[Rev. 12/20/2019 5:04:04 PM]

Link to Page 2804

 

…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2805ê

 

CHAPTER 469, SB 527

Senate Bill No. 527–Committee on Finance

 

CHAPTER 469

 

[Approved: June 6, 2019]

 

AN ACT making appropriations to the Division of Child and Family Services for deferred maintenance projects and security camera system upgrades at various facilities; 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 Division of Child and Family Services of the Department of Health and Human Services the sum of $231,250 for deferred maintenance projects for the security and operation of the Caliente Youth Center.

      Sec. 2.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the sum of $110,608 for the replacement of equipment of the Caliente Youth Center.

      Sec. 3.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the sum of $780,206 for deferred maintenance projects for the security and operation of the Nevada Youth Training Center.

      Sec. 4.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services, Northern Nevada Child and Adolescent Services, the sum of $113,396 for security camera system upgrades at the Adolescent Treatment Center, the Family Learning Homes and the agency administration building.

      Sec. 5.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services, Southern Nevada Child and Adolescent Services, the sum of $204,240 for the security and operation of the Children’s Mental Health facilities.

      Sec. 6.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services the sum of $308,723 for deferred maintenance projects at the Summit View Youth Center.

      Sec. 7.  Any remaining balance of the appropriations made by sections 1 to 6, inclusive, of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 8.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2806ê

 

CHAPTER 470, SB 533

Senate Bill No. 533–Committee on Finance

 

CHAPTER 470

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation to the Interim Finance Committee for allocation to Nevada Museum of Art, Inc. for the statewide expansion plan for the Northern and Southern Museum of Arts; 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 Interim Finance Committee the sum of $5,000,000 for allocation pursuant to section 1.5 of this act to Nevada Museum of Art, Inc. for the statewide expansion plan for the Northern and Southern Museum of Arts.

      Sec. 1.5.  1.  Allocation of the money appropriated by section 1 of this act must be contingent upon matching money being obtained by Nevada Museum of Art, Inc., including, without limitation, gifts, grants and donations to Nevada Museum of Art, Inc. from private and public sources of money other than the appropriation made by section 1 of this act. The Interim Finance Committee shall not direct the transfer of any portion of money from the appropriation made by section 1 of this act until Nevada Museum of Art, Inc. submits to the Committee proof satisfactory to the Committee that matching money in an equivalent amount has been committed.

      2.  Upon acceptance of the money allocated pursuant to subsection 1, Nevada Museum of Art, Inc. agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2020, that describes each expenditure made from the money allocated pursuant to subsection 1 from the date on which the money was received by Nevada Museum of Art, Inc. through December 1, 2020;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money allocated pursuant to subsection 1 from the date on which the money was received by Nevada Museum of Art, Inc. through June 30, 2021; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of Nevada Museum of Art, Inc., regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money allocated pursuant to subsection 1.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2807 (CHAPTER 470, SB 533)ê

 

appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 471, SB 534

Senate Bill No. 534–Committee on Finance

 

CHAPTER 471

 

[Approved: June 6, 2019]

 

AN ACT making an appropriation from the State General Fund to the Department of Transportation for the replacement of the Nevada State Radio System; 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 Transportation the sum of $3,645,989 for the replacement of the Nevada State Radio System.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 472, SB 535

Senate Bill No. 535–Committee on Finance

 

CHAPTER 472

 

[Approved: June 6, 2019]

 

AN ACT relating to gaming; revising provisions governing the financial support for programs for the prevention and treatment of problem gambling; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling. The Director of the Department of Health and Human Services administers the Account and is authorized to use the money in the Account to award grants of money or contracts for services to providers of programs for the prevention and treatment of problem gambling and for other related services.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2808 (CHAPTER 472, SB 535)ê

 

money in the Account to award grants of money or contracts for services to providers of programs for the prevention and treatment of problem gambling and for other related services. (NRS 458A.090) Under existing law, the Nevada Gaming Commission is required to deposit quarterly into the Revolving Account an amount that is equal to $2 for each slot machine on which the Commission collects certain gaming license fees. (NRS 463.320) This bill eliminates that requirement.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 463.320 is hereby amended to read as follows:

      463.320  1.  All gaming license fees imposed by the provisions of NRS 463.370, 463.373 to 463.383, inclusive, and 463.3855 must be collected and disposed of as provided in this section.

      2.  All state gaming license fees and penalties must be collected by the Commission and paid over immediately to the State Treasurer to be disposed of as follows:

      (a) Except as otherwise provided in paragraphs (c) [,] and (d) , [and (e),] all state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 must be deposited for credit to the State General Fund.

      (b) All state gaming license fees imposed by the provisions of NRS 463.380 must, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided in this section, must be deposited by the county treasurer in the county general fund and be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more cities or towns within the county, the board of county commissioners shall, annually, before the preparation of the city or town budget or budgets as required by chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution, the percentage so apportioned and allocated must be converted to a dollar figure and included in the city or town budget or budgets as an estimated receipt for the next fiscal year. Quarterly, upon receipt of the money from the State, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining must be deposited in the county general fund and must be expended for county purposes.

      (c) One twenty-fifth of the license fee imposed by the provisions of NRS 463.370 on gross revenue which exceeds $134,000 per calendar month that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this State whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and transmitted to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2809 (CHAPTER 472, SB 535)ê

 

fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.

      (d) Ten percent of the amount of the license fee imposed by the provisions of NRS 463.370 that is paid pursuant to subsection 2 of NRS 464.045 by persons licensed to conduct off-track pari-mutuel wagering which exceeds $5,036,938 per calendar year must, after the deduction of costs of administration and collection, be allocated pro rata among the counties in this State whose population is less than 100,000 in which on-track pari-mutuel wagering is conducted. The allocation must be based upon the amounts paid from each such county pursuant to subsection 2 of NRS 466.125 and must be transmitted to the respective county treasurers as provided in this paragraph. On March 1 of each year, the Board shall calculate the amount of money to be allocated to the respective county treasurers and notify the State Treasurer of the appropriate amount of each allocation. The State Treasurer shall transfer the money to the respective county treasurers. Money received by a county treasurer pursuant to this paragraph must be deposited in the county general fund and expended to augment any stakes, purses or rewards which are offered with respect to horse races conducted in that county by a state fair association, agricultural society or county fair and recreation board.

      [(e) The Commission shall deposit quarterly in the Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling created by NRS 458A.090 an amount equal to $2 for each slot machine that is subject to the license fee imposed pursuant to NRS 463.373 and 463.375 and collected by the Commission.]

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

________

CHAPTER 473, SB 544

Senate Bill No. 544–Committee on Health and Human Services

 

CHAPTER 473

 

[Approved: June 7, 2019]

 

AN ACT relating to health care; creating the Patient Protection Commission; providing for the appointment of certain employees of the Commission; prescribing the duties of the Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes: (1) the Office for Consumer Health Assistance to assist and inform consumers and injured employees regarding certain issues relating to health insurance and workers’ compensation; and (2) the Bureau for Hospital Patients to resolve disputes between patients and hospitals. (NRS 232.451-232.462) Section 5 of this bill creates the Patient Protection Commission, prescribes the membership of the Commission and establishes procedures of the Commission. Section 6 of this bill authorizes the Commission to establish subcommittees and enter into contracts with consultants to assist the Commission in the performance of its duties. Section 7 of this bill requires the Governor to appoint an Executive Director of the Commission to perform the administrative duties of the Commission and such other duties as may be assigned by the Commission. Section 7 authorizes the Executive Director to hire additional employees within the limits of available money. Section 7 also authorizes the Executive Director to access information maintained by state agencies, including information that is otherwise confidential.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2810 (CHAPTER 473, SB 544)ê

 

the Executive Director to access information maintained by state agencies, including information that is otherwise confidential. Sections 7 and 12 of this bill require the Executive Director to maintain the confidentiality of such information. Section 8 of this bill requires the Commission to systematically review issues related to the health care needs of the residents of this State and the quality, accessibility and affordability of health care in this State. Section 9 of this bill requires the Commission to: (1) perform certain additional duties to facilitate collaboration between entities that study or address issues relating to the quality, accessibility and affordability of health care; and (2) submit a report concerning the activities of the Commission to the Governor and the Legislature twice each year. Section 10 of this bill authorizes the Commission to request the drafting of not more than three legislative measures for each regular session, and section 11 of this bill makes a conforming change.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2. As used in sections 2 to 9, inclusive, of this act, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Commission” means the Patient Protection Commission created by section 5 of this act.

      Sec. 4. “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 5. 1.  The Patient Protection Commission is hereby created. The Commission consists of:

      (a) The following 11 voting members appointed by the Governor:

             (1) Two persons who have expertise and experience in advocating on behalf of patients.

             (2) Two representatives of providers of health care.

             (3) Two representatives of hospitals.

             (4) Two representatives of health insurers.

             (5) One person who engages in the academic study of health care policy or public health.

             (6) One representative of the prescription drug industry.

             (7) One representative of the general public.

      (b) The Director of the Department, the Commissioner of Insurance and the Executive Director of the Silver State Health Insurance Exchange as ex officio, nonvoting members.

      2.  The Governor shall:

      (a) Appoint two of the voting members of the Commission described in paragraph (a) of subsection 1 from a list of persons nominated by the Majority Leader of the Senate;

      (b) Appoint two of the voting members of the Commission described in paragraph (a) of subsection 1 from a list of persons nominated by the Speaker of the Assembly; and

      (c) Ensure that the members appointed by the Governor to the Commission reflect the geographic diversity of this State.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2811 (CHAPTER 473, SB 544)ê

 

      3.  Members of the Commission serve without compensation or per diem but are entitled to receive reimbursement for travel expenses in the same amount provided for state officers and employees generally.

      4.  After the initial terms, the term of each voting member is 2 years, except that the Governor may remove a voting member at any time and for any reason. A member may be reappointed.

      5.  If a vacancy occurs during the term of a voting member, the Governor shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      6.  The Governor shall annually designate a voting member to serve as the Chair of the Commission.

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

      Sec. 6. 1.  The Commission shall meet at the call of the Chair.

      2.  The Commission may:

      (a) Establish subcommittees consisting of members of the Commission or other persons to assist the Commission in the performance of its duties. Each subcommittee expires 6 months after it is created but may be continued with approval of the Commission. Not more than six subcommittees may exist at any time.

      (b) To the extent that money is available for this purpose, enter into contracts with consultants to assist the Commission in the performance of its duties.

      3.  Within the limits of available resources, state agencies, boards and commissions shall, upon the request of the Executive Director of the Commission, provide advice and technical assistance to the Commission.

      Sec. 7. 1.  The Governor shall appoint the Executive Director of the Commission within the Office of the Governor. The Executive Director:

      (a) Must have experience in health care or health insurance;

      (b) Is in the unclassified service of the State; and

      (c) Serves at the pleasure of the Governor.

      2.  The Executive Director shall:

      (a) Perform the administrative duties of the Commission and such other duties as are directed by the Commission; and

      (b) To the extent that money is available for this purpose, appoint employees to assist the Executive Director in carrying out the duties prescribed in paragraph (a). Such employees serve at the pleasure of the Executive Director and are in the unclassified service of the State.

      3.  The Executive Director may request any information maintained by a state agency that is necessary for the performance of his or her duties, including, without limitation, information that is otherwise declared confidential by law. To the extent authorized by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and the regulations adopted pursuant thereto, an agency from which such information is requested shall provide the information to the Executive Director.

      4.  The Executive Director:

      (a) Shall maintain any information obtained pursuant to subsection 3 under the same conditions as the information is maintained by the agency that provided the information; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2812 (CHAPTER 473, SB 544)ê

 

      (b) Except as otherwise provided in this paragraph, shall not disclose any confidential information obtained pursuant to subsection 3 to any other person or entity, including, without limitation, the Commission or a member thereof. The Executive Director may disclose or publish aggregated information in a manner that does not reveal the identity of any person.

      Sec. 8. 1.  The Commission shall systematically review issues related to the health care needs of residents of this State and the quality, accessibility and affordability of health care, including, without limitation, prescription drugs, in this State. The review must include, without limitation:

      (a) Comprehensively examining the system for regulating health care in this State, including, without limitation, the licensing and regulation of health care facilities and providers of health care and the role of professional licensing boards, commissions and other bodies established to regulate or evaluate policies related to health care.

      (b) Identifying gaps and duplication in the roles of such boards, commissions and other bodies.

      (c) Examining the cost of health care and the primary factors impacting those costs.

      (d) Examining disparities in the quality and cost of health care between different groups, including, without limitation, minority groups and other distinct populations in this State.

      (e) Reviewing the adequacy and types of providers of health care who participate in networks established by health carriers in this State and the geographic distribution of the providers of health care who participate in each such network.

      (f) Reviewing the availability of health benefit plans, as defined in NRS 687B.470, in this State.

      (g) Reviewing the effect of any changes to Medicaid, including, without limitation, the expansion of Medicaid pursuant to the Patient Protection and Affordable Care Act, Public Law 111-148, on the cost and availability of health care and health insurance in this State.

      (h) Reviewing proposed and enacted legislation, regulations and other changes to state and local policy related to health care in this State.

      (i) Researching possible changes to state or local policy in this State that may improve the quality, accessibility or affordability of health care in this State, including, without limitation:

             (1) The use of purchasing pools to decrease the cost of health care;

             (2) Increasing transparency concerning the cost or provision of health care;

             (3) Regulatory measures designed to increase the accessibility and the quality of health care, regardless of geographic location or ability to pay;

             (4) Facilitating access to data concerning insurance claims for medical services to assist in the development of public policies;

             (5) Resolving problems relating to the billing of patients for medical services;

             (6) Leveraging the expenditure of money by the Medicaid program and reimbursement rates under Medicaid to increase the quality and accessibility of health care for low-income persons; and

             (7) Increasing access to health care for uninsured populations in this State, including, without limitation, retirees and children.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2813 (CHAPTER 473, SB 544)ê

 

      (j) Monitoring and evaluating proposed and enacted federal legislation and regulations and other proposed and actual changes to federal health care policy to determine the impact of such changes on the cost of health care in this State.

      (k) Evaluating the degree to which the role, structure and duties of the Commission facilitate the oversight of the provision of health care in this State by the Commission and allow the Commission to perform activities necessary to promote the health care needs of residents of this State.

      (l) Making recommendations to the Governor, the Legislature, the Department of Health and Human Services, local health authorities and any other person or governmental entity to increase the quality, accessibility and affordability of health care in this State, including, without limitation, recommendations concerning the items described in this subsection.

      2.  As used in this section:

      (a) “Health carrier” has the meaning ascribed to it in NRS 687B.625.

      (b) “Network” has the meaning ascribed to it in NRS 687B.640.

      Sec. 9. 1.  In addition to conducting the review described in section 8 of this act, the Commission shall attempt to:

      (a) Identify and facilitate collaboration between existing state governmental entities that study or address issues relating to the quality, accessibility and affordability of health care in this State, including, without limitation, the regional behavioral health policy boards created by NRS 433.429; and

      (b) Coordinate with such entities to reduce any duplication of efforts among and between those entities and the Commission.

      2.  On or before January 1 and July 1 of each year, the Commission shall:

      (a) Compile a report describing the meetings of the Commission and the activities of the Commission during the immediately preceding 6 months. The report must include, without limitation, a description of any issues identified as negatively impacting the quality, accessibility or affordability of health care in this State and any recommendations for legislation, regulations or other changes to policy or budgets to address those issues.

      (b) Submit the report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to:

             (1) In January of odd-numbered years, the next regular session of the Legislature.

             (2) In all other cases, to the Legislative Committee on Health Care.

      3.  Upon receiving a report pursuant to subsection 2, the Governor shall post the report on an Internet website maintained by the Governor.

      4.  The Commission may prepare and publish additional reports on specific topics at the direction of the Chair.

      Sec. 10. Chapter 218D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Patient Protection Commission created by section 5 of this act may request the drafting of not more than three legislative measures which relate to matters within the scope of the Commission. Any such request must be submitted to the Legislative Counsel on or before September 1 preceding a regular session.

      2.  A request made pursuant to this section must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this section must be prefiled on or before the third Wednesday in November preceding a regular session.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2814 (CHAPTER 473, SB 544)ê

 

preceding a regular session. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

      Sec. 11. NRS 218D.100 is hereby amended to read as follows:

      218D.100  1.  The provisions of NRS 218D.100 to 218D.220, inclusive, and section 10 of this act apply to requests for the drafting of legislative measures for a regular session.

      2.  Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:

      (a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.220, inclusive, and section 10 of this act for the requester; or

      (b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.220, inclusive, and section 10 of this act but is not in a subject related to the function of the requester.

      3.  The Legislative Counsel shall not:

      (a) Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.

      (b) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.

      Sec. 12. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2815 (CHAPTER 473, SB 544)ê

 

394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600 [,] and section 7 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2816 (CHAPTER 473, SB 544)ê

 

the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

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

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

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

      Sec. 13.  As soon as practicable after the effective date of this act, the Governor shall appoint the voting members of the Patient Protection Commission created by section 5 of this act as follows:

      1.  One member described in subparagraph (1) of paragraph (a) of subsection 1 of section 5 of this act, one member described in subparagraph (2) of paragraph (a) of subsection 1 of section 5 of this act, one member described in subparagraph (3) of paragraph (a) of subsection 1 of section 5 of this act, one member described in subparagraph (4) of paragraph (a) of subsection 1 of section 5 of this act and the member described in subparagraph (6) of paragraph (a) of subsection 1 of section 5 of this act to initial terms that expire on July 1, 2020; and

      2.  One member described in subparagraph (1) of paragraph (a) of subsection 1 of section 5 of this act, one member described in subparagraph (2) of paragraph (a) of subsection 1 of section 5 of this act, one member described in subparagraph (3) of paragraph (a) of subsection 1 of section 5 of this act, one member described in subparagraph (4) of paragraph (a) of subsection 1 of section 5 of this act, the member described in subparagraph (5) of paragraph (a) of subsection 1 of section 5 of this act and the member described in subparagraph (7) of paragraph (a) of subsection 1 of section 5 of this act to initial terms that expire on July 1, 2021.

      Sec. 14.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 15.  This act becomes effective upon passage and approval.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2817ê

 

CHAPTER 474, SB 162

Senate Bill No. 162–Senator Kieckhefer

 

CHAPTER 474

 

[Approved: June 7, 2019]

 

AN ACT relating to electronic transactions; including a public blockchain as a type of electronic record for the purposes of the Uniform Electronic Transactions Act; providing that a person who uses a public blockchain to secure information does not relinquish any right of ownership related to that information; requiring a governmental agency to consider certain uses of its equipment and software in acquiring, replacing or updating an information processing system; requiring a governmental agency to accept a certified copy of a record in electronic form under certain circumstances; authorizing a governmental agency to charge and collect certain fees relating to a certified copy of a record in electronic form; prohibiting a local government from taxing or imposing restrictions upon the use of a public blockchain; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law gives legal recognition to electronic records, signatures and contracts that comply with certain requirements and allows an electronic record or signature to satisfy a requirement for a written record or signature in certain circumstances. (NRS 719.240-719.350) For these purposes, the definition of electronic record includes a blockchain under existing law. (NRS 719.090) Existing law also imposes certain restrictions on the authority of cities and counties to tax or regulate the use of a blockchain. (NRS 244.3535, 268.0979) Section 7 of this bill amends the definition of “blockchain” to also include a “public blockchain,” which is defined in section 2 of this bill.

      Section 4 of this bill provides that a person who uses a public blockchain to secure information that the person owns or has a right to use does not thereby relinquish any right of ownership or use of such information, except as otherwise provided by an agreement of the person. Section 4 further provides that the provisions of section 4 are not to be deemed to affect the status of, or any legal right or obligation relating to, a document submitted to a governmental agency or official or a document that is a public record.

      Under existing law, governmental agencies of this State and its political subdivisions are generally free to determine whether, and the extent to which, they will accept, process, use and rely upon an electronic record. (NRS 719.350) Section 5 of this bill requires such an agency to consider the use of equipment and software that will enable the agency to send, accept, process, use and rely upon electronic records and electronic signatures whenever the agency acquires, replaces or updates an information processing system or any part of such a system. Section 5 also prohibits any such agency from refusing to accept, process, use or rely upon a certified copy of a record from another governmental agency solely because the copy is in electronic form, but permits an agency to reject a certified copy in electronic form if the agency would be required to acquire and pay for any equipment or software to accept, process, use or rely upon the copy in the form provided. Section 5 also authorizes an agency to charge and collect the same fee for providing a certified copy in electronic form as is provided by law for providing a certified copy in paper form. Finally, if an agency receiving a certified copy in electronic form incurs a fee or other cost for accepting or processing such a copy, section 5 authorizes the agency to charge and collect a fee to recover that cost.

 

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2818 (CHAPTER 474, SB 162)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 719 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. “Public blockchain” means an electronic record of transactions or other data which:

      1.  Is uniformly ordered;

      2.  Is processed using a decentralized method by which two or more unaffiliated computers or machines verify the recorded transactions or other data;

      3.  Is redundantly maintained by two or more unaffiliated computers or machines to guarantee the consistency or nonrepudiation of the recorded transactions or other data;

      4.  Is validated by the use of cryptography; and

      5.  Does not restrict the ability of any computer or machine to:

      (a) View the network on which the record is maintained; or

      (b) Maintain or validate the state of the public blockchain.

      Sec. 3. “State of the public blockchain” means the cumulative record of data on a public blockchain, consisting of the first block of the public blockchain, all finalized transactions on the public blockchain and all block rewards recorded on the public blockchain.

      Sec. 3.5. “Unaffiliated computers or machines” means computers or machines that are not under common ownership or control.

      Sec. 4. 1.  A person who uses a public blockchain to secure information that the person owns or has the right to use does not thereby relinquish any right of ownership or use with respect to the information, except to the extent that an agreement of the person expressly provides for the transfer of such a right.

      2.  Nothing contained in subsection 1 shall be deemed to affect the status of, or any right or obligation established by law with respect to, any document that is:

      (a) Filed with or otherwise submitted to a governmental agency or official, including, without limitation, any document that is submitted for recording in the office of a county recorder; or

      (b) A public record for the purposes of NRS 239.010.

      Sec. 5. 1.  Whenever a governmental agency of this State or a political subdivision of this State acquires, replaces or updates an information processing system or any part of such a system, including, without limitation, any software used by the system, the governmental agency shall consider the use of equipment and software that enables the governmental agency to send, accept, process, use and rely upon electronic records and electronic signatures, including, without limitation, certified copies of the records of the governmental agency in electronic form or certified copies of the records of an originating agency that are provided in electronic form.

      2.  If a person provides a receiving agency with a certified copy of a record of an originating agency, the receiving agency:

      (a) Shall not refuse to accept, process, use or rely upon the certified copy solely because it is in electronic form.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2819 (CHAPTER 474, SB 162)ê

 

      (b) May refuse to accept, process, use or rely upon the certified copy if it is in electronic form and the receiving agency would be required to acquire and pay for any equipment or software to accept, process, use or rely upon the certified copy in the form provided.

      3.  An originating agency may charge and collect the same fee for a certified copy in electronic form as is provided by law for a certified copy in paper form.

      4.  If a receiving agency incurs a fee or other cost for accepting or processing a certified copy in electronic form, the receiving agency may charge and collect a fee to accept or process such a copy, in an amount not to exceed the actual cost to the receiving agency of accepting or processing the copy.

      5.  As used in this section:

      (a) “Originating agency” means a governmental agency which attests that a certified copy described in subsection 2 is a true copy of a record of the governmental agency.

      (b) “Receiving agency” means a governmental agency of this State or a political subdivision of this State to which a certified copy is provided as described in subsection 2.

      Sec. 6. NRS 719.020 is hereby amended to read as follows:

      719.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 719.030 to 719.180, inclusive, and sections 2, 3 and 3.5 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 719.045 is hereby amended to read as follows:

      719.045  1.  “Blockchain” means an electronic record of transactions or other data which is:

      [1.](a) Uniformly ordered;

      [2.](b) Processed using a decentralized method by which one or more computers or machines verify the recorded transactions or other data;

      (c) Redundantly maintained or processed by one or more computers or machines to guarantee the consistency or nonrepudiation of the recorded transactions or other data; and

      [3.](d) Validated by the use of cryptography.

      2.  The term includes, without limitation, a public blockchain.

      Sec. 8. NRS 719.350 is hereby amended to read as follows:

      719.350  1.  Except as otherwise provided in subsection 6 of NRS 719.290 and NRS 719.345, and section 5 of this act, each governmental agency of this state shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use and rely upon electronic records and electronic signatures.

      2.  Except as otherwise provided in NRS 719.345, to the extent that a governmental agency uses electronic records and electronic signatures under subsection 1, the governmental agency, giving due consideration to security, may specify:

      (a) The manner and format in which the electronic records must be created, generated, sent, communicated, received and stored and the systems established for those purposes;

      (b) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2820 (CHAPTER 474, SB 162)ê

 

signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;

      (c) Processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and auditability of electronic records; and

      (d) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

      3.  Except as otherwise provided in subsection 6 of NRS 719.290 and NRS 719.345, and section 5 of this act, the provisions of this chapter do not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.

      Sec. 9.  1.  This section and sections 1 to 4, inclusive, 6 and 7 of this act become effective on October 1, 2019.

      2.  Sections 5 and 8 of this act become effective on January 1, 2020.

________

CHAPTER 475, SB 163

Senate Bill No. 163–Senator Kieckhefer

 

CHAPTER 475

 

[Approved: June 7, 2019]

 

AN ACT relating to business entities; revising the definition of “electronic transmission” as it relates to certain communications of certain business entities to include the use of a blockchain; authorizing certain business entities to store certain records on a blockchain; revising provisions authorizing the Secretary of State to adopt regulations to define certain terms to allow certain business entities to carry out their powers and duties using the most recent technology available to include the use of blockchains; revising the definition of “blockchain” to include a public blockchain; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a notice or other communication given or sent pursuant to the statutes or rules governing the internal affairs of a corporation or other business entity may be delivered by electronic transmission if: (1) the date of the transmission can be determined by the recipient; and (2) delivery in that manner is consented to by the recipient or consistent with those statutes and rules. (NRS 75.050, 75.150) Section 6 of this bill revises the applicable definition of “electronic transmission” to include specifically any form or process of communication occurring through the use of or participation in a blockchain. Section 29 of this bill revises the definition of “blockchain” to include a public blockchain, which is defined in section 25 of this bill.

      Existing law authorizes a corporation to keep records maintained by the corporation in the regular course of business on, or by means of, any information processing system or other information storage device. (NRS 78.0297) Existing law effectively provides a similar authorization for close corporations, benefit corporations, professional corporations, professional limited-liability companies, certain savings banks and captive insurers because certain provisions of existing law governing corporations apply generally to those entities.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2821 (CHAPTER 475, SB 163)ê

 

corporations apply generally to those entities. (NRS 78A.010, 78B.090, 89.030, 673.070, 694C.180) Section 8 of this bill specifically authorizes a corporation to keep such records on, or by means of, a blockchain and, as a result, provides a similar authorization for close corporations, benefit corporations, professional corporations, professional limited-liability companies, certain savings banks and captive insurers. Sections 11, 12, 14, 17, 19 and 21 of this bill adopt similar provisions for nonprofit corporations, limited-liability companies, limited partnerships and business trusts.

      Existing law provides certain powers and duties for various business entities. (Chapters 78-89 of NRS) Under existing law, the Secretary of State is authorized to adopt regulations interpreting certain terms to allow such entities to carry out their powers and duties through the use of the most recent technology available, including the use of electronic communications, videoconferencing and telecommunications. (NRS 78.0285, 78A.018, 80.008, 81.0065, 84.0063, 86.137, 87.565, 87A.147, 88.318, 88A.940, 89.028) Sections 7, 9-11, 13, 15, 16, 18, 20, 22 and 23 of this bill specify that such technologies also include the use of blockchains.

 

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

      “Blockchain” has the meaning ascribed to it in NRS 719.045.

      Secs. 2-4.  (Deleted by amendment.)

      Sec. 5. NRS 75.010 is hereby amended to read as follows:

      75.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 75.020 to 75.090, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 75.050 is hereby amended to read as follows:

      75.050  “Electronic transmission” or “electronically transmitted” means any form or process of communication not directly involving the physical transfer of paper or another tangible medium , including, without limitation, any form or process of communication through the use of or participation in a blockchain, which:

      1.  Is suitable for the retention, retrieval and reproduction of information by the recipient; and

      2.  Is retrievable and reproducible in paper form by the recipient through an automated process used in conventional commercial practice, unless otherwise authorized in accordance with subsection 8 of NRS 75.150.

      Sec. 7. NRS 78.0285 is hereby amended to read as follows:

      78.0285  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a corporation or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 8. NRS 78.0297 is hereby amended to read as follows:

      78.0297  1.  Except as otherwise required by federal or state law, any records maintained by a corporation in its regular course of business, including, without limitation, its stock ledger, minute books, books of account and financial records, may be kept on, or by means of, any information processing system or other information storage device or medium, including, without limitation, a blockchain, or in the form of an electronic record.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2822 (CHAPTER 475, SB 163)ê

 

processing system or other information storage device or medium, including, without limitation, a blockchain, or in the form of an electronic record.

      2.  A corporation shall convert within a reasonable time any [electronic] records that are kept in a manner described in subsection 1 into clear and legible paper form upon the request of any person entitled to inspect the records maintained by the corporation pursuant to any provision of this chapter. If a requested record is kept on, or by means of, a blockchain, the corporation is not required to convert the entire blockchain into paper form but shall be deemed to comply with the requirements of this subsection by converting the requested record into paper form.

      3.  A clear and legible paper form produced from [electronic] records that are kept in a manner described in subsection 1 is admissible in evidence and accepted for all other purposes to the same extent as an original paper record with the same information [provided that] if the paper form portrays the record accurately.

      Sec. 9. NRS 78A.018 is hereby amended to read as follows:

      78A.018  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a close corporation or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 10. NRS 80.008 is hereby amended to read as follows:

      80.008  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a foreign corporation or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 11. NRS 81.0065 is hereby amended to read as follows:

      81.0065  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a corporation, association, organization or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 12. Chapter 82 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise required by federal or state law, any records maintained by a corporation in its regular course of business may be kept on, or by means of, any information processing system or other information storage device or medium, including, without limitation, a blockchain, or in the form of an electronic record.

      2.  A corporation shall convert within a reasonable time any records that are kept in a manner described in subsection 1 into clear and legible paper form upon the request of any person entitled to inspect the records maintained by the corporation pursuant to any provision of this chapter. If a requested record is kept on, or by means of, a blockchain, the corporation is not required to convert the entire blockchain into paper form but shall be deemed to comply with the requirements of this subsection by converting the requested record into paper form.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2823 (CHAPTER 475, SB 163)ê

 

a requested record is kept on, or by means of, a blockchain, the corporation is not required to convert the entire blockchain into paper form but shall be deemed to comply with the requirements of this subsection by converting the requested record into paper form.

