[Rev. 12/20/2019 4:57:39 PM]

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ê2019 Statutes of Nevada, Page 1619ê

 

CHAPTER 286, SB 430

Senate Bill No. 430–Committee on Judiciary

 

CHAPTER 286

 

[Approved: June 1, 2019]

 

AN ACT relating to marijuana; expanding the definition of “chronic or debilitating medical condition” for certain purposes relating to the medical use of marijuana; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally exempts a person who holds a valid registry identification card or letter of approval from state prosecution for possession, delivery and production of marijuana. (NRS 453A.200, 453A.205) To obtain a registry identification card or letter of approval, an applicant must submit to the Division of Public and Behavioral Health of the Department of Health and Human Services, among other requirements, a signature from the applicant’s attending provider of health care affirming that the applicant has been diagnosed with a chronic or debilitating medical condition. (NRS 453A.210) This bill expands the definition of “chronic or debilitating medical condition” to include certain additional medical conditions.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 453A.050 is hereby amended to read as follows:

      453A.050  “Chronic or debilitating medical condition” means:

      1.  Acquired immune deficiency syndrome;

      2.  An anxiety disorder;

      3.  An autism spectrum disorder;

      4.  An autoimmune disease;

      5.  Cancer;

      6.  Dependence upon or addiction to opioids;

      [3.] 7.  Glaucoma;

      [4.] 8.  A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:

      (a) [Cachexia;] Anorexia or cachexia;

      (b) [Persistent muscle] Muscle spasms, including, without limitation, spasms caused by multiple sclerosis;

      (c) Seizures, including, without limitation, seizures caused by epilepsy;

      (d) Severe nausea; or

      (e) Severe or chronic pain; [or]

      9.  A medical condition related to acquired immune deficiency syndrome or the human immunodeficiency virus;

      10.  A neuropathic condition, whether or not such condition causes seizures; or

      [5.] 11.  Any other medical condition or treatment for a medical condition that is:

      (a) Classified as a chronic or debilitating medical condition by regulation of the Division; or

 


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ê2019 Statutes of Nevada, Page 1620 (CHAPTER 286, SB 430)ê

 

      (b) Approved as a chronic or debilitating medical condition pursuant to a petition submitted in accordance with NRS 453A.710.

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

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CHAPTER 287, SB 441

Senate Bill No. 441–Committee on Finance

 

CHAPTER 287

 

[Approved: June 1, 2019]

 

AN ACT relating to education; revising provisions relating to programs of distance education; establishing provisions relating to charter schools for distance education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a school district or charter school to provide a program of distance education if the school district or charter school satisfies certain requirements. (NRS 388.838) Sections 6-14 of this bill establish provisions for a charter school to operate exclusively as a charter school for distance education. Section 11 of this bill authorizes a charter school sponsored by the State Public Charter School Authority or a committee to form a charter school or charter management organization that has applied for sponsorship from the Authority to apply to the Authority for authorization to operate as a charter school for distance education. Section 11 requires a charter school, committee to form a charter school or charter management organization to satisfy certain requirements to be authorized as a charter school for distance education. Section 11 also requires a charter contract to operate a charter school for distance education to include certain provisions. Section 12 of this bill authorizes a charter school for distance education to use certain methods to collect certain information. Section 13 of this bill designates the Authority as the local educational agency for all charter schools for distance education sponsored by the Authority and authorizes the Department of Education to deem a charter school for distance education sponsored by the Authority a local educational agency. Section 14 of this bill requires the Department to adopt certain regulations. Section 15 of this bill provides that a charter school that has an existing written charter or charter contract with the Authority to operate a program of distance education entered into on or before July 31, 2019, is deemed a charter school for distance education.

      Existing law requires a pupil who wishes to enroll full-time in a program of distance education to receive permission from the board of trustees of the school district where the pupil resides. (NRS 388.854) Section 3 of this bill removes that requirement. Section 5 of this bill prohibits a charter school sponsored by a school district that offers a full-time program of distance education from enrolling a pupil in the program who resides outside that school district.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2. (Deleted by amendment.)

 


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ê2019 Statutes of Nevada, Page 1621 (CHAPTER 287, SB 441)ê

 

      Sec. 3. NRS 388.854 is hereby amended to read as follows:

      388.854  1.  [Before a pupil may enroll full-time in a program of distance education that is provided by a school district other than the school district in which the pupil resides, the pupil must obtain the written permission of the board of trustees of the school district in which the pupil resides. Except as otherwise provided in NRS 388.850 or other specific statute, a board of trustees from whom permission is requested pursuant to this subsection shall grant the requested permission.

      2.]  A pupil who enrolls part-time in a program of distance education that is provided by a school district other than the school district in which the pupil resides or that is provided by a charter school is not required to obtain the approval of the board of trustees of the school district in which the pupil resides.

      [3.  If the board of trustees of a school district grants permission for a pupil to enroll full-time in a program of distance education pursuant to subsection 1 or if]

      2.  If a pupil enrolls part-time in a program of distance education pursuant to subsection [2,] 1, the board of trustees of the school district in which the pupil resides shall enter into a written agreement with the board of trustees of the school district or the governing body of the charter school, as applicable, that provides the program of distance education. [If the pupil enrolls part-time in a program of distance education, the] The agreement must include, without limitation, the amount of the apportionment provided to the school district where the pupil resides that will be allocated pursuant to paragraph (a) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

      [4.] 3.  A separate agreement must be prepared for each year that a pupil enrolls part-time in a program of distance education. [If permission is granted pursuant to subsection 1, the written agreement required by this subsection is not a condition precedent to the pupil’s enrollment in the program of distance education.

      5.] 4.  If the school district in which the pupil resides and the board of trustees of the school district or governing body of the charter school, as applicable, that provides the program of distance education in which the pupil is enrolled part-time are unable to reach an agreement as required pursuant to subsection [3,] 2, the Superintendent of Public Instruction will determine the amount of the apportionment which the school district where the pupil resides will be required to allocate pursuant to paragraph (a) of subsection 2 of NRS 387.124 to the school district or charter school, as applicable, that provides the program of distance education.

      Sec. 4. Chapter 388A of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 14, inclusive, of this act.

      Sec. 5. A charter school that is sponsored by a school district and that offers a full-time program of distance education may not enroll a pupil in the program who does not reside in that school district.

      Sec. 6. As used in sections 6 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 7 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 7. “Charter school for distance education” means a charter school that provides a full-time program of distance education.

      Sec. 8. “Course of distance education” has the meaning ascribed to it in NRS 388.823.

 


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ê2019 Statutes of Nevada, Page 1622 (CHAPTER 287, SB 441)ê

 

      Sec. 9. “Distance education” has the meaning ascribed to it in NRS 388.826.

      Sec. 10. “Program of distance education” has the meaning ascribed to it in NRS 388.829.

      Sec. 11. 1.  A charter school that is sponsored by the State Public Charter School Authority, or a committee to form a charter school or charter management organization that has submitted an application to be sponsored by the State Public Charter School Authority, may apply to the State Public Charter School Authority for authorization to operate as a charter school for distance education. The charter school, committee to form a charter school or charter management organization shall include in its application to the State Public Charter School Authority a description of:

      (a) The support available to each pupil, in his or her home or community, including, without limitation, the availability and frequency of interactions between the pupil and teachers;

      (b) The methods the charter school for distance education will use to administer any test, exam or assessment required by state or federal law;

      (c) The methods the charter school for distance education will use to assess the academic success of pupils; and

      (d) The criteria pupils must meet to be eligible for enrollment at the charter school for distance education and the process for accepting pupils.

      2.  The State Public Charter School Authority may authorize:

      (a) A charter school to operate as a charter school for distance education if the charter school satisfies the requirements of subsection 1.

      (b) A committee to form a charter school or a charter management organization to form or operate, as applicable, a charter school for distance education if the committee to form a charter school or charter management organization satisfies the requirements of subsection 1 and of subsection 3 of NRS 388A.249.

      3.  The State Public Charter School Authority shall adopt a standard charter contract that meets the requirements for charter contracts pursuant to NRS 388A.270 to be used for each charter school for distance education.

      4.  In addition to any other provisions required by law, a charter contract to operate a charter school for distance education entered into on or after July 31, 2019, must include a description of:

      (a) The support available to each pupil, in his or her home or community, including, without limitation, the availability and frequency of interactions between the pupil and teachers;

      (b) The methods the charter school for distance education will use to administer any test, exam or assessment required by state or federal law;

      (c) The methods the charter school for distance education will use to assess the academic success of pupils; and

      (d) The criteria pupils must meet to be eligible for enrollment at the charter school for distance education and the process for accepting pupils.

      Sec. 12. For the purposes of collecting the information required pursuant to NRS 385A.240 on the attendance, truancy and transiency of pupils, a charter school for distance education may consider the following information:

 


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ê2019 Statutes of Nevada, Page 1623 (CHAPTER 287, SB 441)ê

 

      1.  The amount of time each pupil spends on a computer, television, Internet website or other means of communication used to administer the program of distance education.

      2.  The progress of each pupil in completing tasks during a specific period of time.

      3.  The number of lessons and units completed by each pupil.

      Sec. 13. 1.  Except as otherwise provided in subsection 2, the State Public Charter School Authority is hereby deemed a local educational agency for all charter schools for distance education which are sponsored by the State Public Charter School Authority.

      2.  The Department may adopt regulations to deem a charter school for distance education sponsored by the State Public Charter School Authority a local educational authority. Such a determination must be made on or before March 1 of each even-numbered year and does not become effective until July 1 of the next even-numbered year.

      Sec. 14. The Department shall adopt any regulations necessary to carry out the provisions of sections 5 to 14, inclusive, of this act, including, without limitation, regulations for:

      1.  The delegation of oversight responsibilities to any subcommittee of the State Public Charter School Authority.

      2.  Establishing different requirements for the operation or regulation of or any other matter that requires the different treatment of charter schools for distance education sponsored by the State Public Charter School Authority and traditional charter schools sponsored by the State Public Charter School Authority.

      3.  Determining when a pupil enrolled at a charter school for distance education may be suspended or expelled from such charter school pursuant to NRS 388A.495 for failing to actively participate in the charter school for distance education.

      Sec. 15.  1.  A charter school sponsored by the State Public Charter School Authority that operates a full-time program of distance education that has an existing written charter or charter contract, as applicable, with the State Public Charter School Authority before July 31, 2019, shall be deemed to be a charter school for distance education that has entered into a charter contract with the State Public Charter School Authority on or after July 31, 2019.

      2.  The current written charter or charter contract, as applicable, of a charter school deemed to be a charter school for distance education pursuant to this section shall remain in effect until the expiration of the written charter or charter contract, as applicable, unless the written charter is revoked or the charter contract is terminated pursuant to NRS 388A.300.

      Sec. 16.  This act becomes effective upon passage and approval.

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ê2019 Statutes of Nevada, Page 1624ê

 

CHAPTER 288, SB 450

Senate Bill No. 450–Committee on Legislative Operations and Elections

 

CHAPTER 288

 

[Approved: June 1, 2019]

 

AN ACT relating to elections; revising the provisions relating to recall elections and the circulation and submission of a petition to recall a public officer; revising the provisions relating to the verification of signatures on a petition for recall of a public officer; establishing a limit on contributions to the campaign of a candidate in a recall election; requiring the disposal of unspent contributions to a candidate at a recall election; revising provisions relating to a request to remove a signature from a petition to recall a public officer; amending the deadline for filing a legal challenge to the sufficiency of a petition to recall a public officer; imposing civil and criminal penalties for violations of provisions governing recall elections; making various other changes relating to petitions for the recall of a public officer; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Constitution provides for the right of the registered voters of the State of Nevada to recall a public officer and sets forth a procedure for exercising that right, including a requirement to file a petition to demand the recall and a formula for determining the number of signatures of registered voters that is required to appear on the petition to force the recall election. The Constitution also provides that “[s]uch additional legislation as may aid the operation of this section shall be provided by law.” (Nev. Const. Art. 2, § 9) The Legislature has enacted provisions to aid the operation of the registered voters’ right to recall a public officer. (Chapter 306 of NRS) This bill makes various changes to such provisions.

      Under existing law, if the Secretary of State finds that the total number of signatures submitted to all county clerks on a petition to recall a public officer is 100 percent or more of the number of registered voters needed to declare the petition sufficient, with limited exception, each of the county clerks is required to examine the signatures by sampling them at random for verification. The random sampling must include an examination of at least 500 or 5 percent of the signatures, whichever is greater. Upon completion of the random sampling, each county clerk is required to file a certificate with the Secretary of State that includes the tally of signatures. (NRS 293.1277) If the Secretary of State determines based on the certificates from all of the relevant county clerks that the petition to recall a public officer contains a number of valid signatures equal to 90 percent or more but less than 100 percent of the number of registered voters needed to make the petition sufficient, the Secretary of State is required to order the county clerks to verify all signatures. (NRS 293.1278, 293.1279)

      Sections 2-5 of this bill revise the verification process for a petition to recall a public officer depending on whether the public officer who is the subject of the petition holds a statewide office. Section 1 of this bill defines the term “statewide office” to mean an elected state office voted upon in the general election by the registered voters of the entire State.

      With regard to a petition for the recall of a public officer who does not hold such a statewide office, sections 2-5 of this bill: (1) eliminate the random sampling of a petition for the recall of such a public officer; (2) require, instead, that each county clerk examine every signature for verification on a petition for the recall of such a public officer; and (3) give the county clerks 20 days, excluding weekends and holidays, to conduct such verification.

 


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ê2019 Statutes of Nevada, Page 1625 (CHAPTER 288, SB 450)ê

 

      With regard to a petition for the recall of a public officer who holds such a statewide office, sections 2-5 of this bill: (1) increase to at least 25 percent the random sampling requirement for a petition for the recall of such a public officer; and (2) give the county clerks 20 days, excluding weekends and holidays, to conduct such verification.

      Section 17 of this bill requires the persons filing the notice of intent to circulate a petition for the recall of a public officer to pay the costs for the Secretary of State and county clerks to verify signatures on the petition, unless those persons submit a written declaration, signed by each of them under penalty of perjury, that: (1) paying the costs will cause an undue burden on the monetary resources reasonably available to them; and (2) no persons were paid to circulate the petition for signatures, either by the persons filing the notice of intent or, to the best of their knowledge and belief, by any other person. If the persons filing the notice of intent submit such a written declaration, they are not liable for paying the costs of signature verification, unless it is proven in a civil action brought by the Secretary of State and county clerks that the written declaration contains any false statement of material fact.

      Existing law sets forth limitations on making, soliciting and accepting a campaign contribution for a primary or general election. (Nev. Const. Art. 2, §10; NRS 294A.100) Section 6 of this bill: (1) establishes a contribution limitation of $5,000 for a special election to recall a public officer; and (2) sets forth the period during which such contributions may be made, solicited or accepted. Section 7 of this bill provides that a contribution for a special election to recall a public officer does not affect the limitations on contributions to candidates for a primary or general election. Sections 14.5 and 23.5 of this bill provide that the period during which a Legislator, the Lieutenant Governor, Lieutenant Governor-Elect, Governor and Governor-Elect are prohibited from accepting contributions for a political purpose before and after a session of the Legislature does not prohibit a candidate in a special election to recall a public officer from soliciting or accepting contributions for the special election.

      Existing law sets forth requirements for reporting certain contributions, campaign expenses and expenditures relating to a special election to recall a public officer. If the legal sufficiency of a petition for the recall of a public officer is challenged and a district court determines that the petition is legally insufficient, certain persons, political parties, committees sponsored by political parties, committees for political action and committees for the recall of a public officer are required to report such contributions, campaign expenses and expenditures not later than 30 days after the district court orders the filing officer to cease proceedings regarding the petition. However, existing law does not set forth specific reporting requirements for situations when the district court’s decision is appealed or when the district court determines that the petition is legally sufficient and that decision is appealed. (NRS 294A.120, 294A.140, 294A.200, 294A.210, 294A.270, 294A.280) Sections 8, 9 and 11-14 of this bill: (1) specify reporting requirements for those situations when the district court’s decision is appealed; and (2) require reports to be filed not later than 30 days after the date on which all appeals regarding the petition for the recall of a public officer are exhausted.

      Sections 13 and 14 of this bill add requirements for a committee for the recall of a public officer to file additional campaign finance reports of contributions and expenditures during the time that a petition for the recall of a public officer is circulated for signatures.

      Existing law requires a candidate who is elected to office to dispose of unspent contributions in various ways, including using the money in the candidate’s next election. A candidate who is not elected to office must dispose of unspent contributions and is not allowed to use the money in a future election. (NRS 294A.160) Section 10 of this bill requires every candidate for office at a special election to recall a public officer to dispose of unspent contributions and prohibits any such candidate from using the money in a future election. Section 11 of this bill requires such a candidate to submit a report to the Secretary of State setting forth how he or she disposed of unspent contributions.

 


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ê2019 Statutes of Nevada, Page 1626 (CHAPTER 288, SB 450)ê

 

      Existing law authorizes a person who signs a petition for the recall of a public officer to submit: (1) a request to the county clerk to remove the person’s name from the petition before the petition is submitted for verification; and (2) a request to the Secretary of State to remove the person’s name from the petition after the completion of signature verification. (NRS 306.015, 306.040) Section 20 of this bill authorizes a person to submit a request to the county clerk to remove the person’s name from the petition at any time before the signature verification is completed. Section 23 of this bill authorizes a person to submit to the filing officer a request to remove the person’s name from the petition after the signature verification is completed.

      Existing law requires the persons filing the notice of intent to submit the petition that was circulated for signatures within 90 days after the date on which the notice of intent was filed. (NRS 306.015) Section 20 requires the persons to submit the signatures collected during the first 45 days of circulating the petition on or before the 48th day after the date on which the notice of intent was filed. Section 20 also requires the remaining signatures collected to be submitted to the filing officer on or before the 90th day after the notice of intent was filed.

      Existing law authorizes a person to file a complaint challenging the legal sufficiency of a petition to recall a public officer not more than 5 days after the Secretary of State notifies the county clerk, filing officer and public officer who is the subject of the petition that the petition contains a sufficient number of signatures. (NRS 306.040) Section 23 amends the deadline for filing such a complaint to not later than 15 days, Saturdays, Sundays and holidays excluded, after such notification.

      Existing law provides that a person is guilty of a misdemeanor for misrepresenting the intent or content of a petition for the recall of a public officer. (NRS 306.025) Section 21 of this bill revises this existing criminal offense to provide that a person shall not knowingly or under circumstances amounting to criminal negligence engage in certain criminal offenses relating to: (1) misrepresenting the intent or content of a petition for the recall of a public officer; or (2) obtaining a false, forged or unauthorized signature on such a petition. Section 21 also increases the penalty for these criminal offenses to a category E felony, punishable by a minimum term of not less than 1 year and a maximum term of not more than 4 years in prison. With regard to the standard of criminal negligence used in section 21, the Nevada Supreme Court has stated that “[s]imilar to our definition of gross negligence, criminal negligence has been described as ‘a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.’ ” (Cornella v. Churchill Cnty., Justice Ct. of New River Twp., 132 Nev. 587, 594 (2016) (quoting Model Penal Code § 2.02(2)(d) (Am. Law Inst., Official Draft & Revised Comments 1980)))

      In addition to the criminal penalties established by this bill, section 19 of this bill sets forth certain civil penalties for violations of the provisions of law relating to a petition for the recall of a public officer.

      Section 24 of this bill declares void certain regulations that would conflict with the amendatory provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Statewide office” means an elected state office whose candidates are voted upon in the general election by the registered voters of the entire State.

 


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ê2019 Statutes of Nevada, Page 1627 (CHAPTER 288, SB 450)ê

 

      Sec. 1.3. NRS 293.010 is hereby amended to read as follows:

      293.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 1.7. NRS 293.127565 is hereby amended to read as follows:

      293.127565  1.  At each building that is open to the general public and occupied by the government of this State or a political subdivision of this State or an agency thereof, other than a building of a public elementary or secondary school, an area must be designated for the use of any person to gather signatures on a petition at any time that the building is open to the public. The area must be reasonable and may be inside or outside of the building. Each public officer or employee in control of the operation of a building governed by this subsection shall:

      (a) Designate the area at the building for the gathering of signatures; and

      (b) On an annual basis, submit to the Secretary of State and the county clerk for the county in which the building is located a notice of the area at the building designated for the gathering of signatures on a petition. The Secretary of State and the county clerks shall make available to the public a list of the areas at public buildings designated for the gathering of signatures on a petition.

      2.  Before a person may use an area designated pursuant to subsection 1, the person must notify the public officer or employee in control of the operation of the building governed by subsection 1 of the dates and times that the person intends to use the area to gather signatures on a petition. The public officer or employee may not deny the person the use of the area.

      3.  Not later than 3 working days after the date of the decision that aggrieved the person, a person aggrieved by a decision made by a public officer or employee pursuant to subsection 1 or 2 may appeal the decision to the Secretary of State. The Secretary of State shall review the decision to determine whether the public officer or employee violated subsection 1 or 2. If the Secretary of State determines a public officer or employee violated subsection 1 or 2 and that a person was denied the use of a public building for the purpose of gathering signatures on a petition, the Secretary of State shall order that the deadline for filing the petition provided pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, [306.035] 306.015 or 306.110 must be extended for a period equal to the time that the person was denied the use of a public building for the purpose of gathering signatures on a petition, but in no event may the deadline be extended for a period of more than 5 days.

      4.  The decision of the Secretary of State is a final decision for the purposes of judicial review. Not later than 7 days after the date of the decision by the Secretary of State, the decision of the Secretary of State may only be appealed in the First Judicial District Court. If the First Judicial District Court determines that the public officer or employee violated subsection 1 or 2 and that a person was denied the use of a public building for the purpose of gathering signatures on a petition, the Court shall order that the deadline for filing the petition provided pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, [306.035] 306.015 or 306.110 must be extended for a period equal to the time that the person was denied the use of a public building for the purpose of gathering signatures on a petition, but in no event may the deadline be extended for a period of more than 5 days.

 


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ê2019 Statutes of Nevada, Page 1628 (CHAPTER 288, SB 450)ê

 

      5.  The Secretary of State may adopt regulations to carry out the provisions of subsection 3.

      Sec. 2. NRS 293.1277 is hereby amended to read as follows:

      293.1277  1.  If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the county clerks. After the notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county. This determination must be completed within 9 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056, 298.109 [, 306.035] or 306.110, within 20 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 306.035, and within 3 days, excluding Saturdays, Sundays and holidays, after the notification pursuant to this subsection regarding a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200. For the purpose of verification pursuant to this section, the county clerk shall not include in his or her tally of total signatures any signature included in the incorrect petition district.

      2.  Except as otherwise provided in [subsection] subsections 3 [,] and 4, if more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of :

      (a) Except as otherwise provided in paragraph (b), at least 500 or 5 percent of the signatures, whichever is greater.

      (b) If the petition is for the recall of a public officer who holds a statewide office, at least 25 percent of the signatures.

Ê If documents were submitted to the county clerk for more than one petition district wholly contained within that county, a separate random sample must be performed for each petition district.

      3.  If a petition district comprises more than one county and the petition is for an initiative or referendum proposing a constitutional amendment or a statewide measure, and if more than 500 names have been signed on the documents submitted for that petition district, the appropriate county clerks shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerks within the petition district is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures presented in the petition district, whichever is greater. The Secretary of State shall determine the number of signatures that must be verified by each county clerk within the petition district.

 


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ê2019 Statutes of Nevada, Page 1629 (CHAPTER 288, SB 450)ê

 

      4.  If a petition is for the recall of a public officer who does not hold a statewide office, each county clerk:

      (a) Shall not examine the signatures by sampling them at random for verification;

      (b) Shall examine for verification every signature on the documents submitted to the county clerk; and

      (c) When determining the total number of valid signatures on the documents, shall remove each name of a registered voter who submitted a request to have his or her name removed from the petition pursuant to NRS 306.015.

      5.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records. Except as otherwise provided in subsection [5,] 6, the county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his or her determination.

      [5.]6.  If:

      (a) Pursuant to NRS 293.506, a county clerk establishes a system to allow persons to register to vote by computer;

      (b) A person registers to vote pursuant to NRS 293D.230 and signs his or her application to register to vote using a digital signature or an electronic signature; or

      (c) A person registers to vote pursuant to section 4 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative,

Ê the county clerk may rely on such other indicia as prescribed by the Secretary of State in making his or her determination.

      [6.]7.  In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

      [7.]8.  Except as otherwise provided in subsection [9,] 10, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State. In the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, if a petition district comprises more than one county, the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or pursuant to NRS 306.015 [,] for a petition to recall a public officer who holds a statewide office, if applicable.

      [8.]9.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures.

 


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298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

      [9.]10.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

      [10.]11.  The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.

      Sec. 3. NRS 293.1278 is hereby amended to read as follows:

      293.1278  1.  If the certificates received by the Secretary of State from all the county clerks establish that the number of valid signatures is less than 90 percent of the required number of registered voters, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the petitioners and the county clerks.

      2.  If those certificates establish that the number of valid signatures is equal to or more than the sum of 100 percent of the number of registered voters needed to make the petition sufficient plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or pursuant to NRS 306.015 for a petition to recall a public officer who holds a statewide office, if applicable, and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, that the petition has the minimum number of signatures required for each petition district, the petition shall be deemed to qualify as of the date of receipt by the Secretary of State of those certificates, and the Secretary of State shall immediately so notify the petitioners and the county clerks.

      3.  If the certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient but the petition fails to qualify pursuant to subsection 2, each county clerk who received a request to remove a name pursuant to NRS 295.055 or pursuant to NRS 306.015 for a petition to recall a public officer who holds a statewide office, if applicable, shall remove each name as requested, amend the certificate and transmit the amended certificate to the Secretary of State. If the amended certificates establish that the petitioners have 100 percent or more of the number of registered voters needed to make the petition sufficient and, in the case of a petition for initiative or referendum proposing a constitutional amendment or statewide measure, that the petition has the minimum number of signatures required for each petition district, the petition shall be deemed to qualify as of the date of receipt by the Secretary of State of the amended certificates, and the Secretary of State shall immediately so notify the petitioners and the county clerks.

      Sec. 4. NRS 293.1279 is hereby amended to read as follows:

      293.1279  1.  If the statistical sampling shows that the number of valid signatures filed is 90 percent or more, but less than the sum of 100 percent of the number of signatures of registered voters needed to declare the petition sufficient plus the total number of requests to remove a name received by the county clerks pursuant to NRS 295.055 or pursuant to NRS 306.015 [,] for a petition to recall a public officer who holds a statewide office, if applicable, the Secretary of State shall order the county clerks to examine the signatures for verification. The county clerks shall examine the signatures for verification until they determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid.

 


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of registered voters needed to declare the petition sufficient are valid. If the county clerks received a request to remove a name pursuant to NRS 295.055 [,] or pursuant to NRS 306.015 [,] for a petition to recall a public officer who holds a statewide office, if applicable, the county clerks may not determine that 100 percent of the number of signatures of registered voters needed to declare the petition sufficient are valid until they have removed each name as requested pursuant to NRS 295.055 or 306.015.

      2.  Except as otherwise provided in this subsection, if the statistical sampling shows that the number of valid signatures filed in any county is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county plus the total number of requests to remove a name received by the county clerk in that county pursuant to NRS 295.055 or pursuant to NRS 306.015 [,] for a petition to recall a public officer who holds a statewide office, if applicable, the Secretary of State may order the county clerk in that county to examine every signature for verification. If the county clerk received a request to remove a name pursuant to NRS 295.055 or pursuant to NRS 306.015 [,] for a petition to recall a public officer who holds a statewide office, if applicable, the county clerk may not determine that 100 percent or more of the number of signatures of registered voters needed to constitute 10 percent of the number of voters who voted at the last preceding general election in that county are valid until the county clerk has removed each name as requested pursuant to NRS 295.055 or 306.015. In the case of a petition for initiative or referendum that proposes a constitutional amendment or statewide measure, if the statistical sampling shows that the number of valid signatures in any petition district is 90 percent or more but less than the sum of 100 percent of the number of signatures of registered voters required for that petition district pursuant to NRS 295.012 plus the total number of requests to remove a name received by the county clerk or county clerks, if the petition district comprises more than one county, pursuant to NRS 295.055, the Secretary of State may order a county clerk to examine every signature for verification.

      3.  After the receipt of such an order, the county clerk or county clerks shall determine from the records of registration what number of registered voters have signed the petition and, if appropriate, tally those signatures by petition district. This determination must be completed within 12 days, excluding Saturdays, Sundays and holidays, after the receipt of an order regarding a petition containing signatures which are required to be verified pursuant to NRS 293.128, 295.056, 298.109 [, 306.035] or 306.110, or pursuant to NRS 306.035 for a petition to recall a public officer who holds a statewide office, and within 5 days, excluding Saturdays, Sundays and holidays, after the receipt of an order regarding a petition containing signatures which are required to be verified pursuant to NRS 293.172 or 293.200. If necessary, the board of county commissioners shall allow the county clerk additional assistants for examining the signatures and provide for their compensation. In determining from the records of registration what number of registered voters have signed the petition and in determining in which petition district the voters reside, the county clerk must use the statewide voter registration list. The county clerk may rely on the appearance of the signature and the address and date included with each signature in determining the number of registered voters that signed the petition.

 


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      4.  Except as otherwise provided in subsection 5, upon completing the examination, the county clerk or county clerks shall immediately attach to the documents of the petition an amended certificate, properly dated, showing the result of the examination and shall immediately forward the documents with the amended certificate to the Secretary of State. A copy of the amended certificate must be filed in the county clerk’s office. In the case of a petition for initiative or referendum to propose a constitutional amendment or statewide measure, if a petition district comprises more than one county, the county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the amended certificate.

      5.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not forward to the Secretary of State the documents containing the signatures of the registered voters.

      6.  Except for a petition to recall a county, district or municipal officer, the petition shall be deemed filed with the Secretary of State as of the date on which the Secretary of State receives certificates from the county clerks showing the petition to be signed by the requisite number of voters of the State.

      7.  If the amended certificates received from all county clerks by the Secretary of State establish that the petition is still insufficient, the Secretary of State shall immediately so notify the petitioners and the county clerks. If the petition is a petition to recall a county, district or municipal officer, the Secretary of State shall also notify the filing officer with whom the petition is to be filed.

      8.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

      Sec. 5. NRS 293.12795 is hereby amended to read as follows:

      293.12795  1.  If an appeal is based upon the results of the verification of signatures on a petition performed pursuant to NRS 293.1277 or 293.1279, the Secretary of State shall:

      (a) If the Secretary of State finds for the appellant, order the county clerk to recertify the petition, including as verified signatures all contested signatures which the Secretary of State determines are valid. If the county clerk has not yet removed each name as requested pursuant to NRS 295.055 or pursuant to NRS 306.015 [,] for a petition to recall a public officer who holds a statewide office, the county clerk shall do so before recertifying the petition.

      (b) If the Secretary of State does not find for the appellant, notify the appellant and the county clerk that the petition remains insufficient.

      2.  If the Secretary of State is unable to make a decision on the appeal based upon the documents submitted, the Secretary of State may order the county clerk to reverify the signatures.

      3.  The decision of the Secretary of State is a final decision for the purposes of judicial review. The decision of the Secretary of State may only be appealed in the First Judicial District Court.

      Sec. 6. Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not make or commit to make a contribution or contributions to a candidate in a special election to recall a public officer, in an amount which exceeds $5,000, regardless of the number of candidates for the office.

 


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      2.  No contribution to a candidate in a recall election may be given or received except during the period:

      (a) Beginning on the date that a notice of intent to recall a public officer is filed pursuant to NRS 306.015; and

      (b) Ending on the latest of the following dates:

             (1) If a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, on the date that the notice of intent expires or the petition is determined to be legally insufficient, as applicable.

             (2) If the legal sufficiency of a petition for recall is challenged and a district court determines that the petition is legally:

                   (I) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, on the date on which all appeals regarding the petition are exhausted.

                   (II) Insufficient pursuant to chapter 306 of NRS, on the date on which the period to appeal the order of the district court expires or, if the order of the district court is appealed, on the date on which all appeals regarding the petition are exhausted.

             (3) If a recall election is held, on the date of the special election to recall a public officer.

      3.  No contribution made, committed to be made or accepted pursuant to this section for a special election to recall a public officer affects the limitations on the amount of contributions that may be committed, contributed or accepted pursuant to NRS 294A.100 for a primary election or general election.

      4.  A candidate shall not accept a contribution or commitment to make a contribution made in violation of this section.

      5.  A person who willfully violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 7. NRS 294A.100 is hereby amended to read as follows:

      294A.100  1.  A person shall not make or commit to make a contribution or contributions to a candidate for any office, except a federal office, in an amount which exceeds $5,000 for the primary election, regardless of the number of candidates for the office, and $5,000 for the general election, regardless of the number of candidates for the office, during the period:

      (a) Beginning January 1 of the year immediately following the last general election for the office and ending December 31 immediately following the next general election for the office, if that office is a state, district, county or township office; or

      (b) Beginning from 30 days after the last election for the office and ending 30 days after the next general city election for the office, if that office is a city office.

      2.  A candidate shall not accept a contribution or commitment to make a contribution made in violation of subsection 1.

      3.  No contribution made, committed to be made or accepted pursuant to this section to a candidate for a primary election or general election affects the limitations on the amount of contributions that may be committed, contributed or accepted pursuant to section 6 of this act for a special election to recall a public officer.

 


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committed, contributed or accepted pursuant to section 6 of this act for a special election to recall a public officer.

      4.  A person who willfully violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 8. NRS 294A.120 is hereby amended to read as follows:

      294A.120  1.  Every candidate for office at a primary election or general election shall, not later than January 15 of the election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report:

      (a) Each contribution in excess of $100 received during the period;

      (b) Contributions received during the period from a contributor which cumulatively exceed $100;

      (c) The total of all contributions received during the period which are $100 or less and which are not otherwise required to be reported pursuant to paragraph (b); and

      (d) The balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      2.  In addition to the requirements set forth in subsection 1, every candidate for office at a primary election or general election shall, not later than:

      (a) April 15 of the election year, for the period beginning January 1 and ending on March 31 of the election year;

      (b) July 15 of the election year, for the period beginning April 1 and ending on June 30 of the election year;

      (c) October 15 of the election year, for the period beginning July 1 and ending on September 30 of the election year; and

      (d) January 15 of the year immediately following the election year, for the period beginning October 1 and ending on December 31 of the election year,

Ê report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      3.  Except as otherwise provided in subsections 4, 5 and 6 and NRS 294A.223, every candidate for office at a special election shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      4.  Except as otherwise provided in subsections 5 and 6 and NRS 294A.223, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than:

 


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      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through the 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      5.  Except as otherwise provided in subsection 6, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period. The provisions of this subsection apply to the candidate for office at a special election if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      6.  If the legal sufficiency of a petition for recall is challenged and a district court determines that [a] the petition [for recall] is legally [insufficient] :

      (a) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, every candidate for office at a special election to determine whether a public officer will be recalled shall:

             (1) Not later than 30 days after the date on which the notice of appeal is filed, for the period from the filing of the notice of intent to circulate the petition for recall through the date on which the notice of appeal is filed, report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date on which the notice of appeal is filed through the date on which all appeals regarding the petition are exhausted, report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

 


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appeals regarding the petition are exhausted, report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      (b) Insufficient pursuant to [subsection 6 of NRS 306.040,] chapter 306 of NRS, every candidate for office at a special election to determine whether a public officer will be recalled shall [, not] :

             (1) Not later than 30 days after the date on which the district court orders the filing officer [with whom the petition is filed] to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date of the district court’s order through the date on which all appeals regarding the petition are exhausted, report each contribution described in paragraphs (a), (b) and (c) of subsection 1 received during the period and the balance in the account maintained by the candidate pursuant to NRS 294A.130 on the ending date of the period.

      7.  In addition to complying with the applicable requirements of subsections 1 to 6, inclusive, if a candidate is elected to office at a primary election, general election or special election, he or she must, not later than January 15 of each year, report the information described in paragraphs (a) to (d), inclusive, of subsection 1 for the period beginning January 1 of the previous year and ending on December 31 of the previous year. The provisions of this subsection apply to the candidate until the year immediately preceding the next election year for that office. Nothing in this subsection:

      (a) Requires the candidate to report information described in paragraphs (a) to (d), inclusive, of subsection 1 that has previously been reported in a timely manner pursuant to subsections 1 to 6, inclusive; or

      (b) Authorizes the candidate to not comply with the applicable requirements of subsections 1 to 6, inclusive, if he or she becomes a candidate for another office at a primary election, general election or special election during his or her term of office.

      8.  Except as otherwise provided in NRS 294A.3733, reports of contributions must be filed electronically with the Secretary of State.

      9.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      10.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

      Sec. 9. NRS 294A.140 is hereby amended to read as follows:

      294A.140  1.  The provisions of this section apply to:

      (a) Every person who makes an independent expenditure in excess of $1,000; and

 


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      (b) Every committee for political action, political party and committee sponsored by a political party which receives contributions in excess of $1,000 or makes an expenditure for or against a candidate for office or a group of such candidates.

      2.  Every person, committee and political party described in subsection 1 shall, not later than January 15 of the election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      3.  In addition to the requirements set forth in subsection 2, every person, committee and political party described in subsection 1 shall, not later than:

      (a) April 15 of the election year, for the period beginning January 1 and ending on March 31 of the election year;

      (b) July 15 of the election year, for the period beginning April 1 and ending on June 30 of the election year;

      (c) October 15 of the election year, for the period beginning July 1 and ending on September 30 of the election year; and

      (d) January 15 of the year immediately following the election year, for the period beginning October 1 and ending on December 31 of the election year,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      4.  Except as otherwise provided in subsections 5, 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election or for or against a group of such candidates shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the nomination of the candidate through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      5.  Except as otherwise provided in subsections 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of candidates for offices at such special elections shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate a petition to recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

 


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intent to circulate a petition to recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000.

      6.  Except as otherwise provided in subsection 7, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each contribution in excess of $1,000 received and contributions received which cumulatively exceed $1,000. The provisions of this subsection apply to the person, committee and political party if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      7.  If the legal sufficiency of a petition for recall is challenged and a district court determines that [a] the petition [for recall] is legally [insufficient] :

      (a) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of candidates for offices at such a special election shall:

             (1) Not later than 30 days after the date on which the notice of appeal is filed, for the period from the filing of the notice of intent to circulate the petition for recall through the date on which the notice of appeal is filed, report each contribution in excess of $1,000 received during the period and contributions received during the period which cumulatively exceed $1,000.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date on which the notice of appeal is filed through the date on which all appeals regarding the petition are exhausted, report each contribution in excess of $1,000 received during the period and contributions received during the period which cumulatively exceed $1,000.

 


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excess of $1,000 received during the period and contributions received during the period which cumulatively exceed $1,000.

      (b) Insufficient pursuant to [subsection 6 of NRS 306.040,] chapter 306 of NRS, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of candidates for offices at such a special election shall [, not] :

             (1) Not later than 30 days after the date on which the district court orders the filing officer [with whom the petition is filed] to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each contribution in excess of $1,000 received during the period and contributions received during the period which cumulatively exceed $1,000.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date of the district court’s order through the date on which all appeals regarding the petition are exhausted, report each contribution in excess of $1,000 received during the period and contributions received during the period which cumulatively exceed $1,000.

      8.  In addition to complying with the applicable requirements of subsections 2 to 7, inclusive, a person, committee or political party described in subsection 1 must, not later than January 15 of each year that is not an election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report each contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. Nothing in this subsection:

      (a) Requires the person, committee or political party to report information that has previously been reported in a timely manner pursuant to subsections 2 to 7, inclusive; or

      (b) Authorizes the person, committee or political party to not comply with any applicable requirement set forth in subsections 2 to 7, inclusive.

      9.  Except as otherwise provided in NRS 294A.3737, the reports of contributions required pursuant to this section must be filed electronically with the Secretary of State.

      10.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      11.  Every person, committee and political party described in this section shall file a report required by this section even if the person, committee or political party receives no contributions.

      12.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of $1,000 since the beginning of the current reporting period.

      Sec. 10. NRS 294A.160 is hereby amended to read as follows:

      294A.160  1.  It is unlawful for a candidate to spend money received as a contribution for the candidate’s personal use.

      2.  Notwithstanding the provisions of NRS 294A.286, a candidate or public officer may use contributions to pay for any legal expenses that the candidate or public officer incurs in relation to a campaign or serving in public office without establishing a legal defense fund.

