of residency that contains a false statement is guilty of a gross misdemeanor. (NRS 293.177, 293.181)

      This bill enacts similar provisions with regard to persons who file applications to fill a vacancy in a legislative office. Under the Nevada Constitution and existing statutes, if a vacancy occurs in the office of a Legislator during a regular or special session or when no election at which officers are to be elected will take place before the next regular or special session, the appropriate board or boards of county commissioners are required to fill the vacancy by appointment. (Nev. Const. Art. 4, § 12; NRS 218A.260) Section 2 of this bill requires the appropriate board or boards of county commissioners charged with filling the vacancy to establish: (1) a process by which persons may file applications to fill the vacancy; and (2) a deadline for the close of filing of applications to fill the vacancy. Section 3 of this bill requires persons filing such applications to also file declarations of eligibility in which they swear or affirm under penalty of perjury that they meet the residency requirements and other qualifications to fill the vacancy. Section 3 further provides that any person who knowingly and willfully files a declaration of eligibility that contains a false statement is guilty of a gross misdemeanor.

      Finally, the Nevada Constitution and existing statutes provide that when filling a vacancy in a legislative office, the appropriate board or boards of county commissioners must appoint a person who: (1) is a duly qualified elector in the legislative district; (2) has been an actual, as opposed to constructive, citizen resident of this State for 1 year next preceding the person’s appointment; (3) has attained the age of 21 years at the time of the person’s appointment; (4) is a member of the same political party as the former Legislator; and (5) actually, as opposed to constructively, resides in the legislative district. (Nev. Const. Art. 4, §§ 5, 12; NRS 218A.200, 218A.260) Sections 4 and 5 of this bill clarify that the person appointed to fill the vacancy must meet all these qualifications for the legislative office and must also: (1) have timely filed an application and declaration of eligibility under sections 2 and 3; and (2) have actually, as opposed to constructively, resided in the legislative district for at least 30 days immediately preceding the deadline established under section 2 for the close of filing of applications to fill the vacancy.

 


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ê2019 Statutes of Nevada, Page 882 (CHAPTER 164, AB 448)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 218A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county in which the district is located shall establish:

      (a) A process by which persons may file applications with the board to fill the vacancy; and

      (b) A specific date for the close of filing of applications to fill the vacancy.

      2.  If a vacancy in the office of a Legislator must be filled pursuant to NRS 218A.260 and the former Legislator was elected or appointed from a district comprising more than one county:

      (a) The board of county commissioners of each county within or partly within the district shall establish a process by which persons may file applications with that board to fill the vacancy.

      (b) The board of county commissioners of the county with the largest population in the district shall, after considering any recommendations made by the other boards within a reasonable time after the vacancy, establish a specific date that is the same for all of the boards for the close of filing of applications to fill the vacancy.

      Sec. 3. 1.  If a person files an application with any board of county commissioners to fill a vacancy in the office of a Legislator pursuant to section 2 of this act, the person must execute and file with his or her application a declaration of eligibility that must be in substantially the following form:

 

For the purpose of applying to fill the vacancy in the office of a Legislator in the following legislative district, ................ (name of assembly or senatorial district), I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ................, in the City or Town of ................, County of ................, State of Nevada; that, as required by NRS 218A.260, my actual, as opposed to constructive, residence in that legislative district began on a date at least 30 days immediately preceding the date established pursuant to section 2 of this act for the close of filing of applications to fill the vacancy; that my telephone number is ................, and the address at which I receive mail, if different than my residence, is ................; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I will otherwise qualify for the office if appointed thereto, including, but not limited to, complying with any limitation prescribed by the Constitution of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of eligibility which contains a false statement is a crime punishable as a gross misdemeanor; and that, as required by NRS 218A.200, I will have been an actual, as opposed to constructive, citizen resident of this State for 1 year immediately preceding the date of my appointment and that, during such period, I will have resided at the following residence or residences:

 


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ê2019 Statutes of Nevada, Page 883 (CHAPTER 164, AB 448)ê

 

understand that knowingly and willfully filing a declaration of eligibility which contains a false statement is a crime punishable as a gross misdemeanor; and that, as required by NRS 218A.200, I will have been an actual, as opposed to constructive, citizen resident of this State for 1 year immediately preceding the date of my appointment and that, during such period, I will have resided at the following residence or residences:

 

                                                       .........                                                            

Street Address                                       Street Address

                                                       .........                                                            

City or Town                                         City or Town

                                                       .........                                                            

State                                                        State

 

From................       To.......................... From...............       To......................

Dates of Residency                               Dates of Residency

 

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

Street Address                                       Street Address

                                                       .........                                                            

City or Town                                         City or Town

                                                       .........                                                            

State                                                        State

 

From................       To.......................... From...............       To......................

Dates of Residency                               Dates of Residency

(Attach additional sheet or sheets of residences as necessary)

 

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

                                                                       (Name of applicant)

 

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

                                                                   (Signature of applicant)

 

Subscribed and sworn to before me

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

 

                                                                  

      Notary Public or other person

   authorized to administer an oath

 

      2.  Each address of the applicant that must be included in the declaration of eligibility pursuant to subsection 1 must be the street address of the residence where the applicant actually, as opposed to constructively, resided or resides in accordance with NRS 281.050, if one has been assigned. The declaration of eligibility must not be accepted for filing if any of the applicant’s addresses are listed as a post office box unless a street address has not been assigned to the residence.

      3.  Any person who knowingly and willfully files a declaration of eligibility that contains a false statement in violation of this section is guilty of a gross misdemeanor.

 


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ê2019 Statutes of Nevada, Page 884 (CHAPTER 164, AB 448)ê

 

      Sec. 4. NRS 218A.200 is hereby amended to read as follows:

      218A.200  A person is not eligible to be elected or appointed to office as a Legislator unless the person:

      1.  Is a qualified elector;

      2.  Has been an actual, as opposed to constructive, citizen resident of this State for 1 year next preceding the person’s election or appointment; [and]

      3.  At the time of election or appointment, has attained the age of 21 years [.] ; and

      4.  Meets all other qualifications for the office as required by the Constitution and laws of this State.

      Sec. 5. NRS 218A.260 is hereby amended to read as follows:

      218A.260  1.  If , for any reason set forth in Section 12 of Article 4 of the Nevada Constitution or for any other reason, a vacancy occurs in the office of a Legislator during a regular or special session or at a time when no biennial election or regular election at which county officers are to be elected will take place between the occurrence of the vacancy and the next regular or special session, the vacancy must be filled in the manner provided in this section.

      2.  If the former Legislator was elected or appointed from a district wholly within one county, the board of county commissioners of the county in which the district is located shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who timely files an application to fill the vacancy pursuant to section 2 of this act and a declaration of eligibility pursuant to section 3 of this act, who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, [resides] resided in the district [.] for at least 30 days immediately preceding the date established pursuant to subsection 1 of section 2 of this act for the close of filing of applications to fill the vacancy.

      3.  If the former Legislator was elected or appointed from a district comprising more than one county, the boards of county commissioners of each county within or partly within the district shall fill the vacancy by appointing a person who meets the qualifications for the office as required by NRS 218A.200, who timely files an application to fill the vacancy pursuant to section 2 of this act and a declaration of eligibility pursuant to section 3 of this act, who is a member of the same political party as the former Legislator and who has, in accordance with NRS 281.050, actually, as opposed to constructively, [resides] resided in the district [.] for at least 30 days immediately preceding the date established pursuant to subsection 2 of section 2 of this act for the close of filing of applications to fill the vacancy. To fill the vacancy:

      (a) Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy.

      (b) The boards shall then meet jointly. The joint meeting must be chaired by the person who is the chair of the board of county commissioners of the county with the largest population in the district. At the joint meeting:

             (1) The chair of each board, on behalf of that board, shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of that board’s county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce.

 


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ê2019 Statutes of Nevada, Page 885 (CHAPTER 164, AB 448)ê

 

decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce.

             (2) The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each select a candidate, and the appointee must be chosen by drawing lots among the candidates so selected.

      4.  The board of county commissioners or the board of the county with the largest population in the district shall issue a certificate of appointment naming the appointee. The county clerk or the clerk of the county with the largest population in the district shall give the certificate to the appointee and send a copy of the certificate to the Secretary of State.