      3.  A clear and legible paper form produced from records that are kept in a manner described in subsection 1 is admissible in evidence and accepted for all other purposes to the same extent as an original paper record with the same information if the paper form portrays the record accurately.

      Sec. 13. NRS 84.0063 is hereby amended to read as follows:

      84.0063  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a corporation sole or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 14. Chapter 86 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise required by federal or state law, any records maintained by a limited-liability company in its regular course of business may be kept on, or by means of, any information processing system or other information storage device or medium, including, without limitation, a blockchain, or in the form of an electronic record.

      2.  A limited-liability company shall convert within a reasonable time any records that are kept in a manner described in subsection 1 into clear and legible paper form upon the request of any person entitled to obtain or examine the records maintained by the company pursuant to any provision of this chapter. If a requested record is kept on, or by means of, a blockchain, the limited-liability company is not required to convert the entire blockchain into paper form but shall be deemed to comply with the requirements of this subsection by converting the requested record into paper form.

      3.  A clear and legible paper form produced from records that are kept in a manner described in subsection 1 is admissible in evidence and accepted for all other purposes to the same extent as an original paper record with the same information if the paper form portrays the record accurately.

      Sec. 15. NRS 86.137 is hereby amended to read as follows:

      86.137  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a limited-liability company or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 16. NRS 87.565 is hereby amended to read as follows:

      87.565  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a partnership or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.]

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2824 (CHAPTER 475, SB 163)ê

 

including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 17. Chapter 87A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise required by federal or state law, any records maintained by a limited partnership in its regular course of business may be kept on, or by means of, any information processing system or other information storage device or medium, including, without limitation, a blockchain, or in the form of an electronic record.

      2.  A limited partnership shall convert within a reasonable time any records that are kept in a manner described in subsection 1 into clear and legible paper form upon the request of any person entitled to inspect the records maintained by the limited partnership pursuant to any provision of this chapter. If a requested record is kept on, or by means of, a blockchain, the limited partnership is not required to convert the entire blockchain into paper form but shall be deemed to comply with the requirements of this subsection by converting the requested record into paper form.

      3.  A clear and legible paper form produced from records that are kept in a manner described in subsection 1 is admissible in evidence and accepted for all other purposes to the same extent as an original paper record with the same information if the paper form portrays the record accurately.

      Sec. 18. NRS 87A.147 is hereby amended to read as follows:

      87A.147  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other similar terms to allow a limited partnership or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 19. Chapter 88 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise required by federal or state law, any records maintained by a limited partnership in its regular course of business may be kept on, or by means of, any information processing system or other information storage device or medium, including, without limitation, a blockchain, or in the form of an electronic record.

      2.  A limited partnership shall convert within a reasonable time any records that are kept in a manner described in subsection 1 into clear and legible paper form upon the request of any person entitled to inspect the records maintained by the limited partnership pursuant to any provision of this chapter. If a requested record is kept on, or by means of, a blockchain, the limited partnership is not required to convert the entire blockchain into paper form but shall be deemed to comply with the requirements of this subsection by converting the requested record into paper form.

      3.  A clear and legible paper form produced from records that are kept in a manner described in subsection 1 is admissible in evidence and accepted for all other purposes to the same extent as an original paper record with the same information if the paper form portrays the record accurately.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2825 (CHAPTER 475, SB 163)ê

 

      Sec. 20. NRS 88.318 is hereby amended to read as follows:

      88.318  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a limited partnership or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 21. Chapter 88A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise required by federal or state law, any records maintained by a business trust in its regular course of business may be kept on, or by means of, any information processing system or other information storage device or medium, including, without limitation, a blockchain, or in the form of an electronic record.

      2.  A business trust shall convert within a reasonable time any records that are kept in a manner described in subsection 1 into clear and legible paper form upon the request of any person entitled to inspect the records maintained by the business trust pursuant to any provision of this chapter. If a requested record is kept on, or by means of, a blockchain, the business trust is not required to convert the entire blockchain into paper form but shall be deemed to comply with the requirements of this subsection by converting the requested record into paper form.

      3.  A clear and legible paper form produced from records that are kept in a manner described in subsection 1 is admissible in evidence and accepted for all other purposes to the same extent as an original paper record with the same information if the paper form portrays the record accurately.

      Sec. 22. NRS 88A.940 is hereby amended to read as follows:

      88A.940  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written,” and other terms to allow a business trust or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available, including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 23. NRS 89.028 is hereby amended to read as follows:

      89.028  The Secretary of State may adopt regulations to define, for the purposes of certain provisions of this chapter, the terms “meeting,” “writing,” “written” and other terms to allow a professional entity, professional association or other entity which is subject to the provisions of this chapter to carry out its powers and duties as prescribed by this chapter through the use of the most recent technology available including, without limitation, the use of electronic communications, videoconferencing , [and] telecommunications [.] and blockchains.

      Sec. 24. Chapter 719 of NRS is hereby amended by adding thereto the provisions set forth as sections 25, 26 and 27 of this act.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2826 (CHAPTER 475, SB 163)ê

 

      Sec. 25.  “Public blockchain” means an electronic record of transactions or other data which:

      1.  Is uniformly ordered;

      2.  Is processed using a decentralized method by which two or more unaffiliated computers or machines verify the recorded transactions or other data;

      3.  Is redundantly maintained by two or more unaffiliated computers or machines to guarantee the consistency or nonrepudiation of the recorded transactions or other data;

      4.  Is validated by the use of cryptography; and

      5.  Does not restrict the ability of any computer or machine to:

      (a) View the network on which the record is maintained; or

      (b) Maintain or validate the state of the public blockchain.

      Sec. 26. “State of the public blockchain” means the cumulative record of data on a public blockchain, consisting of the first block of the public blockchain, all finalized transactions on the public blockchain and all block rewards recorded on the public blockchain.

      Sec. 27. “Unaffiliated computers or machines” means computers or machines that are not under common ownership or control.

      Sec. 28. NRS 719.020 is hereby amended to read as follows:

      719.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 719.030 to 719.180, inclusive, and sections 25, 26 and 27 of this act have the meanings ascribed to them in those sections.

      Sec. 29. NRS 719.045 is hereby amended to read as follows:

      719.045  1.  “Blockchain” means an electronic record of transactions or other data which is:

      [1.](a) Uniformly ordered;

      [2.](b) Processed using a decentralized method by which one or more computers or machines verify the recorded transactions or other data;

      (c) Redundantly maintained [or processed] by one or more computers or machines to guarantee the consistency or nonrepudiation of the recorded transactions or other data; and

      [3.](d) Validated by the use of cryptography.

      2.  The term includes, without limitation, a public blockchain.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2827ê

 

CHAPTER 476, SB 164

Senate Bill No. 164–Senator Kieckhefer

 

CHAPTER 476

 

[Approved: June 7, 2019]

 

AN ACT relating to taxation; clarifying that certain virtual currencies are intangible personal property for the purposes of taxation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Shares of stock and certain other forms of intangible personal property are exempt from property taxation under existing law. (Nev. Const. Art. 10, §1; NRS 361.228) This bill clarifies that certain virtual currencies are intangible personal property for this purpose. This bill defines “virtual currency” to mean a digital representation of value that: (1) is created, issued and maintained on a public blockchain; (2) is not attached to a tangible asset or fiat currency; (3) is accepted as a means of payment; and (4) may only be transferred, stored or traded electronically.

 

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 361.228 is hereby amended to read as follows:

      361.228  1.  All intangible personal property is exempt from taxation, including, without limitation:

      (a) Shares of stock, bonds, mortgages, notes, bank deposits, virtual currencies, book accounts such as an acquisition adjustment and credits, and securities and choses in action of like character; and

      (b) Goodwill, customer lists, contracts and contract rights, patents, trademarks, trade names, custom computer programs, copyrights, trade secrets, franchises and licenses.

      2.  The value of intangible personal property must not enhance or be reflected in the value of real property or tangible personal property.

      3.  The attributes of real property, such as zoning, location, water rights, view and geographic features, are not intangible personal property and must be considered in valuing the real property, if appropriate.

      4.  As used in this section:

      (a) “Public blockchain” means an electronic record of transactions or other data which:

             (1) Is uniformly ordered;

             (2) Is processed using a decentralized method by which two or more unaffiliated computers or machines verify the recorded transactions or other data;

             (3) Is redundantly maintained by two or more unaffiliated computers or machines to guarantee the consistency or nonrepudiation of the recorded transactions or other data;

             (4) Is validated by the use of cryptography; and

             (5) Does not restrict the ability of any computer or machine to:

                   (I) View the network on which the record is maintained; or

                   (II) Maintain or validate the state of the public blockchain.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2828 (CHAPTER 476, SB 164)ê

 

      (b) “State of the public blockchain” means the cumulative record of data on a public blockchain, consisting of the first block of the public blockchain, all finalized transactions on the public blockchain and all block rewards recorded on the public blockchain.

      (c) “Unaffiliated computers or machines” means computers or machines that are not under common ownership or control.

      (d) “Virtual currency” means a digital representation of value that:

             (1) Is created, issued and maintained on a public blockchain;

             (2) Is not attached to any tangible asset or fiat currency;

             (3) Is accepted as a means of payment; and

             (4) May only be transferred, stored or traded electronically.

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

________

CHAPTER 477, AB 19

Assembly Bill No. 19–Committee on Judiciary

 

CHAPTER 477

 

[Approved: June 7, 2019]

 

AN ACT relating to orders for protection; revising provisions relating to service of process of temporary and extended orders for protection against domestic violence; increasing the duration that certain temporary and extended orders for protection remain effective; increasing the penalty for certain violations of temporary and extended orders for protection against domestic violence; renaming the Repository for Information Concerning Orders for Protection Against Domestic Violence to the Repository for Information Concerning Orders for Protection; requiring the Repository for Information Concerning Orders for Protection to include certain information and other records relating to orders for protection against a person alleged to have committed the crime of sexual assault, orders for protection against stalking, aggravated stalking or harassment and orders for protection against domestic violence; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth certain unlawful acts that constitute domestic violence when committed against certain persons and authorizes a court to issue a temporary or extended order for protection against domestic violence. (NRS 33.018, 33.020, 33.030) Existing law also defines certain unlawful acts that constitute stalking, aggravated stalking or harassment when committed against certain persons and authorizes a court to issue a temporary or extended order for protection against stalking, aggravated stalking or harassment. (NRS 200.571, 200.575, 200.591) Finally, existing law defines the crime of sexual assault and authorizes a court to issue a temporary or extended order for protection against a person alleged to have committed the crime of sexual assault. (NRS 200.366, 200.378)

      Existing law requires a law enforcement agency to personally serve the adverse party with a temporary order for protection against domestic violence. (NRS 33.060) Section 1.3 of this bill revises the service of process requirements for temporary and extended orders for protection against domestic violence. Section 1.3 requires a law enforcement agency to attempt to serve an adverse party personally with a temporary order. If the law enforcement agency is unable to personally serve the temporary order on the adverse party, section 1.3 requires the law enforcement agency to leave a notice at the adverse party’s residence stating that the adverse party may respond to the notice within 24 hours.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2829 (CHAPTER 477, AB 19)ê

 

enforcement agency is unable to personally serve the temporary order on the adverse party, section 1.3 requires the law enforcement agency to leave a notice at the adverse party’s residence stating that the adverse party may respond to the notice within 24 hours. Section 1.3 provides that if personal service of the temporary order is unsuccessful three times, the applicant for the temporary order may petition the court to order the law enforcement agency to serve the adverse party at his or her place of employment. If service at the place of employment is unsuccessful, section 1.3 authorizes the applicant to petition the court to order the law enforcement agency to serve the adverse party by an alternative service method pursuant to the Nevada Rules of Civil Procedure.

      Existing law authorizes a person to serve a copy of an application of an extended order for protection against domestic violence and notice of the hearing thereof on the adverse party: (1) pursuant to the Nevada Rules of Civil Procedure; or (2) at the adverse party’s place of employment under certain circumstances. Existing law provides that if the adverse party is served at his or her place of employment, the copy of the application and notice of the hearing must be served with a copy of the temporary order for protection against domestic violence. (NRS 33.060, 33.065) Section 1.7 of this bill removes the requirement to serve the copy of the temporary order at the adverse party’s place of employment.

      Section 1.3 provides that if a temporary and extended order for protection against domestic violence are filed at the same time or the extended order for protection is filed before law enforcement has been able to successfully serve the temporary order, then the extended order will be served with the temporary order in the manner set forth in section 1.3.

      Existing law requires temporary and extended orders for protection against domestic violence to contain certain information. (NRS 33.030) Section 1 of this bill requires a temporary or extended order for protection against domestic violence to include a notice to the adverse party that responding to a communication by the protected party may constitute a violation of the order.

      Existing law also provides that an extended order for protection against domestic violence and an extended order for protection against stalking, aggravated stalking or harassment expire after not more than 1 year. (NRS 33.080, 200.594) Sections 2 and 13 of this bill provide that such extended orders for protection expire after not more than 2 years. Sections 2 and 13 require the court to enter a finding of fact providing the basis for the imposition of an extended order for a period of greater than 1 year. Sections 2 and 13 also authorize the protected party or the adverse party at any time while an extended order is effective to move a court to modify or dissolve an extended order because of changed circumstances of the parties.

      Under existing law, a person is guilty of a misdemeanor for intentionally violating a temporary or extended order for protection against domestic violence. (NRS 33.100) Section 4 of this bill provides that a person who intentionally violates such an extended order and who has never previously violated an order is guilty of a misdemeanor. Section 4 increases the penalty for intentionally violating such an extended order to: (1) a gross misdemeanor if the person has previously violated such an order one time; or (2) a category D felony if the person has previously violated such an order two or more times. Section 6 of this bill makes conforming changes.

      Existing law requires the Repository for Information Concerning Orders for Protection Against Domestic Violence to contain records within the Central Repository for Nevada Records of Criminal History of temporary and extended orders for protection against domestic violence and certain other information. (NRS 179A.350) Section 8 of this bill changes the name of the Repository for Information Concerning Orders for Protection Against Domestic Violence to the Repository for Information Concerning Orders for Protection. Section 8 also requires the Repository for Information Concerning Orders for Protection to maintain records within the Central Repository of all temporary and extended orders for protection against stalking, aggravated stalking or harassment and all temporary and extended orders for protection against a person alleged to have committed the crime of sexual assault. Sections 10.3 and 10.7 of this bill require certain persons to transmit such orders to the Central Repository for transfer to the Repository for Information Concerning Orders for Protection.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2830 (CHAPTER 477, AB 19)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 33.030 is hereby amended to read as follows:

      33.030  1.  The court by a temporary order may:

      (a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

      (b) Exclude the adverse party from the applicant’s place of residence;

      (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order the adverse party to stay away from any specified place frequented regularly by them;

      (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant;

      (e) Enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent;

      (f) Enjoin the adverse party from physically injuring or threatening to injure any animal that is owned or kept by the adverse party, either directly or through an agent; and

      (g) Order such other relief as it deems necessary in an emergency situation.

      2.  The court by an extended order may grant any relief enumerated in subsection 1 and:

      (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary;

      (b) Specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child; and

      (c) Order the adverse party to:

             (1) Avoid or limit communication with the applicant or minor child;

             (2) Pay rent or make payments on a mortgage on the applicant’s place of residence;

             (3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159A of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

             (4) Pay all costs and fees incurred by the applicant in bringing the action; and

             (5) Pay monetary compensation to the applicant for lost earnings and expenses incurred as a result of the applicant attending any hearing concerning an application for an extended order.

      3.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      4.  A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.

      5.  A temporary or extended order must provide notice that [a] :

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2831 (CHAPTER 477, AB 19)ê

 

      (a) Responding to a communication initiated by the applicant may constitute a violation of the protective order; and

      (b) A person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the person’s arrest if:

      [(a)] (1) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

      [(b)] (2) The person has previously violated a temporary or extended order for protection; or

      [(c)] (3) At the time of the violation or within 2 hours after the violation, the person has:

             [(1)] (I) A concentration of alcohol of 0.08 or more in the person’s blood or breath; or

             [(2)] (II) An amount of a prohibited substance in the person’s blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      Sec. 1.3.  NRS 33.060 is hereby amended to read as follows:

      33.060  1.  The court shall transmit, by the end of the next business day after the order is issued, a copy of the temporary or extended order to the appropriate law enforcement agency which has jurisdiction over the residence, school, child care facility or other provider of child care, or place of employment of the applicant or the minor child.

      2.  The court shall order the appropriate law enforcement agency to serve, without charge, the adverse party personally with the temporary order . [and to file with or mail to the clerk of the court proof of service by the end of the next business day after service is made. Service] If after due diligence, the law enforcement agency has attempted and been unable to personally serve the adverse party with the temporary order, the law enforcement agency shall leave a notice in a conspicuous place at the last known address of the adverse party. The notice must include, without limitation, a statement that contains the following information:

      (a) That the adverse party must contact the law enforcement agency within 24 hours of the attempted personal service and the exact time in which the 24-hour period expires; and

      (b) The contact information for the law enforcement agency, including, without limitation, the phone number of the law enforcement agency.

      3.  If the adverse party responds to the notice pursuant to subsection 2, the law enforcement agency must obtain the necessary information from the adverse party to serve the adverse party personally with the temporary order.

      4.  If after due diligence, the law enforcement agency has attempted and been unable to serve the adverse party with personal service of the temporary order three times and the adverse party has not responded to the notices pursuant to subsection 2, the applicant may petition the court to order the law enforcement agency to serve the adverse party with the temporary order at his or her place of employment, if applicable. The petition must include, without limitation, affidavits, declarations or other evidence setting forth specific facts demonstrating:

      (a) That the law enforcement agency, with due diligence, attempted to locate and personally serve the adverse party three times and left corresponding notices at his or her place of residence after each attempted service pursuant to subsection 2; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2832 (CHAPTER 477, AB 19)ê

 

      (b) The contact information of the adverse party, including, without limitation, the known or last known phone number and residential address of the adverse party and the name and commercial address of his or her place of employment.

      5.  If the adverse party is unemployed or after due diligence, the law enforcement agency has attempted and been unable to serve the adverse party with the temporary order at his or her place of employment pursuant to subsection 4, the applicant may petition the court to order the law enforcement agency to serve the adverse party by an alternative service method pursuant to the Nevada Rules of Civil Procedure.

      6.  Except as otherwise provided in subsection 7, service of an application for an extended order and the notice of any hearing thereon must be served upon the adverse party:

      (a) Pursuant to the Nevada Rules of Civil Procedure; or

      (b) In the manner provided in NRS 33.065.

      [3.] 7.  If the applicant files an application for an extended order at the same time as his or her application for a temporary order or before such time that a law enforcement agency is able to successfully serve the temporary order on the adverse party, the application for the extended order and notice of the hearing thereon must be served with the temporary order in accordance with the procedures set forth in subsections 1 to 5, inclusive, regardless of whether the law enforcement agency has commenced service of the temporary order pursuant to subsections 1 to 5, inclusive.

      8.  A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.

      [4.] 9.  The clerk of the court shall issue, without fee, a copy of the temporary or extended order to the applicant and the adverse party.

      Sec. 1.7.NRS 33.065 is hereby amended to read as follows:

      33.065  1.  If the current address where the adverse party resides is unknown and the law enforcement agency has made at least two attempts to personally serve the adverse party at the adverse party’s current place of employment [,] with a copy of the application for an extended order and the notice of the hearing thereon, the law enforcement agency or a person designated by the law enforcement agency may serve the adverse party by:

      (a) Delivering a copy of the application for an extended order [,] and the notice of hearing thereon [and a copy of the temporary order] to the current place of employment of the adverse party; and

      (b) Thereafter, mailing a copy of the application for an extended order [,] and the notice of hearing thereon [and a copy of the temporary order] to the adverse party at the adverse party’s current place of employment.

      2.  Delivery pursuant to paragraph (a) of subsection 1 must be made by leaving a copy of the documents specified at the current place of employment of the adverse party with the manager of the department of human resources or another similar person. Such a person shall:

      (a) Accept service of the documents and make a reasonable effort to deliver the documents to the adverse party;

      (b) Identify another appropriate person who will accept service of the documents and who shall make a reasonable effort to deliver the documents to the adverse party; or

      (c) Contact the adverse party and arrange for the adverse party to be present at the place of employment to accept service of the documents personally.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2833 (CHAPTER 477, AB 19)ê

 

      3.  After delivering the documents to the place of employment of the adverse party, a copy of the documents must be mailed to the adverse party by first-class mail to the place of employment of the adverse party in care of the employer.

      4.  The adverse party shall be deemed to have been served 10 days after the date on which the documents are mailed to the adverse party.

      5.  Upon completion of service pursuant to this section, the law enforcement agency or the person designated by the law enforcement agency who served the adverse party in the manner set forth in this section shall file with or mail to the clerk of the court proof of service in this manner.

      6.  An employer is immune from civil liability for any act or omission with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally pursuant to this section, if the employer acts in good faith with respect to accepting service of documents, delivering documents to the adverse party or contacting the adverse party and arranging for the adverse party to accept service of the documents personally.

      Sec. 2. NRS 33.080 is hereby amended to read as follows:

      33.080  1.  A temporary order expires within such time, not to exceed 30 days, as the court fixes. If an application for an extended order is filed within the period of a temporary order or at the same time that an application for a temporary order is filed, the temporary order remains in effect until:

      (a) The hearing on the extended order is held; or

      (b) If the court schedules a second or third hearing pursuant to subsection 4 or 5 of NRS 33.020, the date on which the second or third hearing on an application for an extended order is held.

      2.  On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      3.  An extended order expires within such time, not to exceed [1 year,] 2 years, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than [1 year.] 2 years.

      4.  A court shall enter a finding of fact providing the basis for the imposition of an extended order effective for more than 1 year.

      5.  At any time while the extended order is in effect, the party who obtained the extended order or the adverse party may appear and move for its dissolution or modification based on changes of circumstance of the parties, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      6.  This section must not be construed to affect the right of an adverse party to an interlocutory appeal pursuant to NRS 33.030.

      Sec. 3. NRS 33.085 is hereby amended to read as follows:

      33.085  1.  Except as otherwise provided in subsection 2, an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States, including, without limitation, any provisions in the order related to custody and support, is valid and must be accorded full faith and credit and enforced by the courts of this state as if it were issued by a court in this state, regardless of whether the order has been registered in this state, if the court in this state determines that:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2834 (CHAPTER 477, AB 19)ê

 

      (a) The issuing court had jurisdiction over the parties and the subject matter under the laws of the State, territory or Indian tribe in which the order was issued; and

      (b) The adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an ex parte order, the adverse party was given reasonable notice and an opportunity to be heard within the time required by the laws of the issuing state, territory or tribe and, in any event, within a reasonable time after the order was issued.

      2.  If the order for protection against domestic violence issued by the court of another state, territory or Indian tribe is a mutual order for protection against domestic violence and:

      (a) No counter or cross-petition or other pleading was filed by the adverse party; or

      (b) A counter or cross-petition or other pleading was filed and the court did not make a specific finding of domestic violence by both parties,

Ê the court shall refuse to enforce the order against the applicant and may determine whether to issue its own temporary or extended order.

      3.  A law enforcement officer shall enforce an order for protection against domestic violence issued by the court of another state, territory or Indian tribe and shall make an arrest for a violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this state unless it is apparent to the officer that the order is not authentic on its face. An officer shall determine that an order is authentic on its face if the order contains:

      (a) The names of the parties;

      (b) Information indicating that the order has not expired; and

      (c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized signature or stamp of the court which issued the order or another indication of the authority of the court which issued the order.

Ê An officer may determine that any other order is authentic on its face.

      4.  In enforcing an order for protection against domestic violence issued by the court of another state, territory or Indian tribe or arresting a person for a violation of such an order, a law enforcement officer may rely upon:

      (a) A copy of an order for protection against domestic violence that has been provided to the officer;

      (b) An order for protection against domestic violence that is included in the Repository for Information Concerning Orders for Protection [Against Domestic Violence] pursuant to NRS 33.095 or in any national crime information database;

      (c) Oral or written confirmation from a law enforcement agency or court in the jurisdiction in which the order for protection against domestic violence was issued that the order is valid and effective; or

      (d) An examination of the totality of the circumstances concerning the existence of a valid and effective order for protection against domestic violence, including, without limitation, the statement of a person protected by the order that the order remains in effect.

      5.  The fact that an order has not been registered or included in the Repository for Information Concerning Orders for Protection [Against Domestic Violence] in the Central Repository for Nevada Records of Criminal History pursuant to NRS 33.095 or in any national crime information database is not grounds for a law enforcement officer to refuse to enforce the terms of the order unless it is apparent to the officer that the order is not authentic on its face.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2835 (CHAPTER 477, AB 19)ê

 

is not grounds for a law enforcement officer to refuse to enforce the terms of the order unless it is apparent to the officer that the order is not authentic on its face.

      6.  A court or law enforcement officer who enforces an order for protection against domestic violence issued by the court of another state, territory or Indian tribe based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid and the employer of such a law enforcement officer are immune from civil and criminal liability for any action taken or not taken based on that belief.

      Sec. 4. NRS 33.100 is hereby amended to read as follows:

      33.100  A person who intentionally violates [a] :

      1.  A temporary [or extended] order is guilty of a misdemeanor . [, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.]

      2.  An extended order and:

      (a) Who has not previously violated an extended order is guilty of a misdemeanor;

      (b)Who has previously violated an extended order one time is guilty of a gross misdemeanor; or

      (c) Who has previously violated an extended order two or more times is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê Each act that constitutes a violation of the temporary or extended order may be prosecuted as a separate violation of the order.

      Sec. 5. NRS 33.143 is hereby amended to read as follows:

      33.143  1.  Except as otherwise provided in subsection 4 and NRS 33.146, a law enforcement officer shall enforce a Canadian domestic-violence protection order and shall make an arrest for a violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face. An officer shall determine that an order is authentic on its face if the order contains:

      (a) The names of the parties;

      (b) Information indicating that the order has not expired; and

      (c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized signature or stamp of the court which issued the order or another indication of the authority of the court which issued the order.

Ê An officer may determine that any other order is authentic on its face.

      2.  In enforcing a Canadian domestic-violence protection order or arresting a person for a violation of such an order, a law enforcement officer may rely upon:

      (a) A copy of the order that has been provided to the officer;

      (b) An order that is included in the Repository for Information Concerning Orders for Protection [Against Domestic Violence] pursuant to NRS 33.095 or in any national crime information database;

      (c) Oral or written confirmation from a law enforcement agency or court in which the order was issued that the order is valid and effective; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2836 (CHAPTER 477, AB 19)ê

 

      (d) An examination of the totality of the circumstances concerning the existence of a valid and effective order, including, without limitation, the statement of a person protected by the order that the order remains in effect.

      3.  The fact that a Canadian domestic-violence protection order has not been registered or included in the Repository for Information Concerning Orders for Protection [Against Domestic Violence] in the Central Repository for Nevada Records of Criminal History pursuant to NRS 33.095 or in any national crime information database is not grounds for a law enforcement officer to refuse to enforce the terms of the order unless it is apparent to the officer that the order is not authentic on its face.

      4.  If a law enforcement officer determines that an otherwise valid Canadian domestic-violence protection order cannot be enforced because the adverse party has not been notified of or served with the order, the officer shall notify the protected person that the officer will make reasonable efforts to contact the adverse party, consistent with the safety of the protected person. After notice to the protected person and consistent with the safety of the protected person, the law enforcement officer shall make a reasonable effort to inform the adverse party of the order, notify the adverse party of the terms of the order, provide a record of the order, if available, to the adverse party and allow the adverse party a reasonable opportunity to comply with the order before the officer enforces the order.

      5.  If a law enforcement officer determines that a person is a protected person, the officer shall inform him or her of available local victims’ services.

      Sec. 6. NRS 125.560 is hereby amended to read as follows:

      125.560  [A]

      1.  A person who intentionally violates a restraining order or injunction [:

      1.  That] that is in the nature of a temporary or extended order for protection against domestic violence [;] and

      [2.  That] that is issued in an action or proceeding brought pursuant to this title [,

Ê is guilty of] shall be punished:

      (a) Where the order or injunction is in the nature of a temporary order for protection against domestic violence, for a misdemeanor . [, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order or injunction.]

      (b) Where the order or injunction is in the nature of an extended order for protection against domestic violence and:

             (1) The person has not previously violated an extended order for protection against domestic violence, for a misdemeanor;

             (2) The person has previously violated an extended order for protection against domestic violence one time, for a gross misdemeanor; or

             (3) The person has previously violated an extended order for protection against domestic violence two or more times, for a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      Sec. 7. (Deleted by amendment.)

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2837 (CHAPTER 477, AB 19)ê

 

      Sec. 8. NRS 179A.350 is hereby amended to read as follows:

      179A.350  1.  The Repository for Information Concerning Orders for Protection [Against Domestic Violence] is hereby created within the Central Repository.

      2.  Except as otherwise provided in subsection [6,] 10, the Repository for Information Concerning Orders for Protection [Against Domestic Violence] must contain a complete and systematic record of all [temporary] :

      (a) Temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada and all Canadian domestic-violence protection orders registered in the State of Nevada, [in accordance with regulations adopted by the Director of the Department,] including, without limitation, any information received pursuant to NRS 33.095 [.] ;

      (b) Temporary and extended orders for protection against stalking, aggravated stalking or harassment issued in this State pursuant to section 10.7 of this act; and

      (c) Temporary and extended orders for protection against a person alleged to have committed the crime of sexual assault issued in this State pursuant to section 10.3 of this act.

      3.  The records contained in the Repository for Information Concerning Orders for Protection must be kept in accordance with the regulations adopted by the Director of the Department.

      4.  Information received by the Central Repository pursuant to NRS 33.095 and sections 10.3 and 10.7 of this act must be entered in the Repository for Information Concerning Orders for Protection . [Against Domestic Violence not later than 8 hours after it is received by the Central Repository.

      3.] 5.  The information in the Repository for Information Concerning Orders for Protection [Against Domestic Violence must] must be accessible by computer at all times to each agency of criminal justice . [.

      4.]

      6.  The Repository for Information Concerning Orders for Protection shall retain all records of an expired temporary or extended order for protection unless such an order is sealed by a court of competent jurisdiction.

      7.  The existence of a record of an expired temporary or extended order for protection in the Repository for Information Concerning Orders for Protection does not prohibit a person from obtaining a firearm or a permit to carry a concealed firearm unless such conduct violates:

      (a) A court order; or

      (b) Any provision of federal or state law.