 


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candidate or public officer incurs in relation to a campaign or serving in public office without establishing a legal defense fund. Any such candidate or public officer shall report any expenditure of contributions to pay for legal expenses in the same manner and at the same time as the report filed pursuant to NRS 294A.120 or 294A.200. A candidate or public officer shall not use contributions to satisfy a civil or criminal penalty imposed by law.

      3.  [Every] Except as otherwise provided in subsection 5, every candidate for office at a primary election, general election or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall dispose of the money through one or any combination of the following methods:

      (a) Return the unspent money to contributors;

      (b) Use the money in the candidate’s next election or for the payment of other expenses related to public office or his or her campaign, regardless of whether he or she is a candidate for a different office in the candidate’s next election;

      (c) Contribute the money to:

             (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

             (2) A political party; or

             (3) Any combination of persons or groups set forth in subparagraphs (1) and (2);

      (d) Donate the money to any tax-exempt nonprofit entity; or

      (e) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.

      4.  [Every] Except as otherwise provided in subsection 5, every candidate for office at a primary election, general election or special election who withdraws pursuant to NRS 293.202 or 293C.195 after filing a declaration of candidacy or an acceptance of candidacy, is removed from the ballot by court order or is defeated for or otherwise not elected to that office and who received contributions that were not spent or committed for expenditure before the primary election, general election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:

      (a) Return the unspent money to contributors;

      (b) Contribute the money to:

             (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

             (2) A political party; or

             (3) Any combination of persons or groups set forth in subparagraphs (1) and (2);

      (c) Donate the money to any tax-exempt nonprofit entity; or

      (d) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.

      5.  Every candidate for office at a special election to recall a public officer shall dispose of the unspent contributions through one or any combination of the methods set forth in subsection 4 not later than the 15th day of the second month following the last day for the candidate to receive a contribution pursuant to section 6 of this act.

 


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day of the second month following the last day for the candidate to receive a contribution pursuant to section 6 of this act.

      6.  Every candidate for office who withdraws after filing a declaration of candidacy or an acceptance of candidacy, is defeated for that office at a primary election or is removed from the ballot by court order before a primary election or general election and who received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the primary election or general election, as applicable, return any money in excess of $5,000 to the contributor.

      [6.]7.  Except for a former public officer who is subject to the provisions of subsection [10,] 11, every person who qualifies as a candidate by receiving one or more qualifying contributions in excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:

      (a) File a declaration of candidacy or an acceptance of candidacy; or

      (b) Appear on an official ballot at any election,

Ê shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.

      [7.]8.  Except as otherwise provided in subsection [8,] 9, every public officer who:

      (a) Does not run for reelection to the office which he or she holds;

      (b) Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and

      (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê shall, not later than the 15th day of the second month after the expiration of the public officer’s term of office, dispose of those contributions in the manner provided in subsection 4.

      [8.]9.  Every public officer who:

      (a) Resigns from his or her office;

      (b) Is not a candidate for any other office and does not qualify as a candidate by receiving one or more qualifying contributions in excess of $100; and

      (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê shall, not later than the 15th day of the second month after the effective date of the resignation, dispose of those contributions in the manner provided in subsection 4.

      [9.]10.  Except as otherwise provided in subsection [10,] 11, every public officer who:

      (a) Does not run for reelection to the office which he or she holds or who resigns from his or her office;

      (b) Is a candidate for any other office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100; and

      (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê may use the unspent contributions in a future election. Such a public officer is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200 and 294A.362 for as long as the public officer is a candidate for any office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100.

 


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officer is a candidate for any office or qualifies as a candidate by receiving one or more qualifying contributions in excess of $100.

      [10.]11.  Every former public officer described in subsection [9] 10 who qualifies as a candidate by receiving one or more qualifying contributions in excess of $100 but who, within 4 years after the date of receiving the first of those qualifying contributions, does not:

      (a) File a declaration of candidacy or an acceptance of candidacy; or

      (b) Appear on an official ballot at any election,

Ê shall, not later than the 15th day of the month after the end of the 4-year period, dispose of all contributions that have not been spent or committed for expenditure through one or any combination of the methods set forth in subsection 4.

      [11.]12.  In addition to the methods for disposing of the unspent money set forth in this section, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.

      [12.]13.  Any contributions received before a candidate for office at a primary election, general election or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection 4.

      [13.]14.  The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.

      [14.]15.  As used in this section:

      (a) “Contribution” includes, without limitation, any interest and other income earned on a contribution.

      (b) “Qualifying contribution” means the receipt of a contribution that causes a person to qualify as a candidate pursuant to subsection 4 of NRS 294A.005.

      Sec. 11. NRS 294A.200 is hereby amended to read as follows:

      294A.200  1.  Every candidate for office at a primary election or general election shall, not later than January 15 of the election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report:

      (a) Each of the campaign expenses in excess of $100 incurred during the period;

      (b) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 during the period;

      (c) The total of all campaign expenses incurred during the period which are $100 or less; and

      (d) The total of all amounts disposed of during the period pursuant to NRS 294A.160 or subsection 3 of NRS 294A.286 which are $100 or less.

      2.  In addition to the requirements set forth in subsection 1, every candidate for office at a primary election or general election shall, not later than:

      (a) April 15 of the election year, for the period beginning January 1 and ending on March 31 of the election year;

      (b) July 15 of the election year, for the period beginning April 1 and ending on June 30 of the election year;

      (c) October 15 of the election year, for the period beginning July 1 and ending on September 30 of the election year; and

 


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      (d) January 15 of the year immediately following the election year, for the period beginning October 1 and ending on December 31 of the election year,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      3.  Except as otherwise provided in subsections 4, 5 and 6 and NRS 294A.223, every candidate for office at a special election shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      4.  Except as otherwise provided in subsections 5 and 6 and NRS 294A.223, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      5.  Except as otherwise provided in subsection 6, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period. The provisions of this subsection apply to the candidate for office at a special election if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

 


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      6.  If the legal sufficiency of a petition for recall is challenged and a district court determines that [a] the petition [for recall] is legally [insufficient] :

      (a) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, every candidate for office at a special election to determine whether a public officer will be recalled shall:

             (1) Not later than 30 days after the date on which the notice of appeal is filed, for the period from the filing of the notice of intent to circulate the petition for recall through the date on which the notice of appeal is filed, report each of the campaign expenses described in subsection 1 incurred during the period.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date on which the notice of appeal is filed through the date on which all appeals regarding the petition are exhausted, report each of the campaign expenses described in subsection 1 incurred during the period.

      (b) Insufficient pursuant to [subsection 6 of NRS 306.040,] chapter 306 of NRS, every candidate for office at a special election to determine whether a public officer will be recalled shall [, not] :

             (1) Not later than 30 days after the date on which the district court orders the filing officer [with whom the petition is filed] to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each of the campaign expenses described in subsection 1 incurred during the period.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date of the district court’s order through the date on which all appeals regarding the petition are exhausted, report each of the campaign expenses described in subsection 1 incurred during the period.

      7.  In addition to complying with the applicable reporting requirements of subsections 1 to 6, inclusive, if a candidate is elected to office at a primary election, general election or special election, he or she must, not later than January 15 of each year, report each of the campaign expenses described in subsection 1 incurred during the period beginning January 1 of the previous year and ending on December 31 of the previous year. The provisions of this subsection apply to the candidate until the year immediately preceding the next election year for that office. Nothing in this section:

      (a) Requires the candidate to report a campaign expense that has previously been reported in a timely manner pursuant to subsections 1 to 6, inclusive; or

      (b) Authorizes the candidate to not comply with the applicable requirements of subsections 1 to 6, inclusive, if he or she becomes a candidate for another office at a primary election, general election or special election during his or her term of office.

      8.  [If] Except as otherwise provided in subsection 9, if a candidate disposes of contributions pursuant to NRS 294A.160 or 294A.286 in any calendar year for which the candidate is not required to file a report pursuant to other provisions of this section, the candidate shall on or before January 15 of the following year, for the period beginning January 1 and ending on December 31 of the calendar year, report:

 


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      (a) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or 294A.286 during the period; and

      (b) The total of all amounts disposed of during the period pursuant to NRS 294A.160 or 294A.286 which are $100 or less.

      9.  If a candidate for office at a special election to determine whether a public officer will be recalled disposes of contributions pursuant to subsection 5 of NRS 294A.160, the candidate shall, on or before the 15th day of the second month following the last day for the candidate to receive a contribution pursuant to section 6 of this act, report:

      (a) Each amount in excess of $100 disposed of pursuant to subsection 5 of NRS 294A.160; and

      (b) The total of all amounts disposed of during the period pursuant to subsection 5 of NRS 294A.160 which are $100 or less.

      10.  Except as otherwise provided in NRS 294A.3733, reports of campaign expenses must be filed electronically with the Secretary of State.

      [10.]11.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      Sec. 12. NRS 294A.210 is hereby amended to read as follows:

      294A.210  1.  The provisions of this section apply to:

      (a) Every person who makes an independent expenditure in excess of $1,000; and

      (b) Every committee for political action, political party and committee sponsored by a political party which receives contributions in excess of $1,000 or makes an expenditure for or against a candidate for office or a group of such candidates.

      2.  Every person, committee and political party described in subsection 1 shall, not later than January 15 of the election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report each independent expenditure or other expenditure, as applicable, made during the period in excess of $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      3.  In addition to the requirements set forth in subsection 2, every person, committee and political party described in subsection 1 shall, not later than:

      (a) April 15 of the election year, for the period beginning January 1 and ending on March 31 of the election year;

      (b) July 15 of the election year, for the period beginning April 1 and ending on June 30 of the election year;

      (c) October 15 of the election year, for the period beginning July 1 and ending on September 30 of the election year; and

      (d) January 15 of the year immediately following the election year, for the period beginning October 1 and ending on December 31 of the election year,

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      4.  Except as otherwise provided in subsections 5, 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election or for or against a group of such candidates shall, not later than:

 


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      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the nomination of the candidate through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      5.  Except as otherwise provided in subsections 6 and 7 and NRS 294A.223, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      6.  Except as otherwise provided in subsection 7, if a petition for recall is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of that chapter, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the expiration of the notice of intent, for the period from the filing of the notice of intent through the date that the notice of intent expires or the petition is determined to be legally insufficient, report each of the campaign expenses described in subsection 1 incurred during the period. The provisions of this subsection apply to the person, committee and political party if the petition for recall:

      (a) Is not submitted to the filing officer as required by chapter 306 of NRS;

      (b) Is submitted to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

 


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      (c) Is otherwise legally insufficient or efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS are suspended or discontinued.

      7.  If the legal sufficiency of a petition for recall is challenged and a district court determines that the petition [for recall] is legally [insufficient] :

      (a) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall:

             (1) Not later than 30 days after the date on which the notice of appeal is filed, for the period from the filing of the notice of intent to circulate the petition for recall through the date on which the notice of appeal is filed, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date on which the notice of appeal is filed through the date on which all appeals regarding the petition are exhausted, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      (b) Insufficient pursuant to [subsection 6 of NRS 306.040,] chapter 306 of NRS, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall [, not] :

             (1) Not later than 30 days after the date on which the district court orders the filing officer [with whom the petition is filed] to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s order, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date of the district court’s order through the date on which all appeals regarding the petition are exhausted, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      8.  In addition to complying with the applicable requirements of subsections 2 to 7, inclusive, a person, committee or political party described in subsection 1 must, not later than January 15 of each year that is not an election year, for the period beginning January 1 of the previous year and ending on December 31 of the previous year, report each independent expenditure or other expenditure, as applicable, made during the period in excess of $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

 


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expenditure or other expenditure, as applicable, made during the period in excess of $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000. Nothing in this subsection:

      (a) Requires the person, committee or political party to report information that has previously been reported in a timely manner pursuant to subsections 2 to 7, inclusive; or

      (b) Authorizes the person, committee or political party to not comply with any applicable requirement set forth in subsections 2 to 7, inclusive.

      9.  Independent expenditures and other expenditures made within the State or made elsewhere but for use within the State, including independent expenditures and other expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

      10.  Except as otherwise provided in NRS 294A.3737, the reports must be filed electronically with the Secretary of State.

      11.  If an independent expenditure or other expenditure, as applicable, is made for or against a group of candidates, the reports must be itemized by the candidate.

      12.  A report shall be deemed to be filed on the date that it was received by the Secretary of State. Every person, committee or political party described in subsection 1 shall file a report required by this section even if the person, committee or political party receives no contributions.

      Sec. 13. NRS 294A.270 is hereby amended to read as follows:

      294A.270  1.  Except as otherwise provided in [subsections] subsection 3 , [and 4,] each committee for the recall of a public officer shall, not later than:

      (a) The 48th day after the date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015, for the period:

             (1) From the earlier of:

                   (I) The date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015; or

                   (II) The date on which the committee first received any contribution, made any contribution or made any expenditure; and

             (2) Ending on the 45th day after the date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015.

      (b) The 93rd day after the date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015, for the period:

             (1) From the 46th day after the date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015; and

             (2) Ending on the 90th day after the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015.

      (c) Four days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from 91st day after the date on which the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      [(b)](d) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      [(c)](e) Thirty days after the special election, for the remaining period through the date of the special election,

 


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Ê report each contribution received or made by the committee for the recall of a public officer during the period in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      2.  Except as otherwise provided in subsection 3, if a petition for the recall of a public officer is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of chapter 306 of NRS, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received by the committee for the recall of a public officer, and each contribution made by the committee for the recall of a public officer in excess of $100 and contributions made to one recipient which cumulatively exceed $100 [.] , except for contributions that already have been reported pursuant to paragraph (a) of subsection 1. The provisions of this subsection apply to the committee for the recall of a public officer if the committee:

      (a) Fails to submit the petition to the filing officer as required by chapter 306 of NRS;

      (b) Submits the petition to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Otherwise submits a legally insufficient petition or suspends or ceases its efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS.

      3.  If the legal sufficiency of a petition for recall is challenged and a district court determines that the petition [for the recall of the public officer] is legally [insufficient] :

      (a) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, the committee for the recall of a public officer shall:

             (1) Not later than 30 days after the date on which the notice of appeal is filed, for the period from the filing of the notice of intent to circulate the petition for recall through the date on which the notice of appeal is filed, report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100, except for contributions that already have been reported pursuant to paragraph (a) of subsection 1.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date on which the notice of appeal is filed through the date on which all appeals regarding the petition are exhausted, report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      (b) Insufficient pursuant to [subsection 6 of NRS 306.040,] chapter 306 of NRS, the committee for the recall of a public officer shall [, not] :

             (1) Not later than 30 days after the date on which the district court orders the filing officer [with whom the petition is filed] to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the day of the district court’s order, report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100 [.]

 


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court’s order, report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100 [.] , except for contributions that already have been reported pursuant to paragraph (a) of subsection 1.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date of the district court’s order through the date on which all appeals regarding the petition are exhausted, report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      4.  [If the special election is held on the same day as a primary election or general election, the committee for the recall of a public officer shall, not later than:

      (a) Twenty-one days before the special election, for the period from the filing of the notice of intent to circulate the petition for recall through 25 days before the special election;

      (b) Four days before the special election, for the period from 24 days before the special election through 5 days before the special election; and

      (c) The 15th day of the second month after the special election, for the remaining period through the date of the special election,

Ê report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      5.]  Except as otherwise provided in NRS 294A.3737, each report of contributions must be filed electronically with the Secretary of State.

      [6.]5.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      [7.]6.  The name and address of the contributor or recipient and the date on which the contribution was received must be included on the report for each contribution, whether from or to a natural person, association or corporation.

      Sec. 14. NRS 294A.280 is hereby amended to read as follows:

      294A.280  1.  Except as otherwise provided in [subsections] subsection 3 , [and 4,] each committee for the recall of a public officer shall, not later than:

      (a) The 48th day after the date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015, for the period:

             (1) From the earlier of:

                   (I) The date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015; or

                   (II) The date on which the committee first received any contribution, made any contribution or made any expenditure; and

             (2) Ending on the 45th day after the date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015.

      (b) The 93rd day after the date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015, for the period:

             (1) From the 46th day after the date on which the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015; and

 


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             (2) Ending on the 90th day after the notice of intent to circulate the recall petition was filed pursuant to NRS 306.015.

      (c) Four days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from 91st day after the date on which the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      [(b)](d) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      [(c)](e) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each expenditure made by the committee for the recall of a public officer during the period in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.

      2.  Except as otherwise provided in subsection 3, if a petition for the recall of a public officer is not submitted to the filing officer before the expiration of the notice of intent pursuant to the provisions of chapter 306 of NRS or is otherwise legally insufficient when submitted to the filing officer pursuant to the provisions of chapter 306 of NRS, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100 [.] , except for expenditures that already have been reported pursuant to paragraph (a) of subsection 1. The provisions of this subsection apply to the committee for the recall of a public officer if the committee:

      (a) Fails to submit the petition to the filing officer as required by chapter 306 of NRS;

      (b) Submits the petition to the filing officer without any valid signatures or with fewer than the necessary number of valid signatures required by chapter 306 of NRS; or

      (c) Otherwise submits a legally insufficient petition or suspends or ceases its efforts to obtain the necessary number of valid signatures required by chapter 306 of NRS.

      3.  If the legal sufficiency of a petition for recall is challenged and a district court determines that [a] the petition [for the recall of the public officer] is legally [insufficient] :

      (a) Sufficient pursuant to chapter 306 of NRS and the order of the district court is appealed, the committee for the recall of a public officer shall:

             (1) Not later than 30 days after the date on which the notice of appeal is filed, for the period from the filing of the notice of intent to circulate the petition for recall through the date on which the notice of appeal is filed, report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100, except for expenditures that already have been reported pursuant to paragraph (a) of subsection 1.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date on which the notice of appeal is filed through the date on which all appeals regarding the petition are exhausted, report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.

 


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made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.

      (b) Insufficient pursuant to [subsection 6 of NRS 306.040,] chapter 306 of NRS, the committee for the recall of a public officer shall [, not] :

             (1) Not later than 30 days after the date on which the district court orders the filing officer [with whom the petition is filed] to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the day of the district court’s order, report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100 [.] , except for expenditures that already have been reported pursuant to paragraph (a) of subsection 1.

             (2) Not later than 30 days after the date on which all appeals regarding the petition are exhausted, for the period from the day after the date of the district court’s order through the date on which all appeals regarding the petition are exhausted, report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.

      4.  [If the special election is held on the same day as a primary election or general election, the committee for the recall of a public officer shall, not later than:

      (a) Twenty-one days before the special election, for the period from the filing of the notice of intent to circulate the petition for recall through 25 days before the special election;

      (b) Four days before the special election, for the period from 24 days before the special election through 5 days before the special election; and

      (c) The 15th of the second month after the special election, for the remaining period through the date of the special election,

Ê report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.

      5.]  Except as otherwise provided in NRS 294A.3737, each report of expenditures must be filed electronically with the Secretary of State.

      [6.]5.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      [7.]6.  The name and address of the recipient and the date on which the expenditure was made must be included on the report for each expenditure, whether to a natural person, association or corporation.

      Sec. 14.5. NRS 294A.300 is hereby amended to read as follows:

      294A.300  1.  [It] Except as otherwise provided in this section, it is unlawful for a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect to solicit or accept any monetary contribution, or solicit or accept a commitment to make such a contribution for any political purpose during the period beginning:

      (a) Thirty days before a regular session of the Legislature and ending 30 days after the final adjournment of a regular session of the Legislature;

      (b) Fifteen days before a special session of the Legislature is set to commence and ending 15 days after the final adjournment of a special session of the Legislature, if:

             (1) The Governor sets a specific date for the commencement of the special session that is more than 15 days after the date on which the Governor issues the proclamation calling for the special session pursuant to Section 9 of Article 5 of the Nevada Constitution; or

 


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Governor issues the proclamation calling for the special session pursuant to Section 9 of Article 5 of the Nevada Constitution; or

             (2) The members of the Legislature set a date on or before which the Legislature is to convene the special session that is more than 15 days after the date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members calling for the special session pursuant to Section 2A of Article 4 of the Nevada Constitution; or

      (c) The day after:

             (1) The date on which the Governor issues the proclamation calling for the special session and ending 15 days after the final adjournment of the special session if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the date on which the Governor issues the proclamation calling for the special session; or

             (2) The date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members of the Legislature calling for the special session and ending 15 days after the final adjournment of the special session if the members set a date on or before which the Legislature is to convene the special session that is 15 or fewer days after the date on which the Secretary of State receives the petitions.

      2.  [A] Except as otherwise provided in this section, a person shall not make or commit to make a contribution or commitment prohibited by subsection 1.

      3.  This section does not prohibit the payment of a salary or other compensation or income to a member of the Legislature, the Lieutenant Governor or the Governor during [a session of the Legislature] the period set forth in subsection 1 if it is made for services provided as a part of his or her regular employment or is additional income to which he or she is entitled.

      4.  This section does not apply to any monetary contribution or commitment to make such a contribution that may be given to or accepted by a person pursuant to section 6 of this act. The provisions of this subsection do not authorize:

      (a) A person to accept or solicit a contribution, or solicit or accept a commitment to make such a contribution, other than a contribution authorized pursuant to section 6 of this act.

      (b) A person to make or commit to make a contribution other than a contribution authorized pursuant to section 6 of this act.

      5.  As used in this section, “political purpose” includes, without limitation, the establishment of, or the addition of money to, a legal defense fund.

      Sec. 15. NRS 294A.350 is hereby amended to read as follows:

      294A.350  1.  Except as otherwise provided in subsection 2, every candidate for office shall file the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362, even though the candidate:

      (a) Withdraws his or her candidacy pursuant to NRS 293.202 or 293C.195;

      (b) Ends his or her campaign without withdrawing his or her candidacy pursuant to NRS 293.202 or 293C.195;

      (c) Receives no contributions;

      (d) Has no campaign expenses;

      (e) Is not opposed in the election by another candidate;

      (f) Is defeated in the primary election;

 


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      (g) Is removed from the ballot by court order; or

      (h) Is the subject of a petition to recall and the special election is not held.

      2.  A candidate described in paragraph (a), (b), (f) or (g) of subsection 1 may simultaneously file all the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362 that are due after the candidate disposes of any unspent or excess contributions as provided in subsections 4 , [and] 5 and 6 of NRS 294A.160, as applicable, if the candidate gives written notice to the Secretary of State, on the form prescribed by the Secretary of State, that the candidate is ending his or her campaign and will not accept any additional contributions. If the candidate has submitted a withdrawal of candidacy pursuant to NRS 293.202 or 293C.195 to an officer other than the Secretary of State, the candidate must enclose with the notice a copy of the withdrawal of candidacy. A form submitted to the Secretary of State pursuant to this subsection must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

      3.  A candidate described in paragraph (b) of subsection 1 who simultaneously files reports pursuant to subsection 2 but is elected to office despite ending his or her campaign is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362, beginning with the next report that is due pursuant to those sections after his or her election to office.

      Sec. 16. Chapter 306 of NRS is hereby amended by adding thereto the provisions set forth as sections 17, 18 and 19 of this act.

      Sec. 17. 1.  Except as otherwise provided in subsection 2:

      (a) If the persons filing a notice of intent to circulate a petition for the recall of a public officer submit the petition to the filing officer for signature verification pursuant to paragraph (b) of subsection 3 of NRS 306.015, the filing officer shall not submit the petition to the county clerk for signature verification pursuant to NRS 306.035, unless the persons filing the notice of intent deposit in advance the estimated costs of the signature verification with the filing officer, including, without limitation, the estimated costs for the Secretary of State and the county clerk of each county from which signatures on the petition were gathered to perform the requirements set forth in NRS 293.1276 to 293.1279, inclusive.

      (b) Upon completion of the verification of signatures, the Secretary of State and each county clerk who verified signatures on the petition shall submit to the filing officer a statement of the actual costs incurred for carrying out the provisions of NRS 293.1276 to 293.1279, inclusive.

      (c) If the sum deposited pursuant to paragraph (a) is:

             (1) In excess of the actual costs of the signature verification, the excess must be refunded to the persons filing the notice of intent who submitted the petition for signature verification.

             (2) Less than the actual costs of the signature verification, the persons filing the notice of intent who submitted the petition for signature verification shall, upon demand, pay the deficiency to the filing officer who shall distribute the money to the Secretary of State and county clerks, as applicable.

      2.  The provisions of subsection 1 do not apply if, at the time of submitting the petition to the filing officer for signature verification, the persons filing the notice of intent also submit to the filing officer a written declaration, signed by each person under penalty of perjury, that:

 


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persons filing the notice of intent also submit to the filing officer a written declaration, signed by each person under penalty of perjury, that:

      (a) Paying the costs of the signature verification would cause the persons filing the notice of intent an undue burden on the monetary resources reasonably available to them; and

      (b) No person was paid to circulate the petition for signatures, or was promised to be paid or will be paid for having circulated the petition for signatures, by the persons filing the notice of intent or, to the best of their knowledge and belief, by any other person, including, without limitation, any committee for the recall of a public officer as defined in NRS 294A.006.

      3.  Except as otherwise provided in subsection 4, if the persons filing the notice of intent sign and submit a written declaration pursuant to subsection 2, the filing officer shall submit the petition to the county clerk for signature verification pursuant to NRS 306.035, and the persons filing the notice of intent must not be held liable for paying the costs of the signature verification.

      4.  In addition to any criminal or civil penalty, if the persons filing the notice of intent sign and submit a written declaration pursuant to subsection 2 and the written declaration contains any false statement of material fact, the Secretary of State and county clerks may bring a civil action to recover the actual costs of the signature verification against each person who signed the written declaration, and each person who signed the written declaration is jointly and severally liable for the actual costs of the signature verification.

      5.  The Secretary of State shall adopt regulations necessary to carry out the provisions of this section, including, without limitation, defining the term “costs” for purposes of this section.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19. 1.  In addition to any criminal penalty, a person who violates the provisions of this chapter is subject to a civil penalty in an amount not to exceed $20,000 for each violation. This penalty must be recovered in a civil action brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction.

      2.  Each person who signs a notice of intent to circulate a petition for the recall of a public officer is jointly and severally liable for any civil penalty imposed pursuant to this section in relation to the petition for recall.

      3.  Any civil penalty collected pursuant to this section must be deposited by the collecting agency for credit to the State General Fund in the bank designated by the State Treasurer.

      Sec. 20. NRS 306.015 is hereby amended to read as follows:

      306.015  1.  Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer.

      2.  The notice of intent:

      (a) Must be signed by :

             (1) If the public officer holds a statewide office, three registered voters who actually [voted] :

                   (I) Voted in this State [or in the county, district or municipality electing the officer] at the [last preceding general] election [.] at which the public officer was elected; and

 


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                   (II) Reside in this State on the date that the notice of intent is filed with the filing officer.

             (2) If the public officer does not hold a statewide office, three registered voters who actually:

                   (I) Voted in the county, district or municipality that the public officer represents at the election at which the public officer was elected; and

                   (II) Reside in the county, district or municipality that the public officer represents on the date that the notice of intent is filed with the filing officer.

      (b) Must be signed before a person authorized by law to administer oaths that the statements and signatures contained in the notice are true.

      (c) Is valid until the date on which the call for a special election is issued, as set forth in NRS 306.040.

      3.  The petition may consist of more than one document [.] and must be circulated for signatures and submitted to the filing officer in accordance with this subsection. The persons filing the notice of intent shall submit to the filing officer:

      (a) On or before the 48th day after the date on which the notice of intent was filed, all signatures that were collected on the petition [that was circulated for signatures to the filing officer within 90 days] during the period beginning on the date on which the notice of intent was filed and ending on the 45th day after the date on which the notice of intent was filed. If any such signature is not timely submitted to the filing officer pursuant to this paragraph, it shall be deemed that the signature is not a valid signature.

      (b) On or before the 90th day after the date on which the notice of intent was filed [.] , all signatures that were collected on the petition during the period beginning on the 46th day after the date on which the notice of intent was filed and ending on the date of submission of the petition to the filing officer for signature verification pursuant to this paragraph. The circulation of the petition must cease on the date of submission of the petition to the filing officer for signature verification pursuant to this paragraph or on the 90th day after the date on which the notice of intent was filed, whichever occurs first. If the persons filing the notice of intent timely submit the petition to the filing officer for signature verification pursuant to this paragraph and comply with the provisions of section 17 of this act, the filing officer shall immediately submit the petition to the county clerk for the verification pursuant to NRS 306.035 [.] of the signatures that were collected on the petition and timely submitted to the filing officer pursuant to this subsection.

      4.  Any person who fails to submit the petition to the filing officer as required by [this] subsection 3 is guilty of a misdemeanor. Copies of the petition are not valid for any subsequent petition.

      [4.] 5.  The county clerk shall, upon completing the verification of the signatures on the petition [,] pursuant to NRS 306.035, file the petition with the filing officer.

      [5.] 6.  Any person who signs a petition to recall any public officer may request that the county clerk remove the person’s name from the petition by submitting a request in writing to the county clerk at any time before [the petition is submitted for] the verification of the signatures thereon [pursuant to NRS 306.035.

 


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      6.  A person who signs a notice of intent pursuant to subsection 1 or a petition to recall a public officer is immune from civil liability for conduct related to the exercise of the person’s right to participate in the recall of a public officer.

      7.  As used in this section, “filing officer” means the officer with whom the public officer to be recalled filed his or her declaration of candidacy or acceptance of candidacy pursuant to NRS 293.185, 293C.145 or 293C.175.] is completed.

      Sec. 20.5. NRS 306.020 is hereby amended to read as follows:

      306.020  1.  Every public officer in the State of Nevada is subject to recall from office by the registered voters of the State or of the county, district or municipality that the public officer represents, as provided in this chapter and Section 9 of Article 2 of the Constitution of the State of Nevada.

      2.  A public officer who is appointed to serve the remainder of the unexpired term of an elective office [is] :

      (a) Is subject to recall in the same manner as provided for [an] a public officer [who is] elected to that office [.

      2.] ; and

      (b) For the purposes of recall, shall be deemed to have been elected to that office at the same election at which the former elected officeholder or candidate was elected before the vacancy in that office.

      3.  The petition to recall a public officer may be signed by any registered voter of the State or of the county, district, municipality or portion thereof that the public officer represents who actually voted in the election at which the public officer was elected.

      [3.] 4.  The petition must [, in addition to setting] :

      (a) Set forth the reason why the recall is demanded [:

      (a)], which must appear on each signature page of the petition;

      (b) Contain the residence addresses of the signers and the date that the petition was signed;

      [(b)](c) Contain a statement of the minimum number of signatures necessary to the validity of the petition;

      [(c)](d) Contain at the top of each page and immediately above the signature line, in at least 10-point bold type, the words “Recall Petition”;

      [(d)](e) Include the date that a notice of intent was filed; and

      [(e)](f) Have the designation: “Signatures of registered voters seeking the recall of ................ (name of public officer for whom recall is sought)” on each page if the petition contains more than one page.

      Sec. 21. NRS 306.025 is hereby amended to read as follows:

      306.025  1.  A person shall not knowingly or under circumstances amounting to criminal negligence:

      (a) Misrepresent, attempt to misrepresent or assist or conspire with another person to misrepresent or attempt to misrepresent the intent or content of a petition for the recall of a public officer which is circulated pursuant to the provisions of this chapter [.] ; or

      (b) Obtain, attempt to obtain or assist or conspire with another person to obtain or attempt to obtain a false, forged or unauthorized signature on a petition for the recall of a public officer which is circulated pursuant to the provisions of this chapter.

      2.  Any person who violates the provisions of subsection 1 is guilty of a [misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.

 


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      Sec. 22. (Deleted by amendment.)

      Sec. 22.5. NRS 306.035 is hereby amended to read as follows:

      306.035  1.  Before a petition to recall a [state] public officer who [is elected] holds a statewide office is filed with the Secretary of State as the filing officer pursuant to subsection [4] 5 of NRS 306.015, each county clerk must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signature within the clerk’s county.

      2.  Before a petition to recall a [State Senator, Assemblyman, Assemblywoman or a county, district or municipal] public officer who does not hold a statewide office is filed with the filing officer pursuant to subsection [4] 5 of NRS 306.015, the county clerk must verify, pursuant to NRS 293.1276 to 293.1279, inclusive, the document or documents which were circulated for signatures within the clerk’s county.

      3.  If more than one document was circulated, all the documents must be submitted to the clerk at the same time.

      Sec. 23. NRS 306.040 is hereby amended to read as follows:

      306.040  1.  Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the Secretary of State shall notify the county clerk, the filing officer [with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015] and the public officer who is the subject of the petition.

      2.  [After the verification of signatures is complete, but not later than the date a complaint is filed pursuant to subsection 5 or the date the call for a special election is issued, whichever is earlier, a] A person who signs a petition to recall may request the [Secretary of State] filing officer to strike the person’s name from the petition [.] on or before the date that is the later of:

      (a) Ten days, Saturdays, Sundays and holidays excluded, after the verification of signatures is complete; or

      (b) The date a complaint is filed pursuant to subsection 6.

      3.  If the [person demonstrates good cause therefor and the number of such requests received by the Secretary of State could affect the sufficiency of the petition, the Secretary of State shall] filing officer receives a request pursuant to subsection 2, the filing officer must strike the name of the person from the petition. If the filing officer receives a sufficient number of requests to strike names from the petition such that the petition no longer contains enough valid signatures, the filing officer shall not issue a call for a special election, and a special election must not be held to recall the public officer who is the subject of the petition.

      [3.  Not]

      4.  Except as otherwise provided in subsection 3, not sooner than [10] 20 days [nor more] and not later than [20] 30 days , Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection [5,] 6, the filing officer [with whom the petition is filed] shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer.

      [4.]5.  The call for a special election pursuant to subsection [3 or 6] 4 or 7 must include, without limitation:

      (a) The last day on which a person may register to vote to qualify to vote in the special election;

 


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      (b) The last day on which a petition to nominate other candidates for the office may be filed; and

      (c) Whether any person is entitled to vote in the special election pursuant to NRS 293.343 to 293.355, inclusive.

      [5.]6.  The legal sufficiency of the petition , including without limitation, the validity of signatures on the petition, may be challenged by filing a complaint in district court not later than [5] 15 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

      [6.]7.  Upon the conclusion of the hearing, if the court determines that the petition is legally sufficient, it shall order the filing officer [with whom the petition is filed] to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer. If the court determines that the petition is not legally sufficient, it shall order the filing officer [with whom the petition is filed] to cease any further proceedings regarding the petition.

      Sec. 23.5. NRS 218H.930 is hereby amended to read as follows:

      218H.930  1.  A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:

      (a) To any member of the Legislative Branch in an effort to persuade or influence the member in his or her official actions.

      (b) In a registration statement or report concerning lobbying activities filed with the Director.

      2.  A lobbyist shall not knowingly or willfully give any gift to a member of the Legislative Branch or a member of his or her immediate family, whether or not the Legislature is in a regular or special session.

      3.  A member of the Legislative Branch or a member of his or her immediate family shall not knowingly or willfully solicit or accept any gift from a lobbyist, whether or not the Legislature is in a regular or special session.

      4.  A person who employs or uses a lobbyist shall not make that lobbyist’s compensation or reimbursement contingent in any manner upon the outcome of any legislative action.

      5.  Except during the period permitted by NRS 218H.200, a person shall not knowingly act as a lobbyist without being registered as required by that section.

      6.  Except as otherwise provided in subsection 7, a member of the Legislative or Executive Branch of the State Government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the State or the political subdivision for personally engaging in lobbying.

      7.  An elected officer or employee of a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.

      8.  A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition to that legislation.

 


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ê2019 Statutes of Nevada, Page 1660 (CHAPTER 288, SB 450)ê

 

      9.  A lobbyist shall not make, commit to make or offer to make a monetary contribution to a Legislator, the Lieutenant Governor, the Lieutenant Governor-elect, the Governor or the Governor-elect during the period [beginning:

      (a) Thirty days before a regular session and ending 30 days after the final adjournment of a regular session;

      (b) Fifteen days before a special session is set to commence and ending 15 days after the final adjournment of a special session, if:

             (1) The Governor sets a specific date for the commencement of the special session that is more than 15 days after the date on which the Governor issues the proclamation calling for the special session pursuant to Section 9 of Article 5 of the Nevada Constitution; or

             (2) The members of the Legislature set a date on or before which the Legislature is to convene the special session that is more than 15 days after the date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members calling for the special session pursuant to Section 2A of Article 4 of the Nevada Constitution; or

      (c) The day after:

             (1) The date on which the Governor issues the proclamation calling for the special session and ending 15 days after the final adjournment of the special session if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the date on which the Governor issues the proclamation calling for the special session; or

             (2) The date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members of the Legislature calling for the special session and ending 15 days after the final adjournment of the special session if the members set a date on or before which the Legislature is to convene the special session that is 15 or fewer days after the date on which the Secretary of State receives the petitions.] set forth in subsection 1 of NRS 294A.300 unless such act is otherwise authorized pursuant to subsection 4 of NRS 294A.300.

      Sec. 24.  The regulations adopted by the Secretary of State which are codified as NAC 306.010, 306.012 and 306.014 are hereby declared void. In preparing the supplements to the Nevada Administrative Code on or after passage and approval of this bill, the Legislative Counsel shall remove those regulations.

      Sec. 24.5.  The amendatory provisions of this act do not apply to a petition for the recall of a public officer if the notice of intent to circulate the petition was filed pursuant to NRS 306.015 before the effective date of this act.

      Sec. 25.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 26.  This act becomes effective upon passage and approval.

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ê2019 Statutes of Nevada, Page 1661ê

 

CHAPTER 289, SB 452

Senate Bill No. 452–Committee on Legislative Operations and Elections

 

CHAPTER 289

 

[Approved: June 1, 2019]

 

AN ACT relating to elections; revising provisions related to certain persons who distribute forms to request absent ballots; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a person who, during the 6 months immediately preceding an election, intends to distribute to more than 500 registered voters a form to request an absent ballot for the election, is required to notify the county or city clerk in writing of: (1) the approximate number of forms to be distributed to registered voters in the county or city, as applicable; and (2) the first date on which the forms will be distributed to registered voters. (NRS 293.3095, 293C.306) Sections 1.1 and 2 of this bill revise the deadline for providing such notification to the county or city clerk from not later than 14 days to not later than 28 days before distributing the forms.

      Under existing law, such a person distributing the forms is prohibited from mailing the forms to registered voters later than 21 days before the election. (NRS 293.3095, 293C.306) Sections 1.1 and 2 of this bill prohibit such a person from mailing the forms to registered voters later than 35 days before the election. Sections 1.1 and 2 also require such a person to include a notice on each form that: (1) informs the voters that they are not receiving an official elections notice from the Secretary of State or the county or city clerk; (2) explains to the voters the purpose of the form; and (3) informs the voters that they do not need to submit the form to the county or city clerk if they have already requested an absent ballot for that election year or they are already entitled to receive an absent ballot for all elections.

 

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. 1.1. NRS 293.3095 is hereby amended to read as follows:

      293.3095  1.  A person who, during the 6 months immediately preceding an election, distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

      (a) Distribute the form prescribed by the Secretary of State, which must, in 14-point type or larger [:] at the top of the first page of the form:

             (1) Identify the person who is distributing the form; and

             (2) Include [a] the following notice stating, [“This] with the first sentence of the notice in bold type:

 

       This is not an official elections notice from the Secretary of State or your county or city clerk. This is a form to request [for] an absent ballot [.”;] that you may submit to your county or city clerk if you want to vote by absent ballot. However, even if you want to vote by absent ballot, you do not need to submit this form if you have already requested an absent ballot for this election year or are already entitled to receive an absent ballot for all elections.

 


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ê2019 Statutes of Nevada, Page 1662 (CHAPTER 289, SB 452)ê

 

      (b) Not later than [14] 28 days before distributing such a form, provide to the county clerk of each county to which a form will be distributed written notification of the approximate number of forms to be distributed to voters in the county and of the first date on which the forms will be distributed;

      (c) Not return or offer to return to a county clerk a form that was mailed to a registered voter pursuant to this subsection; and

      (d) Not mail such a form later than [21] 35 days before the election.

      2.  The provisions of this section do not authorize a person to vote by absent ballot if the person is not otherwise eligible to vote by absent ballot.

      Secs. 1.2-1.9. (Deleted by amendment.)

      Sec. 2. NRS 293C.306 is hereby amended to read as follows:

      293C.306  1.  A person who, during the 6 months immediately preceding an election, distributes to more than a total of 500 registered voters a form to request an absent ballot for the election shall:

      (a) Distribute the form prescribed by the Secretary of State, which must, in 14-point type or larger [:] at the top of the first page of the form:

             (1) Identify the person who is distributing the form; and

             (2) Include [a] the following notice stating, [“This] with the first sentence of the notice in bold type:

 

       This is not an official elections notice from the Secretary of State or your county or city clerk. This is a form to request [for] an absent ballot [.”;] that you may submit to your county or city clerk if you want to vote by absent ballot. However, even if you want to vote by absent ballot, you do not need to submit this form if you have already requested an absent ballot for this election year or are already entitled to receive an absent ballot for all elections.