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

________

CHAPTER 165, AB 413

Assembly Bill No. 413–Committee on Government Affairs

 

CHAPTER 165

 

[Approved: May 27, 2019]

 

AN ACT relating to local governments; providing that certain actions taken by a governing body of a local government are void if the actions are taken before the governing body considers the impact on business; revising the definition of “local government”; revising the meeting at which a governing body is required to consider a business impact statement; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a governing body of a local government to determine whether a proposed rule is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business. If so, the governing body or its designee must prepare a business impact statement which must be considered by the governing body at the meeting immediately preceding the meeting held to adopt the proposed rule. A business that is aggrieved by a rule may object to all or a part of the rule if: (1) the governing body or its designee failed to prepare a business impact statement; or (2) the business impact statement is inaccurate or incomplete. (NRS 237.080, 237.090, 237.100)

      Section 1 of this bill provides that if a governing body fails to comply with such requirements to consider the potential impact on business before taking action to adopt a proposed rule, the action taken by the governing body is void. Sections 1.3 and 1.7 of this bill make conforming changes.

      Section 1.5 of this bill revises the definition of “local government” to include a health district. Section 1.9 of this bill requires a local government to consider the business impact statement at a public meeting held at least 10 calendar days before a meeting to adopt a proposed rule.

      Section 2 of this bill authorizes a business to file a petition objecting to a rule on the grounds that the governing body of a local government failed to comply with the requirements to consider the impact on business before adopting the rule. Section 2 also requires the governing body to take action to readopt the rule after the governing body considers the business impact statement.

 


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ê2019 Statutes of Nevada, Page 886 (CHAPTER 165, AB 413)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 237 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any action of the governing body of a local government to adopt a proposed rule in violation of the provisions of this section and NRS 237.030 to 237.150, inclusive, is void.

      Sec. 1.3. NRS 237.030 is hereby amended to read as follows:

      237.030  As used in NRS 237.030 to 237.150, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 237.040, 237.050 and 237.060 have the meanings ascribed to them in those sections.

      Sec. 1.5. NRS 237.050 is hereby amended to read as follows:

      237.050  “Local government” means a political subdivision of this State, including, without limitation, a city, county, health district, irrigation district, water district or water conservancy district.

      Sec. 1.7. NRS 237.070 is hereby amended to read as follows:

      237.070  The provisions of NRS 237.030 to 237.150, inclusive, and section 1 of this act do not apply with respect to a rule for which a local government does not have the authority to consider less stringent alternatives, including, without limitation, a rule that the local government is required to adopt pursuant to a federal or state statute or regulation or pursuant to a contract or agreement into which the local government has entered.

      Sec. 1.9. NRS 237.090 is hereby amended to read as follows:

      237.090  1.  A business impact statement prepared pursuant to NRS 237.080 must be considered by the governing body at [its regular] a public meeting [next preceding any regular meeting] held at least 10 calendar days before the public meeting of the governing body held to adopt the proposed rule. The business impact statement must set forth the following information:

      (a) A description of the manner in which comment was solicited from affected businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

      (b) The estimated economic effect of the proposed rule on the businesses which it is to regulate, including, without limitation:

             (1) Both adverse and beneficial effects; and

             (2) Both direct and indirect effects.

      (c) A description of the methods that the governing body of the local government or its designee considered to reduce the impact of the proposed rule on businesses and a statement regarding whether the governing body or its designee actually used any of those methods.

      (d) The estimated cost to the local government for enforcement of the proposed rule.

      (e) If the proposed rule provides a new fee or increases an existing fee, the total annual amount the local government expects to collect and the manner in which the money will be used.

 


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ê2019 Statutes of Nevada, Page 887 (CHAPTER 165, AB 413)ê

 

      (f) If the proposed rule includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.

      (g) The reasons for the conclusions regarding the impact of the proposed rule on businesses.

      2.  The county manager, city manager or other chief executive officer for the governing body of a local government shall sign the business impact statement certifying that, to the best of his or her knowledge or belief, the information contained in the statement was prepared properly and is accurate.

      3.  The governing body of a local government shall not include the consideration of a business impact statement on the agenda for a public meeting unless the statement has been prepared and is available for public inspection at the time the agenda is first posted.

      Sec. 2. NRS 237.100 is hereby amended to read as follows:

      237.100  1.  A business that is aggrieved by a rule adopted by the governing body of a local government on or after January 1, 2000, may object to all or a part of the rule by filing a petition with the governing body that adopted the rule within 30 days after the date on which the rule was adopted.

      2.  A petition filed pursuant to subsection 1 may be based on the following grounds:

      (a) The governing body of the local government or its designee failed to prepare a business impact statement as required pursuant to NRS 237.080 and 237.090; [or]

      (b) The business impact statement prepared by the governing body or its designee pursuant to NRS 237.080 and 237.090 is inaccurate, incomplete or did not adequately consider or significantly underestimated the economic effect of the rule on businesses [.] ; or

      (c) The governing body of the local government failed to comply with any of the requirements of NRS 237.030 to 237.150, inclusive, and section 1 of this act before adopting the proposed rule.

      3.  After receiving a petition pursuant to subsection 1, the governing body of a local government shall determine whether the petition has merit. If the governing body determines that the petition has merit, the governing body [may] must take action to readopt or amend the rule to which the business objected [.] after considering the business impact statement.

      4.  Each governing body of a local government shall provide a procedure for an aggrieved business to object to a rule adopted by the governing body. The procedure must be filed with the clerk of the local government and available upon request at no charge.

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ê2019 Statutes of Nevada, Page 888ê

 

CHAPTER 166, SB 100

Senate Bill No. 100–Committee on Education

 

CHAPTER 166

 

[Approved: May 27, 2019]

 

AN ACT relating to education; requiring an expedited processing of applications for a license to teach for spouses of certain members of the Armed Forces of the United States; requiring school districts to consider the Joint Services Transcript or a similar document of a veteran to satisfy the qualifications for certain positions of employment; permitting members and veterans of the Armed Forces of the United States and their spouses to obtain a license to teach through the alternative route to licensure program under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person to apply for and receive a license from the Superintendent of Public Instruction before teaching in a public school. (NRS 391.033) Existing law further requires the Commission on Professional Standards in Education to adopt regulations regarding the qualifications and process for licensing teachers and educational personnel. (NRS 391.019) Section 3 of this bill requires the Commission to adopt regulations to expedite an application for a license to teach in this State by the spouse of a member of the Armed Forces of the United States who is on active duty. Section 4 of this bill requires school districts to consider the Joint Services Transcript or a similar document of a veteran as credit towards training and experience for certain skilled positions of employment in that school district.

      Existing law also provides for the issuance of provisional and reciprocal licenses, as well as licenses obtained through an alternative route to licensure program. (NRS 391.032) Section 6 of this bill allows a member or veteran of the Armed Forces of the United States, or a spouse of such member or veteran, who obtained a license through an equivalent alternative route to licensure program in another state to obtain a license in this State as if they had completed the alternative route to licensure program 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. Chapter 391 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. “Veteran” has the meaning ascribed to it in NRS 417.005.

      Sec. 3. The Commission shall adopt regulations which provide for the expedited processing of applications for a license to teach in this State and for employment in a school district for a spouse of a member of the Armed Forces of the United States who is on active duty.

      Sec. 4. If a veteran of the Armed Forces of the United States submits an application for employment in a school district for a position that requires certain training, experience or licensure in a skilled trade, the school district must consider any military education, training or occupational experience listed on a Joint Services Transcript or a similar document as credit towards any such required training, experience or licensure.

 


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ê2019 Statutes of Nevada, Page 889 (CHAPTER 166, SB 100)ê

 

      Sec. 5. NRS 391.002 is hereby amended to read as follows:

      391.002  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 391.005, 391.008 and 391.0085 and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 391.032 is hereby amended to read as follows:

      391.032  1.  Except as otherwise provided in NRS 391.027, the Commission shall:

      (a) Adopt regulations which provide for the issuance of provisional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State.

      (b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states including, without limitation, for the reciprocal licensure of persons who hold a license to teach special education. Such regulations must include, without limitation, provisions for the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure which the Department determines is as rigorous or more rigorous than the alternative route to licensure prescribed pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.

      2.  A person who is a member of the Armed Forces of the United States, a veteran of the Armed Forces of the United States or the spouse of such a member or veteran of the Armed Forces of the United States and who has completed the equivalent of an alternative route to licensure program in another state may obtain a license as if such person has completed the alternative route to licensure program of this State.