      8.  On or before July 1 of each year, the Director of the Department shall submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection [against domestic violence] issued pursuant to NRS 33.020 , 200.378 and 200.591 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection . [Against Domestic Violence.] The report must include, without limitation, information for each court that issues temporary or extended orders for protection [against domestic violence] pursuant to NRS 33.020, 200.378 and 200.591, respectively, concerning:

      (a) The total number of temporary and extended orders that were granted by the court [pursuant to NRS 33.020] during the calendar year to which the report pertains;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2838 (CHAPTER 477, AB 19)ê

 

      (b) The number of temporary and extended orders that were granted to women;

      (c) The number of temporary and extended orders that were granted to men;

      (d) The number of temporary and extended orders that were vacated or expired;

      (e) The number of temporary orders that included a grant of temporary custody of a minor child; and

      (f) The number of temporary and extended orders that were served on the adverse party.

      [5.] 9.  The information provided pursuant to subsection [4] 8 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.

      [6.] 10.  The Repository for Information Concerning Orders for Protection [Against Domestic Violence] must not contain any information concerning an event that occurred before October 1, 1998.

      [7.] 11.  As used in this section, “Canadian domestic-violence protection order” has the meaning ascribed to it in NRS 33.119.

      Sec. 9. (Deleted by amendment.)

      Sec. 10. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 10.3 and 10.7 of this act.

      Sec. 10.3. Any time a court issues a temporary or extended order for protection against a person alleged to have committed the crime of sexual assault and any time a person serves such an order, or receives any information or takes any other action pursuant to this section and NRS 200.378 to 200.3783, inclusive, the court or person, as applicable, shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.

      Sec. 10.7. Any time a court issues a temporary or extended order for protection against stalking, aggravated stalking or harassment and any time a person serves such an order, or receives any information or takes any other action pursuant to this section and NRS 200.571 to 200.601, inclusive, the court or person, as applicable, shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.

      Secs. 11 and 12. (Deleted by amendment.)

      Sec. 13. NRS 200.594 is hereby amended to read as follows:

      200.594  1.  A temporary order issued pursuant to NRS 200.591 expires within such time, not to exceed 30 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.

      2.  On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      3.  An extended order expires within such time, not to exceed [1 year,] 2 years, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for no more than [1 year.]

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2839 (CHAPTER 477, AB 19)ê

 

court, upon notice to the adverse party and a hearing, into an extended order effective for no more than [1 year.] 2 years.

      4.  The court shall enter a finding of fact providing the basis for the imposition of an extended order effective for more than 1 year.

      5.  At any time while the extended order is in effect, the party who obtained the extended order or the adverse party may appear and move for its dissolution or modification based on changes of circumstance of the parties, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      6.  This section must not be construed to limit the adverse party to an interlocutory appeal pursuant to NRS 200.591.

      Sec. 14.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 15.  This act becomes effective on July 1, 2019.

________

CHAPTER 478, AB 176

Assembly Bill No. 176–Assemblymen Yeager; Benitez-Thompson, Krasner and Monroe-Moreno

 

Joint Sponsor: Senator Cannizzaro

 

CHAPTER 478

 

[Approved: June 7, 2019]

 

AN ACT relating to crimes; enacting the Sexual Assault Survivors’ Bill of Rights; defining certain terms relating to victims of sexual assault; creating the Advisory Committee on the Rights of Survivors of Sexual Assault; prescribing the membership and duties of the Advisory Committee; requiring certain information to be provided to a victim of sexual assault; revising certain provisions relating to sexual assault forensic analysis kits; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides under certain circumstances that a person who: (1) subjects another person or child under the age of 14 years to sexual penetration; or (2) forces another person or child under the age of 14 years to make a sexual penetration on himself or herself or another, or on a beast, is guilty of sexual assault. (NRS 200.366) Sections 2-29 of this bill enact the Sexual Assault Survivors’ Bill of Rights. Section 15 of this bill defines the term “survivor” for purposes of the Bill of Rights, and certain other purposes, as a person who is the victim of a sexual assault or certain other persons if the victim is incompetent, deceased or a minor.

      Section 16 of this bill provides that the Sexual Assault Survivors’ Bill of Rights attaches when a survivor is subject to: (1) a forensic medical examination; or (2) an interview by a law enforcement official or prosecutor. Section 17 of this bill generally grants a survivor the right to consult with a sexual assault victims’ advocate or to designate an attendant for support during a sexual assault forensic medical examination and an interview with a law enforcement official or prosecutor. Further, section 18 of this bill provides: (1) that a survivor retains the rights set forth in section 17 even if the survivor has waived such rights during a previous examination or interview; and (2) that, except with the consent of the survivor, the fact that the survivor waived the right to consult with a sexual assault victims’ advocate is not admissible into evidence for any purpose.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2840 (CHAPTER 478, AB 176)ê

 

that, except with the consent of the survivor, the fact that the survivor waived the right to consult with a sexual assault victims’ advocate is not admissible into evidence for any purpose.

      Section 19 of this bill outlines a survivor’s rights before and during a forensic medical examination and prescribe certain duties required of the medical provider. Section 20 of this bill makes conforming changes to reflect a survivor’s rights during an interview with a law enforcement official or prosecutor, and such an interviewer’s duties. Section 21 of this bill affords a survivor the right to counsel under certain circumstances.

      Sections 22-24 of this bill set forth procedures regarding the collection and analysis of forensic evidence kits. Section 25 of this bill prohibits a defendant from challenging his or her conviction based on certain persons not adhering to such collection and analysis timelines. Section 26 of this bill provides that forensic evidence from the sexual assault may not be used to prosecute a survivor under certain circumstances. Section 27 of this bill requires the Office of the Attorney General to develop and make available certain information for a survivor regarding his or her sexual assault.

      Section 29 of this bill provides a survivor with certain rights regarding the legal process, such as being reasonably protected from the defendant, being allowed to wait at trial in a separate area from the defendant, authorizing the survivor to make a survivor impact statement under certain circumstances and prohibiting the requirement of an examination by polygraph of the survivor before he or she is authorized to participate in certain legal processes.

      Section 32 of this bill creates the Advisory Committee on Rights of Survivors of Sexual Assault, and section 33 of this bill prescribes the duties of the Advisory Committee as related to sexual assault forensic evidence kits, sexual assault victims’ advocates and the implementation of the rights guaranteed by the Sexual Assault Survivors’ Bill of Rights.

      Existing law requires a prosecutor to inform an alleged victim of sexual assault of the final disposition of the case if the case goes to trial. (NRS 200.3784) Section 35 of this bill additionally requires the prosecutor to provide, upon the written request of the alleged victim, the pretrial disposition of the case and information supplied by the sex offender registry regarding the defendant, if applicable.

      Existing law sets forth certain requirements pertaining to the collection and analysis of sexual assault forensic evidence kits. (NRS 200.3786) Section 36 of this bill requires: (1) a medical provider to notify a law enforcement agency within 72 hours of conducting a forensic medical examination; and (2) the law enforcement agency to take possession of such a kit within 5 days of such notification.

      Existing law requires the State to implement a statewide tracking system for sexual assault forensic evidence kits and to submit an annual report to the Legislature regarding certain data collected by forensic laboratories analyzing such kits. (NRS 200.3786, 200.3788) Section 36 eliminates the requirement to make such a report. Section 37 of this bill requires that the survivor be allowed to track or receive certain updates via Internet or telephone.

      Section 40.5 of this bill makes an appropriation of $150,000 for each fiscal year to the Office of the Attorney General for the purpose of awarding grants to organizations that will recruit and train persons to serve as sexual assault victims’ advocates.

 

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. Title 14 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 34, inclusive, of this act.

      Sec. 2. Sections 2 to 29, inclusive, of this act may be cited as the Sexual Assault Survivors’ Bill of Rights.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2841 (CHAPTER 478, AB 176)ê

 

      Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4 to 15, inclusive, of this act have the meaning ascribed to them in those sections.

      Sec. 4. “CODIS” has the meaning ascribed to it in NRS 176.09113.

      Sec. 5. “DNA profile” has the meaning ascribed to it in NRS 176.09115.

      Sec. 6. “Forensic laboratory” has the meaning ascribed to it in NRS 176.09117.

      Sec. 7. “Forensic medical examination” has the meaning ascribed to it in NRS 217.300.

      Sec. 8. “Genetic marker analysis” has the meaning ascribed to it in NRS 176.09118.

      Sec. 9. “Law enforcement agency” means any agency, office or bureau of this State or a political subdivision of this State, the primary duty of which is to enforce the law.

      Sec. 10. 1.  “Law enforcement official” means:

      (a) Any person employed by a law enforcement agency; or

      (b) Any person employed by a public school, private school or institution of higher education whose primary duty is to enforce the law.

      2.  For purposes of this section:

      (a) “Institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      (b) “Private school” means a nonprofit private elementary or secondary educational institution that is licensed in this State.

      (c) “Public school” has the meaning ascribed to it in NRS 388.127.

      Sec. 11. “Medical provider” means any provider of health care, as defined in NRS 629.031, hospital, emergency medical facility or other facility conducting a forensic medical examination of a survivor.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13. “Sexual assault forensic evidence kit” has the meaning ascribed to it in NRS 200.364.

      Sec. 13.5. “Sexual assault victims’ advocate” means a victims’ advocate or other trained person who is employed or volunteers at an established center for the support of survivors.

      Sec. 14. “State DNA Database” means the database established pursuant to NRS 176.09121.

      Sec. 15. “Survivor” means a person who is a victim of sexual assault, as defined in NRS 217.280 or, if the victim is incompetent, deceased or a minor, the parent, guardian, spouse, legal representative or other person related to the victim within the second degree of consanguinity or affinity, unless such person is the defendant or accused or is convicted of the sexual assault.

      Sec. 16. 1.  The rights provided to a survivor pursuant to the Sexual Assault Survivors’ Bill of Rights attach whenever the survivor is subject to:

      (a) A forensic medical examination; or

      (b) An interview by a law enforcement official or prosecutor.

      2.  A survivor retains the rights provided by the Sexual Assault Survivors’ Bill of Rights at all times, regardless of whether the survivor:

      (a) Agrees to participate in the legal or criminal justice system;

      (b) Agrees to speak to a law enforcement official or prosecutor; or

      (c) Consents to a forensic medical examination.

      Sec. 17. 1.  A survivor has the right to consult with a sexual assault victims’ advocate during:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2842 (CHAPTER 478, AB 176)ê

 

      (a) Any forensic medical examination; and

      (b) Any interview by a law enforcement official or prosecutor.

      2.  Except as otherwise provided in subsection 3, a survivor has the right to designate an attendant to provide support during:

      (a) Any forensic medical examination; and

      (b) Any interview by a law enforcement official or prosecutor.

      3.  If a law enforcement official or prosecutor conducts an interview of a survivor who is a minor, the law enforcement official or prosecutor may exclude the attendant from the interview if the law enforcement official or prosecutor:

      (a) Has successfully completed specialized training in interviewing survivors who are minors that meets the standards of the National Children’s Alliance or its successor organization or another national organization that provides specialized training in interviewing survivors who are minors; and

      (b) Determines, in his or her good faith, that the presence of the attendant would be detrimental to the purpose of the interview.

      Sec. 18. 1.  A survivor retains the rights pursuant to section 17 of this act even if the survivor has waived such rights during a previous examination or interview.

      2.  Except with the consent of the survivor, the fact that the survivor waived the right to consult with a sexual assault victims’ advocate pursuant to section 17 of this act is not admissible into evidence for any purpose.

      Sec. 19. 1.  If a survivor requests a consultation with a sexual assault victims’ advocate or an attendant to provide support to the survivor pursuant to section 17 of this act, the medical provider shall summon the sexual assault victims’ advocate or attendant before the commencement of the forensic medical examination.

      2.  If a sexual assault victims’ advocate or an attendant to provide support to the survivor pursuant to section 17 of this act cannot be summoned in a timely manner, the medical provider shall inform the survivor of the ramifications of delaying the forensic medical examination.

      3.  A survivor must not be required to pay any expense related to a forensic medical examination pursuant to NRS 217.300.

      4.  After the forensic medical examination, the survivor has the right to use a shower apparatus at no cost, unless a facility which includes a shower apparatus is not available.

      5.  Before a medical provider commences a forensic medical examination, the medical provider shall inform the survivor of his or her rights pursuant to the Sexual Assault Survivors’ Bill of Rights and other relevant law by presenting a document developed by the Office of the Attorney General pursuant to section 27 of this act.

      6.  The person who presents to the survivor the document developed by the Office of the Attorney General pursuant to section 27 of this act shall sign a written acknowledgment indicating that the person presented the document to the survivor. The written acknowledgment must be retained in the case file of the survivor.

      Sec. 20. 1.  If a survivor exercises his or her right to consult with a sexual assault victims’ advocate during an interview pursuant to section 17 of this act, the law enforcement official or prosecutor conducting the interview, as applicable, shall summon the sexual assault victims’ advocate before the commencement of the interview, unless no sexual assault victims’ advocate can be summoned in a timely manner.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2843 (CHAPTER 478, AB 176)ê

 

before the commencement of the interview, unless no sexual assault victims’ advocate can be summoned in a timely manner.

      2.  A survivor has the right to designate an attendant to provide support of his or her choosing during any interview by a law enforcement official or prosecutor pursuant to section 17 of this act, unless the law enforcement official or prosecutor determines, in his or her good faith, that the presence of the attendant would be detrimental to the purpose of the interview.

      3.  A survivor has the right to be interviewed by a law enforcement official of the gender of the choosing of the survivor. If no law enforcement official of that gender is available in a reasonably timely manner, the survivor may be interviewed by an available law enforcement official of a different gender only upon the consent of the survivor.

      4.  A law enforcement official or prosecutor shall not discourage a survivor from receiving a forensic medical examination.

      5.  Before commencing an interview with a survivor, the law enforcement official or prosecutor conducting the interview shall inform the survivor of his or her rights pursuant to the Sexual Assault Survivors’ Bill of Rights and other relevant law.

      6.  Any information conveyed by the law enforcement official or prosecutor pursuant to subsection 5 must be conveyed to the survivor by presenting a document developed by the Office of the Attorney General pursuant to section 27 of this act.

      7.  The person who presents to the survivor the document developed by the Office of the Attorney General pursuant to section 27 of this act shall sign a written acknowledgment indicating that the person presented the document to the survivor. The written acknowledgment must be retained in the case file of the survivor.

      Sec. 21. 1.  A survivor retains the right to have counsel present during any forensic medical examination, interview, investigation or other interaction with any representative of the legal or criminal justice system within this State pursuant to sections 16 to 20, inclusive, of this act.

      2.  The treatment of the survivor must not be affected or altered in any way as a result of the decision of the survivor to exercise his or her right to have counsel present during any forensic medical examination, interview, investigation or other interaction with the legal or criminal justice systems within this State.

      Sec. 22. 1.  A survivor has the right to prompt genetic marker analysis of a sexual assault forensic evidence kit pursuant to NRS 200.3786.

      2.  A sexual assault forensic evidence kit must be transported to a forensic laboratory and analyzed pursuant to NRS 200.3786, unless the survivor requests, in writing at any time prior to such analysis, for the forensic laboratory to defer analysis of the sexual assault forensic evidence kit.

      3.  Biological evidence, including, without limitation, a sexual assault forensic evidence kit, secured in connection with the investigation or prosecution of a criminal case must be preserved and stored in accordance with the provisions of this subsection and NRS 176.0912. A sexual assault forensic evidence kit that is in the custody of an agency of criminal justice must be retained for:

      (a) If the sexual assault forensic evidence kit is associated with an uncharged or unsolved sexual assault, at least 50 years.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2844 (CHAPTER 478, AB 176)ê

 

      (b) If the sexual assault forensic evidence kit is associated with an unreported or anonymous sexual assault, at least 20 years.

      4.  If a survivor has requested to defer analysis pursuant to subsection 2, the survivor may request that the forensic laboratory analyze the sexual assault forensic evidence kit at any later date before the expiration of the retention period pursuant to subsection 3.

      5.  A survivor has the right to the information regarding the timeline of the genetic marker analysis of sexual assault forensic evidence kits pursuant to NRS 200.3786.

      Sec. 23.  Upon the request of a survivor, he or she has the right to be informed of:

      1.  The results of the genetic marker analysis of the sexual assault forensic evidence kit of the survivor;

      2.  Whether the analysis yielded a DNA profile; and

      3.  Whether the analysis yielded the DNA profile of the defendant or person accused or convicted of a crime against the survivor or a person already in CODIS.

      Sec. 24. The failure of a law enforcement agency to take possession of a sexual assault forensic evidence kit pursuant to the Sexual Assault Survivors’ Bill of Rights, or the failure of the law enforcement agency to submit such evidence for genetic marker analysis within the timeline prescribed pursuant to the Bill of Rights, does not alter:

      1.  The authority of a law enforcement agency to take possession of that evidence or to submit that evidence to a forensic laboratory; and

      2.  The authority of the forensic laboratory to accept and analyze the evidence or to upload an eligible DNA profile obtained from such evidence to CODIS or the State DNA Database.

      Sec. 25. 1.  A defendant or person accused or convicted of a crime against a survivor does not have standing to seek to have his or her conviction or sentence set aside for any failure by a medical provider, law enforcement agency, forensic laboratory or other relevant entity to comply with the timing requirements of the Sexual Assault Survivors’ Bill of Rights.

      2.  Failure by a medical provider, law enforcement agency, forensic laboratory or other relevant entity to comply with the requirements of the Sexual Assault Survivors’ Bill of Rights does not constitute grounds for challenging the validity of a match or any information in the State DNA Database during any criminal or civil proceeding, and any evidence of such a match or any information in the State DNA Database must not be excluded by a court on such grounds.

      Sec. 26. Forensic evidence from a sexual assault may not be used:

      1.  To prosecute a survivor for any:

      (a) Misdemeanor; or

      (b) Offense related to a controlled substance.

      2.  As a basis to search for further evidence of any unrelated misdemeanor or any offense related to a controlled substance that may have been committed by the survivor.

      Sec. 27. 1.  The Office of the Attorney General shall:

      (a) Develop a document that explains the rights of a survivor pursuant to the Sexual Assault Survivors’ Bill of Rights and other relevant law; and

      (b) Make the document available to medical providers, law enforcement officials and prosecutors.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2845 (CHAPTER 478, AB 176)ê

 

      2.  The document must be in clear language that is comprehensible to a person proficient in English at the reading level of a fifth grader, accessible to persons with visual disabilities and available in all major languages of this State.

      3.  The document must include, without limitation:

      (a) A clear statement that the survivor is not required to participate in the criminal justice system or to receive a forensic medical examination in order to retain the rights provided by the Sexual Assault Survivors’ Bill of Rights and other relevant law;

      (b) Means of contacting, by telephone or Internet, nearby sexual assault victims’ advocates and centers for support for victims of sexual assault;

      (c) Information about the availability of temporary and extended orders of protection pursuant to NRS 200.378;

      (d) Instructions for requesting the results of the genetic marker analysis of the sexual assault forensic evidence kit of the survivor;

      (e) Information concerning state and federal funds for compensation for medical and other costs associated with the sexual assault; and

      (f) Information concerning any municipal, state or federal right to restitution for survivors in the event of a criminal trial.

      Sec. 28. 1.  Except as otherwise provided in this subsection, a law enforcement agency shall, upon written request by the survivor, furnish within 1 month, free, complete and unaltered copies of all reports of the law enforcement agency concerning the sexual assault, regardless of whether the report has been closed by the law enforcement agency. A law enforcement agency may, as appropriate, redact personal identifying information from any reports provided pursuant to this subsection. As used in this section, “personal identifying information” has the meaning ascribed to it in NRS 205.4617.

      2.  A prosecutor shall, upon written request of a survivor, provide certain information to the survivor pursuant to NRS 200.3784.

      3.  Each forensic laboratory shall submit the report concerning the status of sexual assault forensic evidence kits annually pursuant to NRS 200.3786.

      Sec. 29. 1.  In addition to any other right provided by law, a survivor has the right:

      (a) In any civil or criminal case related to a sexual assault, to be reasonably protected from the defendant and persons acting on behalf of the defendant.

      (b) To be free from intimidation, harassment and abuse.

      (c) To be treated with fairness and respect for his or her privacy and dignity.

      (d) To be heard through a victim impact statement at any proceeding involving any plea, sentencing, postconviction decision or any other proceeding where the rights of the survivor are at issue.

      2.  A survivor must not be required to submit to an examination by polygraph as a prerequisite to filing an accusatory pleading or participating in any part of the criminal justice system.

      3.  A court shall make reasonable efforts to provide the survivor and the family, friends and witnesses of the survivor with a secure waiting area or room that is separate from:

      (a) The waiting area of the defendant and the family, friends, witnesses and attorneys of the defendant; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2846 (CHAPTER 478, AB 176)ê

 

      (b) The office of the prosecutor, if applicable.

      Sec. 30.  (Deleted by amendment.)

      Sec. 31. As used in sections 31 to 34, inclusive, of this act, “Advisory Committee” means the Advisory Committee on Rights of Survivors of Sexual Assault.

      Sec. 32. 1.  There is hereby created the Advisory Committee on Rights of Survivors of Sexual Assault.

      2.  The Advisory Committee consists of:

      (a) The Attorney General;

      (b) The Director of the Department of Corrections;

      (c) One member who is a law enforcement official working for a local law enforcement agency, appointed by the Nevada Sheriffs’ and Chiefs’ Association;

      (d) One member who is an attorney, appointed by the governing body of the State Bar of Nevada; and

      (e) The following members appointed by the Attorney General:

             (1) One member who is a survivor and a citizen or lawful resident of this State;

             (2) One member who is a representative of an organization supporting the rights of survivors;

             (3) One member who is a representative of a center of support for victims of sexual assault;

             (4) One member who is a representative of a forensic laboratory;

             (5) One member who is a representative of a university, state college or community college within the Nevada System of Higher Education whose duties of his or her occupation include direct services to victims of sexual assault and whose employer is not under investigation by the United States Department of Education for an alleged violation of 20 U.S.C. § 1092 or Title IX of the Education Amendments Act of 1972, 20 U.S.C. §§ 1681 et seq.;

             (6) One member who is a representative of an organization that provides services, education or outreach to minority communities;

             (7) One member who is a representative of an organization that provides services, education or outreach to lesbian, gay, bisexual, transgender and questioning persons; and

             (8) One member who is a nurse examiner who specializes in forensic medical examinations for sexual assault.

      3.  The Attorney General may appoint not more than three other persons to the Advisory Committee. The total membership of the Advisory Committee must not exceed 15 members.

      4.  If any organization listed in subsection 2 ceases to exist, the appointment required pursuant to that subsection must be made by the association’s successor in interest or, if there is no successor in interest, by the Attorney General.

      5.  Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      6.  At the first regular meeting of each odd-numbered year, the members of the Advisory Committee shall elect a Chair by majority vote who shall serve until the next Chair is elected.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2847 (CHAPTER 478, AB 176)ê

 

      7.  The Advisory Committee shall meet at least once annually at a time and place specified by the Chair and may meet at such further times as deemed necessary by the Chair.

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

      9.  While engaged in the business of the Advisory Committee, to the extent of legislative appropriation, each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      10.  The Attorney General shall provide the staff necessary to carry out the duties of the Advisory Committee.

      Sec. 33. 1.  The Advisory Committee shall study practices that are nationally recognized and make recommendations regarding:

      (a) Whether a need exists for additional sexual assault victims’ advocates for survivors and, if such a need exists, the Advisory Committee shall, in conjunction with centers of support for victims of sexual assault, organizations for advocates of survivors and other relevant programs or organizations, create a plan for how the State can provide additional sexual assault victims’ advocates to meet such a need, and determine the cost of such a plan.

      (b) Whether the need exists to expand the right of a survivor to a sexual assault victims’ advocate beyond the forensic medical examination and with a law enforcement official interview, and if such a need exists, the Advisory Committee shall:

             (1) Identify the scope and nature of the need; and

             (2) Make recommendations on how to best fill such a need.

      (c) Whether a need exists to provide ongoing evaluation of the implementation of the rights of survivors pursuant to the Sexual Assault Survivors’ Bill of Rights and, if such a need exists, the Advisory Committee shall:

             (1) Identify the scope and nature of the need; and

             (2) Make recommendations on how to best fill such a need, legislatively or otherwise.

      2.  In fulfilling the duties prescribed by subsection 1, the Advisory Committee shall collect:

      (a) Data regarding reporting of sexual assaults, arrests relating to sexual assaults, rates of prosecutions relating to sexual assaults, access to victims’ services for survivors and any other relevant data necessary relating to sexual assaults for the deliberations and recommendations of the Advisory Committee and, if such data does not exist, the Advisory Committee shall encourage the creation and maintenance of such data; and

      (b) Feedback from stakeholders, practitioners and leadership of state and local law enforcement agencies, victims’ services, practitioners of forensic science and health care communities to inform the development of best practices for the future, or clinical guidelines regarding the care and treatment of survivors.

      3.  In undertaking the duties prescribed by subsection 1, the Advisory Committee may retain independent experts. Such experts may:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2848 (CHAPTER 478, AB 176)ê

 

      (a) Request files and records from any law enforcement official. The information obtained from such a request must be kept strictly confidential and reported only as aggregated or anonymized data.

      (b) Conduct confidential interviews with law enforcement officials, medical providers, sexual assault victims’ advocates and other such persons with direct knowledge of the response process for sexual assaults.

      (c) Provide recommendations to the Advisory Committee.

      4.  On or before September 1 of each even-numbered year, the Advisory Committee shall:

      (a) Prepare a report that includes the results of the assessments, developments and recommendations pursuant to this section.

      (b) Submit the report prepared to paragraph (a) to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission.

      Sec. 34. 1.  The Attorney General may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of sections 31 to 34, inclusive, of this act.

      2.  Any money received pursuant to this section must be deposited in the Special Account for the Support of the Advisory Committee, which is hereby created in the State General Fund. Interest and income earned on money in the Account must be credited to the Account. Money in the Account may only be used for the support of the Advisory Committee and its activities pursuant to sections 31 to 34, inclusive, of this act.

      Sec. 35. NRS 200.3784 is hereby amended to read as follows:

      200.3784  1.  [The] Upon written request of the alleged victim, the prosecuting attorney in any trial brought against a person on a charge of sexual assault shall timely inform the alleged victim of [the] :

      (a) Any pretrial disposition of the case;

      (b) The final disposition of the case [.] ; and

      (c) Information from the record of registration pursuant to NRS 179D.151 regarding the defendant, if applicable.

      2.  If the defendant is found guilty and the court issues an order or provides a condition of the sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:

      (a) Keep a record of the order or condition of the sentence; and

      (b) Provide a certified copy of the order or condition of the sentence to the victim and other persons named in the order.

      Sec. 36. NRS 200.3786 is hereby amended to read as follows:

      200.3786  1.  Within 72 hours after conducting a forensic medical examination, a medical provider shall notify the law enforcement agency having jurisdiction over the alleged sexual assault of the victim and the law enforcement agency shall take possession of the sexual assault forensic evidence kit.

      2.  If a law enforcement agency determines it does not have jurisdiction over an alleged sexual assault, the law enforcement agency shall notify the law enforcement agency having proper jurisdiction of such an assault within 5 days after taking possession of the sexual assault forensic evidence kit. After receiving such notice, the law enforcement agency with proper jurisdiction shall take possession of the sexual assault forensic evidence kit.

      3.  Except as otherwise provided in this subsection, a law enforcement agency shall, not later than 30 days after receiving notice pursuant to subsection 1 or 2 of a sexual assault forensic evidence kit, submit the sexual assault forensic evidence kit to the applicable forensic laboratory responsible for conducting a genetic marker analysis.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2849 (CHAPTER 478, AB 176)ê

 

assault forensic evidence kit to the applicable forensic laboratory responsible for conducting a genetic marker analysis. The provisions of this subsection do not apply to any noninvestigatory sexual assault forensic evidence kit associated with a victim who has chosen to remain anonymous.

      [2.]4.  A law enforcement agency shall, not later than 5 days after receiving notice of a sexual assault forensic evidence kit, assign a criminal complaint number to the evidence.

      5.  Any law enforcement agency that submits a sexual assault forensic evidence kit to a forensic laboratory shall, immediately following such a submission, notify the victim of the information contained in subsections 1, 2 and 3.

      6.  A forensic laboratory shall, not later than 120 days after receiving a sexual assault forensic evidence kit from a law enforcement agency, test the sexual assault forensic evidence kit [.] , unless the victim requests, in writing, to defer the genetic marker analysis of the sexual assault forensic evidence kit pursuant to section 22 of this act.

      7.  Upon completion of a genetic marker analysis, the forensic laboratory shall include [the] an eligible DNA profile obtained from the genetic marker analysis in the State DNA Database and CODIS.

      [3.  Each forensic laboratory that receives a sexual assault forensic evidence kit from a law enforcement agency shall, on or before January 31 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session. If the Legislature is in session, the Director shall ensure that each member of the Assembly and Senate Standing Committees on Judiciary receives a copy of the report. The report must contain:

      (a) With regard to any sexual assault forensic evidence kit received by the forensic laboratory before January 1, 2015:

             (1) The total number of such sexual assault forensic evidence kits tested during the immediately preceding calendar year; and

             (2) The total number of such sexual assault forensic evidence kits that have not been tested.

      (b) With regard to any sexual assault forensic evidence kit received by the forensic laboratory on or after January 1, 2015:

             (1) The total number of such sexual assault forensic evidence kits tested during the immediately preceding calendar year and, for each such sexual assault forensic evidence kit, the date on which:

                   (I) The forensic evidence was obtained from a forensic medical examination;

                   (II) The sexual assault forensic evidence kit was submitted to the forensic laboratory; and

                   (III) The DNA profile obtained from the genetic marker analysis was included in the State DNA Database and CODIS.

             (2) The total number of such sexual assault forensic evidence kits that have not been tested and, for each such sexual assault forensic evidence kit, the date on which:

                   (I) The forensic evidence was obtained from a forensic medical examination; and

                   (II) The sexual assault forensic evidence kit was submitted to the forensic laboratory.

      4.] 8.  As used in this section:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2850 (CHAPTER 478, AB 176)ê

 

      (a) “CODIS” has the meaning ascribed to it in NRS 176.09113.

      (b) “State DNA Database” has the meaning ascribed to it in NRS 176.09119.

      Sec. 37. NRS 200.3788 is hereby amended to read as follows:

      200.3788  1.  A statewide program to track sexual assault forensic evidence kits must be established in this State. The Attorney General shall, pursuant to the recommendation of the Sexual Assault Kit Working Group, designate a department or division of the Executive Department of State Government to establish the program. The designated department or division may contract with any appropriate public or private agency, organization or institution to carry out the provisions of this section.