 

      (b) Not later than [14] 28 days before distributing such a form, provide to the city clerk of each city to which a form will be distributed written notification of the approximate number of forms to be distributed to voters in the city and of the first date on which the forms will be distributed;

      (c) Not return or offer to return to the city clerk a form that was mailed to a registered voter pursuant to this subsection; and

      (d) Not mail such a form later than [21] 35 days before the election.

      2.  The provisions of this section do not authorize a person to vote by absent ballot if the person is not otherwise eligible to vote by absent ballot.

      Secs. 2.2-2.9. (Deleted by amendment.)

      Sec. 3.  This act becomes effective on July 1, 2019.

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ê2019 Statutes of Nevada, Page 1663ê

 

CHAPTER 290, SB 453

Senate Bill No. 453–Committee on Education

 

CHAPTER 290

 

[Approved: June 1, 2019]

 

AN ACT relating to the Governor Guinn Millennium Scholarship Program; increasing the grade point average required during the first year of enrollment to retain eligibility for a scholarship; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      During the first year of enrollment in the Governor Guinn Millennium Scholarship Program, existing law requires a recipient to maintain at least a 2.60 grade point average during each semester and then to maintain a 2.75 grade point average during each semester in the second and each subsequent year of enrollment. (NRS 396.934) Section 1 of this bill raises the required grade point average to 2.75 for each semester of enrollment in the Program, which means the required grade point average is increased from 2.60 to 2.75 for each semester of the first year of enrollment in the Program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 396.934 is hereby amended to read as follows:

      396.934  1.  Except as otherwise provided in this section, within the limits of money available in the Trust Fund, a student who is eligible for a Millennium Scholarship is entitled to receive:

      (a) If he or she is enrolled in a community college within the System, including, without limitation, a summer academic term, $40 per credit for each lower division course and $60 per credit for each upper division course in which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the community college that are not otherwise satisfied by other grants or scholarships, whichever is less. The Board of Regents shall provide for the designation of upper and lower division courses for the purposes of this paragraph.

      (b) If he or she is enrolled in a state college within the System, including, without limitation, a summer academic term, $60 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the state college that are not otherwise satisfied by other grants or scholarships, whichever is less.

      (c) If he or she is enrolled in another eligible institution, including, without limitation, a summer academic term, $80 per credit for which the student is enrolled, or the amount of money that is necessary for the student to pay the costs of attending the university that are not otherwise satisfied by other grants or scholarships, whichever is less.

      (d) If he or she is enrolled in more than one eligible institution, including, without limitation, a summer academic term, the amount authorized pursuant to paragraph (a), (b) or (c), or a combination thereof, in accordance with procedures and guidelines established by the Board of Regents.

 


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ê2019 Statutes of Nevada, Page 1664 (CHAPTER 290, SB 453)ê

 

Ê In no event may a student who is eligible for a Millennium Scholarship receive more than the cost of 15 semester credits per semester pursuant to this subsection.

      2.  No student may be awarded a Millennium Scholarship:

      (a) To pay for remedial courses.

      (b) For a total amount in excess of $10,000.

      3.  A student who receives a Millennium Scholarship shall:

      (a) Make satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8; and

      (b) [If the student graduated from high school after May 1, 2003, maintain:

             (1) At least a 2.60 grade point average on a 4.0 grading scale for each semester during the first year of enrollment in the Governor Guinn Millennium Scholarship Program.

             (2) At] Maintain at least a 2.75 grade point average on a 4.0 grading scale for each semester [during the second year] of enrollment in the Governor Guinn Millennium Scholarship Program . [and for each semester during each year of enrollment thereafter.]

      4.  A student who receives a Millennium Scholarship is encouraged to volunteer at least 20 hours of community service for this State, a political subdivision of this State or a charitable organization that provides service to a community or the residents of a community in this State during each year in which the student receives a Millennium Scholarship.

      5.  If a student does not satisfy the requirements of subsection 3 during one semester of enrollment, excluding a summer academic term, he or she is not eligible for the Millennium Scholarship for the succeeding semester of enrollment. If such a student:

      (a) Subsequently satisfies the requirements of subsection 3 in a semester in which he or she is not eligible for the Millennium Scholarship, the student is eligible for the Millennium Scholarship for the student’s next semester of enrollment.

      (b) Fails a second time to satisfy the requirements of subsection 3 during any subsequent semester, excluding a summer academic term, the student is no longer eligible for a Millennium Scholarship.

      6.  A Millennium Scholarship must be used only:

      (a) For the payment of registration fees and laboratory fees and expenses;

      (b) To purchase required textbooks and course materials; and

      (c) For other costs related to the attendance of the student at the eligible institution.

      7.  The Board of Regents shall certify a list of eligible students to the State Treasurer. The State Treasurer shall disburse a Millennium Scholarship for each semester on behalf of an eligible student directly to the eligible institution in which the student is enrolled, upon certification from the eligible institution of the number of credits for which the student is enrolled, which must meet or exceed the minimum number of credits required for eligibility and certification that the student is in good standing and making satisfactory academic progress toward a recognized degree or certificate, as determined by the Board of Regents pursuant to subsection 8. The Millennium Scholarship must be administered by the eligible institution as other similar scholarships are administered and may be used only for the expenditures authorized pursuant to subsection 6. If a student is enrolled in more than one eligible institution, the Millennium Scholarship must be administered by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate.

 


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ê2019 Statutes of Nevada, Page 1665 (CHAPTER 290, SB 453)ê

 

more than one eligible institution, the Millennium Scholarship must be administered by the eligible institution at which the student is enrolled in a program of study leading to a recognized degree or certificate.

      8.  The Board of Regents shall establish:

      (a) Criteria for determining whether a student is making satisfactory academic progress toward a recognized degree or certificate for purposes of subsection 7.

      (b) Procedures to ensure that all money from a Millennium Scholarship awarded to a student that is refunded in whole or in part for any reason is refunded to the Trust Fund and not the student.

      (c) Procedures and guidelines for the administration of a Millennium Scholarship for students who are enrolled in more than one eligible institution.

      Sec. 2.  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 July 1, 2020, for all other purposes.

________

CHAPTER 291, SB 457

Senate Bill No. 457–Committee on Health and Human Services

 

CHAPTER 291

 

[Approved: June 1, 2019]

 

AN ACT relating to health care; requiring the reporting of a death at certain facilities and homes as a sentinel event; requiring the posting on the Internet of certain information concerning facilities and programs for the treatment of the abuse of alcohol or drugs; prohibiting certain false or misleading practices by or on behalf of providers of and facilities for treatment of the abuse of alcohol or drugs and alcohol and drug abuse programs; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “sentinel event” to refer to certain events that take place at certain medical facilities. Existing law also requires such medical facilities to report to the Division of Public and Behavioral Health of the Department of Health and Human Services the date, time and a brief description of each sentinel event that occurs at the medical facilities. (NRS 439.830, 439.835) Section 5 of this bill additionally includes any death at a medical facility, facility for the dependent or home operated by a provider of community-based living arrangement services within the definition of the term “sentinel event.” Section 6 of this bill requires any such facility to report to the Division the date, time and a brief description of each sentinel event, including each death, that occurs at the facility. Sections 3, 4, 6-12 and 14-17 of this bill broaden the applicability of provisions governing the reporting and investigation of sentinel events to apply to all medical facilities, facilities for the dependent and homes operated by providers of community-based living arrangement services. Section 7 of this bill provides that a health facility is not required to investigate a death confirmed to have resulted from natural causes. Section 7 also provides that certain facilities that care for elderly or terminally ill persons are not required to investigate a death that appears to have resulted from natural causes. Sections 1, 2, 5 and 13 of this bill make conforming changes.

 


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ê2019 Statutes of Nevada, Page 1666 (CHAPTER 291, SB 457)ê

 

      Existing law requires the Division to post on an Internet website maintained by the Division certain ratings assigned to medical facilities and facilities for the dependent. (NRS 449.1825) Section 18 of this bill additionally requires the Division to compile and post on an Internet website maintained by the Division information concerning the licensing status and quality of: (1) facilities for the treatment of abuse of alcohol or drugs; (2) halfway houses for recovering alcohol and drug abusers; (3) medical facilities that provide treatment for the abuse of alcohol or drugs; and (4) unlicensed programs for the treatment of alcohol or drugs. Sections 19-24 and 27 of this bill make conforming changes.

      Existing law authorizes the Division to enforce provisions governing alcohol and drug abuse programs, alcohol and drug treatment facilities and providers of treatment for the abuse of alcohol or drugs. (NRS 458.110) Section 25 of this bill prohibits a treatment provider, facility or operator of an alcohol and drug abuse program, or a person who provides any form of advertising or marketing services on their behalf, from making or providing false or misleading statements about the alcohol and drug abuse services and from engaging in certain other practices. Section 25 makes a violation of those provisions a misdemeanor. Section 22 of this bill additionally authorizes the Division to take action against the license of a treatment program, facility or operator who is licensed pursuant to chapter 449 of NRS for a violation of those provisions. Section 26 of this bill authorizes the Division to take any other action necessary to enforce those provisions.

 

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

      “Health facility” means:

      1.  Any facility licensed by the Division pursuant to chapter 449 of NRS; and

      2.  A home operated by a provider of community-based living arrangement services, as defined in NRS 433.605.

      Sec. 2. NRS 439.800 is hereby amended to read as follows:

      439.800  As used in NRS 439.800 to 439.890, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 439.802 to 439.830, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 439.810 is hereby amended to read as follows:

      439.810  “Patient” means a person who:

      1.  Is admitted to a [medical] health facility for the purpose of receiving treatment;

      2.  Resides in a [medical] health facility; or

      3.  Receives treatment from a provider of health care.

      Sec. 4. NRS 439.815 is hereby amended to read as follows:

      439.815  “Patient safety officer” means a person who is designated as such by a [medical] health facility pursuant to NRS 439.870.

      Sec. 5. NRS 439.830 is hereby amended to read as follows:

      439.830  1.  Except as otherwise provided in subsection 2, “sentinel event” means [an] :

      (a) An event included in Appendix A of “Serious Reportable Events in Healthcare--2011 Update: A Consensus Report,” published by the National Quality Forum [.] ; or

 


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ê2019 Statutes of Nevada, Page 1667 (CHAPTER 291, SB 457)ê

 

      (b) Any death that occurs in a health facility.

      2.  If the publication described in subsection 1 is revised, the term “sentinel events” [means] includes, without limitation, the events included on the most current version of the list of serious reportable events published by the National Quality Forum as it exists on the effective date of the revision which is deemed to be:

      (a) January 1 of the year following the publication of the revision if the revision is published on or after January 1 but before July 1 of the year in which the revision is published; or

      (b) July 1 of the year following the publication of the revision if the revision is published on or after July 1 of the year in which the revision is published but before January 1 of the year after the revision is published.

      3.  If the National Quality Forum ceases to exist, the most current version of the list shall be deemed to be the last version of the publication in existence before the National Quality Forum ceased to exist.

      Sec. 6. NRS 439.835 is hereby amended to read as follows:

      439.835  1.  Except as otherwise provided in subsection 2:

      (a) A person who is employed by a [medical] health facility shall, within 24 hours after becoming aware of a sentinel event that occurred at the [medical] health facility, notify the patient safety officer of the facility of the sentinel event; and

      (b) The patient safety officer shall, within 13 days after receiving notification pursuant to paragraph (a), report the date, the time and a brief description of the sentinel event to:

             (1) The Division; and

             (2) The representative designated pursuant to NRS 439.855, if that person is different from the patient safety officer.

      2.  If the patient safety officer of a [medical] health facility personally discovers or becomes aware, in the absence of notification by another employee, of a sentinel event that occurred at the [medical] health facility, the patient safety officer shall, within 14 days after discovering or becoming aware of the sentinel event, report the date, time and brief description of the sentinel event to:

      (a) The Division; and

      (b) The representative designated pursuant to NRS 439.855, if that person is different from the patient safety officer.

      3.  The State Board of Health shall prescribe the manner in which reports of sentinel events must be made pursuant to this section.

      Sec. 7. NRS 439.837 is hereby amended to read as follows:

      439.837  [A medical]

      1.  Except as otherwise provided in subsections 2 and 3, a health facility shall, upon reporting a sentinel event pursuant to NRS 439.835, conduct an investigation or cause an investigation to be conducted concerning the causes or contributing factors, or both, of the sentinel event and implement a plan to remedy the causes or contributing factors, or both, of the sentinel event.

      2.  A health facility is not required to take the actions described in subsection 1 concerning a death confirmed to have resulted from natural causes.

 


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ê2019 Statutes of Nevada, Page 1668 (CHAPTER 291, SB 457)ê

 

      3.  A residential facility for groups, home for individual residential care or facility for hospice care is not required to take the actions described in subsection 1 concerning a death that appears to have resulted from natural causes.

      4.  As used in this section:

      (a) “Facility for hospice care” has the meaning ascribed to it in NRS 449.0033.

      (b) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105.

      (c) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 8. NRS 439.840 is hereby amended to read as follows:

      439.840  1.  The Division shall:

      (a) Collect and maintain reports received pursuant to NRS 439.835 and 439.843 and any additional information requested by the Division pursuant to NRS 439.841;

      (b) Ensure that such reports, and any additional documents created from such reports, are protected adequately from fire, theft, loss, destruction and other hazards and from unauthorized access;

      (c) Annually prepare a report of sentinel events reported pursuant to NRS 439.835 by a [medical] health facility, including, without limitation, the type of event, the number of events, the rate of occurrence of events, and the [medical] health facility which reported the event, and provide the report for inclusion on the Internet website maintained pursuant to NRS 439A.270; and

      (d) Annually prepare a summary of the reports received pursuant to NRS 439.835 and provide a summary for inclusion on the Internet website maintained pursuant to NRS 439A.270. The Division shall maintain the confidentiality of the patient, the provider of health care or other member of the staff of the [medical] health facility identified in the reports submitted pursuant to NRS 439.835 when preparing the annual summary pursuant to this paragraph.

      2.  Except as otherwise provided in this section and NRS 239.0115, reports received pursuant to NRS 439.835 and subsection 1 of NRS 439.843 and any additional information requested by the Division pursuant to NRS 439.841 are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

      3.  The report prepared pursuant to paragraph (c) of subsection 1 must provide to the public information concerning each [medical] health facility which provided medical services and care in the immediately preceding calendar year and must:

      (a) Be presented in a manner that allows a person to view and compare the information for the [medical] health facilities;

      (b) Be readily accessible and understandable by a member of the general public;

      (c) Use standard statistical methodology, including without limitation, risk-adjusted methodology when applicable, and include the description of the methodology and data limitations contained in the report;

      (d) Not identify a patient, provider of health care or other member of the staff of the [medical] health facility; and

      (e) Not be reported for a [medical] health facility if reporting the data would risk identifying a patient.

 


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ê2019 Statutes of Nevada, Page 1669 (CHAPTER 291, SB 457)ê

 

      Sec. 9. NRS 439.841 is hereby amended to read as follows:

      439.841  1.  Upon receipt of a report pursuant to NRS 439.835, the Division may, as often as deemed necessary by the Administrator to protect the health and safety of the public, request additional information regarding the sentinel event or conduct an audit or investigation of the [medical] health facility.

      2.  A [medical] health facility shall provide to the Division any information requested in furtherance of a request for information, an audit or an investigation pursuant to this section.

      3.  If the Division conducts an audit or investigation pursuant to this section, the Division shall, within 30 days after completing such an audit or investigation, report its findings to the State Board of Health.

      4.  A [medical] health facility which is audited or investigated pursuant to this section shall pay to the Division the actual cost of conducting the audit or investigation.

      Sec. 10. NRS 439.843 is hereby amended to read as follows:

      439.843  1.  On or before March 1 of each year, each [medical] health facility shall provide to the Division, in the form prescribed by the State Board of Health, a summary of the reports submitted by the [medical] health facility pursuant to NRS 439.835 during the immediately preceding calendar year. The summary must include, without limitation:

      (a) The total number and types of sentinel events reported by the [medical] health facility, if any;

      (b) For a medical facility:

             (1) A copy of the most current patient safety plan established pursuant to NRS 439.865; and

      [(c)](2) A summary of the membership and activities of the patient safety committee established pursuant to NRS 439.875; and

      [(d)](c) Any other information required by the State Board of Health concerning the reports submitted by the [medical] health facility pursuant to NRS 439.835.

      2.  On or before June 1 of each year, the Division shall submit to the State Board of Health an annual summary of the reports and information received by the Division pursuant to this section. The annual summary must include, without limitation, a compilation of the information submitted pursuant to subsection 1 and any other pertinent information deemed necessary by the State Board of Health concerning the reports submitted by the [medical] health facility pursuant to NRS 439.835. The Division shall maintain the confidentiality of the patient, the provider of health care or other member of the staff of the [medical] health facility identified in the reports submitted pursuant to NRS 439.835 and any other identifying information of a person requested by the State Board of Health concerning those reports when preparing the annual summary pursuant to this section.

      3.  The Department shall post on the Internet website maintained pursuant to NRS 439A.270 or any other website maintained by the Department a copy of the most current patient safety plan submitted by each [medical] health facility pursuant to subsection 1.

      Sec. 11. NRS 439.845 is hereby amended to read as follows:

      439.845  1.  The Division shall analyze and report trends regarding sentinel events.

 


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      2.  When the Division receives notice from a [medical] health facility that the [medical] health facility has taken corrective action to remedy the causes or contributing factors, or both, of a sentinel event, the Division shall:

      (a) Make a record of the information;

      (b) Ensure that the information is released in a manner so as not to reveal the identity of a specific patient, provider of health care or member of the staff of the facility; and

      (c) At least quarterly, report its findings regarding the analysis of trends of sentinel events on the Internet website maintained pursuant to NRS 439A.270.

      Sec. 12. NRS 439.855 is hereby amended to read as follows:

      439.855  1.  Each [medical] health facility that is located within this state shall designate a representative for the notification of patients who have been involved in sentinel events at that [medical] health facility.

      2.  A representative designated pursuant to subsection 1 shall, not later than 7 days after discovering or becoming aware of a sentinel event that occurred at the [medical] health facility, provide notice of that fact to each patient who was involved in that sentinel event.

      3.  The provision of notice to a patient pursuant to subsection 2 must not, in any action or proceeding, be considered an acknowledgment or admission of liability.

      4.  A representative designated pursuant to subsection 1 may or may not be the same person who serves as the facility’s patient safety officer.

      Sec. 13. NRS 439.860 is hereby amended to read as follows:

      439.860  Any report, document and any other information compiled or disseminated pursuant to the provisions of NRS 439.800 to 439.890, inclusive, and section 1 of this act is not admissible in evidence in any administrative or legal proceeding conducted in this State.

      Sec. 14. NRS 439.870 is hereby amended to read as follows:

      439.870  1.  A [medical] health facility shall designate an officer or employee of the facility to serve as the patient safety officer of the [medical] health facility.

      2.  The person who is designated as the patient safety officer of a [medical] health facility shall:

      (a) [Serve on the patient safety committee.

      (b)] Supervise the reporting of all sentinel events alleged to have occurred at the [medical] health facility, including, without limitation, performing the duties required pursuant to NRS 439.835.

      [(c)](b) Take such action as he or she determines to be necessary to ensure the safety of patients as a result of an investigation of any sentinel event alleged to have occurred at the [medical] health facility.

      [(d)](c) If the health facility is a medical facility:

             (1) Serve on the patient safety committee of the medical facility established pursuant to NRS 439.875; and

             (2) Report to the patient safety committee regarding any action taken in accordance with paragraph [(c).] (b).

      Sec. 15. NRS 439.880 is hereby amended to read as follows:

      439.880  No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if the person, without malice:

      1.  Reports a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

      2.  Notifies a governmental entity with jurisdiction or another appropriate authority of a sentinel event;

 


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      3.  Transmits information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

      4.  Compiles, prepares or disseminates information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority; or

      5.  Performs any other act authorized pursuant to NRS 439.800 to 439.890, inclusive [.] , and section 1 of this act.

      Sec. 16. NRS 439.885 is hereby amended to read as follows:

      439.885  1.  If a [medical] health facility:

      (a) Commits a violation of any provision of NRS 439.800 to 439.890, inclusive, and section 1 of this act or for any violation for which an administrative sanction pursuant to NRS 449.163 would otherwise be applicable; and

      (b) Of its own volition, reports the violation to the Administrator,

Ê such a violation must not be used as the basis for imposing an administrative sanction pursuant to NRS 449.163.

      2.  If a [medical] health facility commits a violation of any provision of NRS 439.800 to 439.890, inclusive, and section 1 of this act and does not, of its own volition, report the violation to the Administrator, the Division may, in accordance with the provisions of subsection 3, impose an administrative sanction:

      (a) For failure to report a sentinel event, in an amount not to exceed $100 per day for each day after the date on which the sentinel event was required to be reported pursuant to NRS 439.835;

      (b) For failure to adopt and implement a patient safety plan pursuant to NRS 439.865, in an amount not to exceed $1,000 for each month in which a patient safety plan was not in effect; and

      (c) For failure to establish a patient safety committee or failure of such a committee to meet pursuant to the requirements of NRS 439.875, in an amount not to exceed $2,000 for each violation of that section.

      3.  Before the Division imposes an administrative sanction pursuant to subsection 2, the Division shall provide the [medical] health facility with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If a [medical] health facility wants to contest the action, the facility may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the Division shall hold a hearing in accordance with those regulations.

      4.  An administrative sanction collected pursuant to this section must be accounted for separately and used by the Division to provide training and education to employees of the Division, employees of [medical] health facilities and members of the general public regarding issues relating to the provision of quality and safe health care.

      Sec. 17. NRS 439A.270 is hereby amended to read as follows:

      439A.270  1.  The Department shall establish and maintain an Internet website that includes the information concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State as required by the programs established pursuant to NRS 439A.220 and 439A.240. The information must:

      (a) Include, for each hospital in this State, the:

             (1) Total number of patients discharged, the average length of stay and the average billed charges, reported for the diagnosis-related groups for inpatients and the 50 medical treatments for outpatients that the Department determines are most useful for consumers;

 


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inpatients and the 50 medical treatments for outpatients that the Department determines are most useful for consumers;

             (2) Total number of potentially preventable readmissions reported pursuant to NRS 439A.220, the rate of occurrence of potentially preventable readmissions, and the average length of stay and average billed charges of those potentially preventable readmissions, reported by the diagnosis-related group for inpatients for which the patient originally received treatment at a hospital; and

             (3) Name of each physician who performed a surgical procedure in the hospital and the total number of surgical procedures performed by each physician in the hospital, reported for the most frequent surgical procedures that the Department determines are most useful for consumers if the information is available;

      (b) Include, for each surgical center for ambulatory patients in this State, the:

             (1) Total number of patients discharged and the average billed charges, reported for 50 medical treatments for outpatients that the Department determines are most useful for consumers; and

             (2) Name of each physician who performed a surgical procedure in the surgical center for ambulatory patients and the total number of surgical procedures performed by each physician in the surgical center for ambulatory patients, reported for the most frequent surgical procedures that the Department determines are most useful for consumers;

      (c) Be presented in a manner that allows a person to view and compare the information for the hospitals by:

             (1) Geographic location of each hospital;

             (2) Type of medical diagnosis; and

             (3) Type of medical treatment;

      (d) Be presented in a manner that allows a person to view and compare the information for the surgical centers for ambulatory patients by:

             (1) Geographic location of each surgical center for ambulatory patients;

             (2) Type of medical diagnosis; and

             (3) Type of medical treatment;

      (e) Be presented in a manner that allows a person to view and compare the information separately for:

             (1) The inpatients and outpatients of each hospital; and

             (2) The outpatients of each surgical center for ambulatory patients;

      (f) Be readily accessible and understandable by a member of the general public;

      (g) Include the annual summary of reports of sentinel events prepared for each [medical] health facility pursuant to paragraph (c) of subsection 1 of NRS 439.840;

      (h) Include the annual summary of reports of sentinel events prepared pursuant to paragraph (d) of subsection 1 of NRS 439.840;

      (i) Include the reports of information prepared for each medical facility pursuant to paragraph (b) of subsection 4 of NRS 439.847;

      (j) Include a link to electronic copies of all reports, summaries, compilations and supplementary reports required by NRS 449.450 to 449.530, inclusive;

 


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      (k) Include, for each hospital with 100 or more beds, a summary of financial information which is readily understandable by a member of the general public and which includes, without limitation, a summary of:

             (1) The expenses of the hospital which are attributable to providing community benefits and in-kind services as reported pursuant to NRS 449.490;

             (2) The capital improvement report submitted to the Department pursuant to NRS 449.490;

             (3) The net income of the hospital;

             (4) The net income of the consolidated corporation, if the hospital is owned by such a corporation and if that information is publicly available;

             (5) The operating margin of the hospital;

             (6) The ratio of the cost of providing care to patients covered by Medicare to the charges for such care;

             (7) The ratio of the total costs to charges of the hospital; and

             (8) The average daily occupancy of the hospital; and

      (l) Provide any other information relating to the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State which the Department determines is:

             (1) Useful to consumers;

             (2) Nationally recognized; and

             (3) Reported in a standard and reliable manner.

      2.  The Department shall:

      (a) Publicize the availability of the Internet website;

      (b) Update the information contained on the Internet website at least quarterly;

      (c) Ensure that the information contained on the Internet website is accurate and reliable;

      (d) Ensure that the information reported by a hospital or surgical center for ambulatory patients for inpatients and outpatients which is contained on the Internet website is expressed as a total number and as a rate, and must be reported in a manner so as not to reveal the identity of a specific inpatient or outpatient of a hospital or surgical center for ambulatory patients;

      (e) Post a disclaimer on the Internet website indicating that the information contained on the website is provided to assist with the comparison of hospitals and is not a guarantee by the Department or its employees as to the charges imposed by the hospitals in this State or the quality of the services provided by the hospitals in this State, including, without limitation, an explanation that the actual amount charged to a person by a particular hospital may not be the same charge as posted on the website for that hospital;

      (f) Provide on the Internet website established pursuant to this section a link to the Internet website of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; and

      (g) Upon request, make the information that is contained on the Internet website available in printed form.

      3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

      Sec. 18. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Division shall:

      1.  Compile and post on an Internet website maintained by the Division information concerning the licensing status and quality of:

 


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      (a) Facilities for the treatment of abuse of alcohol or drugs;

      (b) Halfway houses for recovering alcohol and drug abusers;

      (c) Medical facilities that provide a program of treatment for the abuse of alcohol or drugs; and

      (d) To the extent that such information is available, unlicensed programs of treatment for the abuse of alcohol or drugs; and

      2.  Update the information described in subsection 1 at least annually.

      Sec. 19. NRS 449.030 is hereby amended to read as follows:

      449.030  Except as otherwise provided in NRS 449.03013, 449.03015 and 449.03017, no person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.029 to 449.2428, inclusive [.] , and section 18 of this act.

      Sec. 20. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.029 to 449.2428, inclusive, and section 18 of this act do not apply to:

      1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

      2.  Foster homes as defined in NRS 424.014.

      3.  Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.

      Sec. 21. NRS 449.0302 is hereby amended to read as follows:

      449.0302  1.  The Board shall adopt:

      (a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and section 18 of this act and for programs of hospice care.

      (b) Regulations governing the licensing of such facilities and programs.

      (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

      (d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

      (e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] , and section 18 of this act.

      2.  The Board shall adopt separate regulations governing the licensing and operation of:

      (a) Facilities for the care of adults during the day; and

      (b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

      3.  The Board shall adopt separate regulations for:

 


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      (a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

      (b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

      (c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

      4.  The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

      5.  In addition to the training requirements prescribed pursuant to NRS 449.093, the Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

      6.  The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

      (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

      (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

      (c) A written plan of care by a physician or registered nurse has been established that:

             (1) Addresses possession and assistance in the administration of the medication; and

             (2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

      (d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.

      (e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.

      7.  The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

      (a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

      (b) The residents of the facility reside in their own living units which:

             (1) Except as otherwise provided in subsection 8, contain toilet facilities;

             (2) Contain a sleeping area or bedroom; and

             (3) Are shared with another occupant only upon consent of both occupants.

 


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      (c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

             (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

             (2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

             (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;

             (4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his or her own life;

             (5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

             (6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

             (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

      8.  The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:

      (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

      (b) The exception, if granted, would not:

             (1) Cause substantial detriment to the health or welfare of any resident of the facility;

             (2) Result in more than two residents sharing a toilet facility; or

             (3) Otherwise impair substantially the purpose of that requirement.

      9.  The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

      (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

      (b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

      (c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

      (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

 


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      10.  The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

      (a) Facilities that only provide a housing and living environment;

      (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

      (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

Ê The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.

      11.  As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.

      Sec. 22. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 18 of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, and section 18 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 18 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.

      (f) Failure to comply with the provisions of NRS 449.2486.

      (g) Violation of the provisions of section 25 of this act.

      2.  In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:

 


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      (a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

      4.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Division pursuant to subsection 2.

      Sec. 23. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 18 of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

      (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

      (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

      (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

      (d) Impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

      (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

             (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

      2.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:

      (a) Suspend the license of the facility until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      3.  The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and section 18 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

 


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      4.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 18 of this act, 449.435 to 449.530, inclusive, and 449.760 and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

      Sec. 24. NRS 449.220 is hereby amended to read as follows:

      449.220  1.  The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.029 to 449.2428, inclusive [:] , and section 18 of this act:

      (a) Without first obtaining a license therefor; or

      (b) After his or her license has been revoked or suspended by the Division.

      2.  It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.

      Sec. 25. Chapter 458 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A treatment provider, a facility or an operator of an alcohol and drug abuse program, or a person who provides any form of advertising or marketing services on behalf of such a provider, facility or operator, shall not:

      (a) Make a false or misleading statement or provide false or misleading information about the products, goods, services or geographical locations of the treatment provider, facility or alcohol and drug abuse program in the marketing, advertising materials or media or on the Internet website of the treatment provider, facility or operator of the alcohol and drug abuse program;

      (b) Post or otherwise allow on the Internet website of the treatment provider, facility or alcohol and drug abuse program false information or electronic links, coding or activation that provides false information or that surreptitiously directs the reader to another Internet website;

      (c) Solicit, receive or attempt to solicit or receive a commission, benefit, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in or attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgment of treatment from the treatment provider, facility or operator of the alcohol and drug abuse program; or

      (d) Enter into a contract with a person who provides marketing services who agrees to generate referrals or leads for the placement of patients with the treatment provider, facility or operator of the alcohol and drug abuse program through a call center or web-based presence, unless the treatment provider, facility or operator of the alcohol and drug abuse program provides to the prospective patient:

             (1) A clear disclosure to inform the prospective patient that the person providing the marketing services represents a specific treatment provider, facility or operator of an alcohol and drug abuse program which pays a fee to the person providing the marketing services and the identity of the treatment provider, facility or operator of an alcohol and drug abuse program represented by the person; and

 


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             (2) Instructions on the manner in which any list of treatment providers, facilities or alcohol and drug abuse programs provided by the Division on its Internet website may be accessed.

      2.  The provisions of paragraph (d) of subsection 1 do not apply to a state agency, a contractor thereof or an entity that otherwise receives financial support from the State which refers a person to a treatment provider, facility or alcohol and drug abuse program that is operated or financially supported by the State.

      3.  Any violation of the provisions of this section is a misdemeanor.

      Sec. 26. NRS 458.110 is hereby amended to read as follows:

      458.110  In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, and section 25 of this act, the Division may engage in any activity necessary to effectuate the purposes of this chapter.

      Sec. 27. NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any licensee who:

      (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

      (b) Has obtained his or her license by the use of fraud or deceit.

      (c) Violates any of the provisions of this chapter.

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and section 18 of this act as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

      (e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.

      (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.

      2.  If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

      3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

      4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      5.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

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CHAPTER 292, SB 470

Senate Bill No. 470–Committee on Commerce and Labor

 

CHAPTER 292

 

[Approved: June 1, 2019]

 

AN ACT relating to health care; requiring the State Board of Health to require a medical facility, facility for the dependent or facility which is otherwise required to be licensed by regulations adopted by the Board to conduct training relating specifically to cultural competency for certain agents and employees of such a facility; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 4.5 of this bill requires the State Board of Health to, by regulation, require a medical facility, facility for the dependent or facility which is otherwise required to be licensed by regulations adopted by the Board pursuant to NRS 449.0303 to conduct training relating specifically to cultural competency for any agent or employee of such a facility who provides care to a patient or resident of the facility. Section 4.5 provides that such cultural competency training is required so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including patients or residents who are: (1) from various gender, racial and ethnic backgrounds; (2) from various religious backgrounds; (3) lesbian, gay, bisexual, transgender and questioning persons; (4) children and senior citizens; (5) persons with a mental or physical disability; and (6) part of any other population, as determined by the Board. Section 4.5 requires such training to be provided through a course or program that is approved by the Department of Health and Human 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:

 

      Sections 1-4. (Deleted by amendment.)

      Sec. 4.5. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To enable an agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who provides care to a patient or resident of the facility to more effectively treat patients or care for residents, as applicable, the Board shall, by regulation, require such a facility to conduct training relating specifically to cultural competency for any agent or employee of the facility who provides care to a patient or resident of the facility so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:

      (a) From various gender, racial and ethnic backgrounds;

      (b) From various religious backgrounds;

      (c) Lesbian, gay, bisexual, transgender and questioning persons;

      (d) Children and senior citizens;

 


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      (e) Persons with a mental or physical disability; and

      (f) Part of any other population that such an agent or employee may need to better understand, as determined by the Board.

      2.  The training relating specifically to cultural competency conducted by a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to subsection 1 must be provided through a course or program that is approved by the Department of Health and Human Services.

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

________

CHAPTER 293, SB 521

Senate Bill No. 521–Committee on Finance

 

CHAPTER 293

 

[Approved: June 1, 2019]

 

AN ACT making a supplemental appropriation to the Nevada Highway Patrol for an unanticipated shortfall in dignitary protection services for visiting dignitaries; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $113,000 for an unanticipated shortfall in dignitary protection services for visiting dignitaries. This appropriation is supplemental to that made by section 28 of chapter 396, Statutes of Nevada 2017, at page 2640.

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

________

 


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CHAPTER 294, SB 522

Senate Bill No. 522–Committee on Finance

 

CHAPTER 294

 

[Approved: June 1, 2019]

 

AN ACT making a supplemental appropriation to the Nevada Highway Patrol for an unanticipated shortfall in gasoline costs; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State Highway Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $384,277 for an unanticipated shortfall in gasoline costs. This appropriation is supplemental to that made by section 30 of chapter 396, Statutes of Nevada 2017, at page 2641.

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

________

CHAPTER 295, SB 86

Senate Bill No. 86–Committee on Commerce and Labor

 

CHAPTER 295

 

[Approved: June 1, 2019]

 

AN ACT relating to insurance; revising provisions governing the payment of the expenses for an examination of an insurer; eliminating certain requirements relating to reporting of closed claims for medical liability insurance; eliminating the requirement that certain expired, suspended or terminated certificates be surrendered; requiring certain insurers to file quarterly statements; eliminating certain countersignature requirements; revising certain requirements for an application for a certificate of registration as an administrator; revising provisions governing annual reports filed by an administrator; revising provisions requiring an adjuster to maintain in this State a place of business; authorizing the Commissioner of Insurance to designate certain insurers as domestic surplus lines insurers; revising provisions governing the appointment of the directors of a nonprofit organization of surplus lines brokers; revising provisions governing fees which may be charged by certain brokers; authorizing the Commissioner to assess against an insurer the actual cost for the external actuarial review of a rate filing of a health plan; revising requirements relating to certificates of registration as a provider of service contracts; authorizing the Commissioner to issue a certificate of dormancy to certain captive insurers; revising provisions governing state-chartered risk retention groups for

 


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consistency with the accreditation standards of the National Association of Insurance Commissioners; revising provisions governing the suspension or revocation of a license of a captive insurer; revising certain requirements relating to certain financial transactions by a captive insurer; establishing or revising minimum capital requirements for certain insurers; making certain provisions governing rates and service organizations and portability and accountability of certain health benefit plans applicable to health maintenance organizations; revising provisions governing insurers in receivership; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Commissioner of Insurance to examine insurers and certain other persons to ensure compliance with the provisions of the Nevada Insurance Code (Title 57 of NRS). (NRS 679B.230, 679B.240) Existing law provides that the person examined shall, upon presentation of a bill by the Commissioner, pay to the Commissioner the expenses of the examiner and assistants of the Commissioner, including reasonable and proper hotel and travel expenses, expert assistance, reasonable compensation of the examiners and assistants and necessary incidental expenses. (NRS 679B.290) Sections 1, 57 and 62 of this bill revise the types of expenses which may be collected from examinees and their method of collection and eliminate assistants of the Commissioner as persons whose expenses may be paid by examinees.

      Existing law requires insurers providing medical liability insurance to physicians and osteopathic physicians to report to the Division of Insurance certain information regarding closed claims. (NRS 630.130, 630.3069, 630.318, 633.286, 633.528, 633.529, 679B.144, 679B.440, 679B.460, 690B.260, 690B.360) Sections 2, 3, 33 and 71-77 of this bill eliminate those reporting requirements.

      Section 3.5 of this bill increases the annual assessment that the Commissioner is required to collect from each insurer authorized to transact insurance in this State.

      Existing law requires certain certificates of licensure, authority or registration which are issued by the Commissioner to be surrendered or delivered to the Commissioner upon expiration, suspension or termination thereof. (NRS 680A.160, 683A.08526, 683A.480, 684A.210, 684A.220, 684B.110, 684B.120, 685A.220, 686A.520, 689.160, 689.595, 695J.260, 696A.330, 697.360) Sections 4, 13, 17-20, 27, 28, 30, 31, 64, 70 and 78 of this bill eliminate the requirement that such certificates be surrendered or delivered.

      Existing law requires certain insurers to file certain annual reports and financial statements with the Commissioner of Insurance. (NRS 680A.270, 680A.280, 690B.150, 695B.160, 695C.210, 695D.260, 695F.320) Sections 5, 6, 32, 53, 56, 59 and 63 of this bill require certain insurers to also file quarterly statements with the Commissioner and the National Association of Insurance Commissioners.

      In 2009, the Legislature eliminated certain countersignature provisions which the 9th Circuit Court of Appeals had found to be unconstitutional in discriminating against Nevada nonresident producers of insurance by denying them the same rights and privileges as resident producers. (Council of Ins. Agents & Brokers v. Molasky-Arman, 522 F.3d 925 (9th Cir. 2008); NRS 680A.300, 680A.310) Sections 7 and 78 of this bill eliminate certain remaining countersignature requirements and references thereto.

      Section 10 of this bill revises the applicability of specified limitations on an insurer’s investment in certain types of real estate.

 


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      Existing law requires an application for a certificate of registration as an administrator to be accompanied by a financial statement which includes an income statement and balance sheet. (NRS 683A.08522) Section 11 of this bill requires the financial statement, income statement and balance sheet to have been reviewed by an independent certified public accountant.

      Existing law requires the Commissioner to submit certain information supplied by an applicant for a certificate of registration as an administrator to the Division of Industrial Relations of the Department of Business and Industry for final approval. (NRS 683A.08524) Section 12 of this bill requires the Commissioner to submit the information to the Division only if the applicant seeks final approval by the Division in accordance with regulations governing industrial insurance as adopted by the Administrator of the Division.

      Existing law requires an administrator who files an annual report which contains certain financial statements and other information to pay a filing fee in an amount determined by the Commissioner. Existing law also requires the Commissioner, after reviewing the annual report and accompanying financial statement, to identify any deficiency found in the annual report or submit certain information to an electronic database maintained by the National Association of Insurance Commissioners or its affiliate or subsidiary. (NRS 683A.08528) Section 14 of this bill eliminates these requirements.

      Existing law requires every adjuster to have and maintain in this State a place of business. (NRS 684A.170) Section 15 of this bill limits this requirement to adjusters who are residents of this State.

      Existing law requires an adjuster to retain records of all transactions under his or her license for at least 3 years. (NRS 684A.180) Section 16 of this bill revises this period of retention to at least 3 years after the closure of the claim to which the records apply.