      3.  A person who is issued a provisional license must complete all courses of study and other requirements for a license in this State which is not provisional within 3 years after the date on which a provisional license is issued.

      Sec. 7.  This act becomes effective upon passage and approval for purposes of adopting regulations and performing any preliminary administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2019, for all other purposes.

________

CHAPTER 167, AB 220

Assembly Bill No. 220–Committee on Ways and Means

 

CHAPTER 167

 

[Approved: May 27, 2019]

 

AN ACT relating to the Lake Tahoe Basin; requiring the issuance of general obligation bonds to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program for the Lake Tahoe Basin; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Environmental Improvement Program was implemented in 1997 to carry out projects to improve the environment in the Lake Tahoe Basin. The costs of the Program are apportioned among the Federal Government, the States of Nevada and California and local governments and owners of private property in both states. In 1999, the Nevada Legislature authorized the issuance of not more than $53.2 million in general obligation bonds to pay for a significant portion of Nevada’s share of the costs of the first phase of the Program.

 


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ê2019 Statutes of Nevada, Page 890 (CHAPTER 167, AB 220)ê

 

1999, the Nevada Legislature authorized the issuance of not more than $53.2 million in general obligation bonds to pay for a significant portion of Nevada’s share of the costs of the first phase of the Program. (Chapter 514, Statutes of Nevada 1999, p. 2626) In 2009, the Nevada Legislature authorized the issuance of not more than $100 million in general obligation bonds to pay for Nevada’s share of the costs of the second phase of the Program. Issuance of those bonds requires the approval of the Legislature or the Interim Finance Committee. (Chapter 431, Statutes of Nevada 2009, p. 2417) The Nevada Legislature in 2009 also required the issuance of not more than $4,420,000 of such bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Program. (Chapter 431, Statutes of Nevada 2009, p. 2416) In 2011, the Nevada Legislature required the issuance of not more than $12 million of the $100 million in general obligation bonds authorized in 2009 to provide additional money to carry out environmental improvement projects included in the second phase of the Program. (Chapter 437, Statutes of Nevada 2011, p. 2638)

      This bill requires the issuance of not more than $8 million of the $100 million in general obligation bonds authorized in 2009 to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program.

 

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

 

      Whereas, The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable; and

      Whereas,This State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin; and

      Whereas, The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin is a matter of such significance that it must be carried out on a continual basis; and

      Whereas,In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe of Nevada and California, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing financial support for, the Environmental Improvement Program; and

      Whereas,The costs of carrying out the Environmental Improvement Program have been apportioned among the Federal Government, the States of Nevada and California and the local governments and private property owners within both states; and

      Whereas,The cost of carrying out the second phase of the Environmental Improvement Program for the State of Nevada and its political subdivisions is $100,000,000; and

      Whereas, Section 3 of chapter 431, Statutes of Nevada 2009, at page 2417, authorized the State Board of Finance to issue general obligation bonds of the State of Nevada in a total face amount of not more than $100,000,000 to provide money to carry out the second phase of the Environmental Improvement Program; and

      Whereas, Section 1 of chapter 431, Statutes of Nevada 2009, at page 2416, granted approval to the State Board of Finance to issue $4,420,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and

 


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ê2019 Statutes of Nevada, Page 891 (CHAPTER 167, AB 220)ê

 

those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and

      Whereas, Section 1 of chapter 437, Statutes of Nevada 2011, at page 2638, granted approval to the State Board of Finance to issue an additional $12,000,000 of those general obligation bonds to provide money to carry out certain environmental improvement projects included in the second phase of the Environmental Improvement Program; and

      Whereas, The general obligation bonds authorized by chapter 431, Statutes of Nevada 2009, may only be issued with the prior approval of the Legislature or the Interim Finance Committee and pursuant to a schedule established by the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Money to carry out the Environmental Improvement Program for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $8,000,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in section 2 of this act, must be used for the following activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:

      1.  Continued implementation of forest health, restoration and fuels management projects;

      2.  Control and prevention of invasive terrestrial and aquatic species;

      3.  Enhancement of recreational opportunities;

      4.  Protection of sensitive species and improvement of wildlife habitat; and

      5.  Water quality, erosion control and stream restoration and enhancement projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements.

      Sec. 2.  The Division of State Lands may use money authorized pursuant to section 1 of this act for a project other than a project listed in section 1 of this act if the Interim Finance Committee approves such a use in writing before the Division of State Lands engages in the project.

      Sec. 3.  The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:

      1.  Are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof; and

      2.  Constitute an exercise of the authority conferred by the second paragraph of Section 3 of Article 9 of the Constitution of the State of Nevada.

      Sec. 4.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 892ê

 

CHAPTER 168, AB 93

Assembly Bill No. 93–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 168

 

[Approved: May 27, 2019]

 

AN ACT relating to license plates; authorizing the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources to provide grants to nonprofit organizations from the Account for License Plates for the Support of the Preservation and Restoration of the Natural Environment of the Lake Tahoe Basin; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles to deposit certain fees collected in connection with the issuance and renewal of special license plates for the support of the preservation and restoration of the natural environment of the Lake Tahoe Basin with the State Treasurer for credit to the Account for License Plates for the Support of the Preservation and Restoration of the Natural Environment of the Lake Tahoe Basin. (NRS 482.37933) Existing law also authorizes the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources to provide grants from the Account to other public agencies to use for the support of programs for the preservation and restoration of the natural environment of the Lake Tahoe Basin. (NRS 321.5951)

      This bill authorizes the Administrator to provide grants from the Account to nonprofit organizations to use for the support of programs for the preservation and restoration of the natural environment of the Lake Tahoe Basin.

 

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 321.5951 is hereby amended to read as follows:

      321.5951  1.  The Account for License Plates for the Support of the Preservation and Restoration of the Natural Environment of the Lake Tahoe Basin is hereby created in the State General Fund. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources shall administer the Account.

      2.  The money in the Account does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      3.  The money in the Account must be used only for the support of programs for the preservation and restoration of the natural environment of the Lake Tahoe Basin and must not be used to replace or supplant funding available from other sources. The Administrator may provide grants from the Account to other public agencies and nonprofit organizations to carry out the provisions of this section.

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

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ê2019 Statutes of Nevada, Page 893ê

 

CHAPTER 169, AB 499

Assembly Bill No. 499–Assemblywomen Carlton, Benitez-Thompson, Monroe-Moreno, Bilbray-Axelrod, Titus; Backus, Cohen, Duran, Gorelow, Hansen, Hardy, Jauregui, Krasner, Martinez, Miller, Munk, Neal, Nguyen, Peters, Spiegel, Swank, Tolles and Torres

 

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

 

CHAPTER 169

 

[Approved: May 27, 2019]

 

AN ACT relating to special license plates; providing for the limited issuance of special license plates that commemorate the 100th anniversary of women’s suffrage in the United States; exempting the special license plates from certain provisions otherwise applicable to special license plates; imposing a fee for the issuance and renewal of such license plates; imposing a deadline on the issuance of such license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Department of Motor Vehicles to design, prepare and issue special license plates commemorating the 100th anniversary of women’s suffrage in the United States. In addition to all other applicable registration and license fees and governmental services taxes, the fees generated by the special license plates are required to be deposited with the Nevada Commission for Women, to be used in carrying out their duties. (NRS 233I.060) Section 1 also requires the Director of the Department to: (1) accept advance applications for the special license plates; and (2) announce a date on which the special license plates commemorating the 100th anniversary of women’s suffrage in the United States will no longer be available for initial issuance.

      Under existing law, certain special license plates: (1) must be approved by the Department, based on a recommendation from the Commission on Special License Plates; (2) are subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain number of applications for the plates are received. (NRS 482.367004, 482.367008, 482.36705) Sections 6-8 of this bill exempt the special license plates commemorating the 100th anniversary of women’s suffrage in the United States from each of the preceding requirements. Sections 2-5 and 9-11 of this bill make conforming changes.

 


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ê2019 Statutes of Nevada, Page 894 (CHAPTER 169, AB 499)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 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in paragraph (b) of subsection 8, the Department, in cooperation with the Nevada Commission for Women created by NRS 233I.020, shall design, prepare and issue license plates which commemorate the 100th anniversary of women’s suffrage in the United States, using any colors that the Department deems appropriate.