      2.  The program to track sexual assault forensic evidence kits must:

      (a) Track the location and status of sexual assault forensic evidence kits, including, without limitation, the initial forensic medical examination, receipt by a law enforcement agency and receipt and genetic marker analysis at a forensic laboratory.

      (b) Allow providers of health care who perform forensic medical examinations, law enforcement agencies, prosecutors, forensic laboratories and any other entities having sexual assault forensic evidence kits in their custody to track the status and location of sexual assault forensic evidence kits.

      (c) Allow a victim of sexual assault to anonymously track or receive , by telephone or on an Internet website, updates regarding the status and location of his or her sexual assault forensic evidence kit.

      3.  The department or division designated pursuant to subsection 1 shall, on or before January 1 and July 1 of each year, submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Subcommittee to Review DNA of the Advisory Commission on the Administration of Justice and post on the Internet website maintained by the department or division a report concerning the statewide program to track sexual assault forensic evidence kits. The report must include:

      (a) The number of sexual assault forensic evidence kits in the program in each county.

      (b) The number of sexual assault forensic evidence kits for which genetic marker analysis has been completed for each county for the last 6 months.

      (c) The number of sexual assault forensic evidence kits added to the program in each county during the last 6 months.

      (d) The number of sexual assault forensic evidence kits for which genetic marker analysis has been requested but not completed for each county.

      (e) For this State as a whole and each county, the average and median time between a forensic medical examination and receipt of a sexual assault forensic evidence kit by a forensic laboratory for genetic marker analysis, overall and for the last 6 months.

      (f) For this State as a whole and each county, the average and median time between receipt of a sexual assault forensic evidence kit by a forensic laboratory and genetic marker analysis, overall and for the last 6 months.

      (g) The number of sexual assault forensic evidence kits in each county awaiting genetic marker analysis for more than 1 year and 6 months after forensic medical examination.

      4.  Each law enforcement agency, prosecutor, forensic laboratory and provider of health care who performs forensic medical examinations in this State shall participate in the statewide program to track sexual assault forensic evidence kits for the purpose of tracking the status of any sexual assault forensic evidence kits in the custody of the agency, prosecutor, laboratory or provider, or a third party under contract with such agency, prosecutor, laboratory or provider.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2851 (CHAPTER 478, AB 176)ê

 

forensic evidence kits in the custody of the agency, prosecutor, laboratory or provider, or a third party under contract with such agency, prosecutor, laboratory or provider.

      5.  Any agency or person who acts pursuant to this section in good faith and without gross negligence is immune from civil liability for those acts.

      6.  The department or division designated pursuant to subsection 1 may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section.

      7.  As used in this section, “Sexual Assault Kit Working Group” means the statewide working group led by the Office of the Attorney General to create policies and procedures to address the backlog of sexual assault forensic evidence kits that have not been tested.

      Sec. 38. Section 28 of this act is hereby amended to read as follows:

       Sec. 28.  1.  Except as otherwise provided in this subsection, a law enforcement agency shall, upon written request by the survivor, furnish within 1 month, free, complete and unaltered copies of all reports of the law enforcement agency concerning the sexual assault, regardless of whether the report has been closed by the law enforcement agency. A law enforcement agency may, as appropriate, redact personal identifying information from any reports provided pursuant to this subsection. As used in this section, “personal identifying information” has the meaning ascribed to it in NRS 205.4617.

       2.  A prosecutor shall, upon written request of a survivor, provide certain information to the survivor pursuant to NRS 200.3784.

       3.  Each forensic laboratory shall submit the report concerning the status of sexual assault forensic evidence kits annually pursuant to NRS 200.3786.

       4.  The State shall establish a statewide program to track sexual assault forensic evidence kits pursuant to NRS 200.3788.

      Sec. 39. Section 33 of this act is hereby amended to read as follows:

       Sec. 33.  1.  The Advisory Committee shall study practices that are nationally recognized and make recommendations regarding:

       (a) Whether a need exists for additional sexual assault victims’ advocates for survivors and, if such a need exists, the Advisory Committee shall, in conjunction with centers of support for victims of sexual assault, organizations for advocates of survivors and other relevant programs or organizations, create a plan for how the State can provide additional sexual assault victims’ advocates to meet such a need, and determine the cost of such a plan.

       (b) Whether the need exists to expand the right of a survivor to a sexual assault victims’ advocate beyond the forensic medical examination and with a law enforcement official interview, and if such a need exists, the Advisory Committee shall:

             (1) Identify the scope and nature of the need; and

             (2) Make recommendations on how to best fill such a need.

       (c) Whether a need exists to provide ongoing evaluation of the implementation of the rights of survivors pursuant to the Sexual Assault Survivors’ Bill of Rights and, if such a need exists, the Advisory Committee shall:

             (1) Identify the scope and nature of the need; and

             (2) Make recommendations on how to best fill such a need, legislatively or otherwise.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2852 (CHAPTER 478, AB 176)ê

 

       (d) The effectiveness of the statewide program to track sexual assault forensic evidence kits pursuant to NRS 200.3788.

       2.  In fulfilling the duties prescribed by subsection 1, the Advisory Committee shall collect:

       (a) Data regarding reporting of sexual assaults, arrests relating to sexual assaults, rates of prosecutions relating to sexual assaults, access to victims’ services for survivors and any other relevant data necessary relating to sexual assaults for the deliberations and recommendations of the Advisory Committee and, if such data does not exist, the Advisory Committee shall encourage the creation and maintenance of such data; and

       (b) Feedback from stakeholders, practitioners and leadership of state and local law enforcement agencies, victims’ services, practitioners of forensic science and health care communities to inform the development of best practices for the future, or clinical guidelines regarding the care and treatment of survivors.

       3.  In undertaking the required duties of the Advisory Committee, the Advisory Committee may retain independent experts. Such experts may:

       (a) Request files and records from any law enforcement official. The information obtained from such a request must be kept strictly confidential and reported only as aggregated or anonymized data.

       (b) Conduct confidential interviews with law enforcement officials, medical providers, sexual assault victims’ advocates and other such persons with direct knowledge of the response process for sexual assaults.

       (c) Provide recommendations to the Advisory Committee.

       4.  On or before September 1 of each even-numbered year, the Advisory Committee shall:

       (a) Produce a report that includes the results of the assessments, developments and recommendations pursuant to subsections 1 and 2.

       (b) Submit the report prepared to paragraph (a) to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission.

      Sec. 40. (Deleted by amendment.)

      Sec. 40.5.  1.  There is hereby appropriated from the State General Fund to the Office of the Attorney General for the purpose of awarding grants of money to organizations that will use the grants to recruit and train persons to serve as sexual assault victims’ advocates the following sums:

For the Fiscal Year 2019-2020......................................................... $150,000

For the Fiscal Year 2020-2021......................................................... $150,000

      2.  The Office of the Attorney General may not use more than 10 percent of the money appropriated by subsection 1 to administer the grant program established by this section.

      Sec. 41. (Deleted by amendment.)

      Sec. 41.5.  Any balance of the sums appropriated by section 40.5 of this act remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriations are made or any entity to which money from the appropriations is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2853 (CHAPTER 478, AB 176)ê

 

either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.

      Sec. 42.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 43.  1.  This section and sections 40.5 and 41.5 of this act become effective on July 1, 2019.

      2.  Sections 1 to 36, inclusive, and 42 of this act become effective:

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

      (b) On January 1, 2020, for all other purposes.

      3.  Sections 37, 38 and 39 of this act become effective on January 1, 2021.

________

CHAPTER 479, SB 218

Senate Bill No. 218–Senators Cannizzaro, Spearman; Brooks, Denis, Dondero Loop, Parks, Scheible and Woodhouse

 

CHAPTER 479

 

[Approved: June 7, 2019]

 

AN ACT relating to domestic violence; revising provisions relating to temporary and extended orders for protection against domestic violence; revising provisions relating to the crime of battery which constitutes domestic violence; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth certain unlawful acts which constitute domestic violence when committed against certain persons. (NRS 33.018) Existing law authorizes a court to grant a temporary or extended order for protection against domestic violence. (NRS 33.020) Section 1 of this bill prohibits a court, when determining whether to grant such an order, from considering any factor other than whether a petitioner was the victim of domestic violence or a threat thereof.

      Existing law provides that a person is guilty of a misdemeanor for intentionally violating a temporary or extended order for protection against domestic violence. (NRS 33.100) Section 3 of this bill provides that a person who intentionally violates an extended order for protection against domestic violence and who has not previously violated such an order is guilty of a misdemeanor. Section 3 increases the penalty for intentionally violating such an extended order to: (1) a gross misdemeanor if the person has previously violated such an order one time; or (2) a category D felony if the person has previously violated such an order two or more times. Section 5 of this bill makes conforming changes.

      Existing law makes it a category B felony, punishable by a minimum term of imprisonment of 2 years and a maximum term of 15 years and a fine of not less than $2,000 but not more than $5,000, to commit a battery which constitutes domestic violence if the person has previously been convicted of: (1) a felony in this State for committing battery which constitutes domestic violence; (2) a battery which constitutes domestic violence that is committed by strangulation; or (3) a violation of the law of any other jurisdiction that prohibits conduct that is the same or similar to a felony in this State for committing a battery which constitutes domestic violence.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2854 (CHAPTER 479, SB 218)ê

 

this State for committing a battery which constitutes domestic violence. (NRS 200.485) Section 7 of this bill additionally provides that if such a person commits a battery which constitutes domestic violence and the person has previously been convicted of a battery with the use of a deadly weapon against a person who would otherwise qualify as a victim of domestic violence, the person is guilty of such a category B felony punishable by a minimum term of imprisonment of 2 years and a maximum term of 15 years, and a fine of not less than $2,000 but not more than $5,000. Sections 2 and 4-6 of this bill make conforming changes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 33.020 is hereby amended to read as follows:

      33.020  1.  If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order. A court shall only consider whether the act of domestic violence or the threat thereof satisfies the requirements of NRS 33.018 without considering any other factor in its determination to grant the temporary or extended order.

      2.  A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.

      [2.] 3.  The court may require the applicant or the adverse party, or both, to appear before the court before determining whether to grant the temporary or extended order.

      [3.] 4.  A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.

      [4.] 5.  A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed. If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a second hearing which must be held within 90 days after the date on which the first hearing was scheduled.

      [5.] 6.  If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear on the date set for a second hearing on an application for an extended order pursuant to subsection [4,] 5, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a third hearing which must be held within 90 days after the date on which the second hearing was scheduled.

      [6.] 7.  The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.

      [7.] 8.  If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2855 (CHAPTER 479, SB 218)ê

 

NRS 171.137, the court may grant a temporary order. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.

      [8.] 9.  In a county whose population is 52,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection [7.] 8.

      [9.] 10.  In a county whose population is less than 52,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order pursuant to subsection [7.] 8.

      [10.] 11.  The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

      Sec. 2. NRS 33.080 is hereby amended to read as follows:

      33.080  1.  A temporary order expires within such time, not to exceed 30 days, as the court fixes. If an application for an extended order is filed within the period of a temporary order or at the same time that an application for a temporary order is filed, the temporary order remains in effect until:

      (a) The hearing on the extended order is held; or

      (b) If the court schedules a second or third hearing pursuant to subsection [4] 5 or [5] 6 of NRS 33.020, the date on which the second or third hearing on an application for an extended order is held.

      2.  On 2 days’ notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.

      3.  An extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for not more than 1 year.

      Sec. 3. NRS 33.100 is hereby amended to read as follows:

      33.100  A person who intentionally violates [a] :

      1.  A temporary [or extended] order is guilty of a misdemeanor . [, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.]

      2.  An extended order and:

      (a) Who has not previously violated an extended order is guilty of a misdemeanor;

      (b) Who has previously violated an extended order one time is guilty of a gross misdemeanor; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2856 (CHAPTER 479, SB 218)ê

 

      (c) Who has previously violated an extended order two or more times is guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê Each act that constitutes a violation of the temporary or extended order may be prosecuted as a separate violation of the order.

      Sec. 4. NRS 1.130 is hereby amended to read as follows:

      1.130  1.  No court except a justice court or a municipal court shall be opened nor shall any judicial business be transacted except by a justice court or municipal court on Sunday, or on any day declared to be a legal holiday according to the provisions of NRS 236.015, except for the following purposes:

      (a) To give, upon their request, instructions to a jury then deliberating on their verdict.

      (b) To receive a verdict or discharge a jury.

      (c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.

      (d) To receive communications by telephone and for the issuance of a temporary order pursuant to subsection [7] 8 of NRS 33.020.

      (e) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person on behalf of the plaintiff, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows:

 

       That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same.

 

All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.

      2.  Nothing herein contained shall affect private transactions of any nature whatsoever.

      Sec. 5. NRS 125.560 is hereby amended to read as follows:

      125.560  1.  A person who intentionally violates a restraining order or injunction [:

      1.  That] that is in the nature of a temporary or extended order for protection against domestic violence [;] and

      [2.  That] that is issued in an action or proceeding brought pursuant to this title [,

Ê is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order or injunction.] shall be punished:

      (a) Where the order or injunction is in the nature of a temporary order for protection against domestic violence, for a misdemeanor.

      (b) Where the order or injunction is in the nature of an extended order for protection against domestic violence and:

             (1) The person has not previously violated an extended order for protection against domestic violence, for a misdemeanor;

             (2) The person has previously violated an extended order for protection against domestic violence one time, for a gross misdemeanor; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2857 (CHAPTER 479, SB 218)ê

 

             (3) The person has previously violated an extended order for protection against domestic violence two or more times, for a category D felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.

      Sec. 6. NRS 171.136 is hereby amended to read as follows:

      171.136  1.  If the offense charged is a felony or gross misdemeanor, the arrest may be made on any day, and at any time of day or night.

      2.  If it is a misdemeanor, the arrest cannot be made between the hours of 7 p.m. and 7 a.m., except:

      (a) Upon the direction of a magistrate, endorsed upon the warrant;

      (b) When the offense is committed in the presence of the arresting officer;

      (c) When the person is found and the arrest is made in a public place or a place that is open to the public and:

             (1) There is a warrant of arrest against the person; and

             (2) The misdemeanor is discovered because there was probable cause for the arresting officer to stop, detain or arrest the person for another alleged violation or offense;

      (d) When the offense is committed in the presence of a private person and the person makes an arrest immediately after the offense is committed;

      (e) When the arrest is made in the manner provided in NRS 171.137;

      (f) [When the offense charged is a violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive;

      (g)] When the person is already in custody as a result of another lawful arrest; or

      [(h)] (g) When the person voluntarily surrenders himself or herself in response to an outstanding warrant of arrest.

      Sec. 7. NRS 200.485 is hereby amended to read as follows:

      200.485  1.  Unless a greater penalty is provided pursuant to subsection 2 or 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018:

      (a) For the first offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

             (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.

      (b) For the second offense within 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

             (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2858 (CHAPTER 479, SB 218)ê

 

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.

      (c) For the third offense within 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  Unless a greater penalty is provided pursuant to subsection 3 or NRS 200.481, a person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed by strangulation as described in NRS 200.481, is guilty of a category C felony and shall be punished as provided in NRS 193.130 and by a fine of not more than $15,000.

      3.  Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:

      (a) A battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a felony pursuant to paragraph (c) of subsection 1 or subsection 2; [or]

      (b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481; or

      (c) A violation of the law of any other jurisdiction that prohibits the same or similar conduct set forth in paragraph (a) [,] or (b),

Ê and who commits a battery which constitutes domestic violence pursuant to NRS 33.018 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000, but not more than $5,000.

      4.  In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:

      (a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

      (b) For the second offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

Ê If the person resides in this State but the nearest location at which counseling services are available is in another state, the court may allow the person to participate in counseling in the other state in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.

      5.  Except as otherwise provided in this subsection, an offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:

      (a) When evidenced by a conviction; or

      (b) If the offense is conditionally dismissed pursuant to NRS 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,

Ê without regard to the sequence of the offenses and convictions. An offense which is listed in paragraph (a) , [or] (b) or (c) of subsection 3 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2859 (CHAPTER 479, SB 218)ê

 

evidenced by a conviction, without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      6.  In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Account for Programs Related to Domestic Violence established pursuant to NRS 228.460.

      7.  In addition to any other penalty, the court may require such a person to participate, at his or her expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

      8.  If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services. If the court refers a child to an agency which provides child welfare services, the court shall require the person convicted of a battery which constitutes domestic violence pursuant to NRS 33.018 to reimburse the agency for the costs of any services provided, to the extent of the convicted person’s ability to pay.

      9.  If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the prosecuting attorney knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. Except as otherwise provided in this subsection, a court shall not grant probation to or suspend the sentence of such a person. A court may grant probation to or suspend the sentence of such a person:

      (a) As set forth in NRS 4.373 and 5.055; or

      (b) To assign the person to a program for the treatment of veterans and members of the military pursuant to NRS 176A.290 if the charge is for a first offense punishable as a misdemeanor.

      10.  In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:

      (a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360; and

      (b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.

      11.  A person who violates any provision included in a judgment of conviction or admonishment of rights issued pursuant to this section concerning the surrender, sale, transfer, ownership, possession, custody or control of a firearm is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000. The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2860 (CHAPTER 479, SB 218)ê

 

provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      12.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (c) “Offense” includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.

________

CHAPTER 480, AB 84

Assembly Bill No. 84–Committee on Ways and Means

 

CHAPTER 480

 

[Approved: June 7, 2019]

 

AN ACT relating to state resources; providing for the issuance of state general obligation bonds to protect, preserve and obtain the benefits of the property and natural and cultural resources of the State of Nevada; providing for the use of the proceeds of the bonds; repealing the prospective extension of the period for the issuance of certain bonds; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      At the general election held on November 5, 2002, the Legislature submitted to the voters of this State and the voters approved a proposal to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State in an amount not to exceed $200,000,000. The ballot question allocated specific amounts of the bond proceeds to various governmental entities for specified programs and projects. (Chapter 6, Statutes of Nevada 2001, 17th Special Session, p. 104) This bill requires the State Board of Finance to issue an additional $217,500,000 in state general obligation bonds to continue to protect, preserve and obtain the benefits of the property and natural and cultural resources of this State. This bill also allocates specific amounts of the bond proceeds to various governmental entities for specified programs and projects, some of which are the same programs and projects specified in the 2002 ballot question.

      The Nevada Constitution limits the amount of debt of the State of Nevada to 2 percent of the assessed valuation of the State, but exempts from that limitation debt incurred for the protection and preservation of the State’s property or natural resources or for the purposes of obtaining the benefits thereof. (Nev. Const. Art. 9, § 3) This bill makes a legislative declaration that, with certain exceptions, the issuance of the bonds required by this bill is necessary for the protection and preservation of the property and natural resources of the State and constitutes an exercise of the constitutional authority to enter into contracts for those purposes.

      Existing law includes a limitation on the issuance or sale of bonds more than 6 years after an election that is required to authorize their issuance. (NRS 349.078) In 2007, 2013 and 2017, the Legislature made exceptions to this 6-year limitation for the bonds issued pursuant to the 2002 ballot question by extending the period for the issuance of those bonds until December 31, 2011, June 30, 2019, and June 30, 2024, respectively.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2861 (CHAPTER 480, AB 84)ê

 

issuance of those bonds until December 31, 2011, June 30, 2019, and June 30, 2024, respectively. (Chapter 291, Statutes of Nevada 2007, p. 1089, chapter 251, Statutes of Nevada 2013, p. 1055, chapter 33, Statutes of Nevada 2017, p. 139) Section 9 of this bill repeals the June 30, 2024, extension, thereby expiring the period for issuance of bonds pursuant to the 2002 ballot question on June 30, 2019.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in a total face amount of not more than $217,500,000 to protect, preserve and obtain the benefits of the property and natural and cultural resources of the State of Nevada.

      2.  The bonds required to be issued pursuant to subsection 1 may be issued at one time or from time to time.

      3.  The Legislature shall levy such tax as may be necessary to pay the principal and interest on the bonds. The proceeds of such tax together with any amounts appropriated to pay the principal of and interest on the bonds when due must be deposited in the Consolidated Bond Interest and Redemption Fund created by NRS 349.090.

      Sec. 2.  Except as otherwise provided in subsection 9 of section 3 of this act, of the total bonds issued pursuant to section 1 of this act:

      1.  An amount of $30,000,000 must be allocated to the Division of State Parks of the State Department of Conservation and Natural Resources to protect and preserve the property or natural resources of this State or to obtain the benefits thereof for the following purposes:

      (a) For the acquisition of real or personal property or interests in real or personal property for purposes related to parks and recreation; or

      (b) For the planning, design and construction of capital improvements and renovations of facilities in state parks.

      2.  An amount of $30,000,000 must be allocated to the Department of Wildlife for the following purposes:

      (a) For the acquisition of real or personal property or interests in real or personal property to enhance, protect and manage wildlife habitat or enhance recreational opportunities related to wildlife, or both; or

      (b) For the development and renovation of facilities or the improvement or restoration of wildlife and fish habitats.

      3.  An amount of $30,000,000 must be allocated to the Las Vegas Springs Preserve in Clark County for the following purposes:

      (a) Providing wildlife habitat;

      (b) Constructing buildings and other facilities for the Preserve; or

      (c) Providing other infrastructure for the Preserve.

      4.  An amount of $10,000,000 must be allocated to Clark County for the Clark County Wetlands Park and the Lower Las Vegas Wash. The money allocated pursuant to this subsection must be used to:

      (a) Divert water, control erosion and make improvements to restore the existing wetlands, and to create new wetlands;

      (b) Acquire and develop land and water rights;

      (c) Provide recreational facilities;

      (d) Provide additional parking for and access to the Park; and

      (e) Construct weirs in the Lower Las Vegas Wash.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2862 (CHAPTER 480, AB 84)ê

 

Ê Programs and projects paid for by the allocation made pursuant to this subsection must be for the protection and preservation of the property and natural resources of this State, or for the purposes of obtaining the benefits thereof.

      5.  An amount of $30,000,000 must be allocated to the Division of Museums and History of the Department of Tourism and Cultural Affairs to carry out the purposes set forth in this subsection. The money allocated pursuant to this subsection must be used for:

      (a) The expansion of the Nevada State Railroad Museum in Boulder City;

      (b) The rehabilitation and improvement of the East Ely Depot Museum; and

      (c) The establishment or improvement of any museum in the state system of museums within the Division, including, without limitation, for:

             (1) The planning, design or construction of such a museum;

             (2) The improvement of such a museum;

             (3) Moving exhibits within the state system of museums; or

             (4) Creating new or improving existing exhibits.

      6.  An amount of $5,000,000 must be allocated to the State Land Registrar of the Division of State Lands of the State Department of Conservation and Natural Resources to purchase or enter into a public-private partnership, or both, for the preservation, rehabilitation, restoration, reconstruction or adaptive reuse of properties in this State listed on the National Register of Historic Places maintained pursuant to 54 U.S.C. § 302101, including, without limitation, at least $2,000,000 for the Caliente Railroad Depot in Caliente, Nevada.

      7.  An amount of $10,000,000 must be allocated to Clark County to disburse to a nonprofit organization to plan, design, construct or develop the Las Vegas Valley Rim Trail.

      8.  An amount of $10,000,000 must be allocated to the State Department of Conservation and Natural Resources for grants to state agencies, local governments, water conservancy districts, conservation districts and nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection to enhance and restore the Truckee River corridor and watershed and the Carson River corridor and watershed. The Director of the State Department of Conservation and Natural Resources shall adopt such regulations as the Director determines are necessary to make the grants described in this subsection. The regulations adopted by the Director must state whether and to what degree applicants for grants must match any money awarded.

      9.  An amount of $5,000,000 must be allocated to the State Department of Conservation and Natural Resources for grants to Douglas County, Washoe County or Carson City and municipalities located within those counties that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection to enhance and develop the Lake Tahoe Path System. Money awarded pursuant to this subsection must be used to acquire land for the path system or develop the path system. The Director of the State Department of Conservation and Natural Resources shall adopt such regulations as the Director determines are necessary to make the grants described in this subsection. The regulations adopted by the Director must state whether and to what degree applicants for grants must match any money awarded.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2863 (CHAPTER 480, AB 84)ê

 

      10.  An amount of $57,500,000 must be allocated to the State Department of Conservation and Natural Resources to carry out the purposes set forth in this subsection. The money allocated pursuant to this subsection must be used for the following purposes:

      (a) To make the following grants:

             (1) Grants to state agencies, local governments or nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as appropriate, for the design and construction of recreational facilities, campsites and trails, including, without limitation, hiking, equestrian and bicycle trails. Programs and projects paid for by grants made pursuant to this subparagraph must be for the protection and preservation of the property and natural resources of this State, or for the purposes of obtaining the benefits thereof. Grants made pursuant to this subparagraph must be coordinated with the Division of State Parks of the State Department of Conservation and Natural Resources.

             (2) Grants to counties and municipalities for the acquisition of land and water rights or interests in land and water rights to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, wetlands and other environmental resources pursuant to an adopted plan for open spaces. Grants made pursuant to this subparagraph must be coordinated with the Division of State Lands of the State Department of Conservation and Natural Resources.

             (3) Grants to state agencies, counties, municipalities, conservation districts or nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as appropriate, for the acquisition of credits through a system that awards credits to persons, federal and state agencies, counties, municipalities, conservation districts and nonprofit organizations who take measures to protect, enhance or restore sagebrush ecosystems established by the Sagebrush Ecosystem Council created by NRS 232.162. Credits may only be acquired pursuant to this subparagraph for the purpose of the retirement of the credits.

             (4) Grants to state agencies, local governments, conservation districts and nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as appropriate, for the purposes of carrying out projects to create resilient landscapes by reducing the threat of catastrophic wildfire, improving the condition and ecological health of watersheds or rehabilitating lands damaged by wildland fires. Grants made pursuant to this subparagraph must be coordinated with the Division of Forestry of the State Department of Conservation and Natural Resources and the Department of Wildlife.

             (5) Grants to state agencies, local governments, conservation districts and nonprofit organizations that qualify for grants pursuant to the regulations adopted by the Director of the State Department of Conservation and Natural Resources pursuant to this subsection, as appropriate, for the inventory, enhancement and restoration of wetlands. Grants made pursuant to this subparagraph must be coordinated with the Nevada Natural Heritage Program within the State Department of Conservation and Natural Resources and the Department of Wildlife.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2864 (CHAPTER 480, AB 84)ê

 

      (b) To carry out contracts or agreements under which nonprofit conservation organizations may acquire land and water or interests in land and water for the public benefit, to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, floodplains and wetlands and other environmental resources. The investment of this State in any property acquired pursuant to this paragraph must be secured by an interest in the property.

Ê The Director of the State Department of Conservation and Natural Resources shall adopt such regulations as the Director determines are necessary to carry out the programs and projects and make the grants described in this subsection. The regulations adopted by the Director must state whether and to what degree applicants for grants must match any money awarded.

      Sec. 3.  1.  The proceeds of the bonds issued pursuant to section 1 of this act must be accounted for separately in the State General Fund.

      2.  The Director of the State Department of Conservation and Natural Resources shall administer the account created pursuant to subsection 1 and prescribe the method pursuant to which the governmental entities which administer the programs and projects described in section 2 of this act may request money from the account in accordance with the allocations made pursuant to that section.

      3.  Any interest or income earned on the money in the account must be credited to the account. Any money remaining in the account at the end of the fiscal year does not revert to the State General Fund but remains in the account for authorized expenditure.

      4.  All claims against the account must be paid as other claims against the State are paid.

      5.  The State Department of Conservation and Natural Resources may use the proceeds from the bonds issued pursuant to section 1 of this act and the interest income thereon to defray the costs of administering the provisions of this act and may request an appropriation to defray the costs of administering this act if the money in the account is not sufficient. The money in the account must be used only for the purposes set forth in this act and must not be used to replace or supplant funding available from other sources.

      6.  Any interests in land or water acquired by the State pursuant to this act:

      (a) Must be acquired and held by the Division of State Lands of the State Department of Conservation and Natural Resources pursuant to chapter 321 of NRS.

      (b) Must not be acquired by condemnation or the power of eminent domain.

ÊThe acquisition of any water rights pursuant to this act must not have a negative impact on the distribution of water to other persons who hold valid water rights.

      7.  Any property acquired pursuant to the provisions of this act may include easements and other interests in land. Before acquiring any interest in land pursuant to this act, recipients of money pursuant to this act must consider such alternatives to the acquisition of fee simple title as may be available, including, without limitation, the acquisition of easements and remainders after life estates.

      8.  If any interests in land or water acquired by the State pursuant to this act, or portions thereof, are later determined not to be necessary to carry out the purposes of the act, those interests may be sold or leased by the Division of State Lands pursuant to chapter 321 of NRS and the proceeds deposited in the account created pursuant to subsection 1.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2865 (CHAPTER 480, AB 84)ê

 

of State Lands pursuant to chapter 321 of NRS and the proceeds deposited in the account created pursuant to subsection 1. The proceeds received from such transactions must be expended to carry out the purposes of this act.

      9.  Money may be reallocated among the purposes set forth in each subsection of section 2 of this act with the advance approval of the Interim Finance Committee.

      10.  The Interim Finance Committee must approve the issuance of any bonds issued pursuant to this act if the proceeds of which will be used for the purposes set forth in paragraph (a) of subsection 10 of section 2 of this act.

      11.  Except as otherwise provided in subsection 12, all money derived from bonds issued pursuant to this act and any interest earned thereon may be used only to pay, reimburse, finance or otherwise provide money for items which are capital expenditures as defined in the regulations adopted pursuant to section 150 of the Internal Revenue Code of 1986, as amended, 26 U.S.C. § 150. The State Treasurer may require certifications by recipients of bond proceeds as to compliance with the requirements of this subsection before the disbursement of bond proceeds.

      12.  The provisions of subsection 11 do not apply to an amount that does not exceed 2 percent of the proceeds of each issue of bonds issued pursuant to this act that is used as provided in subsection 5.

      13.  On or before February 1 of each year, the State Department of Conservation and Natural Resources shall prepare and submit to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding all programs and projects that received money from the account created pursuant to subsection 1 during the immediately preceding calendar year.

      Sec. 4.  The Legislature finds and declares that the issuance of bonds pursuant to this act, except the use of the proceeds of those bonds pursuant to subsections 3, 5 and 6 of section 2 of this act and subparagraph (3) of paragraph (a) of subsection 10 of section 2 of this act and paragraph (b) of subsection 10 of section 2 of this act:

      1.  Is necessary for the protection and preservation of the property and natural resources of this State and for the purpose of obtaining the benefits thereof; and

      2.  Constitutes an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the Constitution of the State of Nevada.

      Sec. 5.  To the extent not inconsistent with the provisions of this act, the provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the bonds issued pursuant to this act.