      Sections 21-26 of this bill: (1) authorize the Commissioner to designate an insurer which is domiciled in this State and meets certain requirements as a domestic surplus lines insurer; and (2) establish certain requirements and limitations on the transaction of the business of insurance by and with, a domestic surplus lines insurer.

      Existing law provides that the members of the board of directors of a nonprofit organization of surplus lines brokers must be appointed by the Commissioner and serve at the pleasure of the Commissioner. (NRS 685A.075) Section 26.3 of this bill provides that: (1) the directors must be appointed in accordance with the bylaws of the organization; and (2) any proposed director may be disapproved by the Commissioner and serves at the pleasure of the Commissioner.

      Existing law: (1) authorizes a broker who places any insurance coverage which the Commissioner has made available for export to charge a fee for procuring surplus lines coverage; and (2) except under certain circumstances, prohibits that fee from exceeding 20 percent of the premium charged, after deducting any other commissions, fees and charges payable to the broker. (NRS 685A.155) Section 26.5 of this bill revises these provisions to: (1) provide that the fee is authorized to be charged by the licensed surplus lines broker who is first engaged by or on behalf of an applicant for insurance; and (2) clarify the calculation of the limit on the amount of the fee charged.

      Existing law requires the Commissioner to consider each proposed increase or decrease in the rate of a health plan. (NRS 686B.112) Section 29 of this bill: (1) requires the Commissioner to perform an actuarial review of each rate filing; and (2) authorizes the Commissioner to assess against an insurer the actual cost for the external actuarial review of such a filing.

      Existing law establishes the requirements for the application for, and issuance and renewal of, a certificate of registration as a provider of service contracts. (NRS 690C.160) Section 34 of this bill: (1) increases from $1,000 to $2,000 the fee that must be paid at the time of application; (2) increases the term of a certificate of registration from 1 year to 2 years; (3) increases the fee for the renewal of a certificate from $1,000 to $2,000; and (4) requires a provider to submit his or her application and fee for renewal not later than 60 days before his or her certificate expires.

 


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      Sections 36 and 37 of this bill authorize the Commissioner to issue a certificate of dormancy to a captive insurer which elects to cease transacting the business of insurance and complies with certain requirements and conditions.

      Sections 39-44, 46 and 49-51 of this bill revise provisions governing captive insurers to distinguish between association captive insurers and state-chartered risk retention groups for consistency with the accreditation standards of the National Association of Insurance Commissioners.

      Existing law authorizes the Commissioner to suspend or revoke the license of a captive insurer after an examination and hearing if the Commissioner makes certain determinations. (NRS 694C.270) Section 45 of this bill eliminates the requirement for an examination and clarifies that failure to pay required taxes on premiums is one of the grounds on which a license may be suspended or revoked.

      Existing law prohibits a captive insurer from transacting insurance in this State unless the captive insurer has made adequate arrangements with a bank located in this State. (NRS 694C.310) Section 47 of this bill revises this provision to include a state-chartered bank, state-chartered credit union or state-licensed thrift company that is located in this State and a federally chartered bank that has a branch that is located in this State.

      Existing law prohibits a captive insurer from paying certain dividends or certain other distributions unless the captive insurer has obtained the prior approval of the Commissioner. (NRS 694C.330) Section 48 of this bill requires the prior approval of the Commissioner for: (1) a captive insurer other than a state-chartered risk retention group to pay only certain extraordinary dividends or certain other extraordinary distributions; and (2) a state-chartered risk retention group to pay any dividends or distributions.

      Sections 52, 54, 58 and 61 of this bill: (1) establish minimum capital requirements for nonprofit corporations for hospital, medical and dental services, health maintenance organizations, organizations that provide plans for dental care; and (2) revise such requirements for prepaid limited health service organizations.

      Section 55 of this bill provides that provisions governing rates and service organizations apply to health maintenance organizations.

      Section 55.5 of this bill provides that provisions governing portability and accountability of individual health benefit plans apply to health maintenance organizations.

      Sections 66-69 of this bill: (1) require the receiver of an insurer in receivership and each guaranty association which is affected by the delinquency proceedings to file certain financial reports as established or specified by the National Association of Insurance Commissioners; and (2) revise provisions to include references to the Insurer Receivership Model Act adopted by the National Association of Insurance Commissioners.

 

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 679B.290 is hereby amended to read as follows:

      679B.290  1.  Except as otherwise provided in subsection 2:

      (a) The expense of examination of an insurer, or of any person referred to in subsection 1, 2, 5 or 6 of NRS 679B.240, must be borne by the person examined. Such expense includes only the reasonable [and proper hotel and travel expenses] compensation and per diem allowance of the [Commissioner and the] examiners [and assistants] of the Commissioner, including expert assistance, [reasonable compensation as to such examiners and assistants] and incidental expenses as necessarily incurred in the examination. As to expense [and compensation] involved in any such examination, the Commissioner shall give due consideration to scales and limitations recommended by the National Association of Insurance Commissioners and outlined in the examination manual sponsored by that association.

 


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examination, the Commissioner shall give due consideration to scales and limitations recommended by the National Association of Insurance Commissioners and outlined in the examination manual sponsored by that association.

      (b) The person examined shall promptly pay [to the Commissioner] the expenses of the examination upon presentation by the Commissioner of a reasonably detailed written statement thereof.

      2.  The Commissioner may bill an insurer for the examination of any person referred to in subsection 1 of NRS 679B.240 and shall adopt regulations governing such billings.

      Sec. 2. NRS 679B.440 is hereby amended to read as follows:

      679B.440  1.  The Commissioner may require that reports submitted pursuant to NRS 679B.430 include, without limitation, information regarding:

      (a) Liability insurance provided to:

             (1) Governmental agencies and political subdivisions of this State, reported separately for:

                   (I) Cities and towns;

                   (II) School districts; and

                   (III) Other political subdivisions;

             (2) Public officers;

             (3) Establishments where alcoholic beverages are sold;

             (4) Facilities for the care of children;

             (5) Labor, fraternal or religious organizations; and

             (6) Officers or directors of organizations formed pursuant to title 7 of NRS, reported separately for nonprofit entities and entities organized for profit;

      (b) Liability insurance for:

             (1) Defective products;

             (2) Medical or dental malpractice of:

                   (I) A practitioner licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639 or 640 of NRS;

                   (II) A hospital or other health care facility; or

                   (III) Any related corporate entity.

             (3) Malpractice of attorneys;

             (4) Malpractice of architects and engineers; and

             (5) Errors and omissions by other professionally qualified persons;

      (c) Vehicle insurance, reported separately for:

             (1) Private vehicles;

             (2) Commercial vehicles;

             (3) Liability insurance; and

             (4) Insurance for property damage; and

      (d) Workers’ compensation insurance . [; and

      (e) In addition to any information provided pursuant to subparagraph (2) of paragraph (b) or NRS 690B.260, a policy of insurance for medical malpractice. As used in this paragraph, “policy of insurance for medical malpractice” has the meaning ascribed to it in NRS 679B.144.]

      2.  The Commissioner may require that the report include, without limitation, information specifically pertaining to this State or to an insurer in its entirety, in the aggregate or by type of insurance, and for a previous or current year, regarding:

      (a) Premiums directly written;

      (b) Premiums directly earned;

      (c) Number of policies issued;

 


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      (d) Net investment income, using appropriate estimates when necessary;

      (e) Losses paid;

      (f) Losses incurred;

      (g) Loss reserves, including:

             (1) Losses unpaid on reported claims; and

             (2) Losses unpaid on incurred but not reported claims;

      (h) Number of claims, including:

             (1) Claims paid; and

             (2) Claims that have arisen but are unpaid;

      (i) Expenses for adjustment of losses, including allocated and unallocated losses;

      (j) Net underwriting gain or loss;

      (k) Net operation gain or loss, including net investment income; and

      (l) Any other information requested by the Commissioner.

      3.  The Commissioner may also obtain, based upon an insurer in its entirety, information regarding:

      (a) Recoverable federal income tax;

      (b) Net unrealized capital gain or loss; and

      (c) All other expenses not included in subsection 2.

      Sec. 3. NRS 679B.460 is hereby amended to read as follows:

      679B.460  1.  An insurer who willfully or repeatedly violates or fails to comply with a provision of NRS 679B.400 to 679B.440, inclusive, [or 690B.260] or a regulation adopted pursuant to NRS 679B.430 is subject, after notice and a hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to payment of an administrative fine of not more than $1,000 for each day of the violation or failure to comply, up to a maximum fine of $50,000.

      2.  An insurer who fails or refuses to comply with an order issued by the Commissioner pursuant to NRS 679B.430 is subject, after notice and a hearing held pursuant to NRS 679B.310 to 679B.370, inclusive, to suspension or revocation of the insurer’s certificate of authority to transact insurance in this state.

      3.  The imposition of an administrative fine pursuant to this section must not be considered by the Commissioner in any other administrative proceeding unless the fine has been paid or a court order for payment of the fine has become final.

      Sec. 3.5. NRS 679B.700 is hereby amended to read as follows:

      679B.700  1.  The Special Investigative Account is hereby established in the Fund for Insurance Administration and Enforcement created by NRS 680C.100 for use by the Commissioner. The Commissioner shall deposit all money received pursuant to this section with the State Treasurer for credit to the Account. Money remaining in the Account at the end of a fiscal year does not lapse to the State General Fund and may be used by the Commissioner in any subsequent fiscal year for the purposes of this section.

      2.  The Commissioner shall:

      (a) In cooperation with the Attorney General, biennially prepare and submit to the Governor, for inclusion in the executive budget, a proposed budget for the program established pursuant to NRS 679B.630; and

      (b) Authorize expenditures from the Special Investigative Account to pay the expenses of the program established pursuant to NRS 679B.630 and of any unit established in the Office of the Attorney General that investigates and prosecutes insurance fraud.

 


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      3.  The money authorized for expenditure pursuant to paragraph (b) of subsection 2 must be distributed in the following manner:

      (a) Fifteen percent of the money authorized for expenditure must be paid to the Commissioner to oversee and enforce the program established pursuant to NRS 679B.630; and

      (b) Eighty-five percent of the money authorized for expenditure must be paid to the Attorney General to pay the expenses of the unit established in the Office of the Attorney General that investigates and prosecutes insurance fraud.

      4.  Except as otherwise provided in subsection 5, costs of the program established pursuant to NRS 679B.630 must be paid by the insurers authorized to transact insurance in this State. The Commissioner shall collect an annual assessment from each insurer authorized to transact insurance in this State. The annual amount so assessed to each insurer:

      (a) Is [$500,] $1,000, if the total amount of the premiums charged to insureds in this State by the insurer is less than $100,000 or if the insurer is a reinsurer that has the authority to assume only reinsurance;

      (b) Is [$750,] $1,500, if the total amount of the premiums charged to insureds in this State by the insurer is $100,000 or more, but less than $1,000,000;

      (c) Is [$1,000,] $2,000, if the total amount of the premiums charged to insureds in this State by the insurer is $1,000,000 or more, but less than $10,000,000;

      (d) Is [$1,500,] $3,000, if the total amount of the premiums charged to insureds in this State by the insurer is $10,000,000 or more, but less than $50,000,000; and

      (e) Is [$2,000,] $4,000, if the total amount of the premiums charged to insureds in this State by the insurer is $50,000,000 or more.

      5.  The provisions of this section do not apply to an insurer who provides only workers’ compensation insurance and pays the assessment provided in NRS 232.680.

      6.  The Commissioner shall adopt regulations to carry out the provisions of this section, including, without limitation, the collection of the assessment.

      7.  As used in this section, “reinsurer” has the meaning ascribed to it in NRS 681A.370.

      Sec. 4. NRS 680A.160 is hereby amended to read as follows:

      680A.160  1.  If upon completion of its application the Commissioner finds that the insurer has met the requirements therefor under this Code, the Commissioner may issue to the insurer a proper certificate of authority; if the Commissioner does not so find, the Commissioner shall issue an order refusing such certificate.

      2.  The certificate, if issued, shall state the insurer’s name, home office address, state or country of organization, and the kinds of insurance the insurer is authorized to transact throughout Nevada. At the insurer’s request, the Commissioner may issue a certificate of authority limited to particular types of insurance or coverages within a kind of insurance as defined in NRS 681A.010 to 681A.080, inclusive (kinds of insurance).

      3.  Although issued and delivered to the insurer, the certificate of authority at all times shall be the property of the State of Nevada. [Upon any expiration, suspension or termination thereof the insurer shall promptly deliver the certificate to the Commissioner.]

 


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      Sec. 5. NRS 680A.270 is hereby amended to read as follows:

      680A.270  1.  Each authorized insurer shall annually on or before March 1, or within any reasonable extension of time therefor which the Commissioner for good cause may have granted on or before that date, file with the Commissioner a full and true statement of its financial condition, transactions and affairs as of December 31 preceding. The statement must be:

      (a) In the general form and context of, and require information as called for by, an annual statement as is currently in general and customary use in the United States for the type of insurer and kinds of insurance to be reported upon, with any useful or necessary modification or adaptation thereof, supplemented by additional information required by the Commissioner;

      (b) Prepared in accordance with:

             (1) The Annual Statement Instructions for the type of insurer to be reported on as adopted by the National Association of Insurance Commissioners for the year in which the insurer files the statement; and

             (2) The Accounting Practices and Procedures Manual adopted by the National Association of Insurance Commissioners and effective on January 1, 2001, and as amended by the National Association of Insurance Commissioners after that date; and

      (c) Verified by the oath of the insurer’s president or vice president and secretary or actuary, as applicable, or, in the absence of the foregoing, by two other principal officers, or if a reciprocal insurer, by the oath of the attorney-in-fact, or its like officers if a corporation.

      2.  The statement of an alien insurer must be verified by its United States manager or other officer who is authorized to do so, and may relate only to the insurer’s transactions and affairs in the United States unless the Commissioner requires otherwise. If the Commissioner requires a statement as to the insurer’s affairs throughout the world, the insurer shall file the statement with the Commissioner as soon as reasonably possible.

      3.  The Commissioner may refuse to continue, or may suspend or revoke, the certificate of authority of any insurer failing to file its annual statement when due.

      4.  At the time of filing [,] its annual statement with the Commissioner, the insurer shall pay the fee for filing its annual statement as prescribed by NRS 680B.010.

      5.  Each domestic insurer shall file with the Commissioner and the National Association of Insurance Commissioners a quarterly statement in the form most recently adopted by the National Association of Insurance Commissioners for that type of insurer. The quarterly statement must be:

      (a) Prepared in accordance with the instructions which are applicable to that form, including, without limitation, the required date of submission for the form; and

      (b) Filed by electronic means.

      6.  The Commissioner may adopt regulations requiring each domestic, foreign and alien insurer which is authorized to transact insurance in this state to file the insurer’s annual statement with the National Association of Insurance Commissioners or its successor organization.

      [6.]7.  Except as otherwise provided in NRS 239.0115, all work papers, documents and materials prepared pursuant to this section by or on behalf of the Division are confidential and must not be disclosed by the Division.

 


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      [7.]8.  To the extent that the Annual Statement Instructions referenced in subparagraph (1) of paragraph (b) of subsection 1 or the instructions for the preparation of quarterly statements referenced in paragraph (a) of subsection 5 require the disclosure of compensation paid to or on behalf of an insurer’s officers, directors or employees, the information may be filed with the Commissioner and the National Association of Insurance Commissioners as [an exhibit] exhibits separate from the [statement] annual and quarterly statements required by this section. Except as otherwise provided in NRS 239.0115, the compensation information described in this subsection is confidential and must not be disclosed by the Division.

      Sec. 6. NRS 680A.280 is hereby amended to read as follows:

      680A.280  1.  Any insurer failing, without just cause beyond the reasonable control of the insurer, to file [an annual] a statement as required in NRS 680A.265 and 680A.270 shall be required to pay a penalty of $100 for each day’s delay, but not to exceed $3,000 in aggregate amount, to be recovered in the name of the State of Nevada by the Attorney General.

      2.  Any director, officer, agent or employee of any insurer who subscribes to, makes or concurs in making or publishing, any annual or other statement required by law, knowing the same to contain any material statement which is false, is guilty of a gross misdemeanor.

      Sec. 7. NRS 680A.300 is hereby amended to read as follows:

      680A.300  1.  [Except as provided in NRS 680A.310, no] No authorized insurer may make, write, place, renew or cause to be made, placed or renewed, any policy or duplicate policy, endorsement or contract of insurance of any kind upon persons, property or risks resident, located or to be performed in this State, except through its duly appointed and licensed agents . [, any one of whom shall countersign the policy, endorsement or contract.]

      2.  [Where two or more insurers jointly issue a single policy, the policy may be countersigned, on behalf of all insurers appearing thereon, by a duly appointed and licensed agent of any one insurer.

      3.]  In any case where it is necessary to execute an emergency bond and a commissioned agent authorized to execute the bond is not present, a manager or other employee of the insurer having authority under a power of attorney may execute the bond in order to produce a valid contract between the insurer and the obligee. [The bond must subsequently be countersigned by a commissioned agent who is authorized to execute the bond.] The commissioned agent who executes the bond shall make and retain an adequate office record of the transaction.

      [4.  An insurer may use an endorsement to the policy for the sole purpose of countersigning the policy, as required in this section, only if:

      (a) The endorsement is attached to the policy to which it applies; and

      (b) The policy insures persons or property in this State and one or more other states.]

      Sec. 8. (Deleted by amendment.)

      Sec. 9. NRS 680C.110 is hereby amended to read as follows:

      680C.110  1.  In addition to any other fee or charge, the Commissioner shall collect in advance and receipt for, and persons so served must pay to the Commissioner, the fees required by this section.

      2.  A fee required by this section must be:

      (a) If an initial fee, paid at the time of an initial application or issuance of a license, as applicable;

 


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      (b) Except as otherwise provided in NRS 680A.180, 683A.378, 686A.380, 690C.160, 694C.230, 695A.080, 695B.135, 695D.150, 695H.090 and 696A.150, if an annual fee, paid on or before the date established by regulation of the Commissioner;

      (c) If a triennial fee, paid on or before the time of continuation, renewal or other similar action in regard to a certificate, license, permit or other type of authorization, as applicable; and

      (d) Deposited in the Fund for Insurance Administration and Enforcement created by NRS 680C.100.

      3.  The fees required pursuant to this section are not refundable.

      4.  The following fees must be paid by the following persons to the Commissioner:

      (a) Associations of self-insured private employers, as defined in NRS 616A.050:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (b) Associations of self-insured public employers, as defined in NRS 616A.055:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (c) Independent review organizations, as provided for in NRS 616A.469 or 683A.3715, or both:

             (1) Initial fee............................................................................................... $60

             (2) Annual fee........................................................................................... $60

      (d) Producers of insurance, as defined in NRS 679A.117:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (e) Reinsurers, as provided for in NRS 681A.1551 or 681A.160, as applicable:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (f) Intermediaries, as defined in NRS 681A.330:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (g) Reinsurers, as defined in NRS 681A.370:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (h) Administrators, as defined in NRS 683A.025:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (i) Managing general agents, as defined in NRS 683A.060:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (j) Agents who perform utilization reviews, as defined in NRS 683A.376:

             (1) Initial fee............................................................................................... $60

             (2) Annual fee........................................................................................... $60

      (k) Insurance consultants, as defined in NRS 683C.010:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

 


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      (l) Independent adjusters, as defined in NRS 684A.030:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (m) Public adjusters, as defined in NRS 684A.030:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (n) Associate adjusters, as defined in NRS 684A.030:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (o) Motor vehicle physical damage appraisers, as defined in NRS 684B.010:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (p) Brokers, as defined in NRS 685A.031:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (q) Companies, as defined in NRS 686A.330:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (r) Rate service organizations, as defined in NRS 686B.020:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (s) Brokers of viatical settlements, as defined in NRS 688C.030:

             (1) Initial fee............................................................................................... $60

             (2) Annual fee........................................................................................... $60

      (t) Providers of viatical settlements, as defined in NRS 688C.080:

             (1) Initial fee............................................................................................... $60

             (2) Annual fee........................................................................................... $60

      (u) Agents for prepaid burial contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (v) Agents for prepaid funeral contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (w) Sellers of prepaid burial contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (x) Sellers of prepaid funeral contracts subject to the provisions of chapter 689 of NRS:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (y) Providers, as defined in NRS 690C.070:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

 


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      (z) Escrow officers, as defined in NRS 692A.028:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (aa) Title agents, as defined in NRS 692A.060:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (bb) Captive insurers, as defined in NRS 694C.060:

             (1) Initial fee............................................................................................. $250

             (2) Annual fee......................................................................................... $250

      (cc) Insurance agents for societies, as provided for in NRS 695A.330:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (dd) Purchasing groups, as defined in NRS 695E.100:

             (1) Initial fee............................................................................................. $250

             (2) Annual fee......................................................................................... $250

      (ee) Risk retention groups, as defined in NRS 695E.110:

             (1) Initial fee............................................................................................. $250

             (2) Annual fee......................................................................................... $250

      (ff) Medical discount plans, as defined in NRS 695H.050:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (gg) Club agents, as defined in NRS 696A.040:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (hh) Motor clubs, as defined in NRS 696A.050:

             (1) Initial fee.......................................................................................... $1,300

             (2) Annual fee...................................................................................... $1,300

      (ii) Bail agents, as defined in NRS 697.040:

             (1) Initial fee............................................................................................... $60

            (2) Triennial fee......................................................................................... $60

      (jj) Bail enforcement agents, as defined in NRS 697.055:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (kk) Bail solicitors, as defined in NRS 697.060:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (ll) General agents, as defined in NRS 697.070:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      (mm) Exchange enrollment facilitators, as defined in NRS 695J.050:

             (1) Initial fee............................................................................................... $60

             (2) Triennial fee......................................................................................... $60

      5.  An initial fee of $1,000 must be paid to the Commissioner by each:

      (a) Insurer who is authorized to transact casualty insurance, as defined in NRS 681A.020;

      (b) Insurer who is authorized to transact health insurance, as defined in NRS 681A.030;

 


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      (c) Insurer who is authorized to transact life insurance, as defined in NRS 681A.040;

      (d) Insurer who is authorized to transact property insurance, as defined in NRS 681A.060;

      (e) Title insurer, as defined in NRS 692A.070;

      (f) Fraternal benefit society, as defined in NRS 695A.010;

      (g) Corporation subject to the provisions of chapter 695B of NRS;

      (h) Health maintenance organization, as defined in NRS 695C.030;

      (i) Organization for dental care, as defined in NRS 695D.060; and

      (j) Prepaid limited health service organization, as defined in NRS 695F.050.

      6.  An insurer who is required to pay an initial fee of $1,000 pursuant to subsection 5 shall also pay to the Commissioner an annual fee in an amount determined by the Commissioner. When determining the amount of the annual fee, the Commissioner must consider:

      (a) The direct written premiums reported to the Commissioner by the insurer during the previous year;

      (b) The number of insurers who are required to pay an annual fee pursuant to this subsection;

      (c) The direct written premiums reported during the previous year by all insurers paying such fees; and

      (d) The budget of the Division.

      7.  An insurer who is not required to pay an initial or annual fee pursuant to subsection 4 or subsections 5 and 6 shall pay to the Commissioner an initial fee of $1,300 and an annual fee of $1,300.

      Sec. 10. NRS 682A.436 is hereby amended to read as follows:

      682A.436  1.  An insurer shall not acquire an investment in accordance with the provisions of NRS 682A.430 if, as a result of and after giving effect to the investment, the aggregate amount of all investments held by the insurer pursuant to that section would exceed:

      (a) One percent of its admitted assets in mortgage loans covering any one secured location;

      (b) One-quarter of one percent of its admitted assets in construction loans covering any one secured location; or

      (c) Two percent of its admitted assets in construction loans in the aggregate.

      2.  An insurer shall not acquire an investment under NRS 682A.432 if, as a result of and after giving effect to the investment and any outstanding guarantees made by the insurer in connection with the investment, the aggregate amount of investments held by the insurer under NRS 682A.432 plus the guarantees outstanding would exceed:

      (a) One percent of its admitted assets in one parcel or group of contiguous parcels of real estate, except that this limitation does not apply to that portion of real estate used for the direct provision of health care services by an accident and health insurer for its insureds, such as hospitals, medical clinics, medical professional buildings or other health facilities used for the purpose of providing health services; or

      (b) Fifteen percent of its admitted assets in the aggregate, but not more than 5 percent of its admitted assets as to properties that are to be improved or developed.

      3.  An insurer shall not acquire an investment pursuant to NRS 682A.430 or 682A.432 if, as a result of and after giving effect to the investment and any guarantees made by the insurer in connection with the investment, the aggregate amount of all investments held by the insurer in accordance with those sections plus the guarantees outstanding would exceed 45 percent of the insurer’s admitted assets.

 


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investment and any guarantees made by the insurer in connection with the investment, the aggregate amount of all investments held by the insurer in accordance with those sections plus the guarantees outstanding would exceed 45 percent of the insurer’s admitted assets. An insurer may exceed this limitation by not more than 30 percent of the insurer’s admitted assets if:

      (a) This increased amount is invested only in residential mortgage loans;

      (b) The insurer has not more than 10 percent of the insurer’s admitted assets invested in mortgage loans other than residential mortgage loans;

      (c) The loan-to-value ratio of each residential mortgage loan does not exceed 60 percent at the time the mortgage loan is qualified pursuant to this increased authority, and the fair market value is supported by an appraisal that is not more than 2 years old and prepared by an independent appraiser;

      (d) A single mortgage loan qualified pursuant to this increased authority does not exceed 0.5 percent of the insurer’s admitted assets;

      (e) The insurer files with the Commissioner, and receives approval from the Commissioner for, a plan that is designed to result in a portfolio of residential mortgage loans that is sufficiently geographically diversified; and

      (f) The insurer agrees to file annually with the Commissioner records which demonstrate that the insurer’s portfolio of residential mortgage loans is geographically diversified in accordance with the plan.

      4.  The limitations of NRS 682A.402, 682A.404 and 682A.406 do not apply to an insurer’s acquisition of real estate under NRS [682A.432.] 682A.434. An insurer shall not acquire real estate under NRS [682A.432] 682A.434 if, as a result of and after giving effect to the acquisition, the aggregate amount of real estate held by the insurer in accordance with that section would exceed 10 percent of its admitted assets. With the approval of the Commissioner, additional amounts of real estate may be acquired under NRS [682A.432.] 682A.434.

      Sec. 11. NRS 683A.08522 is hereby amended to read as follows:

      683A.08522  Each application for a certificate of registration as an administrator must include or be accompanied by:

      1.  A financial statement [that is certified by an officer] of the applicant that has been reviewed by an independent certified public accountant and [must include:] which includes:

      (a) [The] A statement regarding the amount of money that the applicant expects to collect from or disburse to residents of this state during the next calendar year . [;]

      (b) Financial information for the 90 days immediately preceding the date the application was filed with the Commissioner . [; and]

      (c) An income statement and balance sheet for the 2 years immediately preceding the application that are [prepared] :

             (1) Prepared in accordance with generally accepted accounting principles [. The submission by the applicant of his or her consolidated income statement and balance sheet does not constitute compliance with the provisions of this paragraph.] ; and

             (2) Reviewed by an independent certified public accountant.

      (d) A certification of the financial statement by an officer of the applicant.

      2.  The documents used to create the business association of the administrator, including articles of incorporation, articles of association, a partnership agreement, a trust agreement and a shareholders’ agreement.

 


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      3.  The documents used to regulate the internal affairs of the administrator, including the bylaws, rules or regulations of the administrator.

      4.  A certificate of registration issued pursuant to NRS 600.350 for a trade name or trademark used by the administrator [.] , if applicable.

      5.  An organizational chart that identifies each person who directly or indirectly controls the administrator and each affiliate of the administrator.

      6.  A notarized affidavit from each person who manages or controls the administrator, including each member of the board of directors or board of trustees, each officer, partner and member of the business association of the administrator, and each shareholder of the administrator who holds not less than 10 percent of the voting stock of the administrator. The affidavit must include:

      (a) The personal history, business record and insurance experience of the affiant;

      (b) Whether the affiant has been investigated by any regulatory authority or has had any license or certificate denied, suspended or revoked in any state; and

      (c) Any other information that the Commissioner may require.

      7.  The complete name and address of each office of the administrator, including offices located outside this state.

      8.  A statement that sets forth whether the administrator has:

      (a) Held a license or certificate to transact any kind of insurance in this state or any other state and whether that license or certificate has been refused, suspended or revoked;

      (b) Been indebted to any person and, if so, the circumstances of that debt; and

      (c) Had an administrative agreement cancelled and, if so, the circumstances of that cancellation.

      9.  A statement that describes the business plan of the administrator. The statement must include information:

      (a) Concerning the number of persons on the staff of the administrator and the activities proposed in this state or in any other state.

      (b) That demonstrates the capability of the administrator to provide a sufficient number of experienced and qualified persons for the processing of claims, the keeping of records and, if applicable, underwriting.

      10.  If the applicant intends to solicit new or renewal business, proof that the applicant employs or has contracted with a producer of insurance licensed in this state to solicit and take applications. An applicant who intends to solicit insurance contracts directly or to act as a producer must provide proof that the applicant is licensed as a producer in this state.

      Sec. 12. NRS 683A.08524 is hereby amended to read as follows:

      683A.08524  1.  Except as otherwise provided in subsection 2 or 3, the Commissioner shall issue a certificate of registration as an administrator to an applicant who:

      (a) Submits an application on a form prescribed by the Commissioner;

      (b) Has complied with the provisions of NRS 683A.08522; and

      (c) Pays the fee for the issuance of a certificate of registration prescribed in NRS 680B.010 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.

      2.  The Commissioner may refuse to issue a certificate of registration as an administrator to an applicant if the Commissioner determines that the applicant or any person who has completed an affidavit pursuant to subsection 6 of NRS 683A.08522:

 


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      (a) Is not competent to act as an administrator;

      (b) Is not trustworthy or financially responsible;

      (c) Does not have a good personal or business reputation;

      (d) Has had a license or certificate to transact insurance denied for cause, suspended or revoked in this state or any other state;

      (e) Has failed to comply with any provision of this chapter; or

      (f) Is financially unsound.

      3.  [The Commissioner shall submit the information supplied by an applicant pursuant to subsection 1 to] If an applicant seeks final approval by the Division of Industrial Relations of the Department of Business and Industry [for final approval] in accordance with [the] regulations adopted pursuant to subsection 8 of NRS 616A.400 [.] , the Commissioner shall submit to the Division the information supplied by the applicant pursuant to subsection 1. Unless the Division provides final approval for the applicant to the Commissioner, the Commissioner shall not issue a certificate of registration as an administrator to the applicant.

      Sec. 13. NRS 683A.08526 is hereby amended to read as follows:

      683A.08526  1.  A certificate of registration as an administrator is valid for 3 years after the date the Commissioner issues the certificate to the administrator.

      2.  An administrator may renew a certificate of registration if the administrator submits to the Commissioner:

      (a) An application on a form prescribed by the Commissioner; and

      (b) The fee for the renewal of the certificate of registration prescribed in NRS 680B.010 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.

      [3.  A certificate of registration that is suspended or revoked must be surrendered immediately to the Commissioner.]

      Sec. 14. NRS 683A.08528 is hereby amended to read as follows:

      683A.08528  1.  Not later than 90 days after the expiration of the fiscal year of the administrator, or within such other period as the Commissioner may allow, each holder of a certificate of registration as an administrator shall file with the Commissioner an annual report for that fiscal year. Each annual report must be verified by at least two officers of the administrator.

      2.  Each annual report filed pursuant to this section must include all the following:

      (a) A financial statement of the administrator that has been reviewed by an independent certified public accountant.

      (b) The complete name and address of each person, if any, for whom the administrator agreed to act as an administrator during the fiscal year.

      (c) A statement regarding the total money handled by the administrator on behalf of contracted entities in connection with his or her activities as an administrator. The statement must be on a form prescribed or approved by the Commissioner for the purpose of calculating the amount of the bond required by NRS 683A.0857.

      (d) Any other information required by the Commissioner.

      3.  Except as otherwise provided in subsection 4, in addition to the information required pursuant to subsection 2, if an annual report is prepared on a consolidated basis, the annual report must include supplemental exhibits that:

 


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      (a) Have been reviewed by an independent certified public accountant; and

      (b) Include a balance sheet and income statement for each holder of a certificate of registration as an administrator in this State.

      4.  In lieu of complying with the requirements set forth in paragraphs (a) and (b) of subsection 3, an administrator who is a wholly owned subsidiary of a parent company may submit to the Commissioner:

      (a) The financial statement of the parent company that has been audited by an independent certified public accountant; and

      (b) A parental guaranty that is signed by an officer of the parent company and which guarantees the financial solvency of the administrator.

      5.  [Each administrator who files an annual report pursuant to this section shall, at the time of filing the annual report, pay a filing fee in an amount determined by the Commissioner.

      6.]  The Commissioner shall, for each administrator, review the annual report that is most recently filed by the administrator. As soon as practicable after reviewing the report, the Commissioner shall [:

      (a) Issue] issue a certificate to the administrator [:

             (1) Indicating] indicating that, based on the annual report and accompanying financial statement, the administrator [has a positive net worth and] is currently licensed and in good standing in this State . [; or

             (2) Setting forth any deficiency found by the Commissioner in the annual report and accompanying financial statement; or

      (b) Submit a statement to any electronic database maintained by the National Association of Insurance Commissioners or any affiliate or subsidiary of the Association:

             (1) Indicating that, based on the annual report and accompanying financial statement, the administrator has a positive net worth and is in compliance with existing law; or

             (2) Setting forth any deficiency found by the Commissioner in the annual report and accompanying financial statement.]

      Sec. 15. NRS 684A.170 is hereby amended to read as follows:

      684A.170  1.  Every adjuster who is a resident of this State shall have and maintain in this state a place of business accessible to the public and from which the licensee principally conducts transactions under his or her license. The address of such place shall appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the Commissioner in writing of any change thereof. Nothing in this section shall prohibit the maintenance of such place in the licensee’s residence in this state.

      2.  The license of the licensee and those of associate adjusters employed by the licensee shall be conspicuously displayed in such place of business in a part thereof customarily open to the public.

      Sec. 16. NRS 684A.180 is hereby amended to read as follows:

      684A.180  1.  Each adjuster shall keep at his or her business address shown on the adjuster’s license a record of all transactions under the license.

      2.  The record shall include:

      (a) A copy of each contract between an independent adjuster and an insurer or self-insurer.

      (b) A copy of all investigations or adjustments undertaken.

      (c) A statement of any fee, commission or other compensation received or to be received by the adjuster on account of such investigation or adjustment.

 


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      3.  The adjuster shall make such records available for examination by the Commissioner at all times, and shall retain the records for at least 3 years [.] after the closure of the claim to which the records apply.

      4.  An independent adjuster shall comply with any record retention policy agreed to in a contract between the independent adjuster and an insurer or self-insurer to the extent that such a policy imposes a requirement to retain records for a longer period than the period required by this section.

      Sec. 17. NRS 684A.210 is hereby amended to read as follows:

      684A.210  1.  The Commissioner may suspend, revoke, limit or refuse to continue any adjuster’s license or associate adjuster’s license:

      (a) For any cause specified in any other provision of this chapter;

      (b) For any applicable cause for revocation of the license of a producer of insurance under NRS 683A.451; or

      (c) If the licensee has for compensation represented or attempted to represent both the insurer and the insured in the same transaction.

      2.  The license of a business entity may be suspended, revoked, limited or continuation refused for any cause which relates to any individual designated with respect to the license to exercise its powers.

      [3.  The holder of any license which has been suspended or revoked shall forthwith surrender the license to the Commissioner.]

      Sec. 18. NRS 684A.220 is hereby amended to read as follows:

      684A.220  NRS 683A.451 [,] and 683A.461 [and 683A.480] also apply to suspension, revocation, limitation or refusal to continue adjusters’ licenses and associate adjusters’ licenses, except where in conflict with the express provisions of this chapter.

      Sec. 19. NRS 684B.110 is hereby amended to read as follows:

      684B.110  1.  The Commissioner may suspend, revoke, limit or refuse to continue any motor vehicle physical damage appraiser’s license:

      (a) For any cause specified in any other provision of this chapter;

      (b) For any such applicable cause as for revocation of the license of a producer of insurance under NRS 683A.451; or

      (c) If the licensee has for compensation represented or attempted to represent both the insurer and the insured in the same transaction.

      2.  The license of a business organization may be suspended, revoked, limited or continuation refused for any cause which relates to any individual designated in or with respect to the license to exercise its powers.

      [3.  The holder of any license which has been suspended or revoked shall forthwith surrender the license to the Commissioner.]

      Sec. 20. NRS 684B.120 is hereby amended to read as follows:

      684B.120  NRS 683A.451 [,] and 683A.461 [and 683A.480] also apply to suspension, revocation, limitation or refusal to continue motor vehicle physical damage appraiser’s licenses, except where in conflict with the express provisions of this chapter.

      Sec. 21. Chapter 685A of NRS is hereby amended by adding thereto the provisions set forth as sections 22 and 23 of this act.

      Sec. 22. “Domestic surplus lines insurer” means an insurer which is authorized by the Commissioner to accept surplus lines insurance pursuant to section 23 of this act.

      Sec. 23. 1.  An insurer which is domiciled in this State may be designated as a domestic surplus lines insurer by the Commissioner if:

      (a) The insurer possesses capital and surplus of not less than $15,000,000; or

 


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      (b) The Commissioner makes an affirmative finding of acceptability pursuant to subsection 3 of NRS 685A.070.

      2.  A designation by the Commissioner of an insurer as a domestic surplus lines insurer must be in writing.

      3.  A domestic surplus lines insurer may accept surplus lines insurance in any jurisdiction in which it is eligible.

      4.  A broker who places surplus lines insurance with a domestic surplus lines insurer shall comply with:

      (a) The provisions of NRS 685A.175 and 685A.180; and

      (b) All other provisions of this chapter which apply to the export of nonadmitted insurance for an insured for which this State is the home state.

      5.  Except as otherwise provided by specific statute, the provisions of this Code regarding financial and solvency requirements apply to a domestic surplus lines insurer.

      6.  The provisions of chapter 686C and 687A of NRS do not apply to a domestic surplus lines insurer.

      Sec. 24. NRS 685A.030 is hereby amended to read as follows:

      685A.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 685A.031 to 685A.039, inclusive, and section 22 of this act have the meanings ascribed to them in those sections.

      Sec. 25. NRS 685A.0375 is hereby amended to read as follows:

      685A.0375  1.  “Nonadmitted insurer” means an insurer not authorized to engage in the business of insurance in this State.

      2.  The term includes a domestic surplus lines insurer.

      3.  The term does not include a risk retention group as that term is defined in 15 U.S.C. § 3901(a)(4).

      Sec. 26. NRS 685A.070 is hereby amended to read as follows:

      685A.070  1.  A broker shall not knowingly place surplus lines insurance with an insurer which is unsound financially or ineligible pursuant to this section.

      2.  With respect to nonadmitted insurance for insureds for which this State is the home state, except as otherwise provided in this section, an insurer is not eligible to accept surplus lines or independently procured risks pursuant to this chapter unless it has capital and surplus or its equivalent in an amount of not less than $15,000,000 or the minimum capital and surplus requirements pursuant to NRS 680A.120, whichever is greater.

      3.  The requirements of [subsection] subsections 2 and 4 and of subsection 1 of section 23 of this act may be satisfied by an insurer possessing less than the minimum capital and surplus upon an affirmative finding of acceptability by the Commissioner. The finding must be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability and company record and reputation within the industry. The Commissioner shall not make an affirmative finding of acceptability when the [nonadmitted] insurer’s capital and surplus is less than $4,500,000.

      4.  A broker shall not place surplus lines insurance with a domestic surplus lines insurer, and a domestic surplus lines insurer is not eligible to accept surplus lines, unless:

      (a) The domestic surplus lines insurer possesses capital and surplus of not less than $15,000,000; or

 


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      (b) The Commissioner has made an affirmative finding of acceptability pursuant to subsection 3.