      2.  Except as otherwise provided in paragraph (a) of subsection 8, the Department shall issue license plates that commemorate the 100th anniversary of women’s suffrage in the United States for a passenger car or light commercial vehicle upon application by a person who is otherwise entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that commemorate the 100th anniversary of women’s suffrage in the United States if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that commemorate the 100th anniversary of women’s suffrage in the United States pursuant to subsection 3.

      3.  The fee for license plates that commemorate the 100th anniversary of women’s suffrage in the United States is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10.

 


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ê2019 Statutes of Nevada, Page 895 (CHAPTER 169, AB 499)ê

 

      4.  In addition to all other applicable registration and license fees and governmental services taxes prescribed pursuant to subsection 3, a person who requests a set of license plates that commemorate the 100th anniversary of women’s suffrage in the United States must pay for the issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be deposited in accordance with subsection 5.

      5.  Except as otherwise provided in NRS 482.38279, the Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Nevada Commission for Women for their use in carrying out their duties pursuant to NRS 233I.060, including, without limitation:

      (a) Collecting and disseminating information on activities, programs and essential services available to women in Nevada;

      (b) Promoting and facilitating collaboration among commissions and organizations for women at the local, state and national levels; and

      (c) Recognizing and promoting the contributions that women in this State make at the local, state and national levels.

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

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

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

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

      8.  The Director shall:

      (a) Accept, through the Internet website of the Department, applications for the issuance of the license plates issued pursuant to this section beginning on July 1, 2019. A person who applies for the license plates pursuant to this paragraph must not be charged for any fees imposed by this section or any other registration and license fees and governmental services taxes due for the license plates until the license plates are available for issuance by the Department.

      (b) Determine, and by public proclamation, announce the last date on which the Department will issue the license plates that commemorate the 100th anniversary of women’s suffrage in the United States. The Department shall publish the announcement on its Internet website. In no case may the date that is determined and announced to be the last day on which the Department will issue the license plates be more than 1 year after the date the license plates are available for issuance by the Department. The Department shall not issue:

             (1) The license plates that commemorate the 100th anniversary of women’s suffrage in the United States after the date announced by the Department pursuant to this paragraph.

             (2) A duplicate number plate or a replacement number plate for those license plates more than 5 years after the date announced by the Department pursuant to this paragraph.

 


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

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

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

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

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

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

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

      (e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê2019 Statutes of Nevada, Page 897 (CHAPTER 169, AB 499)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê2019 Statutes of Nevada, Page 898 (CHAPTER 169, AB 499)ê

 

NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

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

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

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

      5.  Any license plates issued for a trailer before January 1, 1982, are not subject to reissue pursuant to subsection 2 of NRS 482.265.

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

      Sec. 6. NRS 482.367004 is hereby amended to read as follows:

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

      (a) Five Legislators appointed by the Legislative Commission:

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

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

      (b) Three nonvoting members consisting of:

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

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

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

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

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

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

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

 


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

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

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

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

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

      7.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.

      8.  The Commission shall:

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

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

      Sec. 7. NRS 482.367008 is hereby amended to read as follows:

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

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

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

 


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      (c) Except for a license plate that is issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [,] or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

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

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

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

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

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

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

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

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

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

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

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

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

 


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

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

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

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

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

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

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

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

      Sec. 8. NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  Except as otherwise provided in subsection 2:

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

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

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

      2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.

      Sec. 9. NRS 482.38276 is hereby amended to read as follows:

      482.38276  “Special license plate” means:

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

 


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ê2019 Statutes of Nevada, Page 902 (CHAPTER 169, AB 499)ê

 

      2.  A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37904, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

      3.  Except for a license plate that is issued pursuant to NRS 482.3746, 482.3757, 482.3785, 482.3787 or 482.37901 [,] or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

      Sec. 10. NRS 482.399 is hereby amended to read as follows:

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

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

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

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

 


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ê2019 Statutes of Nevada, Page 903 (CHAPTER 169, AB 499)ê

 

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

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

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

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

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

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

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

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

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

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

 


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

      Sec. 11. NRS 482.500 is hereby amended to read as follows:

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

 

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

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

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

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

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

 

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

      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.3675, 482.370 to 482.3755, inclusive, 482.376 or 482.379 to 482.3818, inclusive, and section 1 of this act, a fee of $10.

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

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

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

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

      Sec. 12.  This act becomes effective on July 1, 2019.

________

 


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ê2019 Statutes of Nevada, Page 905ê

 

CHAPTER 170, AB 54

Assembly Bill No. 54–Committee on Growth and Infrastructure

 

CHAPTER 170

 

[Approved: May 27, 2019]

 

AN ACT relating to energy efficiency; revising provisions relating to the energy efficiency of certain lights sold in this State; repealing obsolete provisions relating to the reduction of grid-based energy purchases for state-owned buildings; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Office of Energy to prepare a state energy reduction plan to reduce grid-based energy purchases for state-owned buildings by 20 percent by 2015. (NRS 701.215) Section 2 of this bill eliminates this requirement.

      Existing law also requires the Director to establish a minimum standard of energy efficiency for lumens per watt of electricity consumed that must be produced by general purpose lights sold in this State on and after January 1, 2016. (NRS 701.260) Section 1 of this bill changes the term “general purpose light” to “general service lamp” and requires the Director to adopt by regulation: (1) a definition of “general service lamp”; and (2) a minimum standard of energy efficiency for general service lamps sold in this State on or after January 1, 2020, which must meet or exceed 45 lumens per watt. Section 1 also prohibits the sale, on or after January 1, 2020, of general service lamps that do not meet or exceed the minimum standards of energy efficiency established by the Director for lumens per watt of electricity consumed.

 

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 701.260 is hereby amended to read as follows:

      701.260  1.  [Between January 1, 2012, and December 31, 2015, inclusive, no general purpose light may be sold in this State unless it produces at least 25 lumens per watt of electricity consumed.

      2.]  On and after January 1, [2016,] 2020, no general [purpose light] service lamp may be sold in this State unless it meets or exceeds the minimum standard of energy efficiency established by the Director pursuant to subsection [3] 2 for lumens per watt of electricity consumed [.

      3.], when tested in accordance with the test procedures for general service lamps prescribed by 10 C.F.R. 430.23(gg).

      2.  The Director shall adopt regulations to carry out the provisions of this section. The regulations must, without limitation:

      (a) Establish a minimum standard of energy efficiency for lumens per watt of electricity consumed that must be produced by general [purpose lights] service lamps sold in this State on and after January 1, [2016.] 2020. The minimum standard of energy efficiency established by the Director must meet or exceed [25] 45 lumens per watt of electricity consumed.

      (b) Attempt to minimize the overall cost to consumers for general [purpose lighting,] service lamps, considering the needs of consumers relating to lighting, technological feasibility and anticipated product availability and performance.

 


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ê2019 Statutes of Nevada, Page 906 (CHAPTER 170, AB 54)ê

 

      [4.  As used in]

      3.  For the purposes of this section, the Director shall define by regulation “general [purpose light” means lamps, bulbs, tubes or other devices that provide functional illumination for indoor or outdoor use.] service lamp.” The term [does] must not include “specialty lighting” or “lighting necessary to provide illumination for persons with special needs,” as defined by the Director by regulation.

      Sec. 2. NRS 701.215 is hereby repealed.

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CHAPTER 171, AB 432

Assembly Bill No. 432–Assemblymen Frierson; and Assefa

 

CHAPTER 171

 

[Approved: May 28, 2019]

 

AN ACT relating to business entities; establishing provisions governing worker cooperative corporations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes various provisions relating to nonprofit cooperative corporations and cooperative associations. (Chapter 81 of NRS) Sections 2-31 of this bill establish provisions relating to worker cooperative corporations.

      Section 11 of this bill authorizes a private corporation to elect to be governed as a worker cooperative corporation. Section 11 requires that such a worker cooperative corporation be governed by chapter 78 of NRS unless such provisions conflict with sections 2-31.

      Section 12 of this bill sets forth various requirements for the articles of incorporation or bylaws of a worker cooperative corporation with regards to membership in a worker cooperative corporation, and sections 15 and 16 of this bill establish requirements for the expulsion, termination or suspension of a member as well as remedies for a member whose membership was expelled, terminated or suspended. Section 13 of this bill also establishes the qualifications, duties and considerations of directors of a worker cooperative corporation.

      Section 14 of this bill provides for a worker cooperative corporation to issue membership shares and other capital stock. Section 14 also specifies the respective rights of members and stockholders as related to such membership shares and stock.