      Sec. 6.  Notwithstanding the provisions of NRS 361.453 to the contrary, any levy imposed by the Legislature for the repayment of bonded indebtedness issued pursuant to the provisions of this act must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      Sec. 7.  If any provision of this act, or application thereof to any person, thing or circumstance, is held invalid, the invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 8.  1.  There is hereby appropriated from the State General Fund to the State Department of Conservation and Natural Resources, Administration, the sum of $122,104 for Fiscal Year 2020-2021 for personnel and operating costs for the administration of the program created by this act.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2866 (CHAPTER 480, AB 84)ê

 

the sum of $122,104 for Fiscal Year 2020-2021 for personnel and operating costs for the administration of the program created by this act.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 8.5.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 9. Section 1 of chapter 33 of Statutes of Nevada 2017, at page 139, is hereby repealed.

      Sec. 10.  1.  This section and section 9 of this act become effective upon passage and approval.

      2.  Sections 1 to 8.5, inclusive, of this act become effective on July 1, 2019.

________

CHAPTER 481, AB 495

Assembly Bill No. 495–Committee on Ways and Means

 

CHAPTER 481

 

[Approved: June 7, 2019]

 

AN ACT making appropriations to the Nevada Alliance of Boys and Girls Clubs, Inc. to be used for programs provided by the Alliance throughout the State and to Nevada Partners to be used for the construction and operation of a community learning center; 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.  1.  There is hereby appropriated from the State General Fund to the Nevada Alliance of Boys and Girls Clubs, Inc. the sum of $2,000,000 to be used for programs provided by the Alliance throughout the State.

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Alliance of Boys and Girls Clubs, Inc. agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2020, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Alliance of Boys and Girls Clubs, Inc. through December 1, 2020;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2867 (CHAPTER 481, AB 495)ê

 

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Alliance of Boys and Girls Clubs, Inc. through June 30, 2021; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Alliance of Boys and Girls Clubs, Inc., regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 1.5.  1.  There is hereby appropriated from the State General Fund to Nevada Partners the sum of $1,800,000 to be used for the construction and operation of a community learning center.

      2.  Of the sum appropriated by subsection 1, Nevada Partners shall use not more than $1,175,000 for the design, implementation and operation of a community learning center.

      3.  Of the sum appropriated by subsection 1, Nevada Partners shall use not more than $625,000 for the completion of construction of a community learning center.

      4.  To the greatest extent practicable, Nevada Partners shall use the money appropriated by subsection 1 to provide programs and services relating to education, workforce development, financial literacy, housing and parent engagement to low-income and moderate-income children, families and other persons. When providing programs and services pursuant to this subsection, Nevada Partners shall, to the greatest extent practicable, prioritize programs and services to persons who reside in or near the Southern Nevada Enterprise Community, as designated in section 5 of chapter 407, Statutes of Nevada 2007.

      5.  Upon acceptance of the money appropriated by subsection 1, Nevada Partners agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2020, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Nevada Partners through December 1, 2020;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Nevada Partners through June 30, 2021;

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of Nevada Partners, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2868 (CHAPTER 481, AB 495)ê

 

regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1; and

      (d) Prepare and transmit a report to the Interim Finance Committee and the Director of the Legislative Counsel Bureau for transmission to the 81st Session of the Nevada Legislature on or before February 1, 2021, that describes performance benchmarks and best practices for the community learning center constructed and operated using the money appropriated pursuant to subsection 1.

      6.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 482, SB 193

Senate Bill No. 193–Senators Woodhouse, Dondero Loop, Ratti, Spearman, Parks; Brooks, Cancela, Cannizzaro, Denis, Hammond, Hardy, D. Harris, Ohrenschall, Pickard and Scheible

 

Joint Sponsors: Assemblymen Spiegel, Carlton, Frierson, Krasner, Backus; Miller and Wheeler

 

CHAPTER 482

 

[Approved: June 7, 2019]

 

AN ACT making an appropriation for educational programs relating to history, law and civics; 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.  1.  There is hereby appropriated from the State General Fund to the Nevada Center for Civic Engagement to support the We the People: The Citizen & The Constitution Programs in Nevada’s elementary, middle and high schools the following sums:

For the Fiscal Year 2019-2020.......................................................... $175,000

For the Fiscal Year 2020-2021.......................................................... $175,000

      2.  Upon acceptance of the money appropriated by subsection 1, the Nevada Center for Civic Engagement agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2020, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Center for Civic Engagement through December 1, 2020;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2869 (CHAPTER 482, SB 193)ê

 

money appropriated by subsection 1 from the date on which the money was received by the Nevada Center for Civic Engagement through December 1, 2020;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2021, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by the Nevada Center for Civic Engagement through June 30, 2021; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the Nevada Center for Civic Engagement, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to subsection 1.

      Sec. 2.  The sums appropriated by section 1 of this act are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

CHAPTER 483, AB 43

Assembly Bill No. 43–Committee on Judiciary

 

CHAPTER 483

 

[Approved: June 7, 2019]

 

AN ACT relating to courts; increasing the number of district judges in the Second, Fourth and Eighth Judicial Districts; making appropriations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Constitution authorizes the Legislature to increase or decrease the number of district judges. (Nev. Const. Art. 6, § 5) Section 1 of this bill increases the number of district judges from six to seven who are judges of the family court in the Second Judicial District. (NRS 3.0125) Section 2 of this bill increases the number of district judges from two to three in the Fourth Judicial District. (NRS 3.014) Section 4 of this bill increases the number of district judges from 20 to 26 who are judges of the family court in the Eighth Judicial District. (NRS 3.0185) Section 5 of this bill sets out the time frame for the election of the additional district judges who will take office on January 4, 2021. Section 5.5 of this bill makes appropriations for the salaries, travel expenses and retirement benefits of the additional district judges.

 

 

 

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2870 (CHAPTER 483, AB 43)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 3.0125 is hereby amended to read as follows:

      3.0125  For the Second Judicial District, in addition to the district judges established pursuant to NRS 3.012, there must be [six] seven district judges who are judges of the family court.

      Sec. 2. NRS 3.014 is hereby amended to read as follows:

      3.014  For the Fourth Judicial District there must be [two] three district judges.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 3.0185 is hereby amended to read as follows:

      3.0185  For the Eighth Judicial District, in addition to the district judges established pursuant to NRS 3.018, there must be [20] 26 district judges who are judges of the family court.

      Sec. 5.  Each additional district judge required pursuant to the amendatory provisions of sections 1 to 4, inclusive, of this act must be selected at the General Election to be held on November 3, 2020, and take office on January 4, 2021, for a term that expires on January 4, 2027.

      Sec. 5.5.  1.  There is hereby appropriated from the State General Fund to the Supreme Court of Nevada the sum of $1,032,759 for the salaries and travel expenses of the additional district judges required by the amendatory provisions of sections 1 to 4, inclusive, of this act.

      2.  There is hereby appropriated from the State General Fund to the Supreme Court of Nevada the sum of $72,147 for the retirement benefits of the additional district judges required by the amendatory provisions of sections 1 to 4, inclusive, of this act.

      3.  Any remaining balance of the appropriations made by subsections 1 and 2 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 6.  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. 7.  1.  This section and section 5.5 of this act become effective on July 1, 2019.

      2.  Sections 5 and 6 of this act become effective October 1, 2019.

      3.  Sections 1 to 4, inclusive, of this act become effective on January 4, 2021.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2871ê

 

CHAPTER 484, AB 80

Assembly Bill No. 80–Committee on Judiciary

 

CHAPTER 484

 

[Approved: June 7, 2019]

 

AN ACT relating to criminal justice; creating the Department of Sentencing Policy; providing for the appointment of the Executive Director and the selection of the staff of the Department; establishing the duties of the Executive Director and staff of the Department; revising the membership of the Nevada Sentencing Commission; transferring the responsibility for staffing the Nevada Sentencing Commission to the Department; revising the duties of the Nevada Sentencing Commission to reflect the newly created Department; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Nevada Sentencing Commission consisting of 25 voting members appointed by the Governor, the Legislature and various other agencies and organizations related to criminal justice. The Nevada Sentencing Commission is charged with, among other duties, identifying and studying the sentencing of offenders convicted of a crime in this State and making recommendations concerning the adoption of sentencing guidelines. (NRS 176.0131-176.0139) Section 5 of this bill creates the Department of Sentencing Policy and provides for the appointment of an Executive Director of the Department. Section 6 of this bill prescribes the duties of the Executive Director, which include, among other duties, overseeing the functions of the Department, serving as the Executive Secretary of the Nevada Sentencing Commission, developing the budget for the Department and assisting the Nevada Sentencing Commission with preparing the biennial report of the Nevada Sentencing Commission. Section 9 of this bill: (1) revises the membership of the Nevada Sentencing Commission to remove the Attorney General and the State Public Defender; (2) revises the membership of the Nevada Sentencing Commission to add a member from the Office of the Clark County Public Defender and the Office of the Washoe County Public Defender; and (3) requires the Nevada Sentencing Commission to hold its first meeting on or before September 1 of each odd-numbered year.

      Existing law requires the Nevada Sentencing Commission to be provided with such staff as is necessary, to the extent of legislative appropriation, by the Director of the Legislative Counsel Bureau. (NRS 176.0133) Section 9 designates the Executive Director as the Executive Secretary of the Nevada Sentencing Commission and transfers the staffing of the Nevada Sentencing Commission to the newly established Department.

      Section 10 of this bill revises the duties of the Nevada Sentencing Commission to include providing certain recommendations and advice concerning the Department.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2. As used in NRS 176.0132 to 176.0139, inclusive, and sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 176.0132 and sections 2.5, 3 and 4 of this act have the meanings ascribed to them in those sections.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2872 (CHAPTER 484, AB 80)ê

 

      Sec. 2.5. “Department” means the Department of Sentencing Policy created by section 5 of this act.

      Sec. 3. “Executive Director” means the Executive Director of the Department.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5. 1.  The Department of Sentencing Policy is hereby created.

      2.  The Executive Director of the Department must be appointed by the Governor from a list of three persons recommended by the Sentencing Commission.

      3.  The Executive Director:

      (a) Is in the unclassified service of this State;

      (b) Serves at the pleasure of the Sentencing Commission, except that the Executive Director may only be removed upon a finding by the Sentencing Commission that his or her performance is unsatisfactory;

      (c) Must be an attorney licensed to practice law in this State; and

      (d) Shall devote his or her entire time and attention to the duties of his or her office and shall not engage in any other gainful employment or occupation.

      4.  The Executive Director may, within the limits of money available for this purpose, employ or enter into a contract for the services of such employees or consultants as is necessary to carry out the provisions of NRS 176.0132 to 176.0139, inclusive, and sections 2 to 7, inclusive, of this act.

      Sec. 6. The Executive Director appointed pursuant to section 5 of this act shall:

      1.  Oversee all of the functions of the Department.

      2.  Serve as Executive Secretary of the Sentencing Commission without additional compensation.

      3.  Report to the Sentencing Commission on sentencing and related issues regarding the functions of the Department and provide such information to the Sentencing Commission as requested.

      4.  Assist the Sentencing Commission in determining necessary and appropriate recommendations to assist in carrying out the responsibilities of the Department.

      5.  Establish the budget for the Department.

      6.  Facilitate the collection and aggregation of data from the courts, Department of Corrections, Division of Parole and Probation of the Department of Public Safety and any other agency of criminal justice.

      7.  Identify variables or sets of data concerning criminal justice that are not currently collected or shared across agencies of criminal justice within this State.

      8.  Assist in preparing and submitting the comprehensive report required to be prepared by the Sentencing Commission pursuant to subsection 11 of NRS 176.0134.

      9.  Take any other actions necessary to carry out the powers and duties of the Sentencing Commission pursuant to NRS 176.0132 to 176.0139, inclusive, and sections 2 to 7, inclusive, of this act.

      Sec. 7.  (Deleted by amendment.)

      Sec. 8. NRS 176.0132 is hereby amended to read as follows:

      176.0132  [As used in NRS 176.0132 to 176.0139, inclusive,] “Sentencing Commission” means the Nevada Sentencing Commission created by NRS 176.0133.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2873 (CHAPTER 484, AB 80)ê

 

      Sec. 9. NRS 176.0133 is hereby amended to read as follows:

      176.0133  1.  The Nevada Sentencing Commission is hereby created [.] within the Department. The Sentencing Commission consists of:

      (a) One member appointed by the Governor;

      (b) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;

      (c) Two members who are judges appointed by the Chief Justice of the Supreme Court of Nevada;

      (d) One member who is a representative of the Administrative Office of the Courts appointed by the Chief Justice of the Supreme Court of Nevada;

      (e) The Director of the Department of Corrections;

      (f) [The Attorney General;

      (g)] One member who is a representative of the Office of the Attorney General, appointed by the Attorney General;

      [(h)](g) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;

      [(i) The State Public Defender;]

      (h) One member who is a representative of the Office of the Clark County Public Defender, appointed by the head of the Office of the Clark County Public Defender;

      [(j)](i) One member who is a representative of the [office] Office of [a county public defender,] the Washoe County Public Defender, appointed by the [governing body of the State Bar] head of [Nevada;] the Office of the Washoe County Public Defender;

      [(k)](j) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;

      [(l)](k) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;

      [(m)](l) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;

      [(n)](m) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;

      [(o)](n) One member who is a representative of the Nevada Sheriffs’ and Chiefs’ Association, appointed by the Nevada Sheriffs’ and Chiefs’ Association;

      [(p)](o) One member who is a representative of the Las Vegas Metropolitan Police Department, appointed by the Sheriff of Clark County;

      [(q)](p) One member who is a representative of the Division of Public and Behavioral Health of the Department of Health and Human Services;

      [(r)](q) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;

      [(s)](r) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate;

      [(t)](s) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly;

      [(u)](t) The Director of the Department of Employment, Training and Rehabilitation; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2874 (CHAPTER 484, AB 80)ê

 

      [(v)](u) One member who is a representative of an organization that works with offenders upon release from incarceration to assist in reentry into the community appointed by the Chair of the Legislative Commission.

      2.  The Executive Director shall serve as the Executive Secretary of the Sentencing Commission.

      3.  If any organization listed in subsection 1 ceases to exist, the appointment required pursuant to that subsection must be made by the association’s successor in interest, or, if there is no successor in interest, by the Governor.

      [3.]4.  Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Sentencing Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      [4.]5.  The Legislators who are members of the Sentencing Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Sentencing Commission.

      [5.]6.  At the first regular meeting of each odd-numbered year, the members of the Sentencing Commission shall elect a Chair by majority vote who shall serve until the next Chair is elected.

      [6.]7.  The Sentencing Commission shall [meet] :

      (a) Hold its first meeting on or before September 1 of each odd-numbered year; and

      (b) Meet at least once every 3 months and may meet at such further times as deemed necessary by the Chair.

      [7.]8.  A member of the Sentencing Commission may designate a nonvoting alternate to attend a meeting in his or her place.

      [8.]9.  A majority of the members of the Sentencing Commission constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Sentencing Commission. A nonvoting alternate designated by a member pursuant to subsection [7] 8 who attends a meeting of the Sentencing Commission for which the alternate is designated shall be deemed to be a member of the Sentencing Commission for the purpose of determining whether a quorum exists.

      [9.]10.  While engaged in the business of the Sentencing Commission, to the extent of legislative appropriation, each member of the Sentencing Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      [10.  To the extent of legislative appropriation, the Director of the Legislative Counsel Bureau shall provide the Sentencing Commission with such staff as is necessary to carry out the duties of the Sentencing Commission.]

      Sec. 10. NRS 176.0134 is hereby amended to read as follows:

      176.0134  The Sentencing Commission shall:

      1.  Advise the Legislature on proposed legislation and make recommendations with respect to all matters relating to the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.

      2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, without limitation, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2875 (CHAPTER 484, AB 80)ê

 

states, including, without limitation, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

      3.  Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, without limitation, the following:

      (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

      (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

      (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

      (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

      (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

      (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

      (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

      4.  Facilitate the development and maintenance of a statewide sentencing database in collaboration with state and local agencies, using existing databases or resources where appropriate.

      5.  Provide training regarding sentencing and related issues, policies and practices, and act as a sentencing policy resource for this State.

      6.  Evaluate the impact of pretrial, sentencing diversion, incarceration and postrelease supervision programs.

      7.  Identify potential areas of sentencing disparity related to race, gender and economic status.

      8.  Propose and recommend statutory sentencing guidelines, based on reasonable offense and offender characteristics which aim to preserve judicial discretion and provide for individualized sentencing, for the use of the district courts. If such guidelines are enacted by the Legislature, the Sentencing Commission shall review and propose any recommended changes.

      9.  Evaluate whether sentencing guidelines recommended pursuant to subsection 8 should be mandatory and if judicial findings should be required for any departures from the sentencing guidelines.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2876 (CHAPTER 484, AB 80)ê

 

      10.  Provide recommendations and advice to the Executive Director concerning the administration of the Department, including, without limitation:

      (a) Receiving reports from the Executive Director and providing advice to the Executive Director concerning measures to be taken by the Department to ensure compliance with the duties of the Sentencing Commission.

      (b) Reviewing information from the Department regarding sentencing of offenders in this State.

      (c) Requesting any audit, investigation or review the Sentencing Commission deems necessary to carry out the duties of the Sentencing Commission.

      (d) Coordinating with the Executive Director regarding the procedures for the identification and collection of data concerning the sentencing of offenders in this State.

      (e) Advising the Executive Director concerning any required reports and reviewing drafts of such reports.

      (f) Making recommendations to the Executive Director concerning the budget for the Department, improvements to the criminal justice system and legislation related to the duties of the Sentencing Commission.

      (g) Providing advice and recommendations to the Executive Director on any other matter.

      11.  For each regular session of the Legislature, with the assistance of the Department, prepare a comprehensive report including:

      (a) The Sentencing Commission’s recommended changes pertaining to sentencing; and

      (b) The Sentencing Commission’s findings and any recommendations for proposed legislation . [; and

      (c) A reference to any legislative measure requested pursuant to NRS 218D.216.

Ê The]

      12.  Submit the report [must be submitted] prepared pursuant to subsection 11 to [the] :

      (a) The Office of the Governor; and

      (b) The Director of the Legislative Counsel Bureau for distribution to the Legislature not later than January 1 of each odd-numbered year.

      Sec. 11. (Deleted by amendment.)

      Sec. 11.5. NRS 218D.216 is hereby repealed.

      Sec. 12.  1.  This section and section 9 of this act become effective upon passage and approval.

      2.  Sections 1 to 8, inclusive, 10, 11 and 11.5 of this act become effective:

      (a) Upon passage and approval for the purpose of recruiting and selecting the Executive Director and employees of the Department of Sentencing Policy created by section 5 of this act and performing any other preliminary administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On October 1, 2019, for all other purposes.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2877ê

 

CHAPTER 485, AB 81

Assembly Bill No. 81–Committee on Judiciary

 

CHAPTER 485

 

[Approved: June 7, 2019]

 

AN ACT relating to criminal defense; creating the Department of Indigent Defense Services to oversee criminal defense services provided to indigent persons in this State; creating the Board on Indigent Defense Services consisting of various appointed persons to provide certain direction and advice to the Executive Director of the Department and to establish certain policies; requiring the Board to establish the maximum amount a county may be required to pay for the provision of indigent defense services; authorizing the Board to adopt regulations governing indigent defense services; providing for the transfer of responsibility for the provision of indigent defense services from certain counties to the State Public Defender in certain circumstances; allowing such services to be transferred back to the county in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Senate Bill No. 377 of the 2017 Legislative Session created the Nevada Right to Counsel Commission consisting of 13 voting members appointed by the Governor, the Legislature and the Nevada Supreme Court. The Chief Justice of the Supreme Court or his or her designee was to serve as an ex officio nonvoting member of the Commission. The Commission was charged with conducting a study during the 2017-2019 interim concerning issues relating to the provision of legal representation of indigent persons in criminal cases in this State. (Chapter 460, Statutes of Nevada 2017, p. 2940) The Commission is set to expire on July 1, 2019. In its place, section 6 of this bill creates the Board on Indigent Defense Services and designates the manner in which members must be appointed. Members of the Board serve without compensation, except for per diem allowance and travel expenses. Section 7 of this bill provides for the organization of the Board, whose voting members will serve for terms of 3 years and may be reappointed. Voting members may be removed by the Governor for incompetence, neglect of duty and certain acts. Section 8 of this bill sets forth the duties of the Board, which include providing certain direction and advice to the Executive Director of the Department of Indigent Defense Services, which is created in section 9 of this bill. The Executive Director of the Department serves at the pleasure of the Governor but may only be removed for cause. The Board is required to review information concerning indigent defense services in the State and establish: (1) minimum standards for the delivery of indigent defense services; and (2) procedures for receiving and resolving complaints concerning the provision of indigent defense services. The Board is further required to establish standards for providing indigent defense services, which include continuing education requirements for attorneys who provide indigent defense services, uniform tracking of information by such attorneys and guidelines for maximum caseloads of such attorneys. Section 8 further requires the Board to work with the Dean of the William S. Boyd School of Law of the University of Nevada, Las Vegas, to determine incentives to recommend offering law students and attorneys to encourage them to provide indigent defense services, especially in rural areas of the State.

      Section 10 of this bill establishes the duties of the Executive Director of the Department of Indigent Defense Services, which include overseeing the functions of the Department, serving as Secretary of the Board, reporting to the Board regarding the work of the Department, developing the budget for the Department and preparing an annual report for submission to the Nevada Supreme Court, the Legislature and the Governor.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2878 (CHAPTER 485, AB 81)ê

 

work of the Department, developing the budget for the Department and preparing an annual report for submission to the Nevada Supreme Court, the Legislature and the Governor.

      Section 11 of this bill requires the Executive Director to select two deputy directors. Section 12 of this bill makes one deputy director responsible for overseeing the provision of indigent defense services in certain smaller counties. This includes having oversight of the State Public Defender, who is moved from the Department of Health and Human Services to the Department of Indigent Defense Services in sections 17-19, 21 and 24-26 of this bill. In addition, section 12 charges this deputy director with determining whether attorneys are eligible to provide indigent defense services in accordance with the requirements established by the Board. This deputy director will also develop and provide continuing legal education programs for attorneys who provide indigent defense services and identify and encourage best practices for delivering effective indigent defense services.

      Section 13 of this bill makes the second deputy director responsible for reviewing the manner in which indigent defense services are provided throughout the State. This deputy director will collect information from attorneys about caseloads, salaries and other information and will conduct on-site visits to determine whether indigent defense services are being provided in the most efficient and constitutional manner. If the deputy director determines that a county is not providing such services in a manner which satisfies minimum standards that are established by the Board, section 13 requires the deputy director to establish a corrective action plan with the board of county commissioners for the county. Section 14 of this bill requires such a plan to be established in collaboration between the board of county commissioners and the deputy director and then must be submitted to and approved by the Board. If the board of county commissioners will have to spend more money than was budgeted in the previous year plus inflation to comply with the plan, section 14 requires the Executive Director to include the additional amount in the budget for the Department to help support the county in providing indigent defense services. If additional money is needed before the next budget cycle, the Executive Director is required to submit a request to the Interim Finance Committee for money from the Contingency Account. If the budget is not approved with the additional amount for the county, a county that is not required to have an office of public defender, which currently means a county other than Clark and Washoe Counties, has the option to continue providing indigent defense services or transfer responsibility for providing such services to the State Public Defender. In addition, if the county fails to meet the minimum standards for the provision of indigent defense services within the time set in the corrective action plan, section 14 requires the deputy director to inform the Executive Director, who may then recommend establishing another corrective action plan. For a county that is not required to have an office of public defender (currently all counties other than Clark and Washoe Counties), the Executive Director may instead recommend requiring the county to transfer responsibility for provision of indigent defense services to the State Public Defender. Any recommendation of the Executive Director is required to be submitted to and approved by the Board. Once approved, the county is required to comply with the decision of the Board. In addition, section 8 requires the Board to establish a formula for determining the maximum amount that a county may be required to pay for the provision of indigent defense services. This cap also applies when determining the county responsibility in sections 14 and 23 of this bill.

      Sections 20 and 28 of this bill remove obsolete language which requires the State Public Defender and the county public defender to provide indigent defense services within the limits of available money to conform with the provisions of this bill that require appropriate representation be provided to indigent defendants in every case. Existing law provides for a State Public Defender and requires certain large counties to establish an office of public defender. (NRS 180.010, 260.010) Smaller counties are authorized, but not required, to establish an office of public defender. (NRS 260.010) Sections 22 and 27 of this bill revise these provisions to address their applicability when a county is required to transfer responsibility for the provision of indigent defense services to the State Public Defender. (NRS 180.090, 260.010) Section 27 further requires each board of county commissioners to cooperate with the Board on Indigent Defense Services and the Department of Indigent Defense Services.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2879 (CHAPTER 485, AB 81)ê

 

requires each board of county commissioners to cooperate with the Board on Indigent Defense Services and the Department of Indigent Defense Services.

      Existing law requires the public defender for a county to make an annual report to the board of county commissioners. (NRS 260.070) Section 29 of this bill also requires the public defender to make an annual report to the Department of Indigent Defense Services and further requires the board of county commissioners of a county that has a public defender or which contracts for indigent defense services to provide an annual report to the Department with such information as requested by the Department.

      Section 31 of this bill continues certain definitions applicable to the chapter governing the State Public Defender that were set to expire. Section 31.3 of this bill staggers the terms of the members of the Board so that approximately 30 percent of the members will be appointed each year.

 

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

 

      Whereas, Section 1 of Article 1 of the Nevada Constitution recognizes the inalienable right of persons to defend life and liberty; and

      Whereas, The State is committed to protecting the individual liberties of persons in this State; and

      Whereas, Section 2 of Article 1 of the Nevada Constitution acknowledges that the paramount allegiance of every citizen is due to the Federal Government in the exercise of all its constitutional powers as have been or may be defined by the Supreme Court of the United States; and

      Whereas, Under the Sixth and Fourteenth Amendments to the Constitution of the United States, the obligation to provide effective representation to accused indigent persons at each critical stage of criminal and delinquency proceedings rests with the states; and

      Whereas, Accordingly, it is the obligation of the Legislature to provide the general framework and resources necessary for the provision of indigent defense services in this State; and

      Whereas, Although various counties in the State have accepted a large part of the responsibility for the provision of indigent defense, the State remains ultimately responsible for ensuring that such indigent defense services are properly funded and carried out; and

      Whereas, The Legislature must ensure that adequate public funding is made available so that indigent defense services are provided by qualified and competent counsel in a manner that is fair and consistent throughout the State and at all critical stages of a criminal proceeding; and

      Whereas, The Legislature must further ensure proper oversight of the provision of defense to indigent persons in this State and respond quickly, effectively and adequately to guarantee that the constitutional mandate of effective assistance of counsel is met; now, therefore

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 171.188 is hereby amended to read as follows:

      171.188  1.  Any defendant charged with a public offense who is an indigent may, by oral statement to the district judge, justice of the peace, municipal judge or master, request the appointment of an attorney to represent the defendant. The record in each such case must indicate that the defendant was provided an opportunity to make an oral statement and whether the defendant made such a statement or declined to request the appointment of an attorney. If the defendant declined to request the appointment of an attorney, the record must also indicate that the decision to decline was made knowingly and voluntarily and with an understanding of the consequences.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2880 (CHAPTER 485, AB 81)ê

 

attorney, the record must also indicate that the decision to decline was made knowingly and voluntarily and with an understanding of the consequences.

      2.  The request must be accompanied by the defendant’s affidavit, which must state:

      (a) That the defendant is without means of employing an attorney; and

      (b) Facts with some particularity, definiteness and certainty concerning the defendant’s financial disability.

      3.  The district judge, justice of the peace, municipal judge or master shall forthwith consider the application and shall make such further inquiry as he or she considers necessary. If the district judge, justice of the peace, municipal judge or master:

      (a) Finds that the defendant is without means of employing an attorney; and

      (b) Otherwise determines that representation is required,

Ê the judge, justice or master shall designate the public defender of the county or the State Public Defender, as appropriate, to represent the defendant. If the appropriate public defender is unable to represent the defendant, or other good cause appears, another attorney must be appointed.

      4.  The county or State Public Defender must be reimbursed by the city for costs incurred in appearing in municipal court. The county shall reimburse the State Public Defender for costs incurred in appearing in Justice Court [.] , unless the county has transferred the responsibility to provide all indigent defense services for the county to the State Public Defender pursuant to section 14 of this act. If a private attorney is appointed as provided in this section, the private attorney must be reimbursed by the county for appearance in Justice Court or the city for appearance in municipal court in an amount not to exceed $75 per case.

      Sec. 1.5. NRS 178.397 is hereby amended to read as follows:

      178.397  Every defendant accused of a misdemeanor for which jail time may be imposed, a gross misdemeanor or a felony and who is financially unable to obtain counsel is entitled to have counsel assigned to represent the defendant at every stage of the proceedings from the defendant’s initial appearance before a magistrate or the court through appeal, unless the defendant waives such appointment.

      Sec. 2. Chapter 180 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 15, inclusive of this act.

      Sec. 3. “Board” means the Board on Indigent Defense Services created by section 6 of this act.

      Sec. 3.5. “Department” means the Department of Indigent Defense Services created by section 9 of this act.

      Sec. 4. “Executive Director” means the Executive Director of the Department.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6. 1.  There is hereby created a Board on Indigent Defense Services within the Department of Indigent Defense Services, consisting of:

      (a) Thirteen voting members appointed as follows:

             (1) One member who is an attorney licensed in this State and a member in good standing of the State Bar of Nevada, appointed by the Majority Leader of the Senate.

             (2) One member who has expertise in the finances of State Government, appointed by the Speaker of the Assembly.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2881 (CHAPTER 485, AB 81)ê

 

             (3) One member appointed by the Chief Justice of the Nevada Supreme Court who:

                   (I) Is a retired judge or justice who no longer serves as a judge or justice in any capacity; or

                   (II) Has expertise in juvenile justice and criminal law.

             (4) One member who is an attorney licensed in this State and a member in good standing of the State Bar of Nevada appointed by the Governor.

             (5) One member selected by the Board of Governors of the State Bar of Nevada, appointed by the Governor, who:

                   (I) Is an attorney licensed in this State and a member in good standing of the State Bar of Nevada; and

                   (II) Resides in a county whose population is less than 100,000.