      5.  A broker shall not place surplus lines insurance with an alien insurer, unless the alien insurer is listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the National Association of Insurance Commissioners or, if the alien insurer is not listed on the Quarterly Listing of Alien Insurers, it has and maintains in a bank or trust company which is a member of the United States Federal Reserve System a trust fund established pursuant to terms that are reasonably adequate to protect all of its policyholders in the United States. Such a trust fund must not have an expiration date which is at any time less than 5 years in the future, on a continuing basis. In the case of:

      (a) A single alien insurer, such a trust fund must not be less than the greater of $5,400,000 or 30 percent of the gross liabilities of the alien insurer for surplus lines in the United States, excluding any liabilities for aviation, wet marine and transportation insurance, not to exceed $60,000,000, to be determined annually on the basis of accounting practices and procedures that are substantially equivalent to the accounting practices and procedures applicable in this State as of December 31 of the year immediately preceding the date of the determination where:

             (1) The liabilities are maintained in an irrevocable trust account in a qualified financial institution in the United States, on behalf of policyholders in the United States, consisting of cash, securities, letters of credit or any other investments of substantially the same character and quality as investments that are eligible investments pursuant to chapter 682A of NRS for the capital and statutory reserves of admitted insurers to write like kinds of insurance in this State. The trust fund, which must be included in any calculation of capital and surplus or its equivalent, must comply with the requirements set forth in the Standard Trust Agreement required for listing with the International Insurers Department of the National Association of Insurance Commissioners;

             (2) The alien insurer may request approval by the Commissioner to use the trust fund to pay any valid claim against a surplus line if the balance of the trust fund is not, during any period, less than $5,400,000 or 30 percent of the alien insurer’s current gross liabilities for surplus lines in the United States, excluding any liabilities for aviation, wet marine and transportation insurance; and

             (3) In calculating the amount of the trust fund required by this subsection, credit must be given for any deposits for any surplus lines that are separately required and maintained within a state or territory of the United States, not to exceed the amount of the alien insurer’s loss and loss adjustment reserves maintained in that state or territory.

      (b) A group of insurers which includes individual unincorporated insurers, such a trust fund must not be less than $100,000,000.

      (c) A group of incorporated insurers under common administration, such a trust fund must not be less than $100,000,000. Each insurer within the group must individually maintain capital and surplus of not less than $25,000,000. The group of incorporated insurers must:

             (1) Operate under the supervision of the Department of Trade and Industry of the United Kingdom [;] or its successor agency;

 


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             (2) Possess aggregate policyholders surplus of $10,000,000,000, which must consist of money in trust in an amount not less than the assuming insurers’ liabilities attributable to insurance written in the United States; and

             (3) Maintain a joint trusteed surplus of which $100,000,000 must be held jointly for the benefit of United States ceding insurers of any member of the group.

      [5.]6.  A foreign insurer must be [authorized] :

      (a) Authorized in the state of its domicile to write the kinds of insurance which it intends to write in Nevada and for which this State is the home state of the insured [.] ; or

      (b) A domestic surplus lines insurer in the state of its domicile.

      Sec. 26.3.NRS 685A.075 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

      (d) A current list of its members;

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

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

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

 


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requiring the discontinuance of such violations. In lieu of an examination conducted pursuant to this subsection, the Commissioner may accept the report of an independent audit of such an organization if the Commissioner deems that an independent audit is in the best interest of the residents of this State.

      4.  The board of directors of such an organization must consist of not fewer than five persons. [The members of the board] Directors must be appointed in accordance with the bylaws of the organization. Any proposed director may be disapproved by the Commissioner and [serve] serves at the pleasure of the Commissioner.

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

      Sec. 26.5. NRS 685A.155 is hereby amended to read as follows:

      685A.155  [A] The licensed surplus lines broker who [places any] is first engaged by or on behalf of an applicant for insurance [coverage with an authorized insurer pursuant to subsection 3 of NRS 685A.060] may charge a fee for procuring surplus lines coverage. Except as otherwise provided by agreement between the insurer and that broker, the sum of the fee and any other commissions, fees and charges payable to that broker must not exceed 20 percent of the premium [charged, after deduction of any other commissions, fees and charges payable to the broker.] paid by the insured.

      Sec. 27. NRS 685A.220 is hereby amended to read as follows:

      685A.220  In addition to those referred to in other provisions of this chapter, the following provisions of chapter 683A of NRS, to the extent applicable and not inconsistent with the express provisions of this chapter, also apply to surplus lines brokers:

      1.  NRS 683A.341;

      2.  NRS 683A.361;

      3.  NRS 683A.400;

      4.  NRS 683A.451;

      5.  NRS 683A.461;

      6.  [NRS 683A.480;

      7.]  NRS 683A.490; and

      [8.]7.  NRS 683A.520.

      Sec. 28. NRS 686A.520 is hereby amended to read as follows:

      686A.520  1.  The provisions of NRS 683A.341, 683A.451, 683A.461 [, 683A.480] and 686A.010 to 686A.310, inclusive, apply to companies.

      2.  For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “company.”

      Sec. 29. NRS 686B.112 is hereby amended to read as follows:

      686B.112  1.  The Commissioner shall perform an actuarial review of and consider each [proposed increase or decrease in the] rate filing of a health plan issued pursuant to the provisions of chapter 689A, 689B, 689C, 695B, 695C, 695D or 695F of NRS, including, without limitation, long-term care and Medicare supplement plans, filed with the Commissioner pursuant to subsection 1 of NRS 686B.070. If the Commissioner finds that a proposed [increase] rate which is contained in a rate filing will result in a rate which is not in compliance with NRS 686B.050 or subsection 3 of NRS 686B.070, the Commissioner shall disapprove the [proposal.] rate filing. The Commissioner shall approve or disapprove each [proposal] rate filing not later than 60 days after the [proposal] rate filing is determined by the Commissioner to be complete pursuant to subsection 4.

 


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later than 60 days after the [proposal] rate filing is determined by the Commissioner to be complete pursuant to subsection 4. If the Commissioner fails to approve or disapprove the [proposal] rate filing within that period, the [proposal] rate filing shall be deemed approved.

      2.  Whenever an insurer has no legally effective rates as a result of the Commissioner’s disapproval of rates or other act, the Commissioner shall on request specify interim rates for the insurer that are high enough to protect the interests of all parties and may order that a specified portion of the premiums be placed in an escrow account approved by the Commissioner. When new rates become legally effective, the Commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis must not be required.

      3.  If the Commissioner disapproves a [proposed] rate filing pursuant to subsection 1, and an insurer requests a hearing to determine the validity of the action of the Commissioner, the insurer has the burden of showing compliance with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Any such hearing must be held:

      (a) Within 30 days after the request for a hearing has been submitted to the Commissioner; or

      (b) Within a period agreed upon by the insurer and the Commissioner.

Ê If the hearing is not held within the period specified in paragraph (a) or (b), or if the Commissioner fails to issue an order concerning the [proposed] rate filing for which the hearing is held within 45 days after the hearing, the [proposed] rate filing shall be deemed approved.

      4.  The Commissioner shall by regulation specify the documents or any other information which must be included in [a proposal to increase or decrease] a rate filing submitted to the Commissioner pursuant to subsection 1. Each such [proposal] rate filing shall be deemed complete upon its filing with the Commissioner, unless the Commissioner, within 15 business days after the [proposal] rate filing is filed with the Commissioner, determines that the [proposal] rate filing is incomplete because the [proposal] rate filing does not comply with the regulations adopted by the Commissioner pursuant to this subsection.

      5.  The Commissioner may assess against an insurer the actual cost for the external actuarial review of a rate filing submitted pursuant to subsection 1.

      Sec. 30. NRS 689.160 is hereby amended to read as follows:

      689.160  1.  The provisions of NRS 683A.341, 683A.451, 683A.461 [, 683A.480] and 686A.010 to 686A.310, inclusive, apply to agents and sellers.

      2.  For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “agent” and “seller.”

      3.  The provisions of NRS 679B.230 to 679B.300, inclusive, apply to sellers. Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “seller.”

      Sec. 31. NRS 689.595 is hereby amended to read as follows:

      689.595  1.  The provisions of NRS 683A.341, 683A.451, 683A.461 [, 683A.480] and 686A.010 to 686A.310, inclusive, apply to agents and sellers.

 


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      2.  For the purposes of subsection 1, unless the context requires that a section apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “agent” and “seller.”

      3.  The provisions of NRS 679B.230 to 679B.300, inclusive, apply to sellers. Unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by a reference to “seller.”

      Sec. 32. NRS 690B.150 is hereby amended to read as follows:

      690B.150  An insurer who issues policies of insurance for home protection, other than casualty insurance, shall file [the] :

      1.  The annual statement required by NRS 680A.270 in the form prescribed by the Commissioner on or before March 1 of each year to cover the preceding calendar year [.] ; and

      2.  The quarterly statements required by NRS 680A.270 in accordance with the provisions of subsection 5 of that section.

      Sec. 33. NRS 690B.360 is hereby amended to read as follows:

      690B.360  1.  The Commissioner may collect all information which is pertinent to monitoring whether an insurer that issues professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS is complying with the applicable standards for rates established in NRS 686B.010 to 686B.1799, inclusive. Such information may include, without limitation:

      (a) The amount of gross premiums collected with regard to each medical specialty;

      (b) Information relating to loss ratios; and

      (c) [Information reported pursuant to NRS 690B.260; and

      (d)] Information reported pursuant to NRS 679B.430 and 679B.440.

      2.  In addition to the information collected pursuant to subsection 1, the Commissioner may request any additional information from an insurer:

      (a) Whose rates and credit utilization are materially different from other insurers in the market for professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS in this State;

      (b) Whose credit utilization shows a substantial change from the previous year; or

      (c) Whose information collected pursuant to subsection 1 indicates a potentially adverse trend.

      3.  If the Commissioner requests additional information from an insurer pursuant to subsection 2, the Commissioner may:

      (a) Determine whether the additional information offers a reasonable explanation for the results described in paragraph (a), (b) or (c) of subsection 2; and

      (b) Take any steps permitted by law that are necessary and appropriate to assure the ongoing stability of the market for professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS in this State.

      4.  On an ongoing basis, the Commissioner may analyze and evaluate the information collected pursuant to this section to determine trends in and measure the health of the market for professional liability insurance for a practitioner licensed pursuant to chapter 630, 631, 632 or 633 of NRS in this State.

      5.  If the Commissioner convenes a hearing pursuant to subsection 1 of NRS 690B.350 and determines that the market for professional liability insurance issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS is not competitive and that such insurance is unavailable or unaffordable for a substantial number of such practitioners, the Commissioner shall prepare and submit a report of the Commissioner’s findings and recommendations to the Director of the Legislative Counsel Bureau for transmittal to members of the Legislature.

 


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insurance issued to any class, type or specialty of practitioner licensed pursuant to chapter 630, 631 or 633 of NRS is not competitive and that such insurance is unavailable or unaffordable for a substantial number of such practitioners, the Commissioner shall prepare and submit a report of the Commissioner’s findings and recommendations to the Director of the Legislative Counsel Bureau for transmittal to members of the Legislature.

      Sec. 34. NRS 690C.160 is hereby amended to read as follows:

      690C.160  1.  A provider who wishes to issue, sell or offer for sale service contracts in this state must submit to the Commissioner:

      (a) A registration application on a form prescribed by the Commissioner;

      (b) Proof that the provider has complied with the requirements for financial security set forth in NRS 690C.170;

      (c) A copy of each type of service contract the provider proposes to issue, sell or offer for sale;

      (d) The name, address and telephone number of each administrator with whom the provider intends to contract;

      (e) A fee of [$1,000] $2,000 and [, in addition to any other fee or charge,] all applicable fees required pursuant to NRS 680C.110 [;] to be paid at the time of application; and

      (f) The following information for each controlling person:

             (1) Whether the person, in the last 10 years, has been:

                   (I) Convicted of a felony or misdemeanor of which an essential element is fraud;

                   (II) Insolvent or adjudged bankrupt;

                   (III) Refused a license or registration as a service contract provider or had an existing license or registration as a service contract provider suspended or revoked by any state or governmental agency or authority; or

                   (IV) Fined by any state or governmental agency or authority in any matter regarding service contracts; and

             (2) Whether there are any pending criminal actions against the person other than moving traffic violations.

      2.  In addition to the fee required by subsection 1, a provider must pay a fee of $25 for each type of service contract the provider files with the Commissioner.

      3.  Each year, not later than the anniversary date of his or her certificate of registration, a provider must pay the annual fee required pursuant to NRS 680C.110 in addition to any other fee required pursuant to this section.

      4.  A certificate of registration is valid for [1 year] 2 years after the date the Commissioner issues the certificate to the provider. A provider may renew his or her certificate of registration if, not later than 60 days before the certificate expires, the provider submits to the Commissioner:

      (a) An application on a form prescribed by the Commissioner;

      (b) A fee of [$1,000] $2,000 and, in addition to any other fee or charge, all applicable fees required pursuant to [NRS 680C.110;] subsection 3; and

      (c) The information required by paragraph (f) of subsection 1:

             (1) If an existing controlling person has had a change in any of the information previously submitted to the Commissioner; or

             (2) For a controlling person who has not previously submitted the information required by paragraph (f) of subsection 1 to the Commissioner.

      [4.]5.  All fees paid pursuant to this section are nonrefundable.

 


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      [5.]6.  Each application submitted pursuant to this section, including, without limitation, an application for renewal, must:

      (a) Be signed by an executive officer, if any, of the provider or, if the provider does not have an executive officer, by a controlling person of the provider; and

      (b) Have attached to it an affidavit signed by the person described in paragraph (a) which meets the requirements of subsection [6.

      6.]7.

      7.  Before signing the application described in subsection [5,] 6, the person who signs the application shall verify that the information provided is accurate to the best of his or her knowledge.

      Sec. 35. Chapter 694C of NRS is hereby amended by adding thereto the provisions set forth as sections 36 and 37 of this act.

      Sec. 36. “Dormant captive insurer” means any captive insurer that has been issued a certificate of dormancy by the Commissioner pursuant to section 37 of this act.

      Sec. 37. 1.  A captive insurer which ceases to transact the business of insurance, including, without limitation, the issuance of insurance policies and the assumption of reinsurance, may apply to the Commissioner for a certificate of dormancy.

      2.  Upon application by a captive insurer pursuant to subsection 1, the Commissioner may issue a certificate of dormancy to the captive insurer. The Commissioner may issue a certificate of dormancy to a captive insurer even if the captive insurer retains liabilities that are associated with policies that were written or assumed by the captive insurer provided that the captive insurer has otherwise ceased to transact the business of insurance.

      3.  A dormant captive insurer shall:

      (a) Possess and thereafter maintain unimpaired paid-in capital and surplus of not less than $25,000.

      (b) Pursuant to NRS 694C.230, pay an annual fee and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110 for the renewal of a license.

      (c) Be subject to examination for any year for which the dormant captive insurer is not in compliance with the provisions of this section.

      4.  A dormant captive insurer may:

      (a) At the discretion of the Commissioner, be subject to examination for any year for which the dormant captive insurer is in compliance with the provisions of this section.

      (b) Continue to adjudicate and settle insurance claims under any contract of insurance or reinsurance that the captive insurer issued during any period in which the captive insurer was not a dormant captive insurer. The effective date of such a contract of insurance or reinsurance must be before the date on which the Commissioner issued a certificate of dormancy to the captive insurer.

      5.  A dormant captive insurer is not:

      (a) Subject to or liable for the payment of any tax pursuant to NRS 694C.450.

      (b) Required to:

             (1) Prepare audited financial statements;

             (2) Obtain actuarial certifications or opinions; or

 


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             (3) File annual reports with the Commissioner pursuant to NRS 694C.400.

      6.  A certificate of dormancy is subject to renewal after 5 years and is forfeited if not renewed within that period.

      7.  Except as otherwise provided by this section, before issuing any insurance policy or otherwise transacting the business of insurance, a dormant captive insurer must apply to the Commissioner for approval to surrender its certificate of dormancy and resume transacting the business of insurance.

      8.  The Commissioner shall revoke the certificate of dormancy of a dormant captive insurer that is not in compliance with the provisions of this section.

      9.  The Commissioner may adopt regulations necessary to carry out the provisions of this section.

      Sec. 38. NRS 694C.010 is hereby amended to read as follows:

      694C.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 694C.020 to 694C.150, inclusive, and section 36 of this act have the meanings ascribed to them in those sections.

      Sec. 39. NRS 694C.050 is hereby amended to read as follows:

      694C.050  “Association captive insurer” means a captive insurer that only insures risks of the member organizations of an association and the affiliated companies of those members [, including groups formed pursuant to the Product Liability Risk Retention Act of 1981, as amended, 15 U.S.C. §§ 3901 et seq.,] if:

      1.  The association or the member organizations of the association:

      (a) [Own,] Have complete control [or hold with] over the power to vote all the outstanding voting securities of the association captive insurer, if the association captive insurer is incorporated as a stock insurer; or

      (b) Have complete voting control over the captive insurer, if the captive insurer is formed as a mutual insurer; and

      2.  The member organizations of the association collectively constitute all the subscribers of the captive insurer, if the captive insurer is formed as a reciprocal insurer.

      Sec. 40. NRS 694C.060 is hereby amended to read as follows:

      694C.060  “Captive insurer” means [any] :

      1.  Any pure captive insurer, association captive insurer, agency captive insurer, rental captive insurer and sponsored captive insurer licensed pursuant to this chapter. The term includes a pure captive insurer who, unless otherwise provided by the Commissioner, is a branch captive insurer with respect to operations in this State.

      2.  Any state-chartered risk retention group.

      Sec. 41. NRS 694C.149 is hereby amended to read as follows:

      694C.149  “State-chartered risk retention group” means any risk retention group that is formed in accordance with the laws of this State . [as an association captive insurer.]

      Sec. 42. NRS 694C.160 is hereby amended to read as follows:

      694C.160  1.  The terms and conditions set forth in chapter 696B of NRS pertaining to insurance reorganization, receiverships and injunctions apply to captive insurers incorporated pursuant to this chapter.

      2.  An agency captive insurer, a rental captive insurer and an association captive insurer are subject to those provisions of chapter 686A of NRS which are applicable to insurers.

 


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      3.  A state-chartered risk retention group is subject to the following:

      (a) The provisions of NRS 681A.250 to 681A.580, inclusive, regarding intermediaries;

      (b) The provisions of NRS 681B.550 regarding risk-based capital;

      (c) The provisions of chapter 683A of NRS regarding managing general agents; [and]

      (d) The provisions of chapter 686A of NRS which are applicable to insurers; and

      (e) The provisions of NRS 693A.110 and any regulations adopted pursuant thereto regarding management and agency contracts of insurers.

      Sec. 43. NRS 694C.180 is hereby amended to read as follows:

      694C.180  1.  Unless otherwise approved by the Commissioner, a pure captive insurer, an agency captive insurer, a rental captive insurer or a sponsored captive insurer must be incorporated as a stock insurer.

      2.  An association captive insurer or a state-chartered risk retention group must be formed as a:

      (a) Stock insurer;

      (b) Mutual insurer; or

      (c) Reciprocal insurer, except that its attorney-in-fact must be a corporation incorporated in this State.

      3.  A captive insurer shall have not less than three incorporators or organizers, at least one of whom must be a resident of this State.

      4.  Before the articles of incorporation of a captive insurer may be filed with the Secretary of State, the Commissioner must approve the articles of incorporation. In determining whether to grant that approval, the Commissioner shall consider:

      (a) The character, reputation, financial standing and purposes of the incorporators or organizers;

      (b) The character, reputation, financial responsibility, experience relating to insurance and business qualifications of the officers and directors of the captive insurer;

      (c) The competence of any person who, pursuant to a contract with the captive insurer, will manage the affairs of the captive insurer;

      (d) The competence, reputation and experience of the legal counsel of the captive insurer relating to the regulation of insurance;

      (e) If the captive insurer is a rental captive insurer, the competence, reputation and experience of the underwriter of the captive insurer;

      (f) The business plan of the captive insurer; and

      (g) Such other aspects of the captive insurer as the Commissioner deems advisable.

      5.  The capital stock of a captive insurer incorporated as a stock insurer must be issued at not less than par value.

      6.  At least one member of the board of directors of a captive insurer formed as a corporation, or one member of the subscribers advisory committee or the attorney-in-fact of a captive insurer formed as a reciprocal insurer, must be a resident of this State.

      7.  A captive insurer formed pursuant to the provisions of this chapter has the privileges of, and is subject to, the provisions of general corporation law set forth in chapter 78 of NRS and, if formed as a nonprofit corporation, the provisions set forth in chapter 82 of NRS, as well as the applicable provisions contained in this chapter. If the provisions of this chapter conflict with the general provisions in chapter 78 or 82 of NRS governing corporations, the provisions of this chapter control.

 


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corporations, the provisions of this chapter control. The provisions of chapter 693A of NRS relating to mergers, consolidations, conversions, mutualizations and transfers of domicile to this State apply to determine the procedures to be followed by captive insurers in carrying out any of those transactions in accordance with this chapter.

      8.  The articles of association, articles of incorporation, charter or bylaws of a captive insurer formed as a corporation must require that a quorum of the board of directors consists of not less than one-third of the number of directors prescribed by the articles of association, articles of incorporation, charter or bylaws.

      9.  The agreement of the subscribers or other organizing document of a captive insurer formed as a reciprocal insurer must require that a quorum of its subscribers advisory committee consists of not less than one-third of the number of its members.

      Sec. 44. NRS 694C.250 is hereby amended to read as follows:

      694C.250  1.  A captive insurer must not be issued a license, and shall not hold a license, unless the captive insurer has and maintains, in addition to any other capital or surplus required to be maintained pursuant to subsection 3, unimpaired paid-in capital and unencumbered surplus of:

      (a) For a pure captive insurer, not less than $200,000;

      (b) For an association captive insurer, not less than $500,000;

      (c) For an agency captive insurer, not less than $600,000;

      (d) For a rental captive insurer, not less than $800,000; [and]

      (e) For a sponsored captive insurer, not less than $500,000 [.] ; and

      (f) For a state-chartered risk retention group, not less than $500,000.

      2.  Except as otherwise provided by the Commissioner pursuant to subsection 3, the capital and surplus required to be maintained pursuant to this section must be in the form of cash or an irrevocable letter of credit.

      3.  The Commissioner may prescribe additional requirements relating to capital or surplus based on the type, volume and nature of the insurance business that is transacted by the captive insurer and requirements regarding which capital and surplus, if any, may be in the form of an irrevocable letter of credit.

      4.  A letter of credit used by a captive insurer as evidence of capital and surplus required pursuant to this section must:

      (a) Be issued by a bank chartered by this State or a bank that is a member of the United States Federal Reserve System and has been approved by the Commissioner; and

      (b) Include a provision pursuant to which the letter of credit is automatically renewable each year, unless the issuer gives written notice to the Commissioner and the captive insurer at least 90 days before the expiration date.

      5.  A surplus note used by a captive insurer as evidence of capital and surplus required pursuant to this section must:

      (a) Be subject to strict control by the Commissioner and have been approved by the Commissioner as to form and content.

      (b) Be subordinate to:

             (1) Policyholders;

             (2) Claims by claimants and beneficiaries under policies; and

             (3) All other classes of creditors pursuant to paragraph (k) of subsection 1 of NRS 696B.420.

      (c) Require prior approval of the Commissioner for any:

 


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             (1) Payment of interest; and

             (2) Repayment of principal.

      (d) Be accompanied by proceeds which are received by the captive insurer in the form of:

             (1) Cash; or

             (2) Other assets that:

                   (I) Are acceptable to the Commissioner;

                   (II) Have values that are readily determined; and

                   (III) Have liquidity that is satisfactory to the Commissioner.

      (e) Be accounted for in such a manner that interest shall not be recorded as a liability or an expense until approval for payment of such interest has been granted by the Commissioner.

      Sec. 45. NRS 694C.270 is hereby amended to read as follows:

      694C.270  1.  The Commissioner may suspend or revoke the license of a captive insurer if, after [an examination and] a hearing, the Commissioner determines that:

      (a) The captive insurer:

             (1) Is insolvent or has impaired its required capital or surplus;

             (2) Has failed to meet a requirement of NRS 694C.250, 694C.320 or 694C.330;

             (3) Has refused or failed to submit an annual report, as required by NRS 694C.400, or any other report or statement required by law or by order of the Commissioner;

             (4) Has failed to comply with the provisions of its charter or bylaws;

             (5) Has failed to submit to an examination required pursuant to NRS 694C.410;

             (6) Has refused or failed to pay the cost of an examination required pursuant to NRS 694C.410;

             (7) Has used any method in transacting insurance pursuant to this chapter which is detrimental to the operation of the captive insurer or would make its condition unsound with respect to its policyholders or the general public; or

             (8) Has failed to pay taxes on premiums as required by NRS 694C.450 or otherwise to comply with the laws of this State; and

      (b) The suspension or revocation of the license of the captive insurer is in the best interest of its policyholders or the general public.

      2.  The provisions of NRS 679B.310 to 679B.370, inclusive, apply to hearings conducted pursuant to this section.

      Sec. 46. NRS 694C.300 is hereby amended to read as follows:

      694C.300  1.  Except as otherwise provided in this section, a captive insurer licensed pursuant to this chapter may transact any form of insurance described in NRS 681A.020 to 681A.080, inclusive.

      2.  A captive insurer licensed pursuant to this chapter:

      (a) Shall not directly provide personal motor vehicle or homeowners’ insurance coverage, or any component thereof.

      (b) Shall not accept or cede reinsurance, except as otherwise provided in NRS 694C.350.

      (c) May provide excess workers’ compensation insurance to its parent and affiliated companies, unless otherwise prohibited by the laws of the state in which the insurance is transacted.

      (d) May reinsure workers’ compensation insurance provided pursuant to a program of self-funded insurance of its parent and affiliated companies if:

 


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             (1) The parent or affiliated company which is providing the self-funded insurance is certified as a self-insured employer by the Commissioner, if the insurance is being transacted in this State; or

             (2) The program of self-funded insurance is otherwise qualified pursuant to, or in compliance with, the laws of the state in which the insurance is transacted.

      3.  A pure captive insurer shall not insure any risks other than those of its parent and affiliated companies or controlled unaffiliated businesses.

      4.  An association captive insurer shall not insure any risks other than those of the member organizations of its association and the affiliated companies of the member organizations.

      5.  A state-chartered risk retention group shall not insure any risks other than those of the members of its association.

      6.  An agency captive insurer shall not insure any risks other than those of the policies that are placed by or through the insurance agency or brokerage that owns the captive insurer.

      [6.]7.  A rental captive insurer shall not insure any risks other than those of the policyholders or associations that have entered into agreements with the rental captive insurer for the insurance of those risks. Such agreements must be in a form which has been approved by the Commissioner.

      [7.]8.  A sponsored captive insurer shall not insure any risks other than those of its participants.

      [8.]9.  As used in this section, “excess workers’ compensation insurance” means insurance in excess of the specified per-incident or aggregate limit, if any, established by:

      (a) The Commissioner, if the insurance is being transacted in this State; or

      (b) The chief regulatory officer for insurance in the state in which the insurance is being transacted.

      Sec. 47. NRS 694C.310 is hereby amended to read as follows:

      694C.310  1.  The board of directors of a captive insurer shall meet at least once each year in this State. The captive insurer shall:

      (a) Maintain its principal place of business in this State; and

      (b) Appoint a resident of this State as a registered agent to accept service of process and otherwise act on behalf of the captive insurer in this State. If the registered agent cannot be located with reasonable diligence for the purpose of serving a notice or demand on the captive insurer, the notice or demand may be served on the Secretary of State who shall be deemed to be the agent for the captive insurer.

      2.  A captive insurer shall not transact insurance in this State unless:

      (a) The captive insurer has made adequate arrangements with [a] :

             (1) A state-chartered bank, a state-chartered credit union or a thrift company licensed pursuant to chapter 677 of NRS that is located in this State; or

             (2) A federally chartered bank that has a branch which is located in this State ,

Ê that is authorized pursuant to state or federal law to transfer money . [;]

      (b) If the captive insurer employs or has entered into a contract with a natural person or business organization to manage the affairs of the captive insurer, the natural person or business organization meets the standards of competence and experience satisfactory to the Commissioner . [;]

 


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      (c) The captive insurer employs or has entered into a contract with a qualified and experienced certified public accountant who is approved by the Commissioner or a firm of certified public accountants that is nationally recognized . [;]

      (d) The captive insurer employs or has entered into a contract with qualified, experienced actuaries who are approved by the Commissioner to perform reviews and evaluations of the operations of the captive insurer . [; and]

      (e) The captive insurer employs or has entered into a contract with an attorney who is licensed to practice law in this State and who meets the standards of competence and experience in matters concerning the regulation of insurance in this State established by the Commissioner by regulation.

      Sec. 48. NRS 694C.330 is hereby amended to read as follows:

      694C.330  1.  Except as otherwise provided in this section, a captive insurer shall pay dividends out of, or make any other distributions from, its capital or surplus, or both, in accordance with the provisions set forth in NRS 692C.370, 693A.140, 693A.150 and 693A.160.

      2.  A captive insurer other than a state-chartered risk retention group shall not pay extraordinary dividends out of, or make any other extraordinary distribution with respect to, its capital or surplus, or both, in violation of this section unless the captive insurer has obtained the prior approval of the Commissioner to make such a payment or distribution. As used in this subsection, “extraordinary dividend” and “extraordinary distribution” mean any dividend or distribution of cash or other property, the fair market value of which, together with that of other dividends or distributions within the preceding 12 months, exceeds the greater of:

      (a) Ten percent of the surplus of the captive insurer as of December 31 next preceding the date of the dividend or distribution; or

      (b) The net income of the captive insurer for the 12-month period ending December 31 next preceding the date of the dividend or distribution.

      3.  A state-chartered risk retention group shall not pay any dividend or distribution without prior approval of the Commissioner.

      Sec. 49. NRS 694C.340 is hereby amended to read as follows:

      694C.340  1.  Except as otherwise provided in this section and NRS 694C.382, an association captive insurer, an agency captive insurer, a rental captive insurer , [or] a sponsored captive insurer or a state-chartered risk retention group shall comply with the requirements relating to investments set forth in chapter 682A of NRS. Upon the request of the association captive insurer, agency captive insurer, rental captive insurer , [or] sponsored captive insurer [,] or state-chartered risk retention group, the Commissioner may approve the use of reliable, alternative methods of valuation and rating.

      2.  A pure captive insurer is not subject to any restrictions on allowable investments, except that the Commissioner may prohibit or limit any investment that threatens the solvency or liquidity of the pure captive insurer.

      3.  A pure captive insurer may make a loan to its parent or affiliated company if the loan:

      (a) Is first approved in writing by the Commissioner;

      (b) Is evidenced by a note that is in a form that is approved by the Commissioner; and

      (c) Does not include any money that has been set aside as capital or surplus as required by subsection 1 of NRS 694C.250.

 


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      Sec. 50. NRS 694C.390 is hereby amended to read as follows:

      694C.390  1.  In addition to the information required pursuant to NRS 694C.210, a state-chartered risk retention group [being formed as an association captive insurer] must submit to the Commissioner in summary form:

      (a) The identities of:

             (1) All members of the group;

             (2) All organizers of the group;

             (3) Those persons who will provide administrative services to the group; and

             (4) Any person who will influence or control the activities of the group;

      (b) The amount and nature of initial capitalization of the group;

      (c) The coverages to be offered by the group; and

      (d) Each state in which the group intends to operate.

      2.  Before it may transact insurance in any state, the state-chartered risk retention group must submit to the Commissioner, for approval by the Commissioner, a plan of operation. The risk retention group shall submit an appropriate revision in the event of any subsequent material change in any item of the plan of operation within 10 days after the change. The group shall not offer any additional kinds of liability insurance, in this State or in any other state, until a revision of the plan is approved by the Commissioner.

      3.  A state-chartered risk retention group chartered in this State must file with the Commissioner on or before March 1 of each year a statement containing information concerning the immediately preceding year which must:

      (a) Be submitted in a form prescribed by the National Association of Insurance Commissioners;

      (b) Be prepared in accordance with the Annual Statement Instructions for the type of insurer to be reported on as adopted by the National Association of Insurance Commissioners for the year in which the insurer files the statement;

      (c) Utilize accounting principles in a manner that remains consistent among financial statements submitted each year and that are substantively identical to:

             (1) Generally accepted accounting principles, including any useful or necessary modifications or adaptations thereof that have been approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the Commissioner; or

             (2) Statutory accounting principles, as described in the Accounting Practices and Procedures Manual adopted by the National Association of Insurance Commissioners effective on January 1, 2001, and as amended by the National Association of Insurance Commissioners after that date; and

      (d) Be submitted electronically, if required by the Commissioner.

      4.  The Commissioner shall transmit to the National Association of Insurance Commissioners a copy of:

      (a) All information submitted by a state-chartered risk retention group to the Commissioner pursuant to subsections 1 and 3; and

      (b) Any revisions to a plan of operation submitted to the Commissioner pursuant to subsection 2.

 


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      Sec. 51. NRS 694C.400 is hereby amended to read as follows:

      694C.400  1.  On or before March 1 of each year, a captive insurer shall submit to the Commissioner a report of its financial condition. A captive insurer shall use generally accepted accounting principles and include any useful or necessary modifications or adaptations thereof that have been approved or accepted by the Commissioner for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the Commissioner. Except as otherwise provided in this section, each association captive insurer, agency captive insurer, rental captive insurer or sponsored captive insurer shall file its report in the form required by the Commissioner. Each state-chartered risk retention group shall file its report in the form required by NRS 680A.270. The Commissioner shall adopt regulations designating the form in which pure captive insurers must report.

      2.  Each captive insurer other than a state-chartered risk retention group shall submit to the Commissioner, on or before June 30 of each year, an annual audit as of December 31 of the preceding calendar year that is certified by a certified public accountant who is not an employee of the insurer. An annual audit submitted pursuant to this subsection must comply with the requirements set forth in regulations adopted by the Commissioner which govern such an annual audit [.] , including, without limitation, criteria for extensions and exemptions.

      3.  Each state-chartered risk retention group shall file a financial statement pursuant to NRS 680A.265.

      4.  A pure captive insurer may apply, in writing, for authorization to file its annual report based on a fiscal year that is consistent with the fiscal year of the parent company of the pure captive insurer. If an alternative date is granted, the annual report is due not later than 60 days after the end of each such fiscal year.

      5.  A pure captive insurer shall file on or before March 1 of each year such forms as required by the Commissioner by regulation to provide sufficient detail to support its premium tax return filed pursuant to NRS 694C.450.

      6.  Any captive insurer failing, without just cause beyond the reasonable control of the captive insurer, to file its annual report of financial condition as required by subsection 1, its annual audit as required by subsection 2 or its financial statement as required by subsection 3 shall pay a penalty of $100 for each day the captive insurer fails to file the report of financial condition, the annual audit or the financial statement, but not to exceed an aggregate amount of $3,000, to be recovered in the name of the State of Nevada by the Attorney General.

      7.  Any director, officer, agent or employee of a captive insurer who subscribes to, makes or concurs in making or publishing, any annual or other statement required by law, knowing the same to contain any material statement which is false, is guilty of a gross misdemeanor.

      Sec. 52. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      A corporation which has been issued a certificate of authority pursuant to this chapter shall maintain and report on its statement filed with the Commissioner pursuant to NRS 695B.160 a net worth in an amount which is not less than the greater of:

 


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      1.  One million five hundred thousand dollars;

      2.  Two percent of the first $150,000,000 earned as revenue from premiums collected in the preceding 12-month period, plus 1 percent of the amount in excess of $150,000,000 earned as revenue from premiums collected in that same period; or

      3.  The amount of risk-based capital required by regulations adopted by the Commissioner pursuant to NRS 681B.550.

      Sec. 53. NRS 695B.160 is hereby amended to read as follows:

      695B.160  1.  Every corporation subject to the provisions of this chapter shall annually:

      (a) On or before March 1, file in the Office of the Commissioner a statement verified by at least two of the principal officers of the corporation, showing its condition and affairs as of December 31 of the preceding calendar year. The statement must be in the form required by the Commissioner and must contain statements relative to the matters required to be established as a condition precedent to maintaining or operating a nonprofit hospital, medical or dental service plan and to other matters which the Commissioner may prescribe.

      (b) Pay all applicable fees for the renewal of a certificate of authority and the fee for the filing of an annual statement.

      2.  Every corporation subject to the provisions of this chapter shall file a financial statement pursuant to NRS 680A.265, as required pursuant to paragraph (c) of subsection 1 of NRS 680A.265.

      3.  Every corporation subject to the provisions of this chapter shall file with the Commissioner and the National Association of Insurance Commissioners a quarterly statement in the form most recently adopted by the National Association of Insurance Commissioners for that type of insurer. The quarterly statement must be:

      (a) Prepared in accordance with the instructions which are applicable to that form, including, without limitation, the required date of submission for the form; and

      (b) Filed by electronic means.

      4.  The Commissioner may examine, as often as the Commissioner deems it desirable, the affairs of every corporation subject to the provisions of this chapter. The Commissioner shall, if practicable, examine each such corporation at least once in every 3 years, and in any event, at least once in every 5 years, as to its condition, fulfillment of its contractual obligations and compliance with applicable laws. [For examining the financial condition of every such corporation the Commissioner shall collect the] The actual expenses of the examination [. Such expenses] must be paid by the corporation [.] in accordance with the provisions of NRS 679B.290. The Commissioner shall refuse to issue a certificate of authority or shall revoke a certificate of authority issued to any corporation which neglects or refuses to pay such expenses.

      Sec. 54. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      A health maintenance organization which has been issued a certificate of authority pursuant to this chapter shall maintain and report on each financial statement filed with the Commissioner pursuant to NRS 695C.210 a net worth in an amount which is not less than the greatest of:

 


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      1.  One million five hundred thousand dollars;

      2.  Two percent of the first $150,000,000 earned as revenue from premiums collected in the preceding 12-month period, plus 1 percent of the amount in excess of $150,000,000 earned as revenue from premiums collected in that same period; or

      3.  The amount of risk-based capital required by regulations adopted by the Commissioner pursuant to NRS 681B.550.

      Sec. 55. NRS 695C.055 is hereby amended to read as follows:

      695C.055  1.  The provisions of NRS 449.465, 679A.200, 679B.700, subsections [6 and] 7 and 8 of NRS 680A.270, subsections 2, 4, 18, 19 and 32 of NRS 680B.010, NRS 680B.020 to 680B.060, inclusive, chapter 686A of NRS, NRS 686B.010 to 686B.1799, inclusive, and 687B.500 and chapters 692C and 695G of NRS apply to a health maintenance organization.

      2.  For the purposes of subsection 1, unless the context requires that a provision apply only to insurers, any reference in those sections to “insurer” must be replaced by “health maintenance organization.”

      Sec. 55.5. NRS 695C.057 is hereby amended to read as follows:

      695C.057  1.  A health maintenance organization is subject to the provisions of NRS 689A.470 to 689A.740, inclusive, 689B.340 to 689B.580, inclusive, and chapter 689C of NRS relating to the portability and availability of health insurance offered by such organizations. If there is a conflict between the provisions of this chapter and the provisions of NRS 689A.470 to 689A.740, inclusive, 689B.340 to 689B.580, inclusive, and chapter 689C of NRS, the provisions of NRS 689A.470 to 689A.740, inclusive, 689B.340 to 689B.580, inclusive, and chapter 689C of NRS control.

      2.  For the purposes of subsection 1, unless the context requires that a provision apply only to a group health plan or a carrier that provides coverage under a group health plan, any reference in those sections to “group health plan” or “carrier” must be replaced by “health maintenance organization.”

      Sec. 56. NRS 695C.210 is hereby amended to read as follows:

      695C.210  1.  Every health maintenance organization shall file with the Commissioner on or before March 1 of each year a report showing its financial condition on the last day of the preceding calendar year. The report must be verified by at least two principal officers of the organization.

      2.  The report must be on forms prescribed by the Commissioner and must include:

      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year;

      (b) Any material changes in the information submitted pursuant to NRS 695C.070;

      (c) The number of persons enrolled during the year, the number of enrollees as of the end of the year, the number of enrollments terminated during the year and, if requested by the Commissioner, a compilation of the reasons for such terminations;

      (d) The number and amount of malpractice claims initiated against the health maintenance organization and any of the providers used by it during the year broken down into claims with and without form of legal process, and the disposition, if any, of each such claim, if requested by the Commissioner;

 


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      (e) A summary of information compiled pursuant to paragraph (c) of subsection 1 of NRS 695C.080 in such form as required by the Commissioner; and

      (f) Such other information relating to the performance of the health maintenance organization as is necessary to enable the Commissioner to carry out his or her duties pursuant to this chapter.

      3.  Every health maintenance organization shall file with the Commissioner annually an audited financial statement of the organization [prepared by an independent certified public accountant. The statement must cover the preceding 12-month period and must be filed with the Commissioner within 120 days after the end of the organization’s fiscal year.] in accordance with the provisions of subsection 1 of NRS 680A.265. Upon written request, the Commissioner may grant a 30-day extension.