      Sections 17-24 of this bill establish requirements relating to meetings of the worker cooperative corporation and notice requirements for such meetings. Section 25 of this bill authorizes the board of directors to distribute ballots for the purpose of member voting and prescribes the requirements governing such voting procedures.

      Sections 26-28 of this bill authorize a worker cooperative corporation to declare patronage dividends from net earnings and authorize a worker cooperative corporation to set up a series of internal capital accounts, divisible reserve accounts and indivisible reserve accounts.

      Section 29 of this bill authorizes a worker cooperative corporation to act as an internal capital account cooperative.

      Section 30 of this bill authorizes a corporation to revoke its election to be governed as a worker cooperative corporation and provides the procedure for such a revocation. Section 31 of this bill prohibits a worker cooperative corporation from merging with another corporation unless the merger is with another worker cooperative corporation under certain circumstances.

 


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ê2019 Statutes of Nevada, Page 907 (CHAPTER 171, AB 432)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 81 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 31, inclusive, of this act.

      Sec. 2. The Legislature hereby finds and declares that a worker cooperative:

      1.  Has the purpose of creating and maintaining sustainable jobs and generating wealth.

      2.  Is essential to:

      (a) Improving the quality of life of the members of the worker cooperative;

      (b) Dignifying human work;

      (c) Allowing democratic self-management of employees; and

      (d) Promoting community and local development in this State.

      Sec. 3. As used in sections 2 to 31, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Member” means a natural person who:

      1.  Has been accepted for membership in a worker cooperative; and

      2.  Owns a membership share issued by a worker cooperative.

      Sec. 5. “Membership share” means a single class of stock that has unlimited voting rights issued by a worker cooperative to a member.

      Sec. 6. “Patronage” means the amount of work performed by a member measured in accordance with the articles of incorporation and bylaws of a worker cooperative.

      Sec. 7. “Patronage dividend” means a dividend or distribution of net income made on the basis of patronage.

      Sec. 8. “Quorum” means a simple majority of the members.

      Sec. 9. “Worker cooperative” means a corporation which has elected to be governed by the provisions of sections 2 to 31, inclusive, of this act.

      Sec. 10. “Written notice of allocation” means a written instrument which discloses to a member the stated dollar amount of his or her patronage dividend and the terms for payment of that amount by a worker cooperative to the member.

      Sec. 11. 1.  A corporation formed pursuant to chapter 78 of NRS may elect to be governed as a worker cooperative under the provisions of sections 2 to 31, inclusive, of this act and such an election must be stated in the articles of incorporation of the corporation or in an amendment to the articles of incorporation of the corporation filed pursuant to chapter 78 of NRS.

      2.  The provisions of chapter 78 of NRS govern a worker cooperative established pursuant to sections 2 to 31, inclusive, of this act, except to the extent that the provisions of chapter 78 of NRS are inconsistent with sections 2 to 31, inclusive, of this act.

      Sec. 12. 1.  The articles of incorporation or bylaws of a worker cooperative must establish:

      (a) The qualifications for membership, including, without limitation, that a member must be employed by the worker cooperative on a full- or part-time basis; and

 


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ê2019 Statutes of Nevada, Page 908 (CHAPTER 171, AB 432)ê

 

      (b) The method of acceptance, expulsion, termination and suspension of members.

      2.  At least 51 percent of the members of a worker cooperative must be employees of the worker cooperative.

      3.  An authorized and voluntary leave of absence from a worker cooperative by a member of the worker cooperative must not revoke the membership status of the member.

      4.  Members shall have all the rights and responsibilities of a stockholder of a corporation pursuant to chapter 78 of NRS.

      Sec. 13. 1.  A majority of the directors on the board of directors of a worker cooperative must be members.

      2.  The board of directors shall meet with the members not less than annually.

      3.  A majority vote of the members shall override any decision by the board of directors, unless the articles of incorporation or bylaws of the worker cooperative require a larger percentage of the vote to override such a decision.

      4.  A meeting in which the members will vote whether to override a decision of the board of directors must be called by at least 5 percent of the members.

      5.  The board of directors of a worker cooperative, in exercising their respective powers with a view of the interests of the worker cooperative, may:

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

             (1) The interests of the members, employees, suppliers, creditors and customers of the worker cooperative;

             (2) The economy of this State or the nation;

             (3) The interests of the community or society;

             (4) The local and global environment;

             (5) The long-term and short-term interests of the worker cooperative, including, without limitation, the possibility that such interests may be best served by control of the worker cooperative remaining unchanged; and

             (6) The long-term and short-term interests of the members and shareholders, as applicable, of the worker cooperative.

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

      Sec. 14. 1.  Each member shall own one membership share, and only members may own such shares.

      2.  Membership shares:

      (a) Must be issued for a fee determined by the board of directors of the worker cooperative.

      (b) Must not be considered a security.

      3.  Except as otherwise provided in subsection 4:

      (a) No shares of the corporation other than membership shares may be given voting power in a worker cooperative.

      (b) The power to amend or repeal the bylaws of a worker cooperative may only be given to the members.

 


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      4.  An amendment that adversely affects the rights of the holders of corporate shares other than membership shares may not be adopted without the vote of such shareholders pursuant to chapter 78 of NRS.

      Sec. 15. 1.  An expulsion, termination or suspension of a member which deviates from the procedural requirements of this section is void and without effect.

      2.  An expulsion, termination or suspension of a member must be performed in good faith and in a fair and reasonable manner.

      3.  A procedure for the expulsion, termination or suspension of a member is fair and reasonable if such a procedure is set forth in the articles of incorporation or bylaws of a worker cooperative and the procedure:

      (a) Provides 15 days’ notice of the expulsion, termination or suspension and such notice includes, without limitation, a reason for the expulsion, termination or suspension; and

      (b) Gives the member an opportunity to be heard, orally or in writing, before a person or body authorized to make such a decision regarding the expulsion, termination or suspension not less than 5 days before the effective date of the expulsion, termination or suspension.

      4.  A court may determine that a procedure for the expulsion, termination or suspension of a member was fair and reasonable pursuant to subsection 2.

      5.  The notice pursuant to subsection 3 must be reasonably calculated to provide actual notice to a member. The notice may be served by first-class or registered mail sent to the last known address of the member as shown in the records of the worker cooperative.

      6.  A member who is expelled, terminated or suspended is liable for any services or benefits actually rendered, dues, assessments, fees or charges incurred before his or her expulsion, termination or suspension.

      Sec. 16. 1.  An action challenging an expulsion, termination or suspension of a member, including, without limitation, a claim alleging defective notice, pursuant to section 15 of this act must be commenced within 1 year after the date of the expulsion, termination or suspension.

      2.  If a member is successful in his or her claim pursuant to subsection 1, a court may order any relief, including, without limitation, the reinstatement of a membership.

      3.  Unless a court finds that the member was expelled, terminated or suspended in bad faith in order to effect the outcome of a vote, a decision made by a vote of the members or the board of directors of a workers cooperative must not be set aside because a member was successful in his or her claim pursuant to subsection 1.

      Sec. 17. 1.  For a meeting during which members are required or permitted to vote, notice must be given, in writing, not less than 10 days or more than 90 days before the date of the meeting. Such notice must be provided to each member who, on the record date, is entitled to vote.

      2.  Except as otherwise provided in this subsection, if the notice pursuant to subsection 1 is provided by mail, such notice must be given not less than 20 days before the meeting. If the notice is mailed by first-class, registered or certified mail, such notice must be given not less than 10 days before the meeting.

      3.  If a member submits a written request to hold a special meeting to the chair of the board of directors, president, vice president or secretary of a worker cooperative, the special meeting must be held not less than 35 days and not more than 90 days after the receipt of such a request.

 


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a worker cooperative, the special meeting must be held not less than 35 days and not more than 90 days after the receipt of such a request. The requesting member must not be a director of the board of directors.

      4.  If notice of a special meeting is not given within 20 days after a request is submitted pursuant to subsection 3:

      (a) The member requesting the special meeting pursuant to subsection 3 may provide notice to the members in accordance with the requirements of subsection 3; or

      (b) The member may request that a district court order service of the notice pursuant to subsection 3.

      5.  A district court shall provide a worker cooperative with an opportunity to be heard before the court makes an order pursuant to paragraph (b) of subsection 4.