             (6) Four members selected by the Nevada Association of Counties who reside in a county whose population is less than 100,000, appointed by the Governor. One member must have expertise in the finances of local government.

             (7) Two members selected by the Board of County Commissioners of Clark County, appointed by the Governor.

             (8) One member selected by the Board of County Commissioners of Washoe County, appointed by the Governor.

             (9) One member selected jointly by the associations of the State Bar of Nevada who represent members of racial or ethnic minorities, appointed by the Governor.

      (b) The Chief Justice of the Nevada Supreme Court may designate one person to serve as a nonvoting member to represent the interests of the Court.

      2.  In addition to the members appointed pursuant to subsection 1, the Governor may appoint up to two additional nonvoting members, one of whom must be upon the recommendation of the Board of Governors of the State Bar of Nevada.

      3.  Each person appointed to the Board must have:

      (a) Significant experience providing legal representation to indigent persons who are charged with public offenses or to children who are alleged to be delinquent or in need of supervision;

      (b) A demonstrated commitment to providing effective legal representation to such indigent persons; or

      (c) Expertise or experience, as determined by the appointing authority, which qualifies the person to contribute to the purpose of the Board or to carrying out any of its functions.

      4.  A person must not be appointed to the Board if he or she is currently serving or employed as:

      (a) A judge, justice or judicial officer;

      (b) A Legislator or other state officer or employee;

      (c) A prosecuting attorney or an employee thereof;

      (d) A law enforcement officer or employee of a law enforcement agency; or

      (e) An attorney who in his or her position may obtain any financial benefit from the policies adopted by the Board.

      5.  A person must not be appointed to the Board if he or she is currently employed:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2882 (CHAPTER 485, AB 81)ê

 

      (a) Within the Department of Indigent Defense Services;

      (b) By a public defender; or

      (c) By any other attorney who provides indigent defense services pursuant to a contract with a county.

      6.  Each member of the Board:

      (a) Serves without compensation; and

      (b) While engaged in the business of the Board, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      7.  Each member of the Board who is an officer or employee of a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Board and perform any work necessary to carry out the duties of the Board in the most timely manner practicable. A local government shall not require an officer or employee who is a member of the Board to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

      Sec. 7. 1.  Except as otherwise provided in this section, the voting members of the Board on Indigent Defense Services are appointed for a term of 3 years and may be reappointed.

      2.  The Chair of the Board must be selected at the first meeting from among the voting members of the Board and serves until July 1 of the next year. The Chair for the following year must be selected in the same manner before the expiration of the current term of the sitting Chair. The Chair may be selected to serve another term as Chair.

      3.  The Governor may remove a voting member of the Board for incompetence, neglect of duty, committing any act that constitutes moral turpitude, misfeasance, malfeasance or nonfeasance in office or for any other good cause.

      4.  A vacancy on the Board must be filled in the same manner as the original appointment by the appointing authority for the remainder of the unexpired term.

      5.  The Board shall meet regularly upon a call of the Chair. An affirmative vote of a majority of the members of the Board is required to take any action.

      Sec. 8. 1.  The Board on Indigent Defense Services shall:

      (a) Receive reports from the Executive Director and provide direction to the Executive Director concerning measures to be taken by the Department to ensure that indigent defense services are provided in an effective manner throughout this State.

      (b) Review information from the Department regarding caseloads of attorneys who provide indigent defense services.

      (c) Direct the Executive Director to conduct any additional audit, investigation or review the Board deems necessary to determine whether minimum standards in the provision of indigent defense services are being followed and provided in compliance with constitutional requirements.

      (d) Work with the Executive Director to develop procedures for the mandatory collection of data concerning the provision of indigent defense services, including the manner in which such services are provided.

      (e) Provide direction to the Executive Director concerning annual reports and review drafts of such reports.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2883 (CHAPTER 485, AB 81)ê

 

      (f) Review and approve the budget for the Department.

      (g) Review any recommendations of the Executive Director concerning improvements to the criminal justice system and legislation to improve the provision of indigent defense services in this State.

      (h) Provide advice and recommendations to the Executive Director on any other matter.

      2.  In addition to the duties set forth in subsection 1, the Board shall:

      (a) Establish minimum standards for the delivery of indigent defense services to ensure that such services meet the constitutional requirements and do not create any type of economic disincentive or impair the ability of the defense attorney to provide effective representation.

      (b) Establish a procedure to receive complaints and recommendations concerning the provision of indigent defense services from any interested person including, without limitation, judges, defendants, attorneys and members of the public.

      (c) Work with the Department to develop resolutions to complaints or to carry out recommendations.

      (d) Adopt regulations establishing standards for the provision of indigent defense services including, without limitation:

             (1) Establishing requirements for specific continuing education and experience for attorneys who provide indigent defense services.

             (2) Requiring attorneys who provide indigent defense services to track their time and provide reports, and requiring the State Public Defender and counties that employ attorneys or otherwise contract for the provision of indigent defense services to require or include a provision in the employment or other contract requiring compliance with the regulations.

             (3) Establishing standards to ensure that attorneys who provide indigent defense services track and report information in a uniform manner.

             (4) Establishing guidelines to be used to determine the maximum caseloads for attorneys who provide indigent defense services.

             (5) Requiring the Department of Indigent Defense Services and each county that employs or contracts for the provision of indigent defense services to ensure, to the greatest extent possible, consistency in the representation of indigent defendants so that the same attorney represents a defendant through every stage of the case without delegating the representation to others, except that administrative and other tasks which do not affect the rights of the defendant may be delegated. A provision must be included in each employment or other contract of an attorney providing indigent defense services to require compliance with the regulations.

      (e) Establish recommendations for the manner in which an attorney who is appointed to provide indigent defense services may request and receive reimbursement for expenses related to trial, including, without limitation, expenses for expert witnesses and investigators.

      (f) Work with the Executive Director and the Dean of the William S. Boyd School of Law of the University of Nevada, Las Vegas, or his or her designee, to determine incentives to recommend offering to law students and attorneys to encourage them to provide indigent defense services, especially in rural areas of the State.

      (g) Review laws and recommend legislation to ensure indigent defendants are represented in the most effective and constitutional manner.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2884 (CHAPTER 485, AB 81)ê

 

      3.  The Board shall adopt regulations to establish a formula for determining the maximum amount that a county may be required to pay for the provision of indigent defense services.

      4.  The Board shall adopt any additional regulations it deems necessary or convenient to carry out the duties of the Board and the provisions of this chapter.

      Sec. 9. 1.  The Department of Indigent Defense Services is hereby created.

      2.  The Executive Director of the Department must be appointed by the Governor from a list of three persons recommended by the Board.

      3.  The Executive Director:

      (a) Is in the unclassified service of this State;

      (b) Serves at the pleasure of the Governor, except that the Executive Director may only be removed upon a finding of incompetence, neglect of duty, commission of an act that constitutes moral turpitude, misfeasance, malfeasance or nonfeasance in office or for any other good cause;

      (c) Must be an attorney licensed to practice law in the State of Nevada; and

      (d) Must devote his or her entire time to his or her duties and shall not engage in any other gainful employment or occupation.

      4.  The Executive Director may, within the limits of money available for this purpose, employ or enter into a contract for the services of such employees or consultants as is necessary to carry out the provisions of this chapter.

      Sec. 10. 1.  The Executive Director shall:

      (a) Oversee all of the functions of the Department of Indigent Defense Services;

      (b) Serve as the Secretary of the Board without additional compensation;

      (c) Report to the Board on Indigent Defense Services regarding the work of the Department and provide such information to the Board as directed by the Board;

      (d) Assist the Board in determining necessary and appropriate regulations to assist in carrying out the responsibilities of the Department;

      (e) Establish the proposed budget for the Department and submit the proposed budget for approval of the Board;

      (f) Prepare an annual report concerning indigent defense services in this State which includes information collected by the Department and such other information as requested by the Board; and

      (g) Take any other actions necessary to ensure that adequate and appropriate indigent defense services are provided in this State.

      2.  The report prepared pursuant to paragraph (f) of subsection 1 must be submitted for input from the Board. The final report must be submitted on or before July 1 of each year to the Nevada Supreme Court, the Legislature and the Office of the Governor. The report may include any recommendations for legislation to improve indigent defense services in this State.

      Sec. 11. 1.  In addition to the Executive Director, the Department must include not fewer than two deputy directors selected by the Executive Director who serve at the pleasure of the Executive Director.

      2.  The deputy directors:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2885 (CHAPTER 485, AB 81)ê

 

      (a) Must be attorneys licensed to practice law in the State of Nevada;

      (b) Are in the unclassified service of this State; and

      (c) Shall devote their entire time to their duties and shall not engage in any other gainful employment or occupation.

      Sec. 12. One deputy director selected pursuant to section 11 of this act must be responsible for:

      1.  Overseeing the provision of indigent defense services in counties whose population is less than 100,000. Such oversight must include, without limitation:

      (a) Oversight of the State Public Defender; and

      (b) Determining whether attorneys meet the requirements established by the Board on Indigent Defense Services to be eligible to provide indigent defense services and maintaining a list of such attorneys.

      2.  Developing and providing continuing legal education programs for attorneys who provide indigent defense services.

      3.  Identifying and encouraging best practices for delivering the most effective indigent defense services.

      4.  Providing assistance to counties that must revise the manner in which indigent defense services are provided as a result of the regulations adopted by the Board pursuant to section 8 of this act. Such assistance may include, without limitation, assistance developing a plan and estimating the cost to carry out the plan.

      Sec. 13. One deputy director selected pursuant to section 11 of this act must be responsible for reviewing the manner in which indigent defense services are provided throughout the State. To carry out this responsibility, the deputy director shall:

      1.  Obtain information from attorneys relating to caseloads, salaries paid to criminal defense attorneys and the manner in which indigent defense services are provided.

      2.  Conduct on-site visits of court proceedings throughout the State to determine the manner in which indigent defense services are provided, including, without limitation, whether:

      (a) Minimum standards for the provision of indigent defense services established by the Board on Indigent Defense Services are being followed;

      (b) Court rules regarding the provision of indigent defense services are being followed;

      (c) Indigent defendants are being asked to provide reimbursement for their representation or to take any other actions that violate the constitution, any law, a court rule or a regulation of the Board; and

      (d) Representation of indigent defendants is being provided in an effective manner.

      3.  Report to the other deputy director upon a determination that any person is providing indigent defense services in an ineffective or otherwise inappropriate manner.

      4.  Recommend entering into a corrective action plan with any board of county commissioners of a county which is not meeting the minimum standards for the provision of indigent defense services or is in any other manner deficient in the provision of such services.

      Sec. 14. 1.  If a corrective action plan is recommended pursuant to section 13 of this act, the deputy director and the board of county commissioners must collaborate on the manner in which the county will meet the minimum standards for the provision of indigent defense services and the time by which the county must meet those minimum standards.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2886 (CHAPTER 485, AB 81)ê

 

and the time by which the county must meet those minimum standards. Any disagreement must be resolved by the Board. Each corrective action plan must be submitted to and approved by the Board.

      2.  If the plan established pursuant to subsection 1 will cause the county to expend more money than budgeted by the county in the previous budget year plus inflation for the provision of indigent defense services, the Executive Director shall include the additional amount needed by the county in the next budget for the Department of Indigent Defense Services to help support the indigent defense services provided by the county. If additional money is needed to carry out the plan before the next budget cycle, the Executive Director shall submit a request to the Interim Finance Committee for an allocation from the Contingency Account pursuant to NRS 353.266 to cover the additional costs.

      3.  For any county that is not required to have an office of public defender pursuant to NRS 260.010, if the additional amount included in the budget of the Department pursuant to subsection 2 is not approved, the board of county commissioners for the county to which the amount applies may determine whether to continue providing indigent defense services for the county or enter into an agreement with the Executive Director to transfer responsibility for the provision of such services to the State Public Defender.

      4.  If a county does not meet the minimum standards for the provision of indigent defense services within the period established in the corrective action plan for the county, the deputy director shall inform the Executive Director.

      5.  Upon being informed by the deputy director pursuant to subsection 4 that a county has not complied with a corrective action plan, the Executive Director must review information regarding the provision of indigent defense services in the county and determine whether to recommend establishing another corrective action plan with the board of county commissioners of the county. For a county that is not required to have an office of public defender pursuant to NRS 260.010, the Executive Director may instead recommend requiring the board of county commissioners to transfer responsibility for the provision of all indigent defense services for the county to the State Public Defender. The recommendation of the Executive Director must be submitted to and approved by the Board. Once approved, the board of county commissioners shall comply with the decision of the Board.

      6.  If a county is required to transfer or voluntarily transfers responsibility for the provision of all indigent defense services for the county to the State Public Defender:

      (a) The board of county commissioners for the county shall notify the State Public Defender in writing on or before March 1 of the next odd-numbered year and the responsibilities must transfer at a specified time on or after July 1 of the same year in which the notice was given, as determined by the Executive Director.

      (b) The board of county commissioners for the county shall pay the State Public Defender in the same manner and in an amount determined in the same manner as other counties for which the State Public Defender has responsibility for the provision of indigent defense services. The amount that a county may be required to pay must not exceed the maximum amount determined using the formula established by the Board pursuant to section 8 of this act.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2887 (CHAPTER 485, AB 81)ê

 

      Sec. 15. 1.  A county that transfers responsibility for the provision of indigent defense services to the State Public Defender pursuant to section 14 of this act may seek to have the responsibility transferred back to the county by submitting a request to the Executive Director in writing on or before December 31 of an even-numbered year.

      2.  Upon finding that the county is able to meet minimum standards for the provision of indigent defense services, the Executive Director shall approve transferring the responsibility for the provision of indigent defense services to the county.

      3.  If the Executive Director denies a request to transfer responsibility for the provision of indigent defense services to a county, the Executive Director must inform the board of county commissioners for the county of the reasons for the denial and the issues that must be resolved before the responsibility for the provision of indigent defense services will be transferred to the county.

      4.  If the Executive Director approves a request to transfer responsibility for the provision of indigent defense services to the county, the board of county commissioners for the county shall notify the State Public Defender in writing on or before March 1 of the next odd-numbered year and the responsibilities must transfer at a specified time on or after July 1 of the same year in which the notice was given, as determined by the Executive Director.

      Sec. 16. NRS 180.002 is hereby amended to read as follows:

      180.002  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 180.003 and 180.004 and sections 3, 3.5 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 17. NRS 180.010 is hereby amended to read as follows:

      180.010  1.  The Office of State Public Defender is hereby created within the Department of [Health and Human] Indigent Defense Services.

      2.  The Governor shall appoint the State Public Defender for a term of 4 years, and until a successor is appointed and qualified.

      3.  The State Public Defender is responsible to the Executive Director.

      4.  The State Public Defender:

      (a) Must be an attorney licensed to practice law in the State of Nevada.

      (b) Is in the unclassified service of the State [.] and serves at the pleasure of the Executive Director.

      (c) Except as otherwise provided in NRS 7.065, shall not engage in the private practice of law.

      [4.] 5.  No officer or agency of the State, other than the [Governor and the Director of the Department of Health and Human Services,] Executive Director and the deputy director selected by the Executive Director pursuant to section 11 of this act who is responsible for carrying out the duties provided in section 12 of this act may supervise the State Public Defender. No officer or agency of the State, other than the [Governor,] Executive Director or deputy director selected by the Executive Director pursuant to section 11 of this act who is responsible for carrying out the duties provided in section 12 of this act may assign the State Public Defender duties in addition to those prescribed by this chapter.

      Secs. 18 and 19. (Deleted by amendment.)

      Sec. 20. NRS 180.060 is hereby amended to read as follows:

      180.060  1.  The State Public Defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when the indigent person has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2888 (CHAPTER 485, AB 81)ê

 

when the indigent person has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

      2.  The State Public Defender shall, when designated pursuant to NRS 62D.030, 62D.100, 171.188 or 432B.420, [and within the limits of available money,] represent without charge each indigent person for whom the State Public Defender is appointed.

      3.  When representing an indigent person, the State Public Defender shall:

      (a) Counsel and defend the indigent person at every stage of the proceedings, including revocation of probation or parole; and

      (b) Prosecute any appeals or other remedies before or after conviction that the State Public Defender considers to be in the interests of justice.

      4.  In cases of postconviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.

      5.  The State Public Defender may contract with any county in which the office of public defender has been created to provide representation for indigent persons when the court, for cause, disqualifies the county public defender or when the county public defender is otherwise unable to provide representation.

      Sec. 21. NRS 180.080 is hereby amended to read as follows:

      180.080  1.  The State Public Defender shall submit:

      (a) A report on or before December 1 of each year to the [Governor] Executive Director and to each participating county containing a statement of:

             (1) The number of cases that are pending in each participating county;

             (2) The number of cases in each participating county that were closed in the previous fiscal year;

             (3) The total number of criminal defendants represented in each participating county with separate categories specifying the crimes charged and whether the defendant was less than 18 years of age or an adult;

             (4) The total number of working hours spent by the State Public Defender and the State Public Defender’s staff on work for each participating county; [and]

             (5) The amount and categories of the expenditures made by the State Public Defender’s office [.] ; and

             (6) Such other information as requested by the Executive Director of the Department of Indigent Defense Services or the Board on Indigent Defense Services.

      (b) To each participating county, on or before December 1 of each even-numbered year, the total proposed budget of the State Public Defender for that county, including the projected number of cases and the projected cost of services attributed to the county for the next biennium.

      (c) Such reports to the Legislative Commission as the regulations of the Commission require.

      2.  As used in this section, “participating county” means each county in which the [office of public defender has not been created pursuant to NRS 260.010.] State Public Defender acts as the public defender for the county.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2889 (CHAPTER 485, AB 81)ê

 

      Sec. 22. NRS 180.090 is hereby amended to read as follows:

      180.090  Except as provided in subsections 4 and 5 of NRS 180.060, the provisions of [this chapter] NRS 180.010 to 180.100, inclusive, apply only to counties in which the office of public defender has not been created pursuant to the provisions of chapter 260 of NRS.

      Sec. 23. NRS 180.110 is hereby amended to read as follows:

      180.110  1.  Each fiscal year the State Public Defender may collect from the counties amounts which do not exceed those authorized by the Legislature for use of the State Public Defender’s services during that year. The amount that a county may be required to pay must not exceed the maximum amount determined using the formula established by the Board pursuant to section 8 of this act.

      2.  The State Public Defender shall submit to the county an estimate on or before the first day of May and that estimate becomes the final bill unless the county is notified of a change within 2 weeks after the date on which the county contribution is approved by the Legislature. The county shall pay the bill:

      (a) In full within 30 days after the estimate becomes the final bill or the county receives the revised estimate; or

      (b) In equal quarterly installments on or before the 1st day of July, October, January and April, respectively.

Ê The counties shall pay their respective amounts to the State Public Defender who shall deposit the amounts with the Treasurer of the State of Nevada and shall expend the money in accordance with the State Public Defender’s approved budget.

      Secs. 24 and 25. (Deleted by amendment.)

      Sec. 26. NRS 232.320 is hereby amended to read as follows:

      232.320  1.  The Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging and Disability Services Division;

             (2) The Administrator of the Division of Welfare and Supportive Services;

             (3) The Administrator of the Division of Child and Family Services;

             (4) The Administrator of the Division of Health Care Financing and Policy; and

             (5) The Administrator of the Division of Public and Behavioral Health.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133, inclusive, 432B.621 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2890 (CHAPTER 485, AB 81)ê

 

biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department . [, other than the State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.]

      Sec. 27. NRS 260.010 is hereby amended to read as follows:

      260.010  1.  In counties whose population is 100,000 or more, the boards of county commissioners shall [create] provide by ordinance for the office of public defender.

      2.  Except as otherwise provided by subsection 4 [,] and except if the county voluntarily transfers or has been required to transfer responsibility for the provision of indigent defense services to the State Public Defender pursuant to section 14 of this act, in counties whose population is less than 100,000, boards of county commissioners may in their respective counties [create] provide by ordinance, at the beginning of a fiscal year, for the office of public defender.

      3.  Except as otherwise provided in subsection 4, if a board of county commissioners intends to [create] provide by ordinance for the office of county public defender, the board shall notify the State Public Defender in writing on or before March 1 of any odd-numbered year and the office may not be created before July 1 of the same year in which the notice was given.

      4.  If the county contribution approved by the Legislature exceeds the estimate provided to the county on December 1 by more than 10 percent for either year of the biennium, the board of county commissioners may [create] provide for the office of county public defender on July 1 of the next even-numbered year if the board notifies the State Public Defender on or before March 1 of the same year in which the office is to be created.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2891 (CHAPTER 485, AB 81)ê

 

      5.  The office of public defender when created must be filled by appointment by the board of county commissioners.

      6.  The public defender serves at the pleasure of the board of county commissioners.

      7.  Each board of county commissioners shall cooperate with the Board on Indigent Defense Services created by section 6 of this act and the Department of Indigent Defense Services created by section 9 of this act. The board of county commissioners shall:

      (a) Ensure that data and information requested by the Board or Department is collected and maintained; and

      (b) Provide such information and reports concerning the provision of indigent defense services as requested by the Board or the Department.

      8.  As used in this section, “indigent defense services” has the meaning ascribed to it in NRS 180.004.

      Sec. 28. NRS 260.050 is hereby amended to read as follows:

      260.050  1.  The public defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when he or she has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

      2.  The public defender shall, when designated pursuant to NRS 62D.030, 171.188 or 432B.420, [and within the limits of available money,] represent without charge each indigent person for whom he or she is appointed.

      3.  When representing an indigent person, the public defender shall:

      (a) Counsel and defend the person at every stage of the proceedings, including revocation of probation or parole; and

      (b) Prosecute, subject to the provisions of subsection 4 of NRS 180.060, any appeals or other remedies before or after conviction that he or she considers to be in the interests of justice.

      Sec. 29. NRS 260.070 is hereby amended to read as follows:

      260.070  1.  The public defender shall make an annual report to [the] :

      (a) The board of county commissioners covering all cases handled by his or her office during the preceding year.

      (b) The Department of Indigent Defense Services created by section 9 of this act which includes any information required by the Department.

      2.  The board of county commissioners of each county with a public defender or which contracts for indigent defense services shall provide an annual report to the Department on or before May 1 of each year. The report must include any information requested by the Department concerning the provision of indigent defense services in the county and must include, without limitation, the plan for the provision of indigent defense services for the county for the next fiscal year.

      3.  As used in this section, “indigent defense services” has the meaning ascribed to it in NRS 180.004.

      Sec. 30. (Deleted by amendment.)

      Sec. 31. Section 35 of chapter 460, Statutes of Nevada 2017, at page 2943, is hereby amended to read as follows:

       Sec. 35.  1.  This act becomes effective on July 1, 2017 . [, and expires]

       2.  Sections 1, 3, 5, 6 and 8 to 34, inclusive, of this act expire by limitation on June 30, 2019.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2892 (CHAPTER 485, AB 81)ê

 

      Sec. 31.3.  The members of the Board on Indigent Defense Services created by section 6 of this act shall serve initial terms ending on:

      1.  June 30, 2022, for the members appointed by the Chief Justice of the Nevada Supreme Court, the Majority Leader of the Senate, the Speaker of the Assembly and the Governor pursuant to subparagraphs (1) to (5), inclusive, of paragraph (a) of subsection 1 of section 6 of this act.

      2.  June 30, 2021, for two of the members selected by the Nevada Association of Counties pursuant to subparagraph (6) of paragraph (a) of subsection 1 of section 6 of this act, as determined by the Nevada Association of Counties.

      3.  June 30, 2021, for the member selected by the Board of County Commissioners of Washoe County pursuant to subparagraph (8) of paragraph (a) of subsection 1 of section 6 of this act and one of the members selected by the Board of County Commissioners of Clark County pursuant to subparagraph (7) of paragraph (a) of subsection 1 of section 6 of this act, as determined by the respective Boards.

      4.  June 30, 2020, for all of the remaining members.

      Sec. 31.5. (Deleted by amendment.)

      Sec. 32.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 33.  This act becomes effective:

      1.  Upon passage and approval for the purpose of recruiting and selecting the Executive Director and employees of the Department of Indigent Defense Services created by section 9 of this act, and performing any other preliminary administrative tasks that are necessary to carry out the provisions of this act.

      2.  Upon passage and approval for the purpose of appointing members to the Board on Indigent Defense Services created by section 6 of this act. Members must be appointed by the Governor, the Majority Leader of the Senate, the Speaker of the Assembly and the Chief Justice of the Supreme Court, as applicable, as soon as practicable and assume their positions on July 1, 2019.

      3.  On October 1, 2019, for all other purposes.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2893ê

 

CHAPTER 486, AB 104

Assembly Bill No. 104–Assemblywoman Swank

 

CHAPTER 486

 

[Approved: June 7, 2019]

 

AN ACT making an appropriation to the Account for the Nevada Main Street 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.  The sum of $350,000 is hereby appropriated from the State General Fund to the Account for the Nevada Main Street Program created by NRS 231.1536 for continued support of local Main Street programs.

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

________

CHAPTER 487, AB 150

Assembly Bill No. 150–Committee on Health and Human Services

 

CHAPTER 487

 

[Approved: June 7, 2019]

 

AN ACT relating to child welfare; requiring the establishment of a working group to study ways to improve the outcomes for persons who leave the custody of an agency which provides child welfare services when they reach 18 years of age; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a child whom a court places with a person or entity other than a parent and who reaches 18 years of age to request the court to retain jurisdiction over the child until the child reaches the age of 21 years. If a court retains jurisdiction over a child in such circumstances, the child is required to enter into an agreement with the agency which provides child welfare services. Such an agreement is required to provide that the child is entitled to: (1) continue receiving services from the agency which provides child welfare services; and (2) receive monetary payments directly or to have such payments provided to another entity in an amount not to exceed the rate of payment for foster care. (NRS 432B.594) Existing law additionally requires the agency which provides child welfare services to develop a written plan to assist the child in transitioning into independent living. (NRS 432B.595) Section 9.5 of this bill requires the Division of Child and Family Services of the Department of Health and Human Services to establish a working group to study: (1) that program and other programs to improve the outcomes for persons who leave the custody of an agency which provides child welfare services upon reaching 18 years of age in this State and other states; and (2) possible ways to improve those outcomes. Section 9.5 requires the Division to submit a report to the Legislative Committee on Child Welfare and Juvenile Justice concerning the activities, conclusions and recommendations of the working group. Section 10 of this bill appropriates money to the Division for personnel costs to develop the plan.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2894 (CHAPTER 487, AB 150)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-9. (Deleted by amendment.)

      Sec. 9.5.  1.  The Division of Child and Family Services of the Department of Health and Human Services shall establish a working group comprised of representatives of agencies which provide child welfare services, representatives of other agencies and organizations that provide social services, attorneys who represent children in the custody of agencies which provide child welfare services and other interested persons and entities. The working group shall:

      (a) Analyze data relating to the implementation and results of programs in this State and other states that have been established to improve the outcomes for persons who leave the custody of an agency which provides child welfare services upon reaching 18 years of age, including, without limitation:

             (1) The program established pursuant to NRS 432B.591 to 432B.595, inclusive, that allows a child who is over 18 years of age to voluntarily remain under the jurisdiction of a court under the conditions prescribed by NRS 432B.594; and

             (2) Any such program that obtains federal financial participation under 42 U.S.C. §§ 670 et seq.; and

      (b) Study potential ways to improve outcomes for persons in this State who leave the custody of an agency which provides child welfare services upon reaching 18 years of age.

      2.  On or before October 1, 2020, the Division of Child and Family Services of the Department of Health and Human Services shall submit to the Legislative Committee on Child Welfare and Juvenile Justice a report which must include, without limitation:

      (a) A summary of the activities carried out by the working group pursuant to subsection 1 and the conclusions of the working group as a result of those activities;

      (b) Any recommendations of the working group to improve the outcomes for persons who leave the custody of an agency which provides child welfare services upon reaching 18 years of age in this State, including, without limitation, any recommendations for legislation and changes to regulation or policy; and

      (c) A summary of the estimated fiscal impact of those recommendations.

      3.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 10.  1.  There is hereby appropriated from the State General Fund to the Division of Child and Family Services of the Department of Health and Human Services for the purposes described in subsection 2 the following sums:

For the Fiscal Year 2019-2020............................................................ $35,553

For the Fiscal Year 2020-2021............................................................ $11,345

      2.  The Division of Child and Family Services of the Department of Health and Human Services shall use the money appropriated pursuant to subsection 1 for personnel costs to carry out the provisions of section 9.5 of this act.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2895 (CHAPTER 487, AB 150)ê

 

      3.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2020, and September 17, 2021, respectively.

      Sec. 11.  This act becomes effective on July 1, 2019.

________

CHAPTER 488, AB 196

Assembly Bill No. 196–Assemblymen Frierson, Thompson, Spiegel; Benitez-Thompson, Monroe-Moreno, Munk and Torres

 

CHAPTER 488

 

[Approved: June 7, 2019]

 

AN ACT making an appropriation to the Department of Education for incentives for teachers who currently teach at Title I schools and schools designated as underperforming; 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.  1.  There is hereby appropriated from the State General Fund to the Department of Education to provide incentives for teachers who are currently employed to teach at a Title I school or a school designated as underperforming pursuant to the statewide system of accountability for public schools the sum of $5,000,000.

      2.  The State Board of Education shall adopt regulations as necessary to carry out the provisions of this section.

      3.  As used in this section, “Title I school” has the meaning ascribed to it in NRS 385A.040.

      Sec. 2.  Any remaining balance of the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

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

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2896ê

 

CHAPTER 489, AB 250

Assembly Bill No. 250–Committee on Ways and Means

 

CHAPTER 489

 

[Approved: June 7, 2019]

 

AN ACT making an appropriation to the Legislative Fund for the Legislative Committee on Public Lands to attend informational meetings and tours in Washington, D.C., during the 2019-2020 interim; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Legislative Fund created by NRS 218A.150 the sum of $13,980 for five members of the Legislative Committee on Public Lands and one staff member of the Legislative Counsel Bureau to attend informational meetings and tours in Washington, D.C., during the 2019-2020 interim.