      4.  Every health maintenance organization shall file with the Commissioner and the National Association of Insurance Commissioners a quarterly statement in the form most recently adopted by the National Association of Insurance Commissioners for that type of insurer. The quarterly statement must be:

      (a) Prepared in accordance with the instructions which are applicable to that form, including, without limitation, the required date of submission for the form; and

      (b) Filed by electronic means.

      5.  If an organization fails to file timely [the] a report or financial statement required by this section, it shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The Attorney General shall recover the penalty in the name of the State of Nevada.

      [5.]6.  The Commissioner may grant a reasonable extension of time for filing [the] any report or [financial] statement required by this section, if the request for an extension is submitted in writing and shows good cause.

      Sec. 57. NRS 695C.310 is hereby amended to read as follows:

      695C.310  1.  The Commissioner shall make an examination of the affairs of any health maintenance organization and providers with whom such organization has contracts, agreements or other arrangements pursuant to its health care plan as often as the Commissioner deems it necessary for the protection of the interests of the people of this State, but not less frequently than once every 3 years.

      2.  The Commissioner shall make an examination concerning any compliance program used by a health maintenance organization and any report, as determined to be appropriate by the Commissioner, regarding the health maintenance organization produced by an organization which examines best practices in the insurance industry. The Commissioner shall make such an examination as often as the Commissioner deems it necessary for the protection of the interests of the people of this State, but not less frequently than once every 3 years.

      3.  In making an examination pursuant to subsection 1 or 2, the Commissioner:

      (a) Shall determine whether the health maintenance organization is in compliance with this Code, including, without limitation, whether any relationship or transaction between the health maintenance organization and any other health maintenance organization is in compliance with this Code; and

 


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      (b) May examine any account, record, document or transaction of any health maintenance organization or any provider which relates to:

             (1) Compliance with this Code by the health maintenance organization which is the subject of the examination;

             (2) Any relationship or transaction between the health maintenance organization which is the subject of the examination and any other health maintenance organization; or

             (3) Any relationship or transaction between the health maintenance organization which is the subject of the examination and any provider.

      4.  Except as otherwise provided in this subsection, for the purposes of an examination pursuant to subsection 1 or 2, each health maintenance organization and provider shall, upon the request of the Commissioner or an examiner designated by the Commissioner, submit its books and records relating to any applicable health care plan to the Commissioner or the examiner, as applicable. Medical records of natural persons and records of physicians providing service pursuant to a contract with a health maintenance organization are not subject to such examination, although the records, except privileged medical information, are subject to subpoena upon a showing of good cause. For the purpose of examinations, the Commissioner may administer oaths to and examine the officers and agents of a health maintenance organization and the principals of providers concerning their business.

      5.  The expenses of examinations pursuant to this section must be assessed [against the health maintenance organization being examined and remitted to the Commissioner.] , billed and paid in accordance with the provisions of NRS 679B.290.

      6.  In lieu of an examination pursuant to this section, the Commissioner may accept the report of an examination made by the insurance commissioner of another state or an applicable regulatory agency of another state.

      Sec. 58. Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:

      An organization for dental care which has been issued a certificate of authority pursuant to this chapter shall maintain a capital account with a net worth in an amount which is not less than the greater of:

      1.  The amount of risk-based capital required by regulations adopted by the Commissioner pursuant to NRS 681B.550; or

      2.  The following applicable amount, according to the number of members in the organization:

 

Number of members                                                                      Net worth

Less than 2,500................................................................................ $50,000

At least 2,500 but not more than 5,000......................................... 75,000

More than 5,000.............................................................................. 125,000

      Sec. 59. NRS 695D.260 is hereby amended to read as follows:

      695D.260  1.  Every organization for dental care shall file with the Commissioner on or before March 1 of each year a report covering its activities for the preceding calendar year. The report must be verified by at least two officers of the organization.

      2.  The report must be on a form prescribed by the Commissioner and must include:

 


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      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year.

      (b) Any material changes in the information given in the previous report.

      (c) The number of members enrolled in that year, the number of members whose coverage has been terminated in that year and the total number of members at the end of the year.

      (d) The costs of all goods, services and dental care provided that year.

      (e) Any other information relating to the plan for dental care requested by the Commissioner.

      3.  Every organization for dental care shall file with the Commissioner annually an audited financial statement [prepared by an independent certified public accountant. The statement must cover the most recent fiscal year of the organization and must be filed with the Commissioner within 120 days after the end of that fiscal year.] in accordance with the provisions of subsection 1 of NRS 680A.265.

      4.  Every organization for dental care shall file with the Commissioner and the National Association of Insurance Commissioners a quarterly statement in the form most recently adopted by the National Association of Insurance Commissioners for that type of insurer. The quarterly statement must be:

      (a) Prepared in accordance with the instructions which are applicable to that form, including, without limitation, the required date of submission for the form; and

      (b) Filed by electronic means.

      5.  If an organization fails to file timely [the] a report or financial statement required by this section, it shall pay an administrative penalty of $100 per day until the report or statement is filed, except that the total penalty must not exceed $3,000. The Attorney General shall recover the penalty in the name of the State of Nevada.

      [5.]6.  The Commissioner may grant a reasonable extension of time for filing [the] any report or [financial] statement required by this section, if the request for an extension is submitted in writing and shows good cause.

      [6.]7.  The organization shall pay the Department of Taxation the annual tax, any penalty for nonpayment or delinquent payment of the tax imposed in chapter 680B of NRS, and a filing fee of $25 to the Commissioner, at the time the annual report is filed.

      Sec. 60. NRS 695E.210 is hereby amended to read as follows:

      695E.210  1.  [Any] The provisions of chapters 683A and 685A of NRS apply to any person acting, or offering to act, as an agent or broker for [a] :

      (a) A purchasing group [, a] ;

      (b) A member of a purchasing group under the group policy [, or a] ; or

      (c) A risk retention group transacting insurance in this [state is subject to the provisions of chapters 683A and 685A of NRS.] State.

      2.  Except as otherwise provided in this chapter, the provisions of chapter 679B of NRS apply to purchasing groups and risk retention groups, and to the provisions of this chapter, to the extent that the provisions of chapter 679B of NRS are not specifically preempted by the Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986.

 


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      3.  A risk retention group that violates any provision of this chapter is subject to the fines and penalties, including revocation of its right to do business in this state, applicable to licensed insurers under this title.

      Sec. 61. NRS 695F.200 is hereby amended to read as follows:

      695F.200  1.  Except as otherwise provided in this section, each prepaid limited health service organization which receives a certificate of authority shall maintain [a:] all of the following:

      (a) [Capital] A capital account with a net worth of not less than $500,000 unless a lesser amount is permitted in writing by the Commissioner. The account must not be obligated for any accrued liabilities and must consist of cash, securities or a combination thereof which is acceptable to the Commissioner.

      (b) [Surety] A surety bond or deposit of cash or securities for the protection of enrollees of not less than $500,000.

      (c) The amount of risk-based capital required by regulations adopted by the Commissioner pursuant to NRS 681B.550.

      2.  The Commissioner may increase the required amount of the organization’s capital account , [and the] surety bond or deposit and capital maintained pursuant to paragraph (c) of subsection 1 to any [amounts] amount the Commissioner determines to be appropriate pursuant to subsection 3 if the Commissioner determines that such an increase is necessary to:

      (a) Assist the Commissioner in the performance of his or her regulatory duties;

      (b) Ensure that the organization complies with the requirements of this Code; or

      (c) Ensure the solvency of the organization.

      3.  When determining the appropriate amount of an increase pursuant to subsection 2, the Commissioner must base his or her determination on the type, volume and nature of premiums written and premiums assumed by the organization.

      4.  The amount of the organization’s capital account , [and] surety bond or deposit and capital maintained pursuant to paragraph (c) of subsection 1, as required pursuant to [this section:] subsections 1 and 2:

      (a) Is in addition to any reserve required by this chapter and any reserve established by the organization according to good business and accounting practices for incurred but unreported claims and other similar claims; and

      (b) May increase the amount of risk-based capital required pursuant to NRS 681B.550.

      5.  The amount of the organization’s surety bond or deposit and capital maintained pursuant to paragraph (c) of subsection 1, as required pursuant to [this section] subsections 1 and 2 may increase the amount of net worth required pursuant to [this section.] subsections 1 and 2.

      Sec. 62. NRS 695F.310 is hereby amended to read as follows:

      695F.310  1.  The Commissioner may examine the affairs of any prepaid limited health service organization as often as is reasonably necessary to protect the interests of the residents of this State, but not less frequently than once every 3 years.

      2.  A prepaid limited health service organization shall make its books and records available for examination and cooperate with the Commissioner to facilitate the examination.

 


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      3.  In lieu of such an examination, the Commissioner may accept the report of an examination conducted by the commissioner of insurance of another state.

      4.  The reasonable expenses of an examination conducted pursuant to this section must be [charged to the organization being examined and remitted to the Commissioner.] assessed, billed and paid in accordance with the provisions of NRS 679B.290.

      Sec. 63. NRS 695F.320 is hereby amended to read as follows:

      695F.320  1.  Each prepaid limited health service organization shall file with the Commissioner annually, on or before March 1, a report showing its financial condition on the last day of the preceding calendar year. The report must be verified by at least two principal officers of the organization.

      2.  The report must be on a form prescribed by the Commissioner and include:

      (a) A financial statement of the organization, including its balance sheet and receipts and disbursements for the preceding calendar year;

      (b) The number of subscribers at the beginning and the end of the year and the number of enrollments terminated during the year; and

      (c) Such other information as the Commissioner may prescribe.

      3.  Each prepaid limited health service organization shall file with the Commissioner annually an audited financial statement prepared [by an independent certified public accountant. The statement must cover the most recent fiscal year of the organization and must be filed with the Commissioner within 120 days after the end of that fiscal year.] in accordance with the provisions of subsection 1 of NRS 680A.265.

      4.  Each prepaid limited health service organization shall file with the Commissioner and the National Association of Insurance Commissioners a quarterly statement in the form most recently adopted by the National Association of Insurance Commissioners for that type of insurer. The quarterly statement must be:

      (a) Prepared in accordance with the instructions which are applicable to that form, including, without limitation, the required date of submission for the form; and

      (b) Filed by electronic means.

      5.  The Commissioner may require more frequent reports containing such information as is necessary to enable the Commissioner to carry out his or her duties pursuant to this chapter.

      [5.]6.  The Commissioner may:

      (a) Assess a fine of not more than $100 per day for each day [the] a report or [financial] statement required pursuant to this section is not filed after the report or [financial] statement is due, but the fine must not exceed $3,000; and

      (b) Suspend the organization’s certificate of authority until the organization files the report [.] or statement, as applicable.

      Sec. 64. NRS 695J.260 is hereby amended to read as follows:

      695J.260  1.  If an exchange enrollment facilitator fails to obtain an appointment by the Exchange within 30 days after the date on which the certificate was issued, the exchange enrollment facilitator’s certificate expires . [and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.]

      2.  If the Exchange terminates an exchange enrollment facilitator’s appointment, the exchange enrollment facilitator is prohibited from engaging in the business of an exchange enrollment facilitator under his or her certificate until such time as the exchange enrollment facilitator receives a new appointment by the Exchange.

 


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in the business of an exchange enrollment facilitator under his or her certificate until such time as the exchange enrollment facilitator receives a new appointment by the Exchange. If the exchange enrollment facilitator does not obtain a new appointment by the Exchange within 30 days after the date the appointment was terminated, the exchange enrollment facilitator’s certificate expires . [and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.]

      3.  Except as otherwise provided in subsection 4, if the Exchange terminates the appointment of an entity other than a natural person:

      (a) The appointments of exchange enrollment facilitators named on the entity’s appointment also terminate; and

      (b) The exchange enrollment facilitator is prohibited from engaging in the business of an exchange enrollment facilitator under his or her certificate until such time as the exchange enrollment facilitator receives a new appointment by the Exchange. If the exchange enrollment facilitator does not obtain a new appointment by the Exchange within 30 days after the date on which the appointment was terminated, the exchange enrollment facilitator’s certificate expires . [and the exchange enrollment facilitator shall promptly deliver his or her certificate to the Commissioner.]

      4.  The provisions of subsection 3 do not apply to any appointments the exchange enrollment facilitator may have individually or through an entity other than the terminated entity.

      5.  Upon the termination of an appointment for an entity or certificate holder, the Executive Director of the Exchange shall notify the Commissioner of the effective date of the termination and the grounds for termination.

      Sec. 65. Chapter 696B of NRS is hereby amended by adding thereto the provisions set forth as sections 66 and 67 of this act.

      Sec. 66. 1.  Not later than 1 year after the date of entry of an order appointing a receiver in delinquency proceedings for an insurer pursuant to this chapter, and not less frequently than annually thereafter, the receiver shall comply with all requirements for financial reporting for a receivership as specified by the National Association of Insurance Commissioners. The reports required pursuant to this subsection include, without limitation, a statement of:

      (a) The assets and liabilities of the insurer;

      (b) Changes in those assets and liabilities; and

      (c) All funds received and disbursed by the receiver during the period since the last such report.

      2.  The receiver may:

      (a) Qualify any report and provide notes to any statement for further explanation; and

      (b) Provide any additional information required pursuant to an order of the court or as the receiver deems appropriate.

      3.  In addition to satisfying any filing requirements established by the National Association of Insurance Commissioners, the receiver shall file the reports, statements and other documents required by this section with the court that has jurisdiction over the receivership.

      4.  For good cause shown, the court may grant an extension or modification of time to comply with subsection 1 or such other relief as may be appropriate.

 


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      Sec. 67. 1.  Not later than 1 year after the date of entry of an order appointing a receiver in delinquency proceedings for an insurer pursuant to this chapter, and at such intervals as may be agreed to between the receiver and a guaranty association but in no event less frequently than annually, each guaranty association which is affected by the delinquency proceedings shall comply with all applicable requirements for financial reporting as specified by the National Association of Insurance Commissioners.

      2.  In addition to satisfying any filing requirements established by the National Association of Insurance Commissioners, each guaranty association which is affected by the delinquency proceedings shall file the reports and other documents required by this section with:

      (a) The court that has jurisdiction over the receivership;

      (b) The Commissioner; and

      (c) The receiver.

      3.  For good cause shown, the court may grant an extension or modification of time to comply with subsection 1 or such other relief as may be appropriate.

      4.  As used in this section, “guaranty association” means the Nevada Insurance Guaranty Association, the Nevada Life and Health Insurance Guaranty Association or a similar organization in another jurisdiction, as applicable.

      Sec. 68. NRS 696B.150 is hereby amended to read as follows:

      696B.150  “Reciprocal state” means any state other than this state in which in substance and effect the provisions of the Uniform Insurers Liquidation Act [,] or the Insurer Receivership Model Act are in force, including provisions requiring that the commissioner of insurance or the equivalent insurance supervisory officer be the receiver of a delinquent insurer, and in which effective provisions exist for avoidance of fraudulent conveyances and unlawful preferential transfers.

      Sec. 69. NRS 696B.280 is hereby amended to read as follows:

      696B.280  1.  This section, NRS 696B.030 to 696B.180, inclusive, (definitions) and NRS 696B.290 to 696B.340, inclusive, and sections 66 and 67 of this act comprise [and may be cited as the Uniform Insurers Liquidation Act.] the Uniform Insurers Liquidation Act and the Insurer Receivership Model Act.

      2.  If any provision of the [Uniform Insurers Liquidation Act] NAIC Acts or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the [act] NAIC Acts which can be given effect without the invalid provision or application, and to this end the provisions of the [act] NAIC Acts are declared to be severable.

      3.  The [Uniform Insurers Liquidation Act] NAIC Acts shall be so interpreted as to effectuate [its] the general purpose to make uniform the laws of those states which enact [it.] the Uniform Insurers Liquidation Act or the Insurer Receivership Model Act. To the extent that [its] the provisions [,] of the NAIC Acts, when applicable, conflict with other provisions of this Code, the provisions of the [Uniform Insurers Liquidation Act] NAIC Acts shall control.

      4.  As used in this section, “NAIC Acts” means this section, NRS 696B.030 to 696B.180, inclusive, and NRS 696B.290 to 696B.340, inclusive, and sections 66 and 67 of this act.

 


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      Sec. 70. NRS 697.360 is hereby amended to read as follows:

      697.360  Licensed bail agents, bail solicitors and bail enforcement agents, and general agents are also subject to the following provisions of this Code, to the extent reasonably applicable:

      1.  Chapter 679A of NRS.

      2.  Chapter 679B of NRS.

      3.  NRS 683A.261.

      4.  NRS 683A.301.

      5.  NRS 683A.311.

      6.  NRS 683A.331.

      7.  NRS 683A.341.

      8.  NRS 683A.361.

      9.  NRS 683A.400.

      10.  NRS 683A.451.

      11.  NRS 683A.461.

      12.  [NRS 683A.480.

      13.]  NRS 683A.500.

      [14.]13.  NRS 683A.520.

      [15.]14.  NRS 686A.010 to 686A.310, inclusive.

      Sec. 71. NRS 630.130 is hereby amended to read as follows:

      630.130  1.  In addition to the other powers and duties provided in this chapter, the Board shall, in the interest of the public, judiciously:

      (a) Enforce the provisions of this chapter;

      (b) Establish by regulation standards for licensure under this chapter;

      (c) Conduct examinations for licensure and establish a system of scoring for those examinations;

      (d) Investigate the character of each applicant for a license and issue licenses to those applicants who meet the qualifications set by this chapter and the Board; and

      (e) Institute a proceeding in any court to enforce its orders or the provisions of this chapter.

      2.  On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

      (a) Disciplinary action taken by the Board during the previous biennium against any licensee for malpractice or negligence;

      (b) Information reported to the Board during the previous biennium pursuant to NRS 630.3067, 630.3068, subsections 3 and 6 of NRS 630.307 and NRS 690B.250 ; [and 690B.260;] and

      (c) Information reported to the Board during the previous biennium pursuant to NRS 630.30665, including, without limitation, the number and types of surgeries performed by each holder of a license to practice medicine and the occurrence of sentinel events arising from such surgeries, if any.

Ê The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

      3.  The Board may adopt such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter.

      Sec. 72. NRS 630.3069 is hereby amended to read as follows:

      630.3069  If the Board receives a report pursuant to the provisions of NRS 630.3067, 630.3068 [,] or 690B.250 [or 690B.260] indicating that a judgment has been rendered or an award has been made against a physician regarding an action or claim for malpractice or that such an action or claim against the physician has been resolved by settlement, the Board shall conduct an investigation to determine whether to impose disciplinary action against the physician regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

 


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judgment has been rendered or an award has been made against a physician regarding an action or claim for malpractice or that such an action or claim against the physician has been resolved by settlement, the Board shall conduct an investigation to determine whether to impose disciplinary action against the physician regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

      Sec. 73. NRS 630.318 is hereby amended to read as follows:

      630.318  1.  If the Board or any investigative committee of the Board has reason to believe that the conduct of any physician has raised a reasonable question as to his or her competence to practice medicine with reasonable skill and safety to patients, or if the Board has received a report pursuant to the provisions of NRS 630.3067, 630.3068 [,] or 690B.250 [or 690B.260] indicating that a judgment has been rendered or an award has been made against a physician regarding an action or claim for malpractice or that such an action or claim against the physician has been resolved by settlement, the Board or committee may order that the physician undergo a mental or physical examination, an examination testing his or her competence to practice medicine or any other examination designated by the Board to assist the Board or committee in determining the fitness of the physician to practice medicine.

      2.  For the purposes of this section:

      (a) Every physician who applies for a license or who is licensed under this chapter shall be deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence to practice medicine when ordered to do so in writing by the Board or an investigative committee of the Board.

      (b) The testimony or reports of a person who conducts an examination of a physician on behalf of the Board or an investigative committee of the Board pursuant to this section are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a physician licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against the physician.

      Sec. 74. NRS 633.286 is hereby amended to read as follows:

      633.286  1.  On or before February 15 of each odd-numbered year, the Board shall submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling:

      (a) Disciplinary action taken by the Board during the previous biennium against osteopathic physicians and physician assistants for malpractice or negligence;

      (b) Information reported to the Board during the previous biennium pursuant to NRS 633.526, 633.527, subsections 3 and 6 of NRS 633.533 and NRS 690B.250 ; [and 690B.260;] and

      (c) Information reported to the Board during the previous biennium pursuant to NRS 633.524, including, without limitation, the number and types of surgeries performed by each holder of a license to practice osteopathic medicine and the occurrence of sentinel events arising from such surgeries, if any.

 


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      2.  The report must include only aggregate information for statistical purposes and exclude any identifying information related to a particular person.

      Sec. 75. NRS 633.528 is hereby amended to read as follows:

      633.528  If the Board receives a report pursuant to the provisions of NRS 633.526, 633.527 [,] or 690B.250 [or 690B.260] indicating that a judgment has been rendered or an award has been made against an osteopathic physician or physician assistant regarding an action or claim for malpractice or that such an action or claim against the osteopathic physician or physician assistant has been resolved by settlement, the Board shall conduct an investigation to determine whether to discipline the osteopathic physician or physician assistant regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

      Sec. 76. NRS 633.529 is hereby amended to read as follows:

      633.529  1.  Notwithstanding the provisions of chapter 622A of NRS, if the Board or an investigative committee of the Board receives a report pursuant to the provisions of NRS 633.526, 633.527 [,] or 690B.250 [or 690B.260] indicating that a judgment has been rendered or an award has been made against an osteopathic physician or physician assistant regarding an action or claim for malpractice, or that such an action or claim against the osteopathic physician or physician assistant has been resolved by settlement, the Board or committee may order the osteopathic physician or physician assistant to undergo a mental or physical examination or any other examination designated by the Board to test his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable. An examination conducted pursuant to this subsection must be conducted by a person designated by the Board.

      2.  For the purposes of this section:

      (a) An osteopathic physician or physician assistant who applies for a license or who holds a license under this chapter is deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence to practice osteopathic medicine or to practice as a physician assistant, as applicable, pursuant to a written order by the Board.

      (b) The testimony or reports of a person who conducts an examination of an osteopathic physician or physician assistant on behalf of the Board pursuant to this section are not privileged communications.

      Sec. 77. NRS 679B.144, 690B.260 and 690B.340 are hereby repealed.

      Sec. 78. NRS 680A.310, 683A.480 and 696A.330 are hereby repealed.

      Sec. 79.  1.  This section and sections 2, 3, 29, 33 and 71 to 77, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1, 3.5 to 28, inclusive, 30, 31, 32, 35 to 70, inclusive, and 78 of this act become effective on October 1, 2019.

      3.  Section 34 of this act becomes effective on January 1, 2020.

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CHAPTER 296, SB 121

Senate Bill No. 121–Committee on Judiciary

 

CHAPTER 296

 

[Approved: June 1, 2019]

 

AN ACT relating to fiduciaries; adopting a power of attorney for health care decisions for persons with any form of dementia; revising provisions relating to the authority of a principal under a power of attorney; revising provisions governing the authority of public guardians to conduct certain investigations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth provisions governing durable powers of attorney for health care decisions. (NRS 162A.700-162A.865) Existing law specifically provides a form for a power of attorney for health care decisions and a form for a power of attorney for health care decisions for adults with intellectual disabilities. (NRS 162A.860, 162A.865) Section 1.5 of this bill provides a form for a power of attorney for health care decisions for persons with any form of dementia that is based on the form for a power of attorney for health care decisions for adults with intellectual disabilities. Sections 4, 5 and 6 of this bill make conforming changes.

      Sections 2 and 3 of this bill specify that a person who has executed a power of attorney for financial matters continues to have the authority to act on his or her own behalf and that any decision or instruction communicated by that person supersedes any decision or instruction communicated by an agent appointed under the power of attorney, unless the power of attorney removes this authority.

      Existing law requires certain forms relating to the appointment of a guardian, a general power of attorney, a power of attorney for health care decisions and a power of attorney for health care decisions for an adult with an intellectual disability to be notarized with a declaration from the notary public declaring under penalty of perjury that the persons whose names are on the form appear to be of sound mind and under no duress, fraud or undue influence. (NRS 159.0753, 162A.620, 162A.860, 162A.865) Sections 1, 3, 6 and 6.5 of this bill remove the declaration required by a notary public. Section 1.5 removes the same declaration for the form for a power of attorney for health care decisions for persons with any form of dementia.

      Existing law authorizes a public guardian to: (1) investigate the financial status, assets and personal and family history of any person for whom the public guardian has been appointed as guardian, without hiring or being licensed as a private investigator in accordance with existing law; and (2) require any person for whom the public guardian has been appointed as guardian or any spouse, parent, child or other relative of that person to give any information or execute any written requests or authorizations necessary to provide the public guardian with access to records needed by the public guardian. (NRS 253.220) Section 7 of this bill additionally authorizes a public guardian of a county with a population of less than 100,000 to petition a court to take these actions with respect to any potential protected person for whom the public guardian has received a referral from the Aging and Disability Services Division of the Department of Health and Human Services, a law enforcement agency or a court in connection with a civil or criminal matter relating to the potential protected person. Section 7 defines “potential protected person” and “protected person” for the purposes of this section.

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 1730 (CHAPTER 296, SB 121)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 159.0753 is hereby amended to read as follows:

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

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

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

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

      (c) Notarized.

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

 

REQUEST TO NOMINATE GUARDIAN

 

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

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

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

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

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

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

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

 

(YOU MUST DATE AND SIGN THIS DOCUMENT)

 

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

                                                                                                  

                                        (Signature)

 


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

 

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

                                                         

      (Signature of first witness)

                                                         

                   (Print name)

                                                         

                        (Date)

 

                                                         

   (Signature of second witness)

                                                         

                   (Print name)

                                                         

                        (Date)

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

State of Nevada                       }

                                                   }

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

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

 

                                                         

    (Signature of notarial officer)

                  (Seal, if any)

 

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

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

 


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ê2019 Statutes of Nevada, Page 1732 (CHAPTER 296, SB 121)ê

 

      Sec. 1.5. Chapter 162A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The form of a power of attorney for health care for an adult with any form of dementia may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

       My name is .................... (insert your name) and my address is .................... (insert your address). I would like to designate .................... (insert the name of the person you wish to designate as your agent for health care decisions for you) as my agent for health care decisions for me if I am sick or hurt and need to see a doctor or go to the hospital. I understand what this means.

       If I am sick or hurt, my agent should take me to the doctor. If my agent is not with me when I become sick or hurt, please contact my agent and ask him or her to come to the doctor’s office. I would like the doctor to speak with my agent and, if I have the capacity to understand, me about my sickness or injury and whether I need any medicine or other treatment. After we speak with the doctor, if I have the capacity to understand, I would like my agent to speak with me about the care or treatment. When we have made decisions about the care or treatment, my agent will tell the doctor about our decisions and sign any necessary papers.

       If I am very sick or hurt, I may need to go to the hospital. I would like my agent to help me decide if I need to go to the hospital. If I go to the hospital, I would like the people who work at the hospital to try very hard to care for me. If I am able to communicate, I would like the doctor at the hospital to speak with me and my agent about what care or treatment I should receive, even if I am unable to understand what is being said about me. After we speak with the doctor, I would like my agent to help me decide what care or treatment I should receive. Once we decide, my agent will sign any necessary paperwork. If I am unable to communicate because of my illness or injury, I would like my agent to make decisions about my care or treatment based on what he or she thinks I would do and what is best for me.

       I would like my agent to help me decide if I need to see a dentist and help me make decisions about what care or treatment I should receive from the dentist. Once we decide, my agent will sign any necessary paperwork.

       I would also like my agent to be able to see and have copies of all my medical records. If my agent requests to see or have copies of my medical records, please allow him or her to see or have copies of the records.

       I understand that my agent cannot make me receive any care or treatment that I do not want. I also understand that I can take away this power from my agent at any time, either by telling my agent that he or she is no longer my agent or by putting it in writing.

       If my agent is unable to make health care decisions for me, then I designate .................... (insert the name of another person you wish to designate as your alternative agent to make health care decisions for you) as my agent to make health care decisions for me as authorized in this document.

 


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ê2019 Statutes of Nevada, Page 1733 (CHAPTER 296, SB 121)ê

 

wish to designate as your alternative agent to make health care decisions for you) as my agent to make health care decisions for me as authorized in this document.

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

       I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

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

                                                                                       (Signature)

 

AGENT SIGNATURE

 

       As agent for .......... (insert name of principal), I agree that a physician, health care facility or other provider of health care, acting in good faith, may rely on this power of attorney for health care and the signatures herein, and I understand that pursuant to NRS 162A.815, a physician, health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the power of attorney for health care or for following the direction of an agent named in the power of attorney for health care.

       I also agree that:

       1.  I have a duty to act in a manner consistent with the desires of .......... (insert name of principal) as stated in this document or otherwise made known by .......... (insert name of principal), or if his or her desires are unknown, to act in his or her best interest.

       2.  If .......... (insert name of principal) revokes this power of attorney at any time, either verbally or in writing, I have a duty to inform any persons who may rely on this document, including, without limitation, treating physicians, hospital staff or other providers of health care, that I no longer have the authorities described in this document.

       3.  The provisions of NRS 162A.840 prohibit me from being named as an agent to make health care decisions in this document if I am a provider of health care, an employee of the principal’s provider of health care or an operator or employee of a health care facility caring for the principal, unless I am the spouse, legal guardian or next of kin of the principal.

       4.  The provisions of NRS 162A.850 prohibit me from consenting to the following types of care or treatments on behalf of the principal, including, without limitation:

       (a) Commitment or placement of the principal in a facility for treatment of mental illness;

       (b) Convulsive treatment;

       (c) Psychosurgery;

       (d) Sterilization;

       (e) Abortion;

 


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       (f) Aversive intervention, as it is defined in NRS 449A.203;

       (g) Experimental medical, biomedical or behavioral treatment, or participation in any medical, biomedical or behavioral research program; or

       (h) Any other care or treatment to which the principal prohibits the agent from consenting in this document.

       5.  End-of-life decisions must be made according to the wishes of .......... (insert name of principal), as designated in the attached addendum. If his or her wishes are not known, such decisions must be made in consultation with the principal’s treating physicians.

 

Signature: .....................................       Residence Address: ....................

Print Name: ..................................    .............................................................

Date: ..............................................    .............................................................

Relationship to principal: ..........................................................................

Length of relationship to principal: .........................................................

 

       (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO YOU KNOW AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                      }

                                                   }ss.

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

 

       On this .......... day of .........., in the year ...., before me, .......... (here insert name of notary public) personally appeared .......... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it.

 

NOTARY SEAL                                      .........................................................

                                                                                       (Signature)

 

STATEMENT OF WITNESSES

 

(If you choose to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. The following people cannot be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

 


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ê2019 Statutes of Nevada, Page 1735 (CHAPTER 296, SB 121)ê

 

of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

 

Signature: .....................................       Residence Address: ....................

Print Name: ..................................    .............................................................

Date: ..............................................    .............................................................

 

Signature: .....................................       Residence Address: ....................

Print Name: ..................................    .............................................................

Date: ..............................................    .............................................................

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: .............................................

 

Signature: .............................................

 

                                                                                                                            

Names: ..........................................       Address: ........................................

Print Name: ..................................     .............................................................

Date: ..............................................     .............................................................

 

COPIES: You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

 

      2.  The form for end-of-life decisions of a power of attorney for health care for an adult with any form of dementia may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 


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ê2019 Statutes of Nevada, Page 1736 (CHAPTER 296, SB 121)ê

 

END-OF-LIFE DECISIONS ADDENDUM

STATEMENT OF DESIRES

 

(You can, but are not required to, state what you want to happen if you get very sick and are not likely to get well. You do not have to complete this form, but if you do, your agent must do as you ask if you cannot speak for yourself.)

 

.................... (Insert name of agent) might have to decide, if you get very sick, whether to continue with your medicine or to stop your medicine, even if it means you might not live, ..................... (Insert name of agent) will talk to you to find out what you want to do, and will follow your wishes.

 

If you are not able to talk to .................... (insert name of agent), you can help him or her make these decisions for you by letting your agent know what you want.

 

Here are your choices. Please circle yes or no to each of the following statements and sign your name below:

 

       1.  I want to take all the medicine and receive any treatment I can to keep me alive regardless of how the medicine or treatment makes me feel.                    YES                NO

       2.  I do not want to take medicine or receive treatment if my doctors think that the medicine or treatment will not help me.                                              YES                NO

       3.  I do not want to take medicine or receive treatment if I am very sick and suffering and the medicine or treatment will not help me get better.     YES                NO

       4.  I want to get food and water even if I do not want to take medicine or receive treatment.   YES       NO

 

(YOU MUST DATE AND SIGN THIS END-OF-LIFE

DECISIONS ADDENDUM)

 

       I sign my name to this End-of-Life Decisions Addendum on .............. (date) at ...................... (city), .................... (state)

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

                                                                                       (Signature)

 

(THIS END-OF-LIFE DECISIONS ADDENDUM WILL NOT BE VALID UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO YOU KNOW AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE; OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 


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ê2019 Statutes of Nevada, Page 1737 (CHAPTER 296, SB 121)ê

 

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                      }

                                                   }ss.

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

 

       On this .......... day of .........., in the year ...., before me, .......... (here insert name of notary public) personally appeared .......... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it.

 

NOTARY SEAL                                      .........................................................

                                                                                       (Signature)

 

STATEMENT OF WITNESSES

 

(If you choose to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. The following people cannot be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this End-of-Life Decisions Addendum in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by the power of attorney for health care and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

 

Signature: .....................................       Residence Address: ....................

Print Name: ..................................    .............................................................

Date: ..............................................    .............................................................

 

Signature: .....................................       Residence Address: ....................

Print Name: ..................................    .............................................................

Date: ..............................................    .............................................................

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 


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ê2019 Statutes of Nevada, Page 1738 (CHAPTER 296, SB 121)ê

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: .............................................

 

Signature: .............................................

 

                                                                                                                            

Names: ..........................................       Address: ........................................

Print Name: ..................................     .............................................................

Date: ..............................................     .............................................................

 

COPIES: You should retain an executed copy of this document and give one to your agent. The End-of-Life Decisions Addendum should be available so a copy may be given to your providers of health care.

      Sec. 2. NRS 162A.460 is hereby amended to read as follows:

      162A.460  1.  Except as otherwise provided in NRS 162A.450, if a power of attorney grants to an agent authority to do all acts that a principal could do or refers to general authority or cites a section of NRS 162A.200 to 162A.660, inclusive, in which the authority is described, the agent has the general authority described in NRS 162A.200 to 162A.660, inclusive.

      2.  A reference in a power of attorney to any part of a section in NRS 162A.200 to 162A.660, inclusive, incorporates the entire section as if it were set out in full in the power of attorney.

      3.  A principal may modify authority incorporated by reference.

      4.  Except as otherwise provided in NRS 162A.450, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.

      5.  Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this State and whether or not the authority is exercised or the power of attorney is executed in this State.

      6.  An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.

      7.  Except as otherwise expressly provided in a power of attorney, the authority of a principal to act on his or her own behalf continues after executing a power of attorney and any decision or instruction communicated by the principal supersedes any inconsistent decision or instruction communicated by an agent pursuant to a power of attorney.

      Sec. 3. NRS 162A.620 is hereby amended to read as follows:

      162A.620  A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by NRS 162A.200 to 162A.660, inclusive:

 


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ê2019 Statutes of Nevada, Page 1739 (CHAPTER 296, SB 121)ê

 

STATUTORY FORM POWER OF ATTORNEY

 

       THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

       1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE DECISIONS CONCERNING YOUR PROPERTY FOR YOU. YOUR AGENT WILL BE ABLE TO MAKE DECISIONS AND ACT WITH RESPECT TO YOUR PROPERTY (INCLUDING YOUR MONEY) WHETHER OR NOT YOU ARE ABLE TO ACT FOR YOURSELF.

       2.  THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

       3.  THIS POWER OF ATTORNEY DOES NOT AUTHORIZE THE AGENT TO MAKE HEALTH CARE DECISIONS FOR YOU.

       4.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

       5.  YOU SHOULD SELECT SOMEONE YOU TRUST TO SERVE AS YOUR AGENT. UNLESS YOU SPECIFY OTHERWISE, GENERALLY THE AGENT’S AUTHORITY WILL CONTINUE UNTIL YOU DIE OR REVOKE THE POWER OF ATTORNEY OR THE AGENT RESIGNS OR IS UNABLE TO ACT FOR YOU.

       6.  YOUR AGENT IS ENTITLED TO REASONABLE COMPENSATION UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

       7.  THIS FORM PROVIDES FOR DESIGNATION OF ONE AGENT. IF YOU WISH TO NAME MORE THAN ONE AGENT YOU MAY NAME A CO-AGENT IN THE SPECIAL INSTRUCTIONS. CO-AGENTS ARE NOT REQUIRED TO ACT TOGETHER UNLESS YOU INCLUDE THAT REQUIREMENT IN THE SPECIAL INSTRUCTIONS.

       8.  IF YOUR AGENT IS UNABLE OR UNWILLING TO ACT FOR YOU, YOUR POWER OF ATTORNEY WILL END UNLESS YOU HAVE NAMED A SUCCESSOR AGENT. YOU MAY ALSO NAME A SECOND SUCCESSOR AGENT.

       9.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT.

       10.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY.

       11.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 


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ê2019 Statutes of Nevada, Page 1740 (CHAPTER 296, SB 121)ê

 

       1.  DESIGNATION OF AGENT.

       I, ..................................................................................................................

(insert your name) do hereby designate and appoint:

 

Name: ...................................................................................................

Address: ..............................................................................................

Telephone Number: ...........................................................................

 

as my agent to make decisions for me and in my name, place and stead and for my use and benefit and to exercise the powers as authorized in this document.

       2.  DESIGNATION OF ALTERNATE AGENT.

       (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same decisions as the agent designated above in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

       If my agent is unable or unwilling to act for me, then I designate the following person(s) to serve as my agent as authorized in this document, such person(s) to serve in the order listed below:

 

       A.  First Alternative Agent

Name:....................................................................................

Address:...............................................................................

Telephone Number:............................................................

 

       B.  Second Alternative Agent

Name:....................................................................................

Address:...............................................................................

Telephone Number:............................................................

 

       3.  OTHER POWERS OF ATTORNEY.

       This Power of Attorney is intended to, and does, revoke any prior Power of Attorney for financial matters I have previously executed.

       4.  NOMINATION OF GUARDIAN.

       If, after execution of this Power of Attorney, proceedings seeking an adjudication of incapacity are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

       5.  GRANT OF GENERAL AUTHORITY.

       I grant my agent and any successor agent(s) general authority to act for me with respect to the following subjects:

 

(INITIAL each subject you want to include in the agent’s general authority. If you wish to grant general authority over all of the subjects you may initial “All Preceding Subjects” instead of initialing each subject.)

 


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ê2019 Statutes of Nevada, Page 1741 (CHAPTER 296, SB 121)ê

 

[.....]  Real Property

[.....]  Tangible Personal Property

[.....]  Stocks and Bonds

[.....]  Commodities and Options

[.....]  Banks and Other Financial Institutions

[.....]  Safe Deposit Boxes

[.....]  Operation of Entity or Business

[.....]  Insurance and Annuities

[.....]  Estates, Trusts and Other Beneficial Interests

[.....]  Legal Affairs, Claims and Litigation

[.....]  Personal Maintenance

[.....]  Benefits from Governmental Programs or Civil or Military Service

[.....]  Retirement Plans

[.....]  Taxes

[.....]  All Preceding Subjects

 

       6.  GRANT OF SPECIFIC AUTHORITY.

       My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

 

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)

 

[.....]  Create, amend, revoke or terminate an inter vivos, family, living, irrevocable or revocable trust

[.....]  Make a gift, subject to the limitations of NRS and any special instructions in this Power of Attorney

[.....]  Create or change rights of survivorship

[.....]  Create or change a beneficiary designation

[.....]  Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

[.....]  Exercise fiduciary powers that the principal has authority to delegate

[.....]  Disclaim or refuse an interest in property, including a power of appointment

 

       7.  LIMITATION ON AGENT’S AUTHORITY.

       An agent that is not my spouse MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

       8.  SPECIAL INSTRUCTIONS OR OTHER OR ADDITIONAL AUTHORITY GRANTED TO AGENT:

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

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

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

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

 


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       9.  AUTHORITY OF PRINCIPAL.

       Except as otherwise expressly provided in this Power of Attorney, the authority of a principal to act on his or her own behalf continues after executing this Power of Attorney and any decision or instruction communicated by the principal supersedes any inconsistent decision or instruction communicated by an agent appointed pursuant to this Power of Attorney.

       [9.] 10.  DURABILITY AND EFFECTIVE DATE.  (INITIAL the clause(s) that applies.)