      Sec. 18. 1.  Before a meeting consisting of only members, personal notice must be given to each member not less than 48 hours before the meeting. Such notice must be provided to each member who, on the record date, is entitled to vote.

      2.  Any decision made at a meeting held pursuant to subsection 1 may be vetoed by a member who:

      (a) Was not present at the meeting; and

      (b) Did not receive 48 hours’ notice,

Ê unless a majority of the members or another percentage of the members as specified in the articles of incorporation or the bylaws of the worker cooperative were present at the meeting.

      Sec. 19. Notice of a meeting given pursuant to section 17 or 18 of this act must include, without limitation:

      1.  The place, date and time of the meeting;

      2.  A description of the general nature of the matters before the board of directors or members, as applicable;

      3.  If a director is to be elected, the names of each of the candidates for such a position; and

      4.  If applicable, information regarding the electronic or video transmission of the meeting.

      Sec. 20. 1.  Except as otherwise provided in section 18 of this act, notice may be provided by:

      (a) Personal service;

      (b) Electronic transmission;

      (c) Mail; or

      (d) Any other means of written communication.

      2.  An affidavit executed by a secretary, assistant secretary or transfer agent of a worker cooperative attesting that notice was served in accordance with sections 17 to 22, inclusive, of this act shall be deemed prima facie evidence that proper notice was given by the worker cooperative.

      Sec. 21. 1.  Except as otherwise provided in subsection 2, notice of a meeting given by mail or through other written communication pursuant to section 20 of this act must be addressed to a member at his or her last known address as provided in the records of the worker cooperative.

      2.  If there is no known address of a member in the records:

      (a) The worker cooperative must use the address of the principal place of business of the worker cooperative; or

 


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      (b) The notice must be published, one time, in a newspaper of general circulation in the county in which the principal place of business of the worker cooperative is located.

      3.  If a mailed notice of a meeting is returned by the United States Postal Service as being undeliverable to an address of a member, all future such notices shall be deemed to have been duly given unless the member makes a written demand to the worker cooperative for a copy of the notice, at which time the notice must be provided by the worker cooperative to the member if the demand was made within 1 year after the original notice was returned as undeliverable.

      Sec. 22. Notice of a meeting may not be given by electronic transmission pursuant to section 20 of this act if:

      1.  A worker cooperative is unable to deliver two consecutive notices to the member by electronic transmission; or

      2.  A secretary, assistant secretary, transfer agent or any other person knows that the notice is unable to be delivered by electronic transmission.

      Sec. 23. 1.  Unless otherwise provided by the articles of incorporation or bylaws of a worker cooperative, when a meeting is adjourned to another time or place, notice of the adjournment need not be given to the members of the original meeting if the time and place that the meeting will commence is announced before the adjournment.

      2.  If an adjournment pursuant to subsection 1 is taken for more than 45 days, or if a new record date is set after an adjournment, notice of the adjournment must be given in accordance with sections 17 to 23, inclusive, of this act to each member entitled to vote.

      3.  At the commencement of the adjourned meeting, the worker cooperative may transact any business that would have been transacted at the original meeting.

      Sec. 24. 1.  Any business transacted at a meeting that does not meet the notice requirements pursuant to sections 17 to 23, inclusive, of this act is valid if:

      (a) There was a quorum of the members present at the meeting; and

      (b) Each member not present at such a meeting:

             (1) Was provided a written waiver of the notice;

             (2) Consented to the holding of the meeting without his or her presence; or

             (3) Approved the minutes of the meeting in writing.

      2.  The attendance of a person at a meeting constitutes waiver of the notice pursuant to subsection 1 unless the person objects at the beginning of the meeting to the transaction of business at the meeting on the basis of improper notice pursuant to sections 17 to 23, inclusive, of this act.

      3.  A written waiver of notice is not required to include a provision for each item of business to be transacted at a meeting unless otherwise specified by the articles of incorporation or bylaws of the worker cooperative.

      Sec. 25. 1.  Unless otherwise prohibited by the articles of incorporation or bylaws of a worker cooperative, the board of directors of the worker cooperative may authorize the distribution of a written ballot to every member entitled to vote at a meeting.

      2.  A ballot distributed pursuant to subsection 1 must:

 


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      (a) Set forth any proposed action to be taken at the meeting;

      (b) Provide an opportunity for the member to approve or disapprove of any action; and

      (c) State that unless the ballot is revoked by a member, the ballot will be counted if received by the worker cooperative on or before the time of the meeting.

      3.  A ballot may be revoked by a member pursuant to subsection 2 by the physical appearance and casting of a vote of the member at the meeting.

      4.  For the purposes of the subject matter of a written ballot, an unrevoked ballot is equivalent to the physical presence of a member at the meeting for purposes of determining a quorum.

      5.  If cumulative voting is permitted by the articles of incorporation or bylaws of a worker cooperative and the distribution of ballots is not prohibited pursuant to subsection 1, a ballot may be distributed for the election of a director.

      Sec. 26. 1.  The net earnings and losses of a worker cooperative must be apportioned and distributed at the time and in the manner specified by the articles of incorporation or bylaws of the worker cooperative.

      2.  Any net earnings declared as patronage dividends and paid to members must be apportioned among the members in the proportion of the patronage of each member during a given period of time to the total patronage by all members during that period of time.

      3.  The apportionment, distribution and payment of net earnings pursuant to this section may be in cash, credits, written notices of allocation or corporate shares issued by the worker cooperative.

      Sec. 27. The articles of incorporation or bylaws of a worker cooperative may:

      1.  Establish a system of internal capital accounts to reflect the book value of the worker cooperative and to determine the redemption price of membership shares, corporate shares and written notices of allocation.

      2.  Permit the periodic redemption of written notices of allocation and corporate shares and may provide for recall and redemption of membership shares upon termination of membership in the worker cooperative unless the redemption would result in the liability of a director of the worker cooperative.

      3.  Authorize the worker cooperative to pay or credit interest on the balance of the internal capital account of each member.

      4.  Authorize the assignment of a portion of retained net earnings and net losses to a collective reserve account. Such assigned earnings may be used for any corporate purpose determined by the board of directors of the worker cooperative.

      Sec. 28. 1.  A worker cooperative may use:

      (a) A divisible reserve account; or

      (b) An indivisible reserve account.

      2.  An account used pursuant to subsection 1 may be used to pay the expenses of a worker cooperative, including, without limitation, wages.

      3.  Upon the dissolution or sale of a worker cooperative, an indivisible reserve account of the worker cooperative must be allocated to an indivisible reserve account of another worker cooperative or nonprofit corporation.

 


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      Sec. 29. 1.  The articles of incorporation or bylaws of a worker cooperative may establish the worker cooperative as an internal capital account cooperative.

      2.  Each member of an internal capital account cooperative shall have one vote.

      3.  An internal capital account cooperative shall:

      (a) Credit the membership fee and additional capital paid by a member to the internal capital account of that member; and

      (b) Record the apportionment of retained net earnings or losses to the members in accordance with patronage by appropriately crediting or debiting the internal capital account of each member.

      4.  The capital reserve account in an internal capital account cooperative must reflect any capital, net losses and retained net earning not allocated to individual members.

      5.  The balances in every internal capital account and collective reserve account, if applicable, must be adjusted at the end of each accounting period so that the sum of the balances is equal to the net book value of the worker cooperative.

      6.  As used in this section, “internal capital account cooperative” means a worker cooperative whose entire net book value is reflected in internal capital accounts, one for each member, and a collective reserve account.

      Sec. 30. 1.  A worker cooperative may revoke its election to be governed as a worker cooperative pursuant to section 11 of this act:

      (a) In a manner as provided by the articles of incorporation or bylaws of the worker cooperative, but by not less than a majority vote of the members; and

      (b) Through a certificate of amendment filed pursuant to chapter 78 of NRS.

      2.  A worker cooperative that revokes its election pursuant to subsection 1 shall, in its certificate of amendment, provide for the conversion of membership shares and internal capital accounts or their conversion to securities or other property in a manner consistent with chapter 78 of NRS.

      Sec. 31. 1.  A worker cooperative that has not revoked its election pursuant to section 11 of this act shall not consolidate or merge with another corporation unless such a corporation is also a worker cooperative.