      Sec. 2.  The Legislative Commission shall select five members of the Legislative Committee on Public Lands for the 2019-2020 interim to attend the informational meetings and tours in Washington, D.C., as follows:

      1.  One member who is an elected officer representing the governing body of a local political subdivision;

      2.  One member from the Assembly who is a member of the Republican Party;

      3.  One member from the Assembly who is a member of the Democratic Party;

      4.  One member from the Senate who is a member of the Republican Party; and

      5.  One member from the Senate who is a member of the Democratic Party.

      Sec. 3.  Any remaining balance on the appropriation made by section 1 of this act must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      Sec. 4.  This act becomes effective on July 1, 2019.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2897ê

 

CHAPTER 490, AB 271

Assembly Bill No. 271–Assemblywoman Peters

 

CHAPTER 490

 

[Approved: June 7, 2019]

 

AN ACT relating to employment; requiring an employer who operates a call center to provide certain notice to the Labor Commissioner and affected employees before relocating the call center to a foreign country; providing that such an employer is ineligible to receive incentives for economic development from a state agency for a certain period of time with certain exceptions; authorizing the Labor Commissioner to impose certain penalties upon such employers for the failure to provide the required notice; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et. seq., requires certain employers to provide a notice containing certain information to employees and certain other entities at least 60 days before ordering a plant closing or a mass layoff. (29 U.S.C. § 2102) Section 6 of this bill requires an employer who relocates a call center or certain operations of a call center to a foreign country to provide certain notice to the Labor Commissioner and the employees who will be displaced due to the relocation not later than 90 days before the relocation. If the employer has received an incentive for economic development from a state agency within the immediately preceding 10 years, section 6 requires the employer to notify the Labor Commissioner and the affected employees of the relocation and the number of employees displaced due to the relocation. If the employer has not received an incentive for economic development within the immediately preceding 10 years, section 6 requires the employer to provide a notice to the Labor Commissioner and the affected employees that contains certain information set forth in the federal Worker Adjustment and Retraining Notification Act.

      Under section 6, an employer who has provided the required notice is ineligible, for a period of 5 years, to receive an incentive for economic development from a state agency, including, without limitation, a grant, loan, tax credit or abatement. Section 6 authorizes the Labor Commissioner to waive the provision making an employer ineligible for incentives upon the request of a state agency that wishes to provide such an incentive in certain circumstances.

      Section 7 of this bill requires the Labor Commissioner to: (1) impose certain civil penalties on an employer who fails to provide the notice required by section 6; or (2) require an employer who has received an incentive for economic development from a state agency within the immediately preceding 10 years and fails to provide the notice required by section 6 to conduct a study, at the expense of the employer, to determine the financial impact of the failure of the employer to provide the required notice and impose a civil penalty in an amount based on the results of that study.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2898 (CHAPTER 490, AB 271)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2. As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Call center” means a facility or other operation whereby workers receive telephone calls or other electronic communication for the purpose of providing customer service or related functions.

      Sec. 4. “Employer” means a person in this State who, for the purpose of staffing a call center, employs 50 or more call center employees.

      Sec. 5.  (Deleted by amendment.)

      Sec. 6. 1.  An employer who relocates a call center, or one or more facilities or operating units within a call center comprising at least 30 percent of the total operating volume of telephone calls or other electronic communications when measured against the average volume of those operations from the previous 12 months, from this State to a foreign country shall, not later than 90 days before such relocation:

      (a) If the employer has received any incentive from a state agency for economic development, including, without limitation, any grant, loan, tax credit or abatement within the 10 years immediately preceding the relocation, notify the Labor Commissioner and the employees who will be displaced due to the relocation of:

             (1) The relocation; and

             (2) The number of employees who will be displaced due to the relocation; or

      (b) If the employer is not an employer described in paragraph (a), provide to the Labor Commissioner and the employees who will be displaced due to the relocation a notice containing the information required to be included in the notice required pursuant to the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101 et. seq., and the regulations adopted pursuant thereto.

      2.  Except as otherwise provided in subsection 3, an employer who has provided the notice required by subsection 1 is ineligible to receive from a state agency any incentive for economic development, including, without limitation, any grant, loan, tax credit or abatement for a period of 5 years following the date upon which such notice was provided to the Labor Commissioner.

      3.  The Labor Commissioner may waive the provisions of subsection 2 for a state agency that wishes to provide an incentive for economic development to an employer who has provided the notice required by subsection 1 upon the request of the state agency if:

      (a) The employer demonstrates to the satisfaction of the state agency that not being provided the incentive would cause job loss or an adverse impact on this State; and

      (b) The state agency notifies the Labor Commissioner that the employer complied with paragraph (a) within 15 days after the state agency makes the determination of compliance.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2899 (CHAPTER 490, AB 271)ê

 

      Sec. 7. 1.  If an employer fails to provide the notice required by paragraph (a) of subsection 1 of section 6 of this act, the Labor Commissioner shall:

      (a) Impose against the employer a civil penalty not to exceed $5,000 for each day the employer fails to provide the notice; or

      (b) Require the employer to conduct a study, at the expense of the employer, to determine the financial impact of the failure of the employer to provide the required notice on the community surrounding the call center and impose against the employer a civil penalty in an amount based upon the results of the study.

      2.  If an employer fails to provide the notice required by paragraph (b) of subsection 1 of section 6 of this act, the Labor Commissioner shall impose against the employer a civil penalty of $5,000 and an additional civil penalty of $500 for each day the employer fails to provide the notice, up to a maximum of 30 days.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9. The provisions of sections 2 to 10, inclusive, of this act must not be construed to authorize the withholding or denial of payments, compensation or benefits under any law of this State, including, without limitation, unemployment compensation, a disability benefit or a payment for the purposes of retraining or readjustment to an employee of an employer who relocates a call center to a foreign country.

      Sec. 10. The Labor Commissioner may adopt such regulations as are necessary to carry out the provisions of sections 2 to 10, inclusive, of this act.

      Sec. 11. (Deleted by amendment.)

      Sec. 12.  This act becomes effective:

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

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

________

CHAPTER 491, AB 319

Assembly Bill No. 319–Assemblymen Tolles, Yeager, Roberts; Hansen, Hardy, Kramer, Leavitt and McCurdy

 

Joint Sponsors: Senators Kieckhefer, Denis, Seevers Gansert; and Brooks

 

CHAPTER 491

 

[Approved: June 7, 2019]

 

AN ACT relating to professional licensing; authorizing a person to petition a professional or occupational licensing board for a determination of whether the person’s criminal history will disqualify him or her from obtaining a license; requiring a professional or occupational licensing board to implement a process for such a petition; establishing certain requirements for such process; requiring a professional or occupational licensing board to make a quarterly report to the Legislative Counsel Bureau with certain information; and providing other matters properly relating thereto.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2900 (CHAPTER 491, AB 319)ê

 

Legislative Counsel’s Digest:

      Existing law allows a person to apply for various professional and occupational licenses if a person meets the requirements established in statute and by the professional or occupational licensing board which grants the license. (Title 54 of NRS; Chapters 1, 7, 90, 232B, 240A, 244, 289, 361, 379, 394, 433, 435, 445B, 453A, 455C, 457, 477, 482, 487, 489, 490, 502-505, 534, 544, 555, 557, 576, 581, 582, 584, 587, 599A, 599B, 618 and 706 of NRS, NRS 391.060, 458.0255, 458.0256) Existing law requires certain boards to submit a quarterly report to the Director of the Legislative Counsel Bureau containing certain information. (NRS 622.100) Section 1 of this bill requires a regulatory body to develop and implement a process by which a person can petition the regulatory body for a determination of whether the person’s criminal history will disqualify the person from obtaining a license from the regulatory body. Section 1 requires the regulatory body to inform the person of the regulatory body’s determination within 90 days after the petition is submitted and allows the regulatory body to rescind the determination at any time. Section 1 authorizes a regulatory body to provide instructions to a person who receives a determination of disqualification to remedy the determination and resubmit his or her petition after remedying the determination. Section 1 authorizes a person to petition the regulatory body at any time, including before obtaining any education necessary to obtain a license. Section 1 authorizes the regulatory body to charge a fee of up to $50 for the costs of considering a petition. Section 1 authorizes a regulatory body to post information on its Internet website concerning the requirements for obtaining a license and a list of crimes that would disqualify a person for a license. Section 1 also authorizes a regulatory body to request the criminal history record of a person who petitions the regulatory body for a determination of disqualification or qualification. Section 1 prohibits a person who petitions a regulatory body from submitting false or misleading information to the regulatory body. Section 2 of this bill requires a regulatory body to include certain information concerning the determinations of qualification or disqualification in its quarterly report to the Director of the Legislative Counsel Bureau. Sections 3, 9-13, 15, 16, 19, 25, 26, 28, 29, 32, 36, 38, 43-45, 47-51, 53, 57, 63, 67-70 and 72-76 of this bill replicate the requirements of section 1 for other professional or occupational licensing boards, in addition to requiring the respective professional or occupational licensing board to submit a quarterly report to the Director of the Legislative Counsel Bureau containing certain information.

      Assembly Bill No. 131, enacted during the current legislative session, makes various changes concerning community-based living arrangement services, including repealing the provisions governing community-based living arrangement services in chapter 433 of NRS and moving them instead to chapter 449 of NRS. Instead of requiring providers of such services to obtain a certificate, Assembly Bill No. 131 requires the providers to obtain a license from the Division pursuant to chapter 449 of NRS. (Chapter 51, Statutes of Nevada 2019) For that reason, section 19.1 of this bill was added to chapter 449 of NRS.

      Existing law establishes the Sunset Subcommittee of the Legislative Commission. (NRS 232B.210-232B.250) Existing law requires the Sunset Subcommittee to conduct reviews of the professional and occupational licensing boards in this State and make recommendations on the continued existence or efficiency of the board. (NRS 232B.220, 232B.250) Section 6 of this bill requires the Sunset Subcommittee to conduct a review of each professional or occupational licensing board and regulatory body in this State to determine whether the restrictions on the criminal history of an applicant for an occupational or professional license are appropriate. Section 8 of this bill requires the Sunset Subcommittee to include in any recommendation made on the appropriateness of a restriction on the criminal history of an applicant suggestions for legislative action.

      Sections 7, 14, 17, 18, 19.2-24, 27, 30, 31, 37, 46, 52, 54-56, 58-62, 64-66, 71 and 77-85 of this bill make conforming changes.

 

 

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2901 (CHAPTER 491, AB 319)ê

 

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

 

      Whereas, The right of a natural person to pursue an occupation or profession is a fundamental right; and

      Whereas, Regulations of occupations and professions shall be construed and applied to increase economic opportunities, promote competition and encourage innovation; and

      Whereas, Where the State of Nevada finds it is necessary to displace competition, it will use the least restrictive regulation necessary to protect consumers from present, significant and substantiated harms that threaten public health and safety; and

      Whereas, A regulation of an occupation or profession may be enforced against a natural person only to the extent the natural person sells goods or provides services that are explicitly included in the statute that defines the scope of practice of the occupation; and

      Whereas, The fundamental right of a natural person to pursue an occupation includes the right of a natural person with a criminal history to obtain an occupational or professional license; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 622 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in chapters 624 and 648 of NRS, a regulatory body shall develop and implement a process by which a person with a criminal history may petition the regulatory body to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license from the regulatory body.

      2.  Not later than 90 days after a petition is submitted to a regulatory body pursuant to subsection 1, a regulatory body shall inform the person of the determination of the regulatory body of whether the person’s criminal history will disqualify the person from obtaining a license. A regulatory body is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  A regulatory body may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the regulatory body at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the regulatory body.

      5.  A person may submit a new petition to the regulatory body not earlier than 2 years after the final determination of the initial petition submitted to the regulatory body.

      6.  A regulatory body may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. A regulatory body may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  A regulatory body may post on its Internet website:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2902 (CHAPTER 491, AB 319)ê

 

      (a) The requirements to obtain a license from the regulatory body; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the regulatory body.

      8.  A regulatory body may request the criminal history record of a person who petitions the regulatory body for a determination pursuant to subsection 1. To the extent consistent with federal law, if the regulatory body makes such a request of a person, the regulatory body shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions a regulatory body for a determination pursuant to subsection 1 shall not submit false or misleading information to the regulatory body.

      Sec. 2. NRS 622.100 is hereby amended to read as follows:

      622.100  1.  Each regulatory body shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director:

      (a) A summary of each disciplinary action taken by the regulatory body during the immediately preceding calendar quarter against any licensee of the regulatory body; and

      (b) A report that includes:

             (1) For the immediately preceding calendar quarter:

                   (I) The number of licenses issued by the regulatory body;

                   (II) The total number of applications for licensure received by the regulatory body;

                   (III) The number of applications rejected by the regulatory body as incomplete;

                   (IV) The average number of days between the date of rejection of an application as incomplete and the resubmission by the applicant of a complete application;

                   (V) A list of each reason given by the regulatory body for the denial of an application and the number of applications denied by the regulatory body for each such reason; [and]

                   (VI) The number of applications reviewed on an individual basis by the regulatory body or the executive head of the regulatory body; [and]

                   (VII) The number of petitions submitted to the regulatory body pursuant to section 1 of this act;

                   (VIII) The number of determinations of disqualification made by the regulatory body pursuant to section 1 of this act; and

                   (IX) The reasons for such determinations; and

             (2) Any other information that is requested by the Director or which the regulatory body determines would be helpful to the Legislature in evaluating whether the continued existence of the regulatory body is necessary.

      2.  The Director shall:

      (a) Provide any information received pursuant to subsection 1 to a member of the public upon request;

      (b) Cause a notice of the availability of such information to be posted on the public website of the Nevada Legislature on the Internet; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2903 (CHAPTER 491, AB 319)ê

 

      (c) Transmit a compilation of the information received pursuant to subsection 1 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      3.  The Director, on or before the first day of each regular session of the Legislature and at such other times as directed, shall compile the reports received pursuant to paragraph (b) of subsection 1 and distribute copies of the compilation to the Senate Standing Committee on Commerce, Labor and Energy and the Assembly Standing Committee on Commerce and Labor, each of which shall review the compilation to determine whether the continued existence of each regulatory body is necessary.

      Sec. 3. Chapter 1 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Court Administrator shall develop and implement a process by which a person with a criminal history may petition the Court Administrator to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate or registration as a court interpreter pursuant to NRS 1.510.

      2.  Not later than 90 days after a petition is submitted to the Court Administrator pursuant to subsection 1, the Court Administrator shall inform the person of the determination of the Court Administrator of whether the person’s criminal history will disqualify the person from obtaining a certificate or registration. The Court Administrator is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Court Administrator may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Court Administrator at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate or registration.

      5.  A person may submit a new petition to the Court Administrator not earlier than 2 years after the final determination of the initial petition submitted to the Court Administrator.

      6.  The Court Administrator may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Court Administrator may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Court Administrator may post on its Internet website:

      (a) The requirements to obtain a certification or registration as a court interpreter; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certification or registration as a court interpreter from the Court Administrator.

      8.  The Court Administrator may request the criminal history record of a person who petitions the Court Administrator for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Court Administrator makes such a request of a person, the Court Administrator shall require the person to submit his or her criminal history record which includes a report from:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2904 (CHAPTER 491, AB 319)ê

 

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Court Administrator for a determination pursuant to subsection 1 shall not submit false or misleading information to the Court Administrator.

      10.  The Court Administrator shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Court Administrator pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Court Administrator pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Court Administrator determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Secs. 4 and 5. (Deleted by amendment.)

      Sec. 6. Chapter 232B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Sunset Subcommittee of the Legislative Commission shall conduct a review of each professional or occupational licensing board and regulatory body in this State to determine whether the restrictions on the criminal history of an applicant for an occupational or professional license are appropriate.

      2.  Each professional or occupational licensing board and regulatory body subject to review pursuant to subsection 1 must submit information to the Sunset Subcommittee on a form prescribed by the Sunset Subcommittee. The information must include, without limitation:

      (a) The number of petitions submitted to a professional or occupational licensing board and regulatory body pursuant to sections 1, 3, 9-13, 15, 16, 19, 19.1, 25, 26, 28, 29, 32, 36, 38, 43-45, 47-51, 53, 57, 63, 67-70 and 72-76 of this act;

      (b) The number of determinations of disqualification made by the professional or occupational licensing board and regulatory body pursuant to sections 1, 3, 9-13, 15, 16, 19, 19.1, 25, 26, 28, 29, 32, 36, 38, 43-45, 47-51, 53, 57, 63, 67-70 and 72-76 of this act; and

      (c) The reasons for such determinations of disqualification.

      3.  As used in this section, “regulatory body” has the meaning ascribed to it in NRS 622.060.

      Sec. 7. NRS 232B.220 is hereby amended to read as follows:

      232B.220  1.  The Sunset Subcommittee of the Legislative Commission shall conduct a review of each board and commission in this State which is not provided for in the Nevada Constitution or established by an executive order of the Governor to determine whether the board or commission should be terminated, modified, consolidated with another board or commission or continued. Such a review must include, without limitation:

      (a) An evaluation of the major policies and programs of the board or commission, including, without limitation, an examination of other programs or services offered in this State to determine if any other provided programs or services duplicate those offered by the board or commission;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2905 (CHAPTER 491, AB 319)ê

 

or services offered in this State to determine if any other provided programs or services duplicate those offered by the board or commission;

      (b) Any recommendations for improvements in the policies and programs offered by the board or commission; and

      (c) A determination of whether any statutory tax exemptions, abatements or money set aside to be provided to the board or commission should be terminated, modified or continued.

      2.  The Sunset Subcommittee shall review not less than 10 boards and commissions specified in subsection 1 each legislative interim.

      3.  Any action taken by the Sunset Subcommittee concerning a board or commission pursuant to NRS 232B.210 to 232B.250, inclusive, and section 6 of this act is in addition or supplemental to any action taken by the Legislative Commission pursuant to NRS 232B.010 to 232B.100, inclusive.

      Sec. 8. NRS 232B.250 is hereby amended to read as follows:

      232B.250  1.  If the Sunset Subcommittee of the Legislative Commission determines to recommend the termination of a board or commission, its recommendation must include suggestions for appropriate direct legislative action, if any, which is made necessary or desirable by the termination of the board or commission.

      2.  If the Sunset Subcommittee determines to recommend the consolidation, modification or continuation of a board or commission, its recommendation must include suggestions for appropriate direct legislative action, if any, which would make the operation of the board or commission or its successor more efficient or effective.

      3.  If the Sunset Subcommittee determines to recommend the modification, continuation or removal of the restrictions on the criminal history of an applicant for an occupational or professional license, its recommendation must include suggestions for appropriate direct legislative action, if any, which is made necessary or desirable by any modification, continuation or removal of such restrictions.

      4.  On or before June 30, 2012, the Sunset Subcommittee shall make all of its initial recommendations pursuant to this section, if any. The Sunset Subcommittee shall make all subsequent recommendations pursuant to this section, if any, on or before June 30 of each even-numbered year occurring thereafter.

      Sec. 9. Chapter 240A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Secretary of State shall develop and implement a process by which a person with a criminal history may petition the Secretary of State to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a registration pursuant to NRS 240A.100.

      2.  Not later than 90 days after a petition is submitted to the Secretary of State pursuant to subsection 1, the Secretary of State shall inform the person of the determination of the Secretary of State of whether the person’s criminal history will disqualify the person from obtaining a registration. The Secretary of State is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Secretary of State may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2906 (CHAPTER 491, AB 319)ê

 

not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Secretary of State at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Secretary of State.

      5.  A person may submit a new petition to the Secretary of State not earlier than 2 years after the final determination of the initial petition submitted to the Secretary of State.

      6.  The Secretary of State may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Secretary of State may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Secretary of State may post on its Internet website:

      (a) The requirements to obtain a registration pursuant to NRS 240A.100 from the Secretary of State; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Secretary of State.

      8.  The Secretary of State may request the criminal history record of a person who petitions the Secretary of State for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Secretary of State makes such a request of a person, the Secretary of State shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Secretary of State for a determination pursuant to subsection 1 shall not submit false or misleading information to the Secretary of State.

      10.  The Secretary of State shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Secretary of State pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Secretary of State pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Secretary of State determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 10. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A board of county commissioners or county license board shall develop and implement a process by which a person with a criminal history may petition the board of county commissioners or county license board to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license.

      2.  Not later than 90 days after a petition is submitted to a board of county commissioners or county license board pursuant to subsection 1, a board of county commissioners or county license board shall inform the person of the determination of the board of county commissioners or county license board of whether the person’s criminal history will disqualify the person from obtaining a license.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2907 (CHAPTER 491, AB 319)ê

 

board of county commissioners or county license board shall inform the person of the determination of the board of county commissioners or county license board of whether the person’s criminal history will disqualify the person from obtaining a license. The board of county commissioners or county license board is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  A board of county commissioners or county license board may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the board of county commissioners or county license board at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the board of county commissioners or county license board.

      5.  A person may submit a new petition to the board of county commissioners or county license board not earlier than 2 years after the final determination of the initial petition submitted to the board of county commissioners or county license board.

      6.  A board of county commissioners or county license board may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. A board of county commissioners or county license board may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  A board of county commissioners or county license board may post on its Internet website:

      (a) The requirements to obtain a license from the board of county commissioners or county license board, as applicable; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from a board of county commissioners or county license board.

      8.  A board of county commissioners or county license board may request the criminal history record of a person who petitions the board of county commissioners or county license board for a determination pursuant to subsection 1. To the extent consistent with federal law, if the board of county commissioners or county license board makes such a request of a person, the board of county commissioners or county license board shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the board of county commissioners or county license board for a determination pursuant to subsection 1 shall not submit false or misleading information to the board of county commissioners or county license board.

      10.  A board of county commissioners or county license board shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2908 (CHAPTER 491, AB 319)ê

 

      (a) The number of petitions submitted to a board of county commissioners or county license board pursuant to subsection 1;

      (b) The number of determinations of disqualification made by a board of county commissioners or county license board pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which a board of county commissioners or county license board determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 11. Chapter 361 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining an appraiser’s certificate pursuant to NRS 361.221.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain an appraiser’s certificate from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2909 (CHAPTER 491, AB 319)ê

 

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 12. Chapter 379 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Library, Archives and Public Records Administrator shall develop and implement a process by which a person with a criminal history may petition the State Library, Archives and Public Records Administrator to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certification pursuant to NRS 379.0073.

      2.  Not later than 90 days after a petition is submitted to the State Library, Archives and Public Records Administrator pursuant to subsection 1, the State Library, Archives and Public Records Administrator shall inform the person of the determination of the State Library, Archives and Public Records Administrator of whether the person’s criminal history will disqualify the person from obtaining a certification. The State Library, Archives and Public Records Administrator is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The State Library, Archives and Public Records Administrator may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the State Library, Archives and Public Records Administrator at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certification from the State Library, Archives and Public Records Administrator.

      5.  A person may submit a new petition to the State Library, Archives and Public Records Administrator not earlier than 2 years after the final determination of the initial petition submitted to the State Library, Archives and Public Records Administrator.

      6.  The State Library, Archives and Public Records Administrator may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The State Library, Archives and Public Records Administrator may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2910 (CHAPTER 491, AB 319)ê

 

and Public Records Administrator may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The State Library, Archives and Public Records Administrator may post on its Internet website:

      (a) The requirements to obtain a certification from the State Library, Archives and Public Records Administrator; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certification from the State Library, Archives and Public Records Administrator.

      8.  The State Library, Archives and Public Records Administrator may request the criminal history record of a person who petitions the State Library, Archives and Public Records Administrator for a determination pursuant to subsection 1. To the extent consistent with federal law, if the State Library, Archives and Public Records Administrator makes such a request of a person, the State Library, Archives and Public Records Administrator shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the State Library, Archives and Public Records Administrator for a determination pursuant to subsection 1 shall not submit false or misleading information to the State Library, Archives and Public Records Administrator.

      10.  The State Library, Archives and Public Records Administrator shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the State Library, Archives and Public Records Administrator pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the State Library, Archives and Public Records Administrator pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the State Library, Archives and Public Records Administrator determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 13. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate pursuant to NRS 433.601 to 433.621, inclusive.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2911 (CHAPTER 491, AB 319)ê

 

bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a certification pursuant to NRS 433.601 to 433.621, inclusive, from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certification from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 14. NRS 433.601 is hereby amended to read as follows:

      433.601  As used in NRS 433.601 to 433.621, inclusive, and section 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 433.603 and 433.605 have the meanings ascribed to them in those sections.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2912 (CHAPTER 491, AB 319)ê

 

      Sec. 15. Chapter 435 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate pursuant to this chapter.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a certificate from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2913 (CHAPTER 491, AB 319)ê

 

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 16. Chapter 445B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department of Motor Vehicles shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a qualification to inspect devices for the control of emissions for motor vehicles pursuant to NRS 445B.775.

      2.  Not later than 90 days after a petition is submitted to the Department of Motor Vehicles pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a qualification. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department of Motor Vehicles may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department of Motor Vehicles at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a qualification from the Department.

      5.  A person may submit a new petition to the Department of Motor Vehicles not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department of Motor Vehicles may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department of Motor Vehicles may post on its Internet website:

      (a) The requirements to obtain a qualification from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a qualification from the Department.

      8.  The Department of Motor Vehicles may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2914 (CHAPTER 491, AB 319)ê

 

      9.  A person who petitions the Department of Motor Vehicles for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department of Motor Vehicles shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 17. NRS 445B.790 is hereby amended to read as follows:

      445B.790  1.  The Department of Motor Vehicles shall, by regulation, establish procedures for inspecting authorized inspection stations, authorized stations and fleet stations, and may require the holder of a license for an authorized inspection station, authorized station or fleet station to submit any material or document which is used in the program to control emissions from motor vehicles.

      2.  The Department may deny, suspend or revoke the license of an approved inspector, authorized inspection station, authorized station or fleet station if:

      (a) The approved inspector or the holder of a license for an authorized inspection station, authorized station or fleet station is not complying with the provisions of NRS 445B.700 to 445B.815, inclusive [.] , and section 16 of this act.

      (b) The holder of a license for an authorized inspection station, authorized station or fleet station refuses to furnish the Department with the requested material or document.

      (c) The approved inspector has issued a fraudulent certificate of compliance, whether intentionally or negligently. A “fraudulent certificate” includes, but is not limited to:

             (1) A backdated certificate;

             (2) A postdated certificate; and

             (3) A certificate issued without an inspection.

      (d) The approved inspector does not follow the prescribed test procedure.

      Sec. 18. NRS 445B.845 is hereby amended to read as follows:

      445B.845  1.  A violation of any provision of NRS 445B.700 to 445B.845, inclusive, and section 16 of this act relating to motor vehicles, or any regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445B.700 to 445B.845, inclusive, and section 16 of this act, or any regulation adopted pursuant thereto, must be enforced by any peace officer.

      2.  Satisfactory evidence that the motor vehicle or its equipment conforms to those provisions or regulations, when supplied by the owner of the motor vehicle to the Department of Motor Vehicles within 10 days after the issuance of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of the offense.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2915 (CHAPTER 491, AB 319)ê

 

of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of the offense.

      Sec. 18.5. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 19 and 19.1 of this act.

      Sec. 19. 1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate to operate an intermediary service organization pursuant to NRS 449.431.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a certificate from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2916 (CHAPTER 491, AB 319)ê

 

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 19.1. 1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to NRS 449.029 to 449.2428, inclusive.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a license. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a license pursuant to NRS 449.029 to 449.2428, inclusive, from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2917 (CHAPTER 491, AB 319)ê

 

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 19.2. NRS 449.029 is hereby amended to read as follows:

      449.029  As used in NRS 449.029 to 449.240, inclusive, and section 19.1 of this act, unless the context otherwise requires, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.

      Sec. 19.3. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.029 to 449.2428, inclusive, and section 19.1 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. 19.4. 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 19.1 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 19.1 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.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2918 (CHAPTER 491, AB 319)ê

 

      3.  The Board shall adopt separate regulations for:

      (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

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2919 (CHAPTER 491, AB 319)ê

 

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

      (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.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2920 (CHAPTER 491, AB 319)ê

 

      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. 19.5. NRS 449.080 is hereby amended to read as follows:

      449.080  1.  If, after investigation, the Division finds that the:

      (a) Applicant is in full compliance with the provisions of NRS 449.029 to 449.2428, inclusive [;] , and section 19.1 of this act;

      (b) Applicant is in substantial compliance with the standards and regulations adopted by the Board;

      (c) Applicant, if he or she has undertaken a project for which approval is required pursuant to NRS 439A.100, has obtained the approval of the Director of the Department of Health and Human Services; and

      (d) Facility conforms to the applicable zoning regulations,

Ê the Division shall issue the license to the applicant.

      2.  A license applies only to the person to whom it is issued, is valid only for the premises described in the license and is not transferable.

      Sec. 19.6. NRS 449.089 is hereby amended to read as follows:

      449.089  1.  Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, and section 19.1 of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, and section 19.1 of this act or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or

      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv) which accepts payment through Medicare, a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, a peer support recovery organization, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs must include, without limitation, a statement that the facility, hospital, agency, program, pool, organization or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2921 (CHAPTER 491, AB 319)ê

 

facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of abuse of alcohol or drugs must include, without limitation, a statement that the facility, hospital, agency, program, pool, organization or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.

      3.  Each reapplication for an agency to provide personal care services in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a peer support recovery organization, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency, pool, organization or home are in compliance with the provisions of NRS 449.093.

      Sec. 19.7. 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 19.1 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 19.1 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 19.1 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.

      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:

      (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;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2922 (CHAPTER 491, AB 319)ê

 

      (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. 19.8. 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 19.1 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 19.1 of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      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 19.1 of this act, 449.435 to 449.531, inclusive, 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.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2923 (CHAPTER 491, AB 319)ê

 

and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

      Sec. 19.9. NRS 449.240 is hereby amended to read as follows:

      449.240  The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and section 19.1 of this act.

      Sec. 20. NRS 449.4304 is hereby amended to read as follows:

      449.4304  As used in NRS 449.4304 to 449.4339, inclusive, and section 19 of this act, unless the context otherwise requires, “intermediary service organization” means a nongovernmental entity that provides services authorized pursuant to NRS 449.4308 for a person with a disability or other responsible person.

      Sec. 21. NRS 449.431 is hereby amended to read as follows:

      449.431  1.  Except as otherwise provided in subsection 2, a person shall not operate or maintain in this State an intermediary service organization without first obtaining a certificate to operate an intermediary service organization as provided in NRS 449.4304 to 449.4339, inclusive [.] , and section 19 of this act.

      2.  A person who is licensed to operate an agency to provide personal care services in the home pursuant to this chapter is not required to obtain a certificate to operate an intermediary service organization as described in this section.

      3.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 22. NRS 449.4321 is hereby amended to read as follows:

      449.4321  The Division may deny an application for a certificate to operate an intermediary service organization or may suspend or revoke any certificate issued under the provisions of NRS 449.4304 to 449.4339, inclusive, and section 19 of this act upon any of the following grounds:

      1.  Violation by the applicant or the holder of a certificate of any of the provisions of NRS 449.4304 to 449.4339, inclusive, and section 19 of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      2.  Aiding, abetting or permitting the commission of any illegal act.

      3.  Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the operation of an intermediary service organization.

      4.  Conduct or practice detrimental to the health or safety of a person under contract with or employees of the intermediary service organization.