 

[.....]  DURABLE.  This Power of Attorney shall not be affected by my subsequent disability or incapacity.

[.....]  SPRINGING POWER.  It is my intention and direction that my designated agent, and any person or entity that my designated agent may transact business with on my behalf, may rely on a written medical opinion issued by a licensed medical doctor stating that I am disabled or incapacitated, and incapable of managing my affairs, and that said medical opinion shall establish whether or not I am under a disability for the purpose of establishing the authority of my designated agent to act in accordance with this Power of Attorney.

[.....]  I wish to have this Power of Attorney become effective on the following date: .....

[.....]  I wish to have this Power of Attorney end on the following date: .....

 

       [10.] 11.  THIRD PARTY PROTECTION.

       Third parties may rely upon the validity of this Power of Attorney or a copy and the representations of my agent as to all matters relating to any power granted to my agent, and no person or agency who relies upon the representation of my agent, or the authority granted by my agent, shall incur any liability to me or my estate as a result of permitting my agent to exercise any power unless a third party knows or has reason to know this Power of Attorney has terminated or is invalid.

       [11.] 12.  RELEASE OF INFORMATION.

       I agree to, authorize and allow full release of information, by any government agency, business, creditor or third party who may have information pertaining to my assets or income, to my agent named herein.

       [12.] 13.  SIGNATURE AND ACKNOWLEDGMENT.  YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS IT IS ACKNOWLEDGED BEFORE A NOTARY PUBLIC.

 

       I sign my name to this Power of Attorney on .............. (date) at .............................. (city), ......................... (state)

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

                                                                                        (Signature)

 


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CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                       }

                                                   }ss.

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

 

       On this .......... day of .........., in the year ....., before me, ............................... (here insert name of notary public) personally appeared .............................. (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. [I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.]

 

NOTARY SEAL                                       .........................................................

                                                                         (Signature of Notary Public)

 

IMPORTANT INFORMATION FOR AGENT

       1.  Agent’s Duties.  When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must:

       (a) Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;

       (b) Act in good faith;

       (c) Do nothing beyond the authority granted in this Power of Attorney; and

       (d) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:

(Principal’s Name) by (Your Signature) as Agent

       2.  Unless the Special Instructions in this Power of Attorney state otherwise, you must also:

       (a) Act loyally for the principal’s benefit;

       (b) Avoid conflicts that would impair your ability to act in the principal’s best interest;

       (c) Act with care, competence, and diligence;

       (d) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;

       (e) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and

 


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       (f) Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

       3.  Termination of Agent’s Authority.  You must stop acting on behalf of the principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to act under a Power of Attorney include:

       (a) Death of the principal;

       (b) The principal’s revocation of the Power of Attorney or your authority;

       (c) The occurrence of a termination event stated in the Power of Attorney;

       (d) The purpose of the Power of Attorney is fully accomplished; or

       (e) If you are married to the principal, your marriage is dissolved.

       4.  Liability of Agent.  The meaning of the authority granted to you is defined in NRS 162A.200 to 162A.660, inclusive. If you violate NRS 162A.200 to 162A.660, inclusive, or act outside the authority granted in this Power of Attorney, you may be liable for any damages caused by your violation.

       5.  If there is anything about this document or your duties that you do not understand, you should seek legal advice.

      Sec. 4. NRS 162A.700 is hereby amended to read as follows:

      162A.700  NRS 162A.700 to 162A.865, inclusive, and section 1.5 of this act apply to any power of attorney containing the authority to make health care decisions.

      Sec. 5. NRS 162A.710 is hereby amended to read as follows:

      162A.710  As used in NRS 162A.700 to 162A.865, inclusive, and section 1.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 162A.720 to 162A.780, inclusive, have the meanings ascribed to them in those sections.

      Sec. 6. NRS 162A.860 is hereby amended to read as follows:

      162A.860  Except as otherwise provided in NRS 162A.865, and section 1.5 of this act, the form of a power of attorney for health care may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

WARNING TO PERSON EXECUTING THIS DOCUMENT

 

       THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

       1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION.

 


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INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

       2.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

       3.  EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

       4.  UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

       5.  NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

       6.  YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

       7.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

       8.  THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.

       9.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       10.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 


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       1.  DESIGNATION OF HEALTH CARE AGENT.

       I, .................................................................................................................

(insert your name) do hereby designate and appoint:

 

Name: ...........................................................................................

Address: ......................................................................................

Telephone Number: ...................................................................

 

as my agent to make health care decisions for me as authorized in this document.

       (Insert the name and address of the person you wish to designate as your agent to make health care decisions for you. Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your agent: (1) your treating provider of health care; (2) an employee of your treating provider of health care; (3) an operator of a health care facility; or (4) an employee of an operator of a health care facility.)

       2.  CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.

       3.  GENERAL STATEMENT OF AUTHORITY GRANTED.

       In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the agent named above full power and authority: to make health care decisions for me before or after my death, including consent, refusal of consent or withdrawal of consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition; to request, review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

       4.  SPECIAL PROVISIONS AND LIMITATIONS.

       (Your agent is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization or abortion. If there are any other types of treatment or placement that you do not want your agent’s authority to give consent for or other restrictions you wish to place on his or her agent’s authority, you should list them in the space below. If you do not write any limitations, your agent will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)

 


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       In exercising the authority under this durable power of attorney for health care, the authority of my agent is subject to the following special provisions and limitations:

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

 

       5.  DURATION.

       I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent will continue to exist until the time when I become able to make health care decisions for myself.

 

(IF APPLICABLE)

I wish to have this power of attorney end on the following date:      

 

       6.  STATEMENT OF DESIRES.

       (With respect to decisions to withhold or withdraw life-sustaining treatment, your agent must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below. If your desires are unknown, your agent has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)

 

(If the statement

reflects your desires,

initial the box next to

the statement.)

 

       1.  I desire that my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures.    [     ]

       2.  If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449A.400 to 449A.481, inclusive, if this subparagraph is initialed.)....... [  ]

 


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       3.  If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449A.400 to 449A.481, inclusive, if this subparagraph is initialed.)    [     ]

       4.  Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. I want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld.... [  ]

       5.  I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My agent is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life.   [       ]

 

       (If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

       Other or Additional Statements of Desires:..........................................

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

 

       7.  DESIGNATION OF ALTERNATE AGENT.

       (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same health care decisions as the agent designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

       If the person designated in paragraph 1 as my agent is unable to make health care decisions for me, then I designate the following persons to serve as my agent to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:

 


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       A.  First Alternative Agent

Name: ......................................................................................

Address: .................................................................................

Telephone Number: ..............................................................

 

       B.  Second Alternative Agent

Name: ......................................................................................

Address: .................................................................................

Telephone Number: ..............................................................

 

       8.  PRIOR DESIGNATIONS REVOKED.

       I revoke any prior durable power of attorney for health care.

       9.  WAIVER OF CONFLICT OF INTEREST.

       If my designated agent is my spouse or is one of my children, then I waive any conflict of interest in carrying out the provisions of this Durable Power of Attorney for Health Care that said spouse or child may have by reason of the fact that he or she may be a beneficiary of my estate.

       10.  CHALLENGES.

       If the legality of any provision of this Durable Power of Attorney for Health Care is questioned by my physician, my agent or a third party, then my agent is authorized to commence an action for declaratory judgment as to the legality of the provision in question. The cost of any such action is to be paid from my estate. This Durable Power of Attorney for Health Care must be construed and interpreted in accordance with the laws of the State of Nevada.

       11.  NOMINATION OF GUARDIAN.

       If, after execution of this Durable Power of Attorney for Health Care, proceedings seeking an adjudication of incapacity are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

       12.  RELEASE OF INFORMATION.

       I agree to, authorize and allow full release of information by any government agency, medical provider, business, creditor or third party who may have information pertaining to my health care, to my agent named herein, pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

       I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

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

                                                                                      (Signature)

 

       (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 


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WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                       }

                                                   }ss.

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

 

       On this................ day of................, in the year..., before me,................................ (here insert name of notary public) personally appeared................................ (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. [I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.]

 

NOTARY SEAL                                       .........................................................

                                                                         (Signature of Notary Public)

 

STATEMENT OF WITNESSES

 

(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

 

Signature: ......................................       Residence Address: ....................

Print Name: ....................................    .............................................................

Date: ...............................................    .............................................................

 


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ê2019 Statutes of Nevada, Page 1751 (CHAPTER 296, SB 121)ê

 

Signature: ......................................       Residence Address: ....................

Print Name: ....................................    .............................................................

Date: ...............................................    .............................................................

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: ...............................................

 

Signature: ...............................................

 

                                                                                                                            

Names: ...........................................       Address: ........................................

Print Name: ....................................     .............................................................

Date: ...............................................     .............................................................

 

COPIES:  You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

      Sec. 6.5. NRS 162A.865 is hereby amended to read as follows:

      162A.865  1.  The form of a power of attorney for health care for an adult with an intellectual disability may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

       My name is.................... (insert your name) and my address is.................... (insert your address). I would like to designate.................... (insert the name of the person you wish to designate as your agent for health care decisions for you) as my agent for health care decisions for me if I am sick or hurt and need to see a doctor or go to the hospital. I understand what this means.

       If I am sick or hurt, my agent should take me to the doctor. If my agent is not with me when I become sick or hurt, please contact my agent and ask him or her to come to the doctor’s office. I would like the doctor to speak with my agent and me about my sickness or injury and whether I need any medicine or other treatment. After we speak with the doctor, I would like my agent to speak with me about the care or treatment. When we have made decisions about the care or treatment, my agent will tell the doctor about our decisions and sign any necessary papers.

       If I am very sick or hurt, I may need to go to the hospital. I would like my agent to help me decide if I need to go to the hospital. If I go to the hospital, I would like the people who work at the hospital to try very hard to care for me.

 


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very hard to care for me. If I am able to communicate, I would like the doctor at the hospital to speak with me and my agent about what care or treatment I should receive, even if I am unable to understand what is being said about me. After we speak with the doctor, I would like my agent to help me decide what care or treatment I should receive. Once we decide, my agent will sign any necessary paperwork. If I am unable to communicate because of my illness or injury, I would like my agent to make decisions about my care or treatment based on what he or she thinks I would do and what is best for me.

       I would like my agent to help me decide if I need to see a dentist and help me make decisions about what care or treatment I should receive from the dentist. Once we decide, my agent will sign any necessary paperwork.

       I would also like my agent to be able to see and have copies of all my medical records. If my agent requests to see or have copies of my medical records, please allow him or her to see or have copies of the records.

       I understand that my agent cannot make me receive any care or treatment that I do not want. I also understand that I can take away this power from my agent at any time, either by telling my agent that he or she is no longer my agent or by putting it in writing.

       If my agent is unable to make health care decisions for me, then I designate.................... (insert the name of another person you wish to designate as your alternative agent to make health care decisions for you) as my agent to make health care decisions for me as authorized in this document.

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

       I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

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

                                                                                        (Signature)

 

AGENT SIGNATURE

 

       As agent for.......... (insert name of principal), I agree that a physician, health care facility or other provider of health care, acting in good faith, may rely on this power of attorney for health care and the signatures herein, and I understand that pursuant to NRS 162A.815, a physician, health care facility or other provider of health care that in good faith accepts an acknowledged power of attorney for health care is not subject to civil or criminal liability or discipline for unprofessional conduct for giving effect to a declaration contained within the power of attorney for health care or for following the direction of an agent named in the power of attorney for health care.

 


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       I also agree that:

       1.  I have a duty to act in a manner consistent with the desires of.......... (insert name of principal) as stated in this document or otherwise made known by.......... (insert name of principal), or if his or her desires are unknown, to act in his or her best interest.

       2.  If.......... (insert name of principal) revokes this power of attorney at any time, either verbally or in writing, I have a duty to inform any persons who may rely on this document, including, without limitation, treating physicians, hospital staff or other providers of health care, that I no longer have the authorities described in this document.

       3.  The provisions of NRS 162A.840 prohibit me from being named as an agent to make health care decisions in this document if I am a provider of health care, an employee of the principal’s provider of health care or an operator or employee of a health care facility caring for the principal, unless I am the spouse, legal guardian or next of kin of the principal.

       4.  The provisions of NRS 162A.850 prohibit me from consenting to the following types of care or treatments on behalf of the principal, including, without limitation:

       (a) Commitment or placement of the principal in a facility for treatment of mental illness;

       (b) Convulsive treatment;

       (c) Psychosurgery;

       (d) Sterilization;

       (e) Abortion;

       (f) Aversive intervention, as it is defined in NRS 449A.203;

       (g) Experimental medical, biomedical or behavioral treatment, or participation in any medical, biomedical or behavioral research program; or

       (h) Any other care or treatment to which the principal prohibits the agent from consenting in this document.

       5.  End-of-life decisions must be made according to the wishes of.......... (insert name of principal), as designated in the attached addendum. If his or her wishes are not known, such decisions must be made in consultation with the principal’s treating physicians.

 

Signature: ..............................       Residence Address: ............................

Print Name: ............................                                                                          

Date: .......................................                                                                          

Relationship to principal: .............................................................................

Length of relationship to principal: ............................................................

 

       (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO YOU KNOW AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 


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ê2019 Statutes of Nevada, Page 1754 (CHAPTER 296, SB 121)ê

 

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                                       }

                                                                   }ss.

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

 

       On this.......... day of.........., in the year...., before me,.......... (here insert name of notary public) personally appeared.......... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. [I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.]

 

NOTARY SEAL                                         .......................................................

                                                                                        (Signature)

 

STATEMENT OF WITNESSES

 

(If you choose to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. The following people cannot be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

 

Signature: ..............................       Residence Address: ............................

Print Name: ............................                                                                          

Date: .......................................                                                                          

 

Signature: ..............................       Residence Address: ............................

Print Name: ............................                                                                          

Date: .......................................                                                                          

 


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ê2019 Statutes of Nevada, Page 1755 (CHAPTER 296, SB 121)ê

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: ..............................................

 

Signature: ..............................................

 

                                                                                                                            

Names: ...................................       Address: ................................................

Print Name: ............................                                                                          

Date: .......................................                                                                          

 

COPIES: You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

 

      2.  The form for end-of-life decisions of a power of attorney for health care for an adult with an intellectual disability may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

END-OF-LIFE DECISIONS ADDENDUM

STATEMENT OF DESIRES

 

(You can, but are not required to, state what you want to happen if you get very sick and are not likely to get well. You do not have to complete this form, but if you do, your agent must do as you ask if you cannot speak for yourself.)

 

.................... (Insert name of agent) might have to decide, if you get very sick, whether to continue with your medicine or to stop your medicine, even if it means you might not live..................... (Insert name of agent) will talk to you to find out what you want to do, and will follow your wishes.

 

If you are not able to talk to.................... (insert name of agent), you can help him or her make these decisions for you by letting your agent know what you want.

 

Here are your choices. Please circle yes or no to each of the following statements and sign your name below:

 

       1.  I want to take all the medicine and receive any treatment I can to keep me alive regardless of how the medicine or treatment makes me feel.                         YES                      NO

 


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ê2019 Statutes of Nevada, Page 1756 (CHAPTER 296, SB 121)ê

 

       2.  I do not want to take medicine or receive treatment if my doctors think that the medicine or treatment will not help me.                                                             YES                      NO

       3.  I do not want to take medicine or receive treatment if I am very sick and suffering and the medicine or treatment will not help me get better.                         YES                      NO

       4.  I want to get food and water even if I do not want to take medicine or receive treatment.  YES     NO

 

(YOU MUST DATE AND SIGN THIS END-OF-LIFE

DECISIONS ADDENDUM)

 

       I sign my name to this End-of-Life Decisions Addendum on .............. (date) at .............................. (city), ......................... (state)

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

                                                                                        (Signature)

 

(THIS END-OF-LIFE DECISIONS ADDENDUM WILL NOT BE VALID UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO YOU KNOW AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                                       }

                                                                   }ss.

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

 

       On this.......... day of.........., in the year...., before me,.......... (here insert name of notary public) personally appeared.......... (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. [I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.]

 

NOTARY SEAL                                         .......................................................

                                                                                        (Signature)

 

STATEMENT OF WITNESSES

 

(If you choose to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. The following people cannot be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility.

 


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ê2019 Statutes of Nevada, Page 1757 (CHAPTER 296, SB 121)ê

 

agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this End-of-Life Decisions Addendum in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by the power of attorney for health care and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

 

Signature: ..............................       Residence Address: ............................

Print Name: ............................                                                                          

Date: .......................................                                                                          

 

Signature: ..............................       Residence Address: ............................

Print Name: ............................                                                                          

Date: .......................................                                                                          

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: ..............................................

 

Signature: ..............................................

 

---------------------------------------------------------------------------------------------

Names: ...................................       Address: ................................................

Print Name: ............................                                                                          

Date: .......................................                                                                          

 

COPIES: You should retain an executed copy of this document and give one to your agent. The End-of-Life Decisions Addendum should be available so a copy may be given to your providers of health care.

      Sec. 7. NRS 253.220 is hereby amended to read as follows:

      253.220  1.  A public guardian may investigate the financial status, assets and personal and family history of any protected person for whom the public guardian has been appointed as guardian, without hiring or being licensed as a private investigator pursuant to chapter 648 of NRS. In connection with the investigation, the public guardian may require the protected person or any spouse, parent, child or other kindred of the protected person, to give any information and to execute and deliver any written requests or authorizations necessary to provide the public guardian with access to records, otherwise confidential, which are needed by the public guardian.

 


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require the protected person or any spouse, parent, child or other kindred of the protected person, to give any information and to execute and deliver any written requests or authorizations necessary to provide the public guardian with access to records, otherwise confidential, which are needed by the public guardian. The public guardian may obtain information from any public record office of the State or any of its agencies or subdivisions upon request and without payment of any fees.

      2.  In a county whose population is less than 100,000, a public guardian may petition a court to investigate the financial status, assets and personal and family history of any [person for whom the public guardian has been appointed as guardian,] potential protected person for whom the public guardian has received a referral from the Aging and Disability Services Division of the Department of Health and Human Services, a law enforcement agency or a court in connection with a criminal or civil matter relating to the potential protected person, without hiring or being licensed as a private investigator pursuant to chapter 648 of NRS. In connection with the investigation, the public guardian may require [any protected person] the potential protected person or any spouse, parent, child or other kindred of the [protected person] potential protected person, to give any information and to execute and deliver any written requests or authorizations necessary to provide the public guardian with access to records, otherwise confidential, which are needed by the public guardian. The public guardian may obtain information from any public record office of the State or any of its agencies or subdivisions upon request and without payment of any fees.

      3.  As used in this section:

      (a) “Potential protected person” means any person, other than a minor, for whom a referral for investigation has been sent to the public guardian.

      (b) “Protected person” has the meaning ascribed to it in NRS 159.0253.

________

 


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ê2019 Statutes of Nevada, Page 1759ê

 

CHAPTER 297, SB 204

Senate Bill No. 204–Senators Spearman, Woodhouse, Parks; D. Harris and Ohrenschall

 

CHAPTER 297

 

[Approved: June 1, 2019]

 

AN ACT relating to mental health; requiring a policy for the prevention of suicide to be adopted for each public and private school in this State; requiring certain plans and outreach to address the needs of pupils who are at a high risk of suicide; requiring the Department of Education to adopt a model policy for responding to suicides; requiring a plan for response to a crisis, emergency or suicide at a school to include certain provisions related to suicide response and intervention; requiring all pupils and school staff to receive training in the prevention of suicide; requiring a course in health to include instruction concerning mental health; revising the contents of certain suicide prevention training provided to certain law enforcement agencies; authorizing the denial or revocation of a license to operate a private school for failure to adopt such a policy; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Education to develop a model plan for the management of a suicide, crisis or emergency. (NRS 388.253) Existing law requires: (1) the board of trustees of a school district or the governing body of a charter school or private school to establish a development committee; and (2) the development committee to develop a plan to be used by the public schools in the district or the charter or private school, as applicable, in responding to a crisis, emergency or suicide. (NRS 388.241, 388.243, 394.1685, 394.1687) Existing law requires such a plan to include the plans, procedures and information included in the model plan developed by the Department. (NRS 388.243, 394.1687) Section 7 of this bill requires the model plan to include procedures for: (1) responding to a suicide or attempted suicide; (2) providing counseling and other appropriate resources to pupils and school staff who have contemplated or attempted suicide; (3) outreach to persons and organizations in the community that may be able to assist with response to a suicide; and (4) addressing the needs of pupils at high risk of suicide.

      Sections 2 and 10 of this bill require the board of trustees of a school district, the governing body of each university school for profoundly gifted pupils and the governing body of each charter school or private school that provides instruction to pupils in grades 7-12 to adopt a policy for the prevention of suicide. Sections 2 and 10 require each such policy to include: (1) procedures for the prevention of suicide and intervention with a pupil who is at risk of suicide; (2) procedures for outreach to persons and organizations in the community that may be able to assist with such prevention and intervention; and (3) required training for teachers and pupils concerning the prevention of suicide. Section 2 requires such a policy established for a public school to address the needs of groups of pupils at high risk of suicide. Section 10 makes it optional in the policy of a private school. Section 4 of this bill requires outreach provided by the Office for a Safe and Respectful Learning Environment concerning suicide to also address the needs of such pupils.

      Sections 11 and 12 of this bill authorize the State Board of Education to deny or revoke a license to operate a private school if the holder has failed to adopt a policy for the prevention of suicide. Section 13 of this bill authorizes a person aggrieved by the failure of a private school to adopt such a policy to file a complaint with the Superintendent of Public Instruction. Section 6 of this bill makes a conforming change.

 


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      Existing law defines the term “school resource officer” to mean a peace officer who is assigned to duty at one or more schools, interacts directly with pupils and whose responsibilities include providing guidance and information to pupils, families and educational personnel concerning the avoidance and prevention of crime. (NRS 388.2358) Existing law authorizes the board of trustees of a school district to employ, appoint or contract for the provision of school police officers. (NRS 391.281) Sections 3 and 9 of this bill require school resource officers and school police officers to receive training in the prevention of suicide.

      Existing law requires the Department to establish a program of training for administrators in the prevention of violence and suicide. (NRS 388.1342) Section 5 of this bill: (1) requires such training to be available to all school district and school personnel; and (2) broadens the scope of such training to include the prevention of all violence and suicide, regardless of whether the violence or suicide is associated with bullying or cyber-bullying.

      Existing law requires the Council to Establish Academic Standards for Public Schools to establish standards of content and performance for courses of study in health. (NRS 389.520) Section 8 of this bill requires the standards established for such courses to include mental health and the relationship between mental health and physical health.

      Existing law creates the Statewide Program for Suicide Prevention. (NRS 439.511) Existing law requires the Program to employ at least one person to act as a trainer for suicide prevention and facilitator for networking for Southern Nevada. Existing law requires such a trainer to provide information and training relating to suicide prevention to law enforcement agencies. (NRS 439.513) Section 14 of this bill requires such training to include training concerning the prevention of suicide by pupils in schools and other educational settings.

 

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

 

      Whereas, According to 2016 data from the United States Centers for Disease Control and Prevention of the United States Department of Health and Human Services, suicide is the second leading cause of death for youth and young adults between the ages of 10 and 24 years; and

      Whereas, School personnel, who interact with children and teenagers on a daily basis, are well-situated to identify the warning signs of suicide and make appropriate referrals for help; and

      Whereas, There are resources available to help persons, including lesbian, gay, bisexual, transgender or questioning youth, who are experiencing suicidal ideation; and

      Whereas, Having at least one supportive adult in the life of a child or teenager, including a lesbian, gay, bisexual, transgender or questioning child or teenager, can reduce the risk of suicide for that child or teenager; and

      Whereas, It is important to ensure that a child or teenager at risk of suicide has the support of his or her community, including churches or other religious institutions, clubs and nonprofit organizations; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  The board of trustees of each school district, the governing body of each charter school that provides instruction to pupils in grades 7 to 12, inclusive, and the governing body of each university school for profoundly gifted pupils shall, in consultation with pupils, parents or guardians of pupils, school employees, persons who provide mental health services to pupils, persons and organizations with expertise in the prevention of suicide and other interested persons and entities:

 


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ê2019 Statutes of Nevada, Page 1761 (CHAPTER 297, SB 204)ê

 

guardians of pupils, school employees, persons who provide mental health services to pupils, persons and organizations with expertise in the prevention of suicide and other interested persons and entities:

      (a) Adopt a policy for the prevention of suicide in grades 7 to 12, inclusive; and

      (b) Review the policy at least once every 5 years and update the policy as necessary.

      2.  The policy adopted pursuant to subsection 1 must include, without limitation:

      (a) Procedures for the prevention of suicide and intervention with a pupil who is at risk of suicide;

      (b) Procedures for outreach to persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the prevention of suicide or intervention with a pupil who is at risk of suicide; and

      (c) Required training for teachers and pupils concerning the prevention of suicide. Such training:

             (1) Must include, without limitation, instruction concerning the identification of:

                   (I) Appropriate mental health services at the school and in the community in which the school is located and when and how to refer pupils and their families for such services; and

                   (II) Other persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to a suicide.

             (2) May include, without limitation, the review of appropriate materials concerning the prevention of suicide or participation in the program of training established pursuant to paragraph (d) of subsection 1 of NRS 388.1342.

      3.  The policy adopted pursuant to subsection 1 must address the needs of groups of pupils at a high risk of suicide, including, without limitation:

      (a) Pupils affected by a suicide;

      (b) Pupils with disabilities, mental illness or substance use disorders;

      (c) Pupils who reside in settings other than a traditional home, including, without limitation, foster care and homelessness;

      (d) Lesbian, gay, bisexual, transgender or questioning pupils; and

      (e) Any other group that scientific research indicates to be at a high risk of suicide.

      4.  The policy adopted pursuant to subsection 1 must not require or authorize a school employee to provide services which he or she is not licensed to provide, including, without limitation, services related to the diagnosis and treatment of mental illness.

      5.  The Department, in consultation with the Office for a Safe and Respectful Learning Environment created by NRS 388.1323 and the Statewide Program for Suicide Prevention created by NRS 439.511, shall develop a model policy on the prevention of suicide in grades 7 to 12, inclusive, to provide guidance to:

      (a) Boards of trustees of school districts and governing bodies of charter schools and university schools for profoundly gifted pupils in the adoption of policies pursuant to subsection 1; and

 


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      (b) Governing bodies of private schools in the adoption of policies pursuant to section 10 of this act.

      6.  The Department, each school district and each public school that maintains an Internet website shall post on the Internet website maintained by the Department, school district or public school, as applicable, a link to the Internet or network site maintained by the Coordinator of the Statewide Program for Suicide Prevention pursuant to NRS 439.511.

      Sec. 3. The board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils shall:

      1.  Ensure that each school resource officer receives training in the prevention of suicide; and

      2.  Allow a school resource officer to complete the training required by subsection 1 electronically and during working hours.

      Sec. 4. NRS 388.1323 is hereby amended to read as follows:

      388.1323  1.  The Office for a Safe and Respectful Learning Environment is hereby created within the Department.

      2.  The Superintendent of Public Instruction shall appoint a Director of the Office, who shall serve at the pleasure of the Superintendent.

      3.  The Director of the Office shall ensure that the Office:

      (a) Maintains a 24-hour, toll-free statewide hotline and Internet website by which any person can report a violation of the provisions of NRS 388.121 to 388.1395, inclusive, and obtain information about anti-bullying efforts and organizations; and

      (b) Provides outreach and anti-bullying education and training for pupils, parents and guardians, teachers, administrators, coaches and other staff members and the members of a governing body. The outreach and training must include, without limitation:

             (1) Training regarding methods, procedures and practice for recognizing bullying and cyber-bullying behaviors;

             (2) Training regarding effective intervention and remediation strategies regarding bullying and cyber-bullying;

             (3) Training regarding methods for reporting violations of NRS 388.135; and

             (4) Information on and referral to available resources regarding suicide prevention and the relationship between bullying or cyber-bullying and suicide [.] , including, without limitation, resources for pupils who are members of groups at a high risk of suicide. Such groups include, without limitation, the groups described in subsection 3 of section 2 of this act.

      4.  The Director of the Office shall establish procedures by which the Office may receive reports of bullying and cyber-bullying and complaints regarding violations of the provisions of NRS 388.121 to 388.1395, inclusive.

      5.  The Director of the Office or his or her designee shall investigate any complaint that a teacher, administrator, coach or other staff member or member of a governing body has violated a provision of NRS 388.121 to 388.1395, inclusive. If a complaint alleges criminal conduct or an investigation leads the Director of the Office or his or her designee to suspect criminal conduct, the Director of the Office may request assistance from the Investigation Division of the Department of Public Safety.

      Sec. 5. NRS 388.1342 is hereby amended to read as follows:

      388.1342  1.  The Department, in consultation with persons who possess knowledge and expertise in bullying and cyber-bullying, shall establish a program of training:

 


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ê2019 Statutes of Nevada, Page 1763 (CHAPTER 297, SB 204)ê

 

      (a) On methods to prevent, identify and report incidents of bullying and cyber-bullying for members of the State Board.

      (b) On methods to prevent, identify and report incidents of bullying and cyber-bullying for the members of a governing body.

      (c) For school district and school personnel to assist those persons with carrying out their powers and duties pursuant to NRS 388.121 to 388.1395, inclusive.

      (d) For [administrators] school district and school personnel in the prevention of violence and suicide, including, without limitation, violence and suicide associated with bullying and cyber-bullying, and appropriate methods to respond to incidents of violence or suicide. Such training must include, without limitation, instruction concerning the identification of:

             (1) Appropriate mental health services at the school and in the community in which the school is located and how and when to refer pupils and their families for such services; and

             (2) Other persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to a suicide.

      (e) For school district and school personnel concerning the needs of persons with diverse gender identities or expressions.

      (f) For school district and school personnel concerning the needs of pupils with disabilities and pupils with autism spectrum disorder.

      2.  Each member of the State Board shall, within 1 year after the member is elected or appointed to the State Board, complete the program of training on bullying and cyber-bullying established pursuant to paragraph (a) of subsection 1 and undergo the training at least one additional time while the person is a member of the State Board.

      3.  Except as otherwise provided in NRS 388.134, each member of a governing body shall, within 1 year after the member begins his or her service on the governing body, complete the program of training on bullying and cyber-bullying established pursuant to paragraph (b) of subsection 1 and undergo the training at least one additional time while the person is a member of the governing body.

      4.  Each administrator of a school shall complete the program of training established pursuant to paragraphs (d), (e) and (f) of subsection 1:

      (a) Within 90 days after becoming an administrator;

      (b) Except as otherwise provided in paragraph (c), at least once every 3 years thereafter; and

      (c) At least once during any school year within which the program of training is revised or updated.

      5.  Each program of training established pursuant to subsection 1 must, to the extent money is available, be made available on the Internet website maintained by the Department or through another provider on the Internet.

      6.  The governing body may allow school personnel to attend the program established pursuant to paragraph (c), (d), (e) or (f) of subsection 1 during regular school hours.

      7.  The Department shall review each program of training established pursuant to subsection 1 on an annual basis to ensure that the program contains current information.

      Sec. 6. NRS 388.229 is hereby amended to read as follows:

      388.229  As used in NRS 388.229 to 388.266, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.231 to 388.2359, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

 


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ê2019 Statutes of Nevada, Page 1764 (CHAPTER 297, SB 204)ê

 

to 388.2359, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 388.253 is hereby amended to read as follows:

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

      (a) A suicide; or

      (b) A crisis or emergency that involves a public school or a private school and that requires immediate action.

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

      (a) In response to a crisis or emergency:

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

             (2) Accounting for all persons within a school;

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

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

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

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

             (7) Providing any necessary medical assistance;

             (8) Recovering from a crisis or emergency;

             (9) Carrying out a lockdown at a school; and

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

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

             (1) An incident involving hazardous materials;

             (2) An incident involving mass casualties;

             (3) An incident involving an active shooter;

             (4) An outbreak of disease;

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

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

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

      (d) Evacuating pupils and employees of a charter school to a designated space within an identified public middle school, junior high school or high school in a school district that is separate from the general population of the school and large enough to accommodate the charter school, and such a space may include, without limitation, a gymnasium or multipurpose room of the public school [.] ;

 


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ê2019 Statutes of Nevada, Page 1765 (CHAPTER 297, SB 204)ê

 

      (e) Responding to a suicide or attempted suicide to mitigate the effects of the suicide or attempted suicide on pupils and staff at the school, including, without limitation, by making counseling and other appropriate resources to assist in recovering from the suicide or attempted suicide available to pupils and staff;

      (f) Providing counseling and other appropriate resources to pupils and school staff who have contemplated or attempted suicide;

      (g) Outreach to persons and organizations located in the community in which a school that has had a suicide by a pupil, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to the suicide; and

      (h) Addressing the needs of pupils at a school that has experienced a crisis, emergency or suicide who are at a high risk of suicide, including, without limitation, pupils who are members of the groups described in subsection 3 of section 2 of this act.

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

      4.  The Department shall require a school district to ensure that each public school in the school district identified pursuant to paragraph (d) of subsection 2 is prepared to allow a charter school to evacuate to the school when necessary in accordance with the procedure included in the model plan developed pursuant to subsection 1. A charter school shall hold harmless, indemnify and defend the school district to which it evacuates during a crisis or an emergency against any claim or liability arising from an act or omission by the school district or an employee or officer of the school district.

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

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

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

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

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

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

      Sec. 8. NRS 389.520 is hereby amended to read as follows:

      389.520  1.  The Council shall:

      (a) Establish standards of content and performance, including, without limitation, a prescription of the resulting level of achievement, for the grade levels set forth in subsection 4, based upon the content of each course, that is expected of pupils for the following courses of study:

             (1) English language arts;

             (2) Mathematics;

             (3) Science;

             (4) Social studies, which includes only the subjects of history, geography, economics and government;

             (5) The arts;

             (6) Computer education and technology, which includes computer science and computational thinking;

             (7) Health;

 


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             (8) Physical education; and

             (9) A foreign or world language.

      (b) Establish a schedule for the periodic review and, if necessary, revision of the standards of content and performance. The review must include, without limitation, the review required pursuant to NRS 390.115 of the results of pupils on the examinations administered pursuant to NRS 390.105.

      (c) Assign priorities to the standards of content and performance relative to importance and degree of emphasis and revise the standards, if necessary, based upon the priorities.

      2.  The standards for computer education and technology must include a policy for the ethical, safe and secure use of computers and other electronic devices. The policy must include, without limitation:

      (a) The ethical use of computers and other electronic devices, including, without limitation:

             (1) Rules of conduct for the acceptable use of the Internet and other electronic devices; and

             (2) Methods to ensure the prevention of:

                   (I) Cyber-bullying;

                   (II) Plagiarism; and

                   (III) The theft of information or data in an electronic form;

      (b) The safe use of computers and other electronic devices, including, without limitation, methods to:

             (1) Avoid cyber-bullying and other unwanted electronic communication, including, without limitation, communication with on-line predators;

             (2) Recognize when an on-line electronic communication is dangerous or potentially dangerous; and

             (3) Report a dangerous or potentially dangerous on-line electronic communication to the appropriate school personnel;

      (c) The secure use of computers and other electronic devices, including, without limitation:

             (1) Methods to maintain the security of personal identifying information and financial information, including, without limitation, identifying unsolicited electronic communication which is sent for the purpose of obtaining such personal and financial information for an unlawful purpose;

             (2) The necessity for secure passwords or other unique identifiers;

             (3) The effects of a computer contaminant;

             (4) Methods to identify unsolicited commercial material; and

             (5) The dangers associated with social networking Internet sites; and

      (d) A designation of the level of detail of instruction as appropriate for the grade level of pupils who receive the instruction.

      3.  The standards for social studies must include multicultural education, including, without limitation, information relating to contributions made by men and women from various racial and ethnic backgrounds. The Council shall consult with members of the community who represent the racial and ethnic diversity of this State in developing such standards.

      4.  The standards for health must include mental health and the relationship between mental health and physical health.

      5.  The Council shall establish standards of content and performance for each grade level in kindergarten and grades 1 to 8, inclusive, for English language arts and mathematics. The Council shall establish standards of content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.

 


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content and performance for the grade levels selected by the Council for the other courses of study prescribed in subsection 1.

      [5.]6.  The Council shall forward to the State Board the standards of content and performance established by the Council for each course of study. The State Board shall:

      (a) Adopt the standards for each course of study, as submitted by the Council; or

      (b) If the State Board objects to the standards for a course of study or a particular grade level for a course of study, return those standards to the Council with a written explanation setting forth the reason for the objection.

      [6.]7.  If the State Board returns to the Council the standards of content and performance for a course of study or a grade level, the Council shall:

      (a) Consider the objection provided by the State Board and determine whether to revise the standards based upon the objection; and

      (b) Return the standards or the revised standards, as applicable, to the State Board.

Ê The State Board shall adopt the standards of content and performance or the revised standards, as applicable.

      [7.]8.  The Council shall work in cooperation with the State Board to prescribe the examinations required by NRS 390.105.

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

      (a) “Computer contaminant” has the meaning ascribed to it in NRS 205.4737.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Electronic communication” has the meaning ascribed to it in NRS 388.124.

      Sec. 9. NRS 391.281 is hereby amended to read as follows:

      391.281  1.  Each applicant for employment or appointment pursuant to this section or employee, except a teacher or other person licensed by the Superintendent of Public Instruction, must, before beginning his or her employment or appointment and at least once every 5 years thereafter, submit to the school district:

      (a) A full set of the applicant’s or employee’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant or employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant or employee.

      (b) Written authorization for the board of trustees of the school district to obtain any information concerning the applicant or employee that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant or employee has resided within the immediately preceding 5 years.

      2.  In conducting an investigation into the background of an applicant or employee, a school district may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant or employee, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant or employee.

      3.  The board of trustees of a school district may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

 


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Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

      (a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring or termination; and

      (b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

      4.  The board of trustees of a school district:

      (a) May accept any gifts, grants and donations to carry out the provisions of subsections 1 and 2.

      (b) May not be held liable for damages resulting from any action of the board of trustees authorized by subsection 2 or 3.

      5.  The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer, including any school police officer that provides services to a charter school pursuant to a contract entered into with the board of trustees pursuant to NRS 388A.384. In addition, persons who provide police services pursuant to subsection 6 or 7 shall be deemed school police officers.

      6.  The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district and on property therein that is owned or occupied by a charter school if the board of trustees has entered into a contract with the charter school for the provision of school police officers pursuant to NRS 388A.384. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district, including, without limitation, any charter school with which the school district has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property owned by the school district and, if applicable, the property owned or occupied by the charter school, but outside the jurisdiction of the metropolitan police department.

      7.  The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district, including, without limitation, in any charter school with which the board of trustees has entered into a contract for the provision of school police officers pursuant to NRS 388A.384, and on property therein that is owned by the school district and, if applicable, the property owned or occupied by the charter school.

 


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      8.  The board of trustees of a school district shall ensure that each school police officer receives training in the prevention of suicide before beginning his or her service as a school police officer.

      Sec. 10. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of each private school that provides instruction to pupils in grades 7 to 12, inclusive, shall, in consultation with pupils, parents or guardians of pupils, school employees, persons who provide mental health services to pupils, persons and organizations with expertise in the prevention of suicide and other interested persons and entities:

      (a) Adopt a policy for the prevention of suicide in grades 7 to 12, inclusive; and

      (b) Review the policy at least once every 5 years and update the policy as necessary.

      2.  The policy adopted pursuant to subsection 1 must include, without limitation:

      (a) Procedures for the prevention of suicide, intervention with a pupil who is at risk of suicide and responding to a suicide or attempted suicide to mitigate the effects of the suicide or attempted suicide on pupils and staff at the school;

      (b) Procedures for outreach to persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the prevention of suicide, intervention with a pupil who is at risk of suicide or response to a suicide or attempted suicide; and

      (c) Required training for teachers and pupils concerning the prevention of suicide. Such training:

             (1) Must include, without limitation, instruction concerning the identification of:

                   (I) Appropriate mental health services at the school and in the community in which the school is located and when and how to refer pupils and their families for such services; and

                   (II) Other persons and organizations in the community in which the school is located, including, without limitation, religious and other nonprofit organizations, that may be able to assist with the response to a suicide.

             (2) May include, without limitation, the review of appropriate materials concerning the prevention of suicide.

      3.  The policy adopted pursuant to subsection 1 may address the needs of groups of pupils at a high risk of suicide, including, without limitation:

      (a) Pupils affected by a suicide;

      (b) Pupils with disabilities, mental illness or substance use disorders;

      (c) Pupils who reside in settings other than a traditional home, including, without limitation, foster care and homelessness;

      (d) Lesbian, gay, bisexual, transgender or questioning pupils; and

      (e) Any other group that scientific research indicates to be at a high risk of suicide.