      2.  Two or more worker cooperatives may merge in a manner consistent with chapters 78 and 92A of NRS.

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ê2019 Statutes of Nevada, Page 914ê

 

CHAPTER 172, AB 258

Assembly Bill No. 258–Assemblymen Thompson, Duran, Assefa; Gorelow, Martinez, Torres and Yeager

 

Joint Sponsor: Senator Dondero Loop

 

CHAPTER 172

 

[Approved: May 28, 2019]

 

AN ACT relating to education; providing for the enforcement of the decision of a hearing officer or a settlement agreement resulting from a due process hearing; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law requires a due process hearing to be held concerning a complaint relating to the identification of a pupil as a pupil with or without a disability or the sufficiency of services provided to such a pupil. (20 U.S.C. § 1415) Existing Nevada law: (1) provides for the selection of a hearing officer; (2) requires the local educational agency or governing body of a charter school involved in the complaint to pay the cost of the hearing; and (3) authorizes an aggrieved party to appeal the decision of a hearing officer to the Department of Education. (NRS 388.463) Section 1 of this bill authorizes the parent or guardian of a pupil who is the subject of a decision or settlement agreement resulting from a due process hearing, or the pupil under certain circumstances, to submit a complaint to the Department if the local educational agency or charter school has failed to comply with the decision or settlement agreement. If the Department determines that the allegations of the complaint are true, section 1 requires the Department to take any measures deemed necessary to ensure that: (1) the local educational agency or governing body of the charter school complies with the decision or settlement agreement; and (2) the pupil receives a free appropriate public education. Section 2 of this bill makes a conforming change.

      Existing law establishes the requirement for a pupil with a disability to obtain an adjusted diploma or an alternative diploma. (NRS 390.600) Section 4.5 of this bill requires a pupil to participate in an alternative assessment rather than pass such an assessment to obtain an alternative diploma.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a local educational agency or the governing body of a charter school fails to comply with the decision of a hearing officer or a settlement agreement resulting from a due process hearing, the parent or guardian of the pupil who is the subject of the decision or agreement or, if the pupil has attained 18 years of age and responsibility for his or her educational interests has been transferred to the pupil, the pupil may file a complaint with the Department pursuant to 34 C.F.R. § 300.153.

      2.  After investigating a complaint filed pursuant to subsection 1 and providing the local educational agency or governing body with an opportunity to respond to the complaint, including, without limitation, any mitigating factors, the Department shall issue a written decision concerning the complaint.

 


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mitigating factors, the Department shall issue a written decision concerning the complaint. If the Department finds that the local educational agency or governing body has failed to comply with the decision or settlement agreement, as applicable, the Department must take:

      (a) Any measures that the Department determines necessary to ensure that the local educational agency or governing body complies with the decision or settlement agreement, as applicable; and

      (b) Any additional measures that the Department determines are necessary to ensure that the pupil receives a free appropriate public education.

      3.  Measures taken pursuant to subsection 2 may include, without limitation:

      (a) Issuing a written order to the local educational agency or governing body to take specific action;

      (b) Monitoring the actions taken by the local educational agency or governing body to comply with the order;

      (c) Withholding federal or state money that would otherwise be provided to the local educational agency or governing body for the purpose of providing educational services to the pupil and using that money to directly arrange and pay for the provision of such services to the pupil; and

      (d) Referring the matter to the Attorney General to bring an action in a court of competent jurisdiction to enforce the order.

      4.  The Department shall provide a copy of any decision issued pursuant to subsection 2 and any order issued pursuant to paragraph (a) of subsection 3 to:

      (a) The complainant and the local educational agency or governing body, as applicable; and

      (b) If applicable, the superintendent of the local educational agency and any person or office responsible for compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., at the local educational agency or charter school.

      5.  Nothing in this section shall be deemed to preclude a parent or guardian of a pupil from seeking any other remedy available at law or in equity.

      6.  As used in this section, “local educational agency” has the meaning ascribed to it in 20 U.S.C. § 1401(19).

      Sec. 2. NRS 388.417 is hereby amended to read as follows:

      388.417  As used in NRS 388.417 to 388.515, inclusive [:] , and section 1 of this act:

      1.  “Communication mode” means any system or method of communication used by a person with a disability, including, without limitation, a person who is deaf or whose hearing is impaired, to facilitate communication which may include, without limitation:

      (a) American Sign Language;

      (b) English-based manual or sign systems;

      (c) Oral and aural communication;

      (d) Spoken and written English, including speech reading or lip reading; and

      (e) Communication with assistive technology devices.

 


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      2.  “Dyslexia” means a neurological learning disability characterized by difficulties with accurate and fluent word recognition and poor spelling and decoding abilities that typically result from a deficit in the phonological component of language.

      3.  “Dyslexia intervention” means systematic, multisensory intervention offered in an appropriate setting that is derived from evidence-based research.

      4.  “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      5.  “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      6.  “Provider of special education” means a school within a school district or charter school that provides education or services to pupils with disabilities or any other entity that is responsible for providing education or services to a pupil with a disability for a school district or charter school.

      7.  “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

      8.  “Pupil with a disability” means a “child with a disability,” as that term is defined in 20 U.S.C. § 1401(3)(A), who is under 22 years of age.

      9.  “Response to scientific, research-based intervention” means a collaborative process which assesses a pupil’s response to scientific, research-based intervention that is matched to the needs of a pupil and that systematically monitors the level of performance and rate of learning of the pupil over time for the purpose of making data-based decisions concerning the need of the pupil for increasingly intensified services.

      10.  “Specific learning disability” means a disorder in one or more of the basic psychological processes involved in understanding or using spoken or written language which is not primarily the result of a visual, hearing or motor impairment, intellectual disability, serious emotional disturbance, or an environmental, cultural or economic disadvantage. Such a disorder may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or perform mathematical calculations. The term includes, without limitation, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia and developmental aphasia.

      Secs. 3 and 4. (Deleted by amendment.)

      Sec. 4.5. NRS 390.600 is hereby amended to read as follows:

      390.600  1.  The State Board shall adopt regulations that, except as otherwise provided in subsection 3, prescribe the criteria for a pupil to receive a standard high school diploma, which must include, without limitation, the requirement that:

      (a) A pupil enrolled in grade 11 take the college and career readiness assessment administered pursuant to NRS 390.610; and

      (b) Commencing with the graduating class of 2022 and each graduating class thereafter, a pupil successfully complete a course of study designed to prepare the pupil for graduation from high school and for readiness for college and career.

      2.  The criteria prescribed by the State Board pursuant to subsection 1 for a pupil to receive a standard high school diploma must not include the results of the pupil on the college and career readiness assessment administered to the pupil in grade 11 pursuant to NRS 390.610.

 


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      3.  A pupil with a disability who does not satisfy the requirements to receive a standard high school diploma prescribed by the State Board pursuant to subsection 1 may receive a standard high school diploma if the pupil demonstrates, through a portfolio of the pupil’s work, proficiency in the standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520.

      4.  A pupil with a disability who does not satisfy the requirements for receipt of a standard high school diploma prescribed in subsection 3 or by the State Board pursuant to subsection 1 may receive a diploma designated as an:

      (a) Adjusted diploma if the pupil satisfies the requirements set forth in his or her individualized education program; or

      (b) Alternative diploma if the pupil:

             (1) Has a significant cognitive disability; and

             (2) [Passes] Participates in an alternate assessment prescribed by the State Board.

      5.  If a pupil does not satisfy the requirements to receive a standard high school diploma prescribed by subsection 3 or by the State Board pursuant to subsection 1, the pupil must not be issued a certificate of attendance or any other document indicating that the pupil attended high school but did not satisfy the requirements for such a diploma. The provisions of this subsection do not apply to a pupil who receives an adjusted diploma or an alternative diploma pursuant to subsection 4.

      6.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      Secs. 5 and 6. (Deleted by amendment.)

      Sec. 7.  This act becomes effective on July 1, 2019.