      Sec. 23. NRS 449.4335 is hereby amended to read as follows:

      449.4335  1.  If an intermediary service organization violates any provision related to its certification, including, without limitation, any provision of NRS 449.4304 to 449.4339, inclusive, and section 19 of this act, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.4336, may, as it deems appropriate:

      (a) Prohibit the intermediary service organization from providing services pursuant to NRS 449.4308 until it determines that the intermediary service organization has corrected the violation;

      (b) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2924 (CHAPTER 491, AB 319)ê

 

      (c) Appoint temporary management to oversee the operation of the intermediary service organization and to ensure the health and safety of the persons for whom the intermediary service organization performs services, until:

             (1) It determines that the intermediary service organization 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 intermediary service organization fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Division may:

      (a) Suspend the certificate to operate an intermediary service organization which is held by the intermediary service organization 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 intermediary service organization that violates any provision of NRS 449.4304 to 449.4339, inclusive, and section 19 of this act, or any condition, standard or regulation adopted by the Board, to make any improvements necessary to correct the violation.

      4.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the persons for whom the intermediary service organization performs services in accordance with applicable federal standards.

      Sec. 24. NRS 449.4338 is hereby amended to read as follows:

      449.4338  1.  Except as otherwise provided in subsection 2 of NRS 449.431, the Division may bring an action in the name of the State to enjoin any person from operating or maintaining an intermediary service organization within the meaning of NRS 449.4304 to 449.4339, inclusive [:] , and section 19 of this act:

      (a) Without first obtaining a certificate to operate an intermediary service organization; or

      (b) After the person’s certificate 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 the intermediary service organization without a certificate.

      Sec. 25. Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The health authority shall develop and implement a process by which a person with a criminal history may petition the health authority to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license as an attendant or firefighter or a certificate pursuant to NRS 450B.160.

      2.  Not later than 90 days after a petition is submitted to the health authority pursuant to subsection 1, the health authority shall inform the person of the determination of the health authority of whether the person’s criminal history will disqualify the person from obtaining a license or certificate. The health authority is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2925 (CHAPTER 491, AB 319)ê

 

      3.  The health authority may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the health authority at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license or certificate from the health authority.

      5.  A person may submit a new petition to the health authority not earlier than 2 years after the final determination of the initial petition submitted to the health authority.

      6.  The health authority may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The health authority may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The health authority may post on its Internet website:

      (a) The requirements to obtain a license or certificate from the health authority; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license or certificate from the health authority.

      8.  The health authority may request the criminal history record of a person who petitions the health authority for a determination pursuant to subsection 1. To the extent consistent with federal law, if the health authority makes such a request of a person, the health authority shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the health authority for a determination pursuant to subsection 1 shall not submit false or misleading information to the health authority.

      10.  The health authority shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the health authority pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the health authority pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the health authority determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 26. Chapter 453A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate pursuant to this chapter.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2926 (CHAPTER 491, AB 319)ê

 

will disqualify the person from obtaining a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate pursuant to this chapter.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a medical marijuana establishment agent registration card or medical marijuana establishment registration certificate from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain a medical marijuana establishment agent registration card and a medical marijuana establishment registration certificate from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a medical marijuana establishment agent registration card or a medical marijuana establishment registration certificate from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2927 (CHAPTER 491, AB 319)ê

 

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 27. NRS 453A.344 is hereby amended to read as follows:

      453A.344  1.  Except as otherwise provided in subsection 2, the Department shall collect not more than the following maximum fees:

 

For the initial issuance of a medical marijuana establishment registration certificate for a medical marijuana dispensary........................................................................................................ $30,000

For the renewal of a medical marijuana establishment registration certificate for a medical marijuana dispensary  5,000

For the initial issuance of a medical marijuana establishment registration certificate for a cultivation facility   3,000

For the renewal of a medical marijuana establishment registration certificate for a cultivation facility   1,000

For the initial issuance of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.................... 3,000

For the renewal of a medical marijuana establishment registration certificate for a facility for the production of edible marijuana products or marijuana-infused products.................... 1,000

For each person identified in an application for the initial issuance of a medical marijuana establishment agent registration card.......................................................................................................... 75

For each person identified in an application for the renewal of a medical marijuana establishment agent registration card................................................................................................................. 75

For the initial issuance of a medical marijuana establishment registration certificate for an independent testing laboratory............................................................................................................ 5,000

For the renewal of a medical marijuana establishment registration certificate for an independent testing laboratory   3,000

 

      2.  In addition to the fees described in subsection 1, each applicant for a medical marijuana establishment registration certificate must pay to the Department:

      (a) A one-time, nonrefundable application fee of $5,000; and

      (b) The actual costs incurred by the Department in processing the application, including, without limitation, conducting background checks.

      3.  Any revenue generated from the fees imposed pursuant to this section:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2928 (CHAPTER 491, AB 319)ê

 

      (a) Must be expended first to pay the costs of the Department in carrying out the provisions of NRS 453A.320 to 453A.370, inclusive [;] , and section 26 of this act; and

      (b) If any excess revenue remains after paying the costs described in paragraph (a), such excess revenue must be paid over to the State Treasurer to be deposited to the credit of the State Distributive School Account in the State General Fund.

      Sec. 28. Chapter 455C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate as a boiler inspector or elevator mechanic pursuant to NRS 455C.110.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a certificate from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2929 (CHAPTER 491, AB 319)ê

 

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 29. Chapter 457 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate of authorization to operate a radiation machine for mammography pursuant to NRS 457.183.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a certificate from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2930 (CHAPTER 491, AB 319)ê

 

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 30. NRS 457.182 is hereby amended to read as follows:

      457.182  As used in NRS 457.182 to 457.187, inclusive, and section 29 of this act, unless the context otherwise requires:

      1.  “Mammography” means radiography of the breast to enable a physician to determine the presence, size, location and extent of cancerous or potentially cancerous tissue in the breast.

      2.  “Radiation” means radiant energy which exceeds normal background levels and which is used in radiography.

      3.  “Radiography” means the making of a film or other record of an internal structure of the body by passing X-rays or gamma rays through the body to act on film or other receptor of images.

      Sec. 31. NRS 457.187 is hereby amended to read as follows:

      457.187  1.  The Division may impose an administrative fine, not to exceed $5,000, against the owner, lessee or other person responsible for a radiation machine for mammography for a violation of the provisions of NRS 457.182 to 457.186, inclusive, and section 29 of this act, or for a violation of a regulation adopted pursuant thereto.

      2.  Any money collected as a result of an administrative fine imposed pursuant to subsection 1 must be deposited in the State General Fund.

      Sec. 32. Chapter 458 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate as a detoxification technician pursuant to NRS 458.025.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2931 (CHAPTER 491, AB 319)ê

 

not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a certification from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certification from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Secs. 33-35. (Deleted by amendment.)

      Sec. 36. Chapter 477 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Fire Marshal shall develop and implement a process by which a person with a criminal history may petition the State Fire Marshal to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate of registration as a fire performer or apprentice fire performer pursuant to NRS 477.223.

      2.  Not later than 90 days after a petition is submitted to the State Fire Marshal pursuant to subsection 1, the State Fire Marshal shall inform the person of the determination of the State Fire Marshal of whether the person’s criminal history will disqualify the person from obtaining a certificate of registration.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2932 (CHAPTER 491, AB 319)ê

 

person’s criminal history will disqualify the person from obtaining a certificate of registration. The State Fire Marshal is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The State Fire Marshal may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the State Fire Marshal at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the State Fire Marshal.

      5.  A person may submit a new petition to the State Fire Marshal not earlier than 2 years after the final determination of the initial petition submitted to the State Fire Marshal.

      6.  The State Fire Marshal may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The State Fire Marshal may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The State Fire Marshal may post on its Internet website:

      (a) The requirements to obtain a certificate from the State Fire Marshal; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the State Fire Marshal.

      8.  The State Fire Marshal may request the criminal history record of a person who petitions the State Fire Marshal for a determination pursuant to subsection 1. To the extent consistent with federal law, if the State Fire Marshal makes such a request of a person, the State Fire Marshal shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the State Fire Marshal for a determination pursuant to subsection 1 shall not submit false or misleading information to the State Fire Marshal.

      10.  The State Fire Marshal shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the State Fire Marshal pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the State Fire Marshal pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the State Fire Marshal determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2933 (CHAPTER 491, AB 319)ê

 

      Sec. 37. NRS 477.220 is hereby amended to read as follows:

      477.220  As used in NRS 477.220 to 477.226, inclusive, and section 36 of this act, unless the context otherwise requires, the words and terms defined in NRS 477.221 and 477.222 have the meanings ascribed to them in those sections.

      Sec. 38. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to this chapter.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a license. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain a license from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2934 (CHAPTER 491, AB 319)ê

 

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Secs. 39-42. (Deleted by amendment.)

      Sec. 43. Chapter 487 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to this chapter.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a license. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain a license from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2935 (CHAPTER 491, AB 319)ê

 

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 44. Chapter 489 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to this chapter.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a license. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a license from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2936 (CHAPTER 491, AB 319)ê

 

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 45. Chapter 490 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to NRS 490.200 or a temporary permit.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a license or temporary permit. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license or temporary permit from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain a license or temporary permit from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license or temporary permit from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2937 (CHAPTER 491, AB 319)ê

 

To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 46. NRS 490.510 is hereby amended to read as follows:

      490.510  1.  The Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 490.0827, 490.125 and 490.150 to 490.520, inclusive, and section 45 of this act, or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the Revolving Account for the Administration of Off-Highway Vehicle Titling and Registration created by NRS 490.085.

      3.  In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of this chapter and any rule, regulation or order adopted or issued pursuant thereto by injunction or other appropriate remedy, and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 47. Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license to practice taxidermy pursuant to NRS 502.370.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a license. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2938 (CHAPTER 491, AB 319)ê

 

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain a license from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 48. Chapter 503 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a falconry license pursuant to NRS 503.583.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a falconry license.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2939 (CHAPTER 491, AB 319)ê

 

determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a falconry license. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a falconry license from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain a falconry license from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a falconry license from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 49. Chapter 504 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a master guide license or subguide license pursuant to NRS 504.390.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2940 (CHAPTER 491, AB 319)ê

 

criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a master guide license or subguide license pursuant to NRS 504.390.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a license. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain a license from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2941 (CHAPTER 491, AB 319)ê

 

      Sec. 50. Chapter 505 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a fur dealer’s license pursuant to NRS 502.240.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a license. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain a license from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2942 (CHAPTER 491, AB 319)ê

 

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 51. Chapter 534 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Engineer shall develop and implement a process by which a person with a criminal history may petition the State Engineer to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license to drill pursuant to NRS 534.140.

      2.  Not later than 90 days after a petition is submitted to the State Engineer pursuant to subsection 1, the State Engineer shall inform the person of the determination of the State Engineer of whether the person’s criminal history will disqualify the person from obtaining a license. The State Engineer is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The State Engineer may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the State Engineer at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the State Engineer.

      5.  A person may submit a new petition to the State Engineer not earlier than 2 years after the final determination of the initial petition submitted to the State Engineer.

      6.  The State Engineer may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The State Engineer may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The State Engineer may post on its Internet website:

      (a) The requirements to obtain a license from the State Engineer; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the State Engineer.

      8.  The State Engineer may request the criminal history record of a person who petitions the State Engineer for a determination pursuant to subsection 1. To the extent consistent with federal law, if the State Engineer makes such a request of a person, the State Engineer shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the State Engineer for a determination pursuant to subsection 1 shall not submit false or misleading information to the State Engineer.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2943 (CHAPTER 491, AB 319)ê

 

      10.  The State Engineer shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the State Engineer pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the State Engineer pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the State Engineer determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 52. NRS 534.190 is hereby amended to read as follows:

      534.190  Any person violating any of the provisions of NRS 534.010 to 534.180, inclusive, and section 51 of this act shall be guilty of a misdemeanor.

      Sec. 53. Chapter 544 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall develop and implement a process by which a person with a criminal history may petition the Director to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license and a permit pursuant to NRS 544.120.

      2.  Not later than 90 days after a petition is submitted to the Director pursuant to subsection 1, the Director shall inform the person of the determination of the Director of whether the person’s criminal history will disqualify the person from obtaining a license and a permit. The Director is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Director may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Director at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license and a permit from the Director.

      5.  A person may submit a new petition to the Director not earlier than 2 years after the final determination of the initial petition submitted to the Director.

      6.  The Director may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Director may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Director may post on its Internet website:

      (a) The requirements to obtain a license and a permit from the Director; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license and a permit from the Director.

      8.  The Director may request the criminal history record of a person who petitions the Director for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Director makes such a request of a person, the Director shall require the person to submit his or her criminal history record which includes a report from:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2944 (CHAPTER 491, AB 319)ê

 

the extent consistent with federal law, if the Director makes such a request of a person, the Director shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Director for a determination pursuant to subsection 1 shall not submit false or misleading information to the Director.

      10.  The Director of the State Department of Conservation and Natural Resources shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director of the Legislative Counsel Bureau, a report that includes:

      (a) The number of petitions submitted to the Director of the State Department of Conservation and Natural Resources pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Director of the State Department of Conservation and Natural Resources pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the Director of the State Department of Conservation and Natural Resources determines would be helpful.

      11.  The Director of the Legislative Counsel Bureau shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 54. NRS 544.070 is hereby amended to read as follows:

      544.070  As used in NRS 544.070 to 544.240, inclusive, and section 53 of this act, unless the context requires otherwise:

      1.  “Director” means the Director of the State Department of Conservation and Natural Resources.

      2.  “Operation” means:

      (a) The performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year; or

      (b) If the performance of weather modification and control activities is to be undertaken individually or jointly by a person or persons to be benefited and not undertaken pursuant to a contract, the performance of weather modification and control activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year.

      3.  “Research and development” means theoretical analysis, exploration and experimentation and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials and processes.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2945 (CHAPTER 491, AB 319)ê

 

      4.  “Weather modification and control” means changing or controlling, or attempting to change or control, by artificial methods the natural development of any or all atmospheric cloud forms or precipitation forms which occur in the troposphere.

      Sec. 55. NRS 544.220 is hereby amended to read as follows:

      544.220  1.  The Director may suspend or revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary for the issuance of a new license or permit. The Director may suspend or revoke any license or permit if it appears that the licensee has violated any of the provisions of NRS 544.070 to 544.240, inclusive [.] , and section 53 of this act. Such suspension or revocation shall occur only after notice to the licensee and a reasonable opportunity granted such licensee to be heard respecting the grounds for the proposed suspension or revocation. The Director may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any provisions of NRS 544.070 to 544.240, inclusive [.] , and section 53 of this act.

      2.  The Director may modify the terms of a permit after issuance thereof if the licensee is first given notice and a reasonable opportunity for a hearing respecting the grounds for the proposed modification and if it appears to the Director that it is necessary for the protection of the health or the property of any person to make the modification proposed.

      Sec. 56. NRS 544.240 is hereby amended to read as follows:

      544.240  Any person violating any of the provisions of NRS 544.070 to 544.240, inclusive, and section 53 of this act, or any lawful regulation or order issued pursuant thereto shall be guilty of a misdemeanor and a continuing violation is punishable as a separate offense for each day during which it occurs.

      Sec. 57. Chapter 555 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall develop and implement a process by which a person with a criminal history may petition the Director to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license as a government applicator pursuant to NRS 555.2772 or a business license or license as an applicator pursuant to NRS 555.290.

      2.  Not later than 90 days after a petition is submitted to the Director pursuant to subsection 1, the Director shall inform the person of the determination of the Director of whether the person’s criminal history will disqualify the person from obtaining a license. The Director is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Director may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Director at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Director.

      5.  A person may submit a new petition to the Director not earlier than 2 years after the final determination of the initial petition submitted to the Director.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2946 (CHAPTER 491, AB 319)ê

 

      6.  The Director may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Director may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Director may post on its Internet website:

      (a) The requirements to obtain a license from the Director; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Director.

      8.  The Director may request the criminal history record of a person who petitions the Director for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Director makes such a request of a person, the Director shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Director for a determination pursuant to subsection 1 shall not submit false or misleading information to the Director.

      10.  The Director of the State Department of Agriculture shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Director of the State Department of Agriculture pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Director of the State Department of Agriculture pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the Director of the State Department of Agriculture determines would be helpful.

      11.  The Director of the Legislative Counsel Bureau shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 58. NRS 555.2605 is hereby amended to read as follows:

      555.2605  As used in NRS 555.2605 to 555.460, inclusive, and section 57 of this act, unless the context otherwise requires, the words and terms defined in NRS 555.261 to 555.2695, inclusive, have the meanings ascribed to them in those sections.

      Sec. 59. NRS 555.273 is hereby amended to read as follows:

      555.273  All state agencies, municipal corporations and public utilities or any other governmental agency and any government applicator is subject to the provisions of NRS 555.2605 to 555.460, inclusive, and section 57 of this act, and rules adopted thereunder concerning the application of restricted-use pesticides by any person.

      Sec. 60. NRS 555.350 is hereby amended to read as follows:

      555.350  1.  The Director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke, suspend or modify any business license or license issued to an applicator or government applicator under NRS 555.2605 to 555.460, inclusive, and section 57 of this act if the Director finds that:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2947 (CHAPTER 491, AB 319)ê

 

      (a) The licensee is no longer qualified;

      (b) The licensee has engaged in fraudulent business practices in pest control;

      (c) The licensee has made false or fraudulent claims through any media by misrepresenting the effect of materials or methods to be used;

      (d) The licensee has applied known ineffective or improper materials;

      (e) The licensee has operated faulty or unsafe equipment;

      (f) The licensee has made any application of materials in a manner inconsistent with labeling or any restriction imposed by regulation of the Director, or otherwise in a faulty, careless or negligent manner;

      (g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, and section 57 of this act, or regulations adopted pursuant thereto;

      (h) The licensee has engaged in the business of pest control without having a licensed agent, operator, primary principal or principal in direct on-the-job supervision;

      (i) The licensee has aided or abetted a licensed or an unlicensed person to evade the provisions of NRS 555.2605 to 555.460, inclusive, and section 57 of this act, combined or conspired with such a licensee or an unlicensed person to evade the provisions, or allowed the license to be used by an unlicensed person;

      (j) The licensee was intentionally guilty of fraud or deception in the procurement of the license;

      (k) The licensee was intentionally guilty of fraud, falsification or deception in the issuance of an inspection report on wood-destroying pests or other report or record required by regulation;

      (l) The licensee has been convicted of, or entered a plea of nolo contendere to, a category A or B felony or a category C, D or E felony if the conviction occurred or the plea was entered for the category C, D or E felony during the immediately preceding 10 years in any court of competent jurisdiction in the United States or any other country; or

      (m) The licensee has failed to provide adequate instruction or supervision to any unlicensed employee working under the supervision of the licensee.

      2.  A business license and any license issued to a principal of the business as an applicator is suspended automatically, without action of the Director, if the proof of public liability and property damage or drift insurance filed pursuant to NRS 555.330 is cancelled, and the licenses remain suspended until the insurance is re-established.

      3.  If the licensee is a natural person, any licensee against whom the Director initiates disciplinary action pursuant to this section shall, within 30 days after receiving written notice of the disciplinary action from the Director and in accordance with any regulations adopted by the Department, submit to the Director any document or other information required by the Department to perform a background check of the licensee. Any document or other information submitted pursuant to this subsection must be accompanied by the appropriate fees, if any, specified in regulations adopted by the Department for performing the background check. A willful failure of a licensee to comply with the requirements of this subsection constitutes an additional ground for the revocation, suspension or modification of the license pursuant to this section.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2948 (CHAPTER 491, AB 319)ê

 

      Sec. 61. NRS 555.460 is hereby amended to read as follows:

      555.460  Any person violating the provisions of NRS 555.2605 to 555.420, inclusive, and section 57 of this act, or the regulations adopted pursuant thereto, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $5,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

      Sec. 62. NRS 555.470 is hereby amended to read as follows:

      555.470  1.  The Director shall adopt regulations specifying a schedule of fines which may be imposed, upon notice and a hearing, for each violation of the provisions of NRS 555.2605 to 555.460, inclusive [.] , and section 57 of this act. The maximum fine that may be imposed by the Director for each violation must not exceed $5,000 per day. All fines collected by the Director pursuant to this subsection must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.

      2.  The Director may:

      (a) In addition to imposing a fine pursuant to subsection 1, issue an order requiring a violator to take appropriate action to correct the violation; or

      (b) Request the district attorney of the appropriate county to investigate or file a criminal complaint against any person that the State Board of Agriculture suspects may have violated any provision of NRS 555.2605 to 555.460, inclusive [.] , and section 57 of this act.

      Sec. 63. Chapter 557 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from registering as a grower, handler or producer pursuant to NRS 557.200.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from registration. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2949 (CHAPTER 491, AB 319)ê

 

      7.  The Department may post on its Internet website:

      (a) The requirements to register with the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 64. NRS 557.100 is hereby amended to read as follows:

      557.100  As used in NRS 557.100 to 557.290, inclusive, and section 63 of this act, unless the context otherwise requires, the words and terms defined in NRS 557.110 to 557.180, inclusive, have the meanings ascribed to them in those sections.

      Sec. 65. NRS 557.190 is hereby amended to read as follows:

      557.190  The provisions of NRS 557.100 to 557.290, inclusive, and section 63 of this act do not apply to the Department or an institution of higher education which grows or cultivates industrial hemp pursuant to NRS 557.010 to 557.080, inclusive.

      Sec. 66. NRS 557.280 is hereby amended to read as follows:

      557.280  1.  The Department may refuse to issue or renew, suspend or revoke the registration of a grower, handler or producer for a violation of any provision of NRS 557.100 to 557.290, inclusive, and section 63 of this act, the regulations adopted pursuant thereto or any lawful order of the Department.

      2.  In addition to any other penalty provided by law, the Department may impose an administrative fine on any person who violates any of the provisions of NRS 557.100 to 557.290, inclusive, and section 63 of this act, the regulations adopted pursuant thereto or any lawful order of the Department in an amount not to exceed $2,500.

      3.  All fines collected by the Department pursuant to subsection 2 must be deposited with the State Treasurer for credit to the State General Fund.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2950 (CHAPTER 491, AB 319)ê

 

      Sec. 67. Chapter 576 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license as a broker, dealer, commission merchant or agent pursuant to NRS 576.030.

      2.  Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a license. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Department.

      5.  A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.

      6.  The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Department may post on its Internet website:

      (a) The requirements to obtain a license from the Department; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Department.

      8.  The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.

      10.  The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Department pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Department pursuant to subsection 1;

      (c) The reasons for such determinations; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2951 (CHAPTER 491, AB 319)ê

 

      (d) Any other information that is requested by the Director or which the Department determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 68. Chapter 581 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Sealer of Consumer Equitability shall develop and implement a process by which a person with a criminal history may petition the State Sealer of Consumer Equitability to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate of registration pursuant to NRS 581.103.

      2.  Not later than 90 days after a petition is submitted to the State Sealer of Consumer Equitability pursuant to subsection 1, the State Sealer of Consumer Equitability shall inform the person of the determination of the State Sealer of Consumer Equitability of whether the person’s criminal history will disqualify the person from obtaining a certificate of registration. The State Sealer of Consumer Equitability is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The State Sealer of Consumer Equitability may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the State Sealer of Consumer Equitability at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate of registration from the State Sealer of Consumer Equitability.

      5.  A person may submit a new petition to the State Sealer of Consumer Equitability not earlier than 2 years after the final determination of the initial petition submitted to the State Sealer of Consumer Equitability.

      6.  The State Sealer of Consumer Equitability may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The State Sealer of Consumer Equitability may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The State Sealer of Consumer Equitability may post on its Internet website:

      (a) The requirements to obtain a certificate of registration from the State Sealer of Consumer Equitability; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate of registration from the State Sealer of Consumer Equitability.

      8.  The State Sealer of Consumer Equitability may request the criminal history record of a person who petitions the State Sealer of Consumer Equitability for a determination pursuant to subsection 1. To the extent consistent with federal law, if the State Sealer of Equitability makes such a request of a person, the State Sealer of Equitability shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2952 (CHAPTER 491, AB 319)ê

 

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the State Sealer of Consumer Equitability for a determination pursuant to subsection 1 shall not submit false or misleading information to the State Sealer of Consumer Equitability.

      10.  The State Sealer of Consumer Equitability shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the State Sealer of Consumer Equitability pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the State Sealer of Consumer Equitability pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the State Sealer of Consumer Equitability determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 69. Chapter 582 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Sealer of Consumer Equitability shall develop and implement a process by which a person with a criminal history may petition the State Sealer of Consumer Equitability to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license as a public weighmaster pursuant to NRS 582.028.

      2.  Not later than 90 days after a petition is submitted to the State Sealer of Consumer Equitability pursuant to subsection 1, the State Sealer of Consumer Equitability shall inform the person of the determination of the State Sealer of Consumer Equitability of whether the person’s criminal history will disqualify the person from obtaining a license. The State Sealer of Consumer Equitability is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The State Sealer of Consumer Equitability may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the State Sealer of Consumer Equitability at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the State Sealer of Consumer Equitability.

      5.  A person may submit a new petition to the State Sealer of Consumer Equitability not earlier than 2 years after the final determination of the initial petition submitted to the State Sealer of Consumer Equitability.

      6.  The State Sealer of Consumer Equitability may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The State Sealer of Consumer Equitability may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2953 (CHAPTER 491, AB 319)ê

 

      7.  The State Sealer of Consumer Equitability may post on its Internet website:

      (a) The requirements to obtain a license from the State Sealer of Consumer Equitability; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the State Sealer of Consumer Equitability.

      8.  The State Sealer of Consumer Equitability may request the criminal history record of a person who petitions the State Sealer of Consumer Equitability for a determination pursuant to subsection 1. To the extent consistent with federal law, if the State Sealer of Consumer Equitability makes such a request of a person, the State Sealer of Consumer Equitability shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the State Sealer of Consumer Equitability for a determination pursuant to subsection 1 shall not submit false or misleading information to the State Sealer of Consumer Equitability.

      10.  The State Sealer of Consumer Equitability shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the State Sealer of Consumer Equitability pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the State Sealer of Consumer Equitability pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the State Sealer of Consumer Equitability determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 70. Chapter 584 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall develop and implement a process by which a person with a criminal history may petition the Director to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a milk tester’s license pursuant to NRS 584.215.

      2.  Not later than 90 days after a petition is submitted to the Director pursuant to subsection 1, the Director shall inform the person of the determination of the Director of whether the person’s criminal history will disqualify the person from obtaining a license. The Director is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Director may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2954 (CHAPTER 491, AB 319)ê

 

      4.  A person with a criminal history may petition the Director at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Director.

      5.  A person may submit a new petition to the Director not earlier than 2 years after the final determination of the initial petition submitted to the Director.

      6.  The Director may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Director may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Director may post on its Internet website:

      (a) The requirements to obtain a license from the Director; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Director.

      8.  The Director may request the criminal history record of a person who petitions the Director for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Director makes such a request of a person, the Director shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Director for a determination pursuant to subsection 1 shall not submit false or misleading information to the Director.

      10.  The Director of the State Department of Agriculture shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Director of the State Department of Agriculture pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Director of the State Department of Agriculture pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the Director of the State Department of Agriculture determines would be helpful.

      11.  The Director of the Legislative Counsel Bureau shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 71. NRS 584.285 is hereby amended to read as follows:

      584.285  Any person violating any provision of NRS 584.215 to 584.285, inclusive, and section 70 of this act shall be guilty of a misdemeanor.

      Sec. 72. Chapter 587 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall develop and implement a process by which a person with a criminal history may petition the Director to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license or registration pursuant to this chapter.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2955 (CHAPTER 491, AB 319)ê

 

      2.  Not later than 90 days after a petition is submitted to the Director pursuant to subsection 1, the Director shall inform the person of the determination of the Director of whether the person’s criminal history will disqualify the person from obtaining a license or registration. The Director is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Director may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Director at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license or registration from the Director.

      5.  A person may submit a new petition to the Director not earlier than 2 years after the final determination of the initial petition submitted to the Director.

      6.  The Director may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Director may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Director may post on its Internet website:

      (a) The requirements to obtain a license or registration from the Director; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license or registration from the Director.

      8.  The Director may request the criminal history record of a person who petitions the Director for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Director makes such a request of a person, the Director shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Director for a determination pursuant to subsection 1 shall not submit false or misleading information to the Director.

      10.  The Director of the State Department of Agriculture shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director of the Legislative Counsel Bureau, a report that includes:

      (a) The number of petitions submitted to the Director of the State Department of Agriculture pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Director of the State Department of Agriculture pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the Director of the State Department of Agriculture determines would be helpful.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2956 (CHAPTER 491, AB 319)ê

 

      11.  The Director of the Legislative Counsel Bureau shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 73. Chapter 599A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of county commissioners of any county and the governing body of an incorporated city shall develop and implement a process by which a person with a criminal history may petition the board of county commissioners of any county and the governing body of an incorporated city to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to NRS 599A.050.

      2.  Not later than 90 days after a petition is submitted to the board of county commissioners of any county and the governing body of an incorporated city pursuant to subsection 1, the board of county commissioners of any county and the governing body of an incorporated city shall inform the person of the determination of the board of county commissioners of any county and the governing body of an incorporated city of whether the person’s criminal history will disqualify the person from obtaining a license. The board of county commissioners of any county and the governing body of an incorporated city is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The board of county commissioners of any county and the governing body of an incorporated city may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the board of county commissioners of any county and the governing body of an incorporated city at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the board of county commissioners of any county and the governing body of an incorporated city.

      5.  A person may submit a new petition to the board of county commissioners of any county and the governing body of an incorporated city not earlier than 2 years after the final determination of the initial petition submitted to the board of county commissioners of any county and the governing body of an incorporated city.

      6.  The board of county commissioners of any county and the governing body of an incorporated city may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The board of county commissioners of any county and the governing body of an incorporated city may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The board of county commissioners of any county and the governing body of an incorporated city may post on its Internet website:

      (a) The requirements to obtain a license from the board of county commissioners or the governing body, as applicable; and

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2957 (CHAPTER 491, AB 319)ê

 

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the board of county commissioners of any county and the governing body of an incorporated city, as applicable.

      8.  The board of county commissioners of any county and the governing body of an incorporated city may request the criminal history record of a person who petitions the board of county commissioners or the governing body, as applicable, for a determination pursuant to subsection 1. To the extent consistent with federal law, if the board of county commissioners or governing body, as applicable, makes such a request of a person, the board of county commissioners or governing body, as applicable, shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the board of county commissioners of any county and the governing body of an incorporated