      4.  The policy adopted pursuant to subsection 1 must not require or authorize a school employee to provide services which he or she is not licensed to provide, including, without limitation, services related to the diagnosis and treatment of mental illness.

 


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      5.  Each private school that maintains an Internet website shall post on the Internet website a link to the Internet or network site maintained by the Coordinator of the Statewide Program for Suicide Prevention pursuant to NRS 439.511.

      Sec. 11. NRS 394.251 is hereby amended to read as follows:

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

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

      (b) Documentation of the actions the institution has taken to comply with the requirements prescribed in NRS 394.16065, 394.1607 and 394.16075 [.] and section 10 of this act.

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

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

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

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

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

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

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

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

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

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

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

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

      (b) Include documentation of the actions the institution has taken to comply with the requirements prescribed in NRS 394.16065, 394.1607 and 394.16075 [.] and section 10 of this act.

 


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

      Sec. 12. NRS 394.301 is hereby amended to read as follows:

      394.301  1.  The Board may revoke or make conditional a license to operate or an agent’s permit after its issuance if it reasonably believes that the holder of the license or permit has violated the Private Elementary and Secondary Education Authorization Act or any regulations adopted under it [.] or has failed to comply with the requirements of section 10 of this act. Prior to the revocation or imposition of conditions, the Superintendent shall notify the holder by certified mail of facts or conduct which warrant the impending action and advise the holder that if a hearing is desired it must be requested within 10 days of receipt of the notice letter.

      2.  If an agent’s permit is revoked or conditions imposed, the Superintendent shall, by certified mail, notify the institutions which the agent represented in addition to the agent and any other parties to any hearing.

      Sec. 13. NRS 394.311 is hereby amended to read as follows:

      394.311  1.  Any person claiming damage either individually or as a representative of a class of complainants as a result of any act by an elementary or secondary educational institution or its agent, or both, which is a violation of the Private Elementary and Secondary Education Authorization Act or regulations promulgated under it [,] or section 10 of this act, may file with the Superintendent a verified complaint against the institution, its agent or both. The complaint must set forth the alleged violation and contain other information as required by regulations of the Board. A complaint may also be filed by the Superintendent on his or her own motion or by the Attorney General.

      2.  The Superintendent shall investigate any verified complaint and may, as part of the investigation, cause an inspection of the elementary or secondary educational institution to be conducted. The Superintendent may attempt to effectuate a settlement by persuasion and conciliation. The Board may consider a complaint after 10 days’ written notice by certified mail to the institution or to the agent, or both, as appropriate, giving notice of a time and place for a hearing.

      3.  If, after consideration of all evidence presented at a hearing, the Board finds that an elementary or secondary educational institution or its agent, or both, has engaged in any act which violates the Private Elementary and Secondary Education Authorization Act or regulations promulgated under it [,] or section 10 of this act, the Board shall issue and the Superintendent shall serve upon the institution or agent, or both, an order to cease and desist from such act. The Board may also, as appropriate, based on the Superintendent’s investigation or the evidence adduced at the hearing, or both, institute an action to revoke an institution’s license or an agent’s permit.

      Sec. 14. NRS 439.513 is hereby amended to read as follows:

      439.513  1.  The Coordinator of the Statewide Program for Suicide Prevention shall employ at least one person to act as a trainer for suicide prevention and facilitator for networking for Southern Nevada.

      2.  Each trainer for suicide prevention:

      (a) Must have at least the following education and experience:

             (1) Three years or more of experience in providing education and training relating to suicide prevention to diverse community groups; or

 


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             (2) A bachelor’s degree, master’s degree or doctoral degree in social work, public health, psychology, sociology, counseling or a closely related field and 2 years or more of experience in providing education and training relating to suicide prevention.

      (b) Should have as many of the following characteristics as possible:

             (1) Significant knowledge and experience relating to suicide and suicide prevention;

             (2) Knowledge of methods of facilitation, networking and community-based suicide prevention programs;

             (3) Experience in working with diverse community groups and constituents; and

             (4) Experience in providing suicide awareness information and suicide prevention training.

      3.  At least one trainer for suicide prevention must be based in a county whose population is 700,000 or more.

      4.  Each trainer for suicide prevention shall:

      (a) Assist the Coordinator of the Statewide Program for Suicide Prevention in disseminating and carrying out the Statewide Program in the county in which the trainer for suicide prevention is based;

      (b) Provide information and training relating to suicide prevention to emergency medical personnel, providers of health care, mental health agencies, social service agencies, churches, public health clinics, school districts, law enforcement agencies and other similar community organizations in the county in which the trainer for suicide prevention is based;

      (c) Assist the Coordinator of the Statewide Program for Suicide Prevention in developing and carrying out public awareness and media campaigns targeting groups of persons who are at risk of suicide in the county in which the trainer for suicide prevention is based;

      (d) Assist in developing a network of community-based programs for suicide prevention in the county in which the trainer for suicide prevention is based, including, without limitation, establishing one or more local advisory groups for suicide prevention; and

      (e) Facilitate the sharing of information and the building of consensuses among multiple constituent groups in the county in which the trainer for suicide prevention is based, including, without limitation, public agencies, community organizations, advocacy groups for suicide prevention, mental health providers and representatives of the various groups that are at risk for suicide.

      5.  Training provided to law enforcement agencies pursuant to paragraph (b) of subsection 4 must include, without limitation, training concerning prevention of suicide by pupils in schools and other educational settings.

      Sec. 15.  The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government which are related to the provisions of this act.

      Sec. 16.  1.  This section and sections 1 to 9, inclusive, 14 and 15 of this act become effective on July 1, 2019.

      2.  Sections 10 to 13, inclusive, of this act become effective on July 1, 2021.

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CHAPTER 298, SB 342

Senate Bill No. 342–Senators Scheible, Parks, Spearman; Dondero Loop and D. Harris

 

CHAPTER 298

 

[Approved: June 1, 2019]

 

AN ACT relating to animals; revising provisions relating to an animal impounded by a county, city or other local government under certain circumstances; providing for a hearing to determine whether a person is the owner of an animal and whether the person is fit and able to provide adequate care and shelter for that animal; requiring and authorizing a court to issue certain orders after such a hearing; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that if a person is lawfully arrested and detained in a county for more than 7 days, and if the county impounds any animal owned or possessed by the person, the county must: (1) notify the person of the impoundment and request that the person provide to the county the name of any person who is authorized to care for the animal; (2) transfer, under certain circumstances, the animal to the person who is so authorized; and (3) if there is no such person, allow another person to care for the animal temporarily and, with the consent of the person who is arrested and detained, adopt the animal. Existing law also authorizes the county to bring an appropriate legal action to recover the reasonable cost of care and shelter of the animal under certain circumstances. Finally, existing law defines the term “animal” for the purpose of an animal impounded by a county under such circumstances. (NRS 171.1539) Section 1 of this bill provides that if a person is lawfully arrested and detained in a county, city or other local government, other than for a violation of certain acts which constitute engaging in cruelty to animals, and the county impounds any animal owned or possessed by the person, the county may, within 10 days after the arrest: (1) allow another person who is able to provide adequate care and shelter to care for the animal temporarily; or (2) take possession of the animal. Section 1 also requires the State to create and maintain a written notice which: (1) informs the person that an animal owned or possessed by the person may have been impounded; (2) provides the current contact information of an animal shelter in each county, city or other local government responsible for impounding the animal; (3) is made available in certain languages; (4) is provided to each county or city jail or detention facility; and (5) must be posted in a conspicuous place in each county or city jail or detention facility. Additionally, section 1 revises the definition of the term “animal” to include an animal which is maintained as a pet whether or not the animal is domesticated.

      Existing law requires a peace officer or animal control officer to take possession of an animal being treated cruelly. Existing law also requires an officer to provide certain notices to the owner of an animal of which the officer took possession. Existing law authorizes such an officer to impose a lien on the animal for the reasonable cost of care and shelter of the animal. (NRS 574.055) Sections 3-9 of this bill establish provisions relating to an animal impounded incident to the lawful arrest of a person in violation of provisions relating to an act which constitutes cruelty to animals. Section 7 of this bill requires notice be provided to such a person of his or her right to request a hearing to determine whether the person is the owner of the animal and whether the person is able or fit to provide adequate care and shelter to the animal. Section 7 requires a person to request such a hearing within 5 days after receipt of the notice. Section 7 requires the court hold such a hearing within 15 judicial days after receiving notice of the request. Section 8 of this bill requires the court to order, under certain circumstances, another person to take possession of the animal.

 


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animal. If the court determines that the person detained is not the owner of the animal or is not able or fit to provide adequate care and shelter of the animal, section 8: (1) requires the court to order the person not to own or possess the animal and to order the transfer of the animal; and (2) authorizes the court to order the impoundment of certain other animals or enjoin the person from owning or possessing other animals. Section 9 of this bill authorizes: (1) the county, city or other local government or animal shelter to bring an appropriate legal action to recover the reasonable cost of the shelter and care of the animal; and (2) the court to order a later and separate hearing for such an action.

      Section 11 of this bill revises the notices provided to the owner of an animal of which an officer took possession to include notice of the right of the owner to request a hearing pursuant to section 7 to determine ownership of the animal and whether the owner is able or fit to provide adequate care and shelter to the animal.

 

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 171.1539 is hereby amended to read as follows:

      171.1539  1.  [If] Except as otherwise provided in sections 3 to 9, inclusive, of this act, if a person is lawfully arrested and detained [in a county for more than 7 days,] and [if] any animal owned or possessed by the person is impounded by the county , city or other local government in which the person is arrested at the time of the arrest or after the arrest, [the county must notify the person of the impoundment of the animal and request that] the person may provide [to the county] the name of any person who is authorized to care for the animal. The county , city or other local government or animal shelter must transfer the animal to such a person if the county , city or other local government determines that the person is able to provide adequate care and shelter to the animal. If [there is] within 10 days after the county, city or other local government impounds the animal no such authorized person [who] is able to provide adequate care and shelter to the animal, the county [may allow] , city or other local government or animal shelter:

      (a) May allow another person who is able to provide adequate care and shelter to care for the animal temporarily [and, with the consent of the person who is arrested and detained, allow the other person to adopt the animal.] ; or

      (b) May take possession of the animal.

      2.  [If] The State shall create and maintain a written notice which must:

      (a) Inform the person or the public that an animal, owned or possessed by a person who has been arrested and detained, may have been impounded;

      (b) Include the current contact information of each animal shelter in each county, city or other local government responsible for:

             (1) Impounding an animal; and

             (2) Providing care and shelter to an animal;

      (c) Be available in English, Spanish, Tagalog and Standard Chinese;

      (d) Be provided to each county or city jail or detention facility; and

 


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      (e) Be posted in a conspicuous place in each county or city jail or detention facility.

      3.  A person lawfully arrested and detained:

      (a) May make a reasonable number of completed telephone calls from a county or city jail or detention facility for the purpose of locating an animal impounded pursuant to this section; and

      (b) Shall not be charged for each completed call to an animal shelter listed in the written notice posted pursuant to subsection 2.

      4.  If a person is convicted of the crime for which he or she was lawfully arrested, the county , city or other local government or animal shelter may by appropriate legal action recover the reasonable cost of any care and shelter furnished to the animal by the county, city or other local government or animal shelter, including, without limitation, imposing a lien on the animal for the cost of such care and shelter.

      [3.] 5.  The board of county commissioners of each county, if its jurisdiction to enact and enforce ordinances relating to animals is not limited by an interlocal agreement, may adopt an ordinance which provides for time of not less than 5 days to a person lawfully arrested or detained for the purpose of providing the person a reasonable opportunity to locate another person to take possession of an animal. Such a reasonable opportunity is provided upon assistance from a county, city or other local government or an animal shelter.

      6.  The city council or other governing body of each incorporated city, whether organized under general law or special charter, if its jurisdiction to enact and enforce ordinances relating to animals is not limited by an interlocal agreement, may adopt an ordinance which provides for time of not less than 5 days to a person lawfully arrested or detained for the purpose of providing the person a reasonable opportunity to locate another person to take possession of an animal. Such a reasonable opportunity is provided upon assistance from a county, city or other local government or an animal shelter.

      7.  As used in this section [, “animal”] :

      (a) “Animal” means any dog, cat, horse , [or] other domesticated animal [.] or undomesticated animal which is maintained as a pet. The term:

      [(a)](1) Includes any chicken, pig, rabbit or other [domesticated] animal which is maintained as a pet [.

      (b)] whether or not the animal is domesticated.

             (2) Except as otherwise provided in [paragraph (a),] subparagraph 1, does not include any cattle, sheep, goats, swine or poultry.

      (b) “Animal shelter” has the meaning ascribed to it in NRS 574.240.

      Sec. 2. Chapter 574 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 9, inclusive, of this act.

      Sec. 3. As used in sections 3 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Animal” has the meaning ascribed to it in NRS 171.1539.

      Sec. 5. “Animal rescue organization” has the meaning ascribed to it in NRS 574.205.

      Sec. 6. “Animal shelter” has the meaning ascribed to it in NRS 574.240.

 


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      Sec. 7. 1.  If a person is lawfully arrested for a violation of NRS 574.070 or 574.100 and if an animal owned or possessed by the person is impounded by the county, city or other local government in connection with the arrest, the person must be notified in accordance with the provisions of subsection 2 of NRS 574.055 and be notified of his or her right to request a hearing within 5 days after receipt of the notice to determine whether the person is the owner of the animal and whether the person is able to provide adequate care and shelter to the animal. The person must request a hearing pursuant to this subsection within 5 days after receipt of the notice pursuant to this subsection.

      2.  If a person who is lawfully arrested and detained for a violation of NRS 574.070 or 574.100 does not request a hearing pursuant to subsection 1, or an owner of the animal has not been identified within 5 days of arrest, the county, city or other local government shall transfer ownership of the animal to an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal.

      3.  If the court receives a timely request pursuant to subsection 1, the court shall hold a hearing within 15 judicial days after receipt of the request to determine whether the person is the owner of an animal and whether the person is able and fit to provide adequate care and shelter to the animal.

      4.  For the purpose of conducting a hearing pursuant to this section, the court may consider:

      (a) Testimony of the peace officer or animal control officer who took possession of or impounded the animal or other witnesses concerning the conditions under which the animal was owned or kept;

      (b) Testimony and evidence related to veterinary care provided to the animal, including, without limitation, the degree or type of care provided to the animal;

      (c) Expert testimony as to community standards for the reasonable care of a similar animal;

      (d) Testimony of witnesses concerning the history of treatment of the animal or any other animal owned or possessed by the person;

      (e) Prior arrests or convictions related to subjecting an animal to an act of cruelty in violation of NRS 574.070 or 574.100; and

      (f) Any other evidence which the court determines is relevant.

      Sec. 8. 1.  If the court determines by clear and convincing evidence that the person detained is the owner of the animal and the person is able and fit to provide adequate care and shelter for the animal, the court shall order the person or the designee of the person to take possession of the animal not later than 3 days after the issuance of the order.

      2.  If the court determines that there is not clear and convincing evidence that the person arrested is the owner of the animal or that the person detained is not able and fit to provide adequate care and shelter for the animal, the court shall order:

      (a) The person not to own or possess the animal; and

      (b) The county, city or other local government to transfer the animal to an animal rescue organization, animal shelter or another person who is able to provide adequate care and shelter to the animal.

      3.  If the court makes a determination pursuant to subsection 2, the court may:

 


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ê2019 Statutes of Nevada, Page 1777 (CHAPTER 298, SB 342)ê

 

      (a) Order the impoundment of any other animals owned or possessed by the person arrested; or

      (b) Enjoin the person from owning or possessing any animal.

      Sec. 9. If the court makes a determination pursuant to subsection 2 of section 8 of this act, the county, city or other local government or animal shelter may by appropriate action recover the reasonable cost of any care and shelter furnished to the animal. The court may order a later and separate hearing to make a determination about such costs.

      Sec. 10. NRS 574.050 is hereby amended to read as follows:

      574.050  As used in NRS 574.050 to 574.200, inclusive [:] , and sections 3 to 9, inclusive, of this act:

      1.  “Animal” does not include the human race, but includes every other living creature.

      2.  “First responder” means a person who has successfully completed the national standard course for first responders.

      3.  “Police animal” means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer.

      4.  “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

      Sec. 11. NRS 574.055 is hereby amended to read as follows:

      574.055  Except as otherwise provided in sections 3 to 9, inclusive, of this act:

      1.  Any peace officer or animal control officer shall, upon discovering any animal which is being treated cruelly, take possession of it and provide it with shelter and care or, upon obtaining written permission from the owner of the animal, may destroy it in a humane manner.

      2.  If an officer takes possession of an animal, the officer shall give to the owner, if the owner can be found, a notice containing a written statement of the reasons for the taking, the location where the animal will be cared for and sheltered, [and] the fact that there is a limited lien on the animal for the cost of shelter and care [.] and notice of the right of the owner to request a hearing pursuant to section 7 of this act within 5 days after receipt of the notice. If the owner is not present at the taking and the officer cannot find the owner after a reasonable search, the officer shall post the notice on the property from which the officer takes the animal. If the identity and address of the owner are later determined, the notice must be mailed to the owner immediately after the determination is made.

      3.  An officer who takes possession of an animal pursuant to this section has a lien on the animal for the reasonable cost of care and shelter furnished to the animal and, if applicable, for its humane destruction. The lien does not extend to the cost of care and shelter for more than 2 weeks.

      4.  Upon proof that the owner has been notified in accordance with the provisions of subsection 2 or, if the owner has not been found or identified, that the required notice has been posted on the property where the animal was found, a court of competent jurisdiction may, after providing an opportunity for a hearing, order the animal sold at auction, humanely destroyed or continued in the care of the officer for such disposition as the officer sees fit.

      5.  An officer who seizes an animal pursuant to this section is not liable for any action arising out of the taking or humane destruction of the animal.

 


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      6.  The provisions of this section do not apply to any animal which is located on land being employed for an agricultural use as defined in NRS 361A.030 unless the owner of the animal or the person charged with the care of the animal is in violation of paragraph (c) of subsection 1 of NRS 574.100 and the impoundment is accomplished with the concurrence and supervision of the sheriff or the sheriff’s designee, a licensed veterinarian and the district brand inspector or the district brand inspector’s designee. In such a case, the sheriff shall direct that the impoundment occur not later than 48 hours after the veterinarian determines that a violation of paragraph (c) of subsection 1 of NRS 574.100 exists.

      7.  The owner of an animal impounded in accordance with the provisions of subsection 6 must, before the animal is released to the owner’s custody, pay the charges approved by the sheriff as reasonably related to the impoundment, including the charges for the animal’s food and water. If the owner is unable or refuses to pay the charges, the State Department of Agriculture shall sell the animal. The Department shall pay to the owner the proceeds of the sale remaining after deducting the charges reasonably related to the impoundment.

      Sec. 12.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

________

CHAPTER 299, SB 424

Senate Bill No. 424–Senator Ohrenschall

 

CHAPTER 299

 

[Approved: June 1, 2019]

 

AN ACT relating to mental health; requiring the establishment of a system to categorize recipients of community-based living arrangement services by the scope of services needed; requiring the establishment of procedures for the appeal of decisions relating to eligibility for or authorization of community-based living arrangement services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to adopt regulations that specify the circumstances under which a consumer is eligible to receive mental health services from the Division, including care, treatment, treatment to competency and training. (NRS 433.3315) This bill requires those regulations to prescribe a system to categorize recipients of community-based living arrangement services by the scope of services needed by the recipients. This bill also requires the Division to adopt regulations to establish procedures by which a recipient of community-based living arrangement services may appeal a decision of the Division concerning eligibility for or authorization of services.

 

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 1779 (CHAPTER 299, SB 424)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 433.3315 is hereby amended to read as follows:

      433.3315  The Division shall adopt regulations:

      1.  To define the term “consumer” for the purposes of chapters 433 to 433C, inclusive, of NRS.

      2.  To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to chapters 433 to 433C, inclusive, of NRS, including, but not limited to, care, treatment, treatment to competency and training. Regulations adopted pursuant to this subsection must [specify] :

      (a) Prescribe a system to categorize a recipient of community-based living arrangement services by the scope of services needed by the recipient; and

      (b) Specify that a consumer is eligible to receive services only if the consumer:

      [(a)](1) Has a documented diagnosis of a mental disorder based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and

      [(b)](2) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.

      3.  To specify the circumstances under which the provisions of subparagraph (2) of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.

      4.  To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.

      5.  To establish procedures by which a recipient of community-based living arrangement services with which the Division has entered into a contract may appeal a decision of the Division concerning eligibility for or authorization of services.

      6.  As used in this section, “community-based living arrangement services” has the meaning ascribed to it in NRS 433.605.

      Sec. 2.  This act becomes effective:

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

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

________

 


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ê2019 Statutes of Nevada, Page 1780ê

 

CHAPTER 300, SB 502

Senate Bill No. 502–Senator Woodhouse

 

CHAPTER 300

 

[Approved: June 1, 2019]

 

AN ACT relating to social workers; revising certain licensing fees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the maximum application and licensing fees the Board of Examiners for Social Workers may charge. (NRS 641B.300) This bill increases the maximum amounts that can be charged by the Board.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 641B.300 is hereby amended to read as follows:

      641B.300  1.  The Board shall charge and collect fees not to exceed the following amounts for:

 

Initial application.......................................................................... [$40] $200

Provisional license............................................................................ [75] 150

Initial issuance of a license [, including a license by endorsement] as a social worker  [100] 250

Initial issuance of a license as a clinical social worker or an independent social worker     350

Initial issuance of a license by endorsement..................................... 200

Annual renewal of a license as a social worker or an associate in social work     175

Annual renewal of a license as a clinical social worker or an independent social worker      [150] 225

Restoration of a suspended license or reinstatement of a revoked license     150

Restoration of an expired license............................................................ 200

Renewal of a delinquent license.............................................................. 100

[Reciprocal license without examination............................................... 100]

 

      2.  [If an applicant submits an application for a license by endorsement pursuant to NRS 641B.271, the Board shall charge and collect not more than the fees specified in subsection 1 for the initial application for and initial issuance of a license.

      3.]  If an applicant submits an application for a license by endorsement pursuant to NRS 641B.272, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

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

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CHAPTER 301, SB 523

Senate Bill No. 523–Committee on Finance

 

CHAPTER 301

 

[Approved: June 1, 2019]

 

AN ACT relating to making a supplemental appropriation to the Department of Education for an unanticipated shortfall in personnel services expenditures for literacy programs; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Education the sum of $11,344 for an unanticipated shortfall in personnel services expenditures for literacy programs. This appropriation is supplemental to that made by section 15 of chapter 396, Statutes of Nevada 2017, at page 2635.

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

________

CHAPTER 302, SB 524

Senate Bill No. 524–Committee on Finance

 

CHAPTER 302

 

[Approved: June 1, 2019]

 

AN ACT making a supplemental appropriation to the Non-State Retiree Rate Mitigation Account, created by section 72 of chapter 396, Statutes of Nevada 2017, at page 2650, for a projected shortfall related to payment of supplemental subsidies for coverage of non-state, non-Medicare retirees under the Public Employees’ Benefits Program; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Non-State Retiree Rate Mitigation Account, created by section 72 of chapter 396, Statutes of Nevada 2017, at page 2650, the sum of $127,819 for a projected shortfall related to the payment of supplemental subsidies for coverage of non-state, non-Medicare retirees under the Public Employees’ Benefits Program for the Fiscal Year 2018-2019. This appropriation is supplemental to that made in section 72 of chapter 396, Statutes of Nevada 2017, at page 2650.

 


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

________

CHAPTER 303, SB 475

Senate Bill No. 475–Committee on Education

 

CHAPTER 303

 

[Approved: June 2, 2019]

 

AN ACT relating to education; requiring the development of an electronic tool for providing documents concerning evaluations of educational employees to the employees; requiring certain licensed educational personnel to be evaluated pursuant to the statewide performance evaluation system; reducing the percentage of the evaluation of a teacher or certain administrators comprised by pupil performance; requiring the evaluator of an educational employee to consider certain factors relating to the ratios of pupils per licensed teacher; removing certain sanctions for a teacher or administrator whose performance is designated as developing; requiring a study of the impact and validity of the statewide performance evaluation system; requiring the Department of Education, in collaboration with the Teachers and Leaders Council, to make certain recommendations concerning the statewide performance evaluation system; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Education to establish a statewide performance evaluation system for evaluating the performance of educational employees. (NRS 391.465) Section 1 of this bill requires the Department of Education to develop an electronic tool for providing documents concerning such evaluations to educational employees. Section 2 of this bill makes a conforming change.

      Existing law prescribes separate requirements concerning the evaluation of teachers and administrators, including: (1) administrators who provide primarily administrative services at the school level; and (2) administrators at the district level who provide direct supervision of the principal of a school. (NRS 391.680-391.720) Existing law additionally authorizes the State Board to provide for evaluations of counselors, librarians and other licensed educational personnel, except for teachers and administrators. (NRS 391.675) Section 6 of this bill instead requires such other licensed educational personnel to be evaluated annually in a similar manner to teachers. Sections 3, 5 and 7 of this bill make conforming changes.

      Existing law requires pupil growth to account for 40 percent of the evaluation of a teacher or administrator who provides direct instructional services to pupils at a school. (NRS 391.465, 391.480) Section 4 of this bill instead requires pupil growth to account for 15 percent of the evaluation of a teacher or such an administrator beginning with the 2019-2020 school year. Section 4 also requires an administrator who performs such an evaluation to consider any effects of the ratios of pupils per teacher that exceed the recommended ratios prescribed by the State Board. Section 10 of this bill requires the Department, in collaboration with the Teachers and Leaders Council, to make recommendations to the State Board concerning the necessary changes to the statewide performance evaluation system to address the reduced weight of pupil growth in evaluations.

 


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      Existing law requires the overall performance of an educational employee to be designated as highly effective, effective, developing or ineffective. (NRS 391.465) Existing law: (1) authorizes a school district not to renew the contract of a probationary teacher or certain administrators whose performance is designated as developing or ineffective; and (2) requires a postprobationary employee whose performance is designated as developing or ineffective for 2 consecutive years to serve an additional probationary period. (NRS 391.725, 391.730) Section 7 of this bill removes authorization for a school district not to renew the contract of a probationary teacher or administrator whose performance is designated as developing. Section 8 of this bill removes the requirement that a postprobationary employee whose performance is designated as developing for 2 consecutive years must serve an additional probationary period. Section 9 of this bill requires the Department to enter into a contract with a consultant to study the impact and validity of the statewide performance evaluation system.

 

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 a new section to read as follows:

      The Department shall, in consultation with the boards of trustees of school districts and the Council, develop an electronic tool for providing documents concerning evaluations conducted pursuant to NRS 391.680 to 391.730, inclusive, to teachers, administrators and other licensed educational personnel. The tool must allow an administrator who conducts an evaluation to:

      1.  Immediately share documents concerning the evaluation with the teacher, administrator or other licensed educational employee who is the subject of the evaluation; and

      2.  Recommend professional development courses to improve the performance and knowledge of the teacher, administrator or other licensed educational employee who is the subject of the evaluation.

      Sec. 2. NRS 391.450 is hereby amended to read as follows:

      391.450  As used in NRS 391.450 to 391.485, inclusive, and section 1 of this act, “Council” means the Teachers and Leaders Council of Nevada created by NRS 391.455.

      Sec. 3. NRS 391.460 is hereby amended to read as follows:

      391.460  1.  The Council shall:

      (a) Make recommendations to the State Board concerning the adoption of regulations for establishing a statewide performance evaluation system to ensure that teachers, administrators who provide primarily administrative services at the school level , [and] administrators at the district level who provide direct supervision of the principal of a school, and who do not provide primarily direct instructional services to pupils, and other licensed educational personnel, regardless of whether licensed as a teacher or administrator, including, without limitation, a principal and vice principal are:

             (1) Evaluated using multiple, fair, timely, rigorous and valid methods, which includes evaluations based upon pupil growth as required by NRS 391.465;

             (2) Afforded a meaningful opportunity to improve their effectiveness through professional development that is linked to their evaluations; and

 


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             (3) Provided with the means to share effective educational methods with other teachers , [and] administrators and other licensed educational personnel throughout this State.

      (b) Develop and recommend to the State Board a plan, including duties and associated costs, for the development and implementation of the performance evaluation system by the Department and school districts.

      (c) Consider the role of professional standards for teachers , [and] administrators and other licensed educational personnel to which paragraph (a) applies and, as it determines appropriate, develop a plan for recommending the adoption of such standards by the State Board.

      (d) Develop and recommend to the State Board a process for peer observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching.

      2.  The performance evaluation system recommended by the Council must ensure that:

      (a) Data derived from the evaluations is used to create professional development programs that enhance the effectiveness of teachers , [and] administrators [;] and other licensed educational personnel; and

      (b) A timeline is included for monitoring the performance evaluation system at least annually for quality, reliability, validity, fairness, consistency and objectivity.

      3.  The Council may establish such working groups, task forces and similar entities from within or outside its membership as necessary to address specific issues or otherwise to assist in its work.

      4.  The State Board shall consider the recommendations made by the Council pursuant to this section and shall adopt regulations establishing a statewide performance evaluation system as required by NRS 391.465.

      Sec. 4. NRS 391.465 is hereby amended to read as follows:

      391.465  1.  The State Board shall, based upon the recommendations of the Teachers and Leaders Council of Nevada submitted pursuant to NRS 391.460, adopt regulations establishing a statewide performance evaluation system which incorporates multiple measures of an employee’s performance. Except as otherwise provided in subsection 3, the State Board shall prescribe the tools to be used by a school district for obtaining such measures.

      2.  The statewide performance evaluation system must:

      (a) Require that an employee’s overall performance is determined to be:

             (1) Highly effective;

             (2) Effective;

             (3) Developing; or

             (4) Ineffective.

      (b) Include the criteria for making each designation identified in paragraph (a) [.] , which must include, without limitation, consideration of whether the classes for which the employee is responsible exceed the applicable recommended ratios of pupils per licensed teacher prescribed by the State Board pursuant to NRS 388.890 and, if so, the degree to which the ratios affect:

             (1) The ability of the employee to carry out his or her professional responsibilities; and

 


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             (2) The instructional practices of the employee.

      (c) Except as otherwise provided in subsections 2 and 3 of NRS 391.695 and subsections 2 and 3 of NRS 391.715, require that pupil growth, as determined pursuant to NRS 391.480, account for [40] 15 percent of the evaluation [.] of a teacher or administrator who provides direct instructional services to pupils at a school in a school district.

      (d) Include an evaluation of whether the teacher, or administrator who provides primarily administrative services at the school level or administrator at the district level who provides direct supervision of the principal of a school, and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal [,] or licensed educational employee, other than a teacher or administrator, employs practices and strategies to involve and engage the parents and families of pupils.

      (e) Include a process for peer observations of teachers by qualified educational personnel which is designed to provide assistance to teachers in meeting the standards of effective teaching, and includes, without limitation, conducting observations, participating in conferences before and after observations of the teacher and providing information and resources to the teacher about strategies for effective teaching. The regulations must include the criteria for school districts to determine which educational personnel are qualified to conduct peer observations pursuant to the process.

      3.  A school district may apply to the State Board to use a performance evaluation system and tools that are different than the evaluation system and tools prescribed pursuant to subsection 1. The application must be in the form prescribed by the State Board and must include, without limitation, a description of the evaluation system and tools proposed to be used by the school district. The State Board may approve the use of the proposed evaluation system and tools if it determines that the proposed evaluation system and tools apply standards and indicators that are equivalent to those prescribed by the State Board.

      4.  An administrator at the district level who provides direct supervision of the principal of a school and who also serves as the superintendent of schools of a school district must not be evaluated using the statewide performance evaluation system.

      Sec. 4.5. (Deleted by amendment.)

      Sec. 5. NRS 391.485 is hereby amended to read as follows:

      391.485  1.  The State Board shall annually review the statewide performance evaluation system to ensure accuracy and reliability. Such a review must include, without limitation, an analysis of the:

      (a) Number and percentage of teachers , [and] administrators and other licensed educational personnel who receive each designation identified in paragraph (a) of subsection 2 of NRS 391.465 in each school, school district, and the State as a whole;

      (b) Data used to evaluate pupil growth in each school, school district and the State as a whole, including, without limitation, any observations; and

      (c) Effect of the evaluations conducted pursuant to the statewide system of accountability for public schools on the academic performance of pupils enrolled in the school district in each school and school district, and the State as a whole.

 


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      2.  The board of trustees of each school district shall annually review the manner in which schools in the school district carry out the evaluation of teachers , [and] administrators and other licensed educational personnel pursuant to the statewide performance evaluation system.

      3.  The Department may review the manner in which the statewide performance evaluation system is carried out by each school district, including, without limitation, the manner in which the learning goals for pupils are established and evaluated pursuant to NRS 391.480.

      Sec. 6. NRS 391.675 is hereby amended to read as follows:

      391.675  1.  The State Board [may provide] shall adopt regulations providing for evaluations of counselors, librarians and other licensed educational personnel, except for teachers and administrators, and determine the manner in which to measure the performance of such personnel, including, without limitation, whether to use pupil achievement data as part of the evaluation. The regulations adopted pursuant to this section must require:

      (a) The evaluation of each counselor, librarian or other licensed educational employee at least once each school year; and

      (b) Such evaluations to be conducted, to the extent practicable, in a similar manner to the evaluations of teachers conducted pursuant to NRS 391.680 to 391.695, inclusive.

      2.  The counselor, librarian or other licensed educational employee must receive a copy of each evaluation not later than 15 days after the evaluation. A copy of the evaluation and the response of the employee must be permanently attached to the personnel file of the employee. Upon the request of the counselor, librarian or other licensed educational employee, a reasonable effort must be made to assist the employee to improve his or her performance based upon the recommendations reported in the evaluation of the employee.

      Sec. 7. NRS 391.725 is hereby amended to read as follows:

      391.725  1.  If a written evaluation of a probationary teacher, [or] a probationary administrator who provides primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the probationary administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal [,] or a probationary licensed educational employee, other than a teacher or administrator, designates the overall performance of the teacher , [or] administrator or probationary licensed educational employee as [“developing” or] “ineffective”:

      (a) The written evaluation must include the following statement: “Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive [a ‘developing’ or] an ‘ineffective’ evaluation and are reemployed for a second or third year of your probationary period, you may request that your next evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in improving your performance based upon the recommendations reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in improving your performance.”

 


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      (b) The probationary teacher , [or] probationary administrator [,] or probationary licensed educational employee, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).

      2.  If a probationary teacher , [or] probationary administrator or probationary licensed educational employee, other than a teacher or administrator, to which subsection 1 applies requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection 1, the administrator conducting the evaluation must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the probationary teacher , [or] probationary administrator [,] or probationary licensed educational employee, other than a teacher or administrator, as applicable, from a list of three candidates submitted by the superintendent.

      3.  If a probationary teacher , [or] probationary administrator or probationary licensed educational employee, other than a teacher or administrator to which subsection 1 applies requests assistance in improving performance reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher , [or] probationary administrator or probationary licensed educational employee, as applicable, in improving his or her performance.

      Sec. 8. NRS 391.730 is hereby amended to read as follows:

      391.730  Except as otherwise provided in NRS 391.825, a postprobationary employee who receives an evaluation designating his or her overall performance as:

      1.  [Developing;

      2.]  Ineffective; or

      [3.]2.  Developing during 1 year of the 2-year consecutive period and ineffective during the other year of the period,

Ê for 2 consecutive school years shall be deemed to be a probationary employee for the purposes of NRS 391.650 to 391.830, inclusive, and must serve an additional probationary period in accordance with the provisions of NRS 391.820.

      Sec. 9.  The Department of Education shall:

      1.  Enter into a contract with a consultant to study the impact and validity of the statewide performance evaluation system established pursuant to NRS 391.465, as amended by section 4 of this act.

      2.  Request an allocation by the Interim Finance Committee from the Contingency Account pursuant to NRS 353.266, 353.268 and 353.269 for the money needed to conduct the study.

      3.  On or before July 1, 2020:

      (a) Submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education a report of the findings of the study conducted pursuant to subsection 1; and

      (b) Present the findings of the study conducted pursuant to subsection 1 at a meeting of the Legislative Committee on Education.

      Sec. 10. On or before January 1, 2020, the Department of Education, in collaboration with the Teachers and Leaders Council, shall provide to the State Board of Education recommendations concerning the manner in which to revise performance measures and the weight applicable to such measures in the statewide performance evaluation system established pursuant to NRS 391.465, as amended by section 4 of this act, to address the reduced weight of pupil growth in evaluations pursuant to the amendatory provisions of section 4 of this act.

 


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ê2019 Statutes of Nevada, Page 1788 (CHAPTER 303, SB 475)ê

 

to revise performance measures and the weight applicable to such measures in the statewide performance evaluation system established pursuant to NRS 391.465, as amended by section 4 of this act, to address the reduced weight of pupil growth in evaluations pursuant to the amendatory provisions of section 4 of this act. The Department may solicit the input of educational employees and other interested persons in developing its recommendations.

      Sec. 11.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 12.  This act becomes effective on July 1, 2019.

________

CHAPTER 304, AB 95

Assembly Bill No. 95–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 304

 

[Approved: June 3, 2019]

 

AN ACT relating to water; requiring the State Engineer to continue to allow withdrawals of groundwater from domestic wells under certain circumstances in groundwater basins where withdrawals have been restricted to conform to priority rights; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Engineer to conduct investigations in any basin or portion thereof where it appears that the average annual replenishment to the groundwater supply may not be adequate for the needs of all permittees and vested rights claimants. If the State Engineer confirms that the average annual replenishment to the groundwater supply may not be adequate, he or she may order that withdrawals, including withdrawals from domestic wells, be restricted to conform to priority rights. (NRS 534.110)

      Existing law: (1) authorizes the State Engineer to designate as a critical management area any groundwater basin in which withdrawals of groundwater consistently exceed the perennial yield of the basin; and (2) requires the State Engineer to designate as a critical management area any groundwater basin in which withdrawals of groundwater consistently exceed the perennial yield of the basin upon receipt of a petition for such designation. If a groundwater basin is designated as a critical management area for at least 10 consecutive years, the State Engineer is required to order that withdrawals, including withdrawals from domestic wells, be restricted to conform to priority rights. (NRS 534.110)

      This bill provides that if a court of competent jurisdiction orders the State Engineer to restrict withdrawals to conform to priority rights or if the State Engineer orders that withdrawals be restricted to conform to priority rights in any of these groundwater basins, the State Engineer must limit the restriction on withdrawals from domestic wells to allow a domestic well to continue to withdraw 0.5 acre-feet of water per year if the owner of the domestic well installs or has installed a water meter to record the withdrawal.

 

 

 

 

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 534.110 is hereby amended to read as follows:

      534.110  1.  The State Engineer shall administer this chapter and shall prescribe all necessary regulations within the terms of this chapter for its administration.

      2.  The State Engineer may:

      (a) Require periodical statements of water elevations, water used, and acreage on which water was used from all holders of permits and claimants of vested rights.

      (b) Upon his or her own initiation, conduct pumping tests to determine if overpumping is indicated, to determine the specific yield of the aquifers and to determine permeability characteristics.

      3.  The State Engineer shall determine whether there is unappropriated water in the area affected and may issue permits only if the determination is affirmative. The State Engineer may require each applicant to whom a permit is issued for a well:

      (a) For municipal, quasi-municipal or industrial use; and

      (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê to report periodically to the State Engineer concerning the effect of that well on other previously existing wells that are located within 2,500 feet of the well.

      4.  It is a condition of each appropriation of groundwater acquired under this chapter that the right of the appropriator relates to a specific quantity of water and that the right must allow for a reasonable lowering of the static water level at the appropriator’s point of diversion. In determining a reasonable lowering of the static water level in a particular area, the State Engineer shall consider the economics of pumping water for the general type of crops growing and may also consider the effect of using water on the economy of the area in general.

      5.  This section does not prevent the granting of permits to applicants later in time on the ground that the diversions under the proposed later appropriations may cause the water level to be lowered at the point of diversion of a prior appropriator, so long as any protectable interests in existing domestic wells as set forth in NRS 533.024 and the rights of holders of existing appropriations can be satisfied under such express conditions. At the time a permit is granted for a well:

      (a) For municipal, quasi-municipal or industrial use; and

      (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê the State Engineer shall include as a condition of the permit that pumpin