________

CHAPTER 173, AB 347

Assembly Bill No. 347–Assemblymen Neal; Flores and Torres

 

CHAPTER 173

 

[Approved: May 28, 2019]

 

AN ACT relating to business associations; revising provisions relating to the reinstatement of certain business associations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires business associations organized under the laws of this State to annually file certain information and pay certain filing fees to avoid default and the forfeiture of its right to transact business in this State. Existing law requires the Secretary of State to reinstate a business association that is in default if the business association files certain additional information and pays certain fees and penalties to the Secretary of State. (NRS 78.180, 80.170, 82.5237, 84.150, 86.276, 86.5467, 87.530, 87.5435, 87A.310, 87A.595, 88.410, 88.594, 88A.650, 88A.737, 89.256)

 


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      Existing law authorizes a business to be certified as a local emerging small business if the business meets certain requirements. (NRS 231.1405) Section 15.5 of this bill requires the Secretary of State to reinstate a local emerging small business within 5 years of when the local emerging small business’s right to transact business was revoked if the local emerging small business pays at least 25% of the required fees and penalties. If a local emerging small business fails to pay the entire amount of fees and penalties owed for its reinstatement, section 15.5 requires the local emerging small business to enter into a payment plan with the Secretary of State to pay the remaining balance of its delinquent fees and penalties within 1 year. Section 15.5 further requires the Secretary of State to revoke a local emerging small business’s right to transact business if the local emerging small business fails to comply with the payment plan. Sections 1-15 and 15.7 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. NRS 78.180 is hereby amended to read as follows:

      78.180  1.  Except as otherwise provided in subsections 3 and 4 and NRS 78.152, the Secretary of State shall reinstate a corporation which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the corporation its right to carry on business in this State, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 78.150;

             (2) The statement required by NRS 78.153, if applicable;

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly elected board of directors of the corporation or, if the corporation does not have a board of directors, the equivalent of such a board; and

      (b) [Pays] Except as otherwise provided in section 15.5 of this act, pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 78.150 and 78.170 for each year or portion thereof during which it failed to file each required annual list in a timely manner;

             (2) The fee set forth in NRS 78.153, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the corporation, the Secretary of State shall issue to the corporation a certificate of reinstatement if the corporation:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to subsection 7 of NRS 78.785.

      3.  [The] Except as otherwise provided in section 15.5 of this act, the Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

 


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      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.

      5.  Except as otherwise provided in NRS 78.185, a reinstatement pursuant to this section relates back to the date on which the corporation forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 2. NRS 80.170 is hereby amended to read as follows:

      80.170  1.  Except as otherwise provided in subsections 3 and 4 or NRS 80.113, the Secretary of State shall reinstate a corporation which has forfeited or which forfeits its right to transact business under the provisions of this chapter and shall restore to the corporation its right to transact business in this State, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list as provided in NRS 80.110 and 80.140;

             (2) The statement required by NRS 80.115, if applicable;

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly elected board of directors of the foreign corporation or, if the foreign corporation does not have a board of directors, the equivalent of such a board; and

      (b) [Pays] Except as otherwise provided in section 15.5 of this act, pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 80.110 and 80.150 for each year or portion thereof that its right to transact business was forfeited;

             (2) The fee set forth in NRS 80.115, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the corporation, the Secretary of State shall issue to the corporation a certificate of reinstatement if the corporation:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to subsection 7 of NRS 78.785.

      3.  Except as otherwise provided in section 15.5 of this act, the Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a corporation to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right is not subject to reinstatement.

      5.  Except as otherwise provided in NRS 80.175, a reinstatement pursuant to this section relates back to the date on which the corporation forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 3. NRS 82.5237 is hereby amended to read as follows:

      82.5237  1.  Except as otherwise provided in subsections 3 and 4 and NRS 82.183, the Secretary of State shall reinstate a foreign nonprofit corporation which has forfeited or which forfeits its right to transact business pursuant to the provisions of NRS 82.523 to 82.524, inclusive, and restore to the foreign nonprofit corporation its right to transact business in this State, and to exercise its corporate privileges and immunities, if it:

 


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the foreign nonprofit corporation its right to transact business in this State, and to exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) A list as provided in NRS 82.523; and

             (2) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly elected board of directors of the foreign nonprofit corporation or, if the foreign nonprofit corporation does not have a board of directors, the equivalent of such a board; and

      (b) [Pays] Except as otherwise provided in section 15.5 of this act, pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 82.523 and 82.5235 for each year or portion thereof that its right to transact business was forfeited; and

             (2) A fee of $100 for reinstatement.

      2.  When the Secretary of State reinstates the foreign nonprofit corporation, the Secretary of State shall issue to the foreign nonprofit corporation a certificate of reinstatement if the foreign nonprofit corporation:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the fees as provided in subsection 7 of NRS 78.785.

      3.  [The] Except as otherwise provided in section 15.5 of this act, the Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid and the revocation of the right to transact business occurred only by reason of failure to pay the fees and penalties.

      4.  If the right of a foreign nonprofit corporation to transact business in this State has been forfeited pursuant to the provisions of this chapter and has remained forfeited for a period of 5 consecutive years, the right to transact business must not be reinstated.

      5.  Except as otherwise provided in NRS 82.5239, a reinstatement pursuant to this section relates back to the date on which the foreign nonprofit corporation forfeited its right to transact business under the provisions of this chapter and reinstates the foreign nonprofit corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 4. NRS 84.150 is hereby amended to read as follows:

      84.150  1.  Except as otherwise provided in subsections 3 and 4, the Secretary of State shall reinstate any corporation sole which has forfeited its right to transact business under the provisions of this chapter and restore the right to carry on business in this State and exercise its corporate privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The information required pursuant to NRS 77.310; and

             (2) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the archbishop, bishop, president, trustee in trust, president of stake, president of congregation, overseer, presiding elder, district superintendent, other presiding officer or member of the clergy of a church or religious society or denomination, who has been chosen, elected or appointed in conformity with the constitution, canons,

 


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rites, regulations or discipline of the church or religious society or denomination, and in whom is vested the legal title to property held for the purposes, use or benefit of the church or religious society or denomination; and

      (b) [Pays] Except as otherwise provided in section 15.5 of this act, pays to the Secretary of State the:

             (1) Filing fees and penalties set forth in this chapter for each year or portion thereof during which its charter has been revoked; and

             (2) Fee for reinstatement set forth in paragraph (c) of subsection 2 of NRS 84.110.

      2.  When the Secretary of State reinstates the corporation to its former rights, the Secretary of State shall:

      (a) Immediately issue and deliver to the corporation a certificate of reinstatement authorizing it to transact business, as if the fees had been paid when due; and

      (b) Upon demand, issue to the corporation a certified copy of the certificate of reinstatement.

      3.  [The] Except as otherwise provided in section 15.5 of this act, the Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of its charter occurred only by reason of its failure to pay the fees and penalties.

      4.  If a corporate charter has been revoked pursuant to the provisions of this chapter and has remained revoked for 10 consecutive years, the charter must not be reinstated.

      5.  A reinstatement pursuant to this section relates back to the date on which the corporation forfeited its right to transact business under the provisions of this chapter and reinstates the corporation’s right to transact business as if such right had at all times remained in full force and effect.

      Sec. 5. NRS 86.276 is hereby amended to read as follows:

      86.276  1.  Except as otherwise provided in subsections 3 and 4 and NRS 86.246, the Secretary of State shall reinstate any limited-liability company which has forfeited or which forfeits its right to transact business pursuant to the provisions of this chapter and shall restore to the company its right to carry on business in this State, and to exercise its privileges and immunities, if it:

      (a) Files with the Secretary of State:

             (1) The list required by NRS 86.263;

             (2) The statement required by NRS 86.264, if applicable;

             (3) The information required pursuant to NRS 77.310; and

             (4) A declaration under penalty of perjury, on a form provided by the Secretary of State, that the reinstatement is authorized by a court of competent jurisdiction in this State or by the duly selected manager or managers of the limited-liability company or, if there are no managers, its managing members; and

      (b) [Pays] Except as otherwise provided in section 15.5 of this act, pays to the Secretary of State:

             (1) The filing fee and penalty set forth in NRS 86.263 and 86.272 for each year or portion thereof during which it failed to file in a timely manner each required annual list;

 


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             (2) The fee set forth in NRS 86.264, if applicable; and

             (3) A fee of $300 for reinstatement.

      2.  When the Secretary of State reinstates the limited-liability company, the Secretary of State shall issue to the company a certificate of reinstatement if the limited-liability company:

      (a) Requests a certificate of reinstatement; and

      (b) Pays the required fees pursuant to NRS 86.561.

      3.  [The] Except as otherwise provided in section 15.5 of this act, the Secretary of State shall not order a reinstatement unless all delinquent fees and penalties have been paid, and the revocation of the charter occurred only by reason of failure to pay the fees and penalties.

      4.  If a company’s charter has been revoked pursuant to the provisions of this chapter and has remained revoked for a period of 5 consecutive years, the charter must not be reinstated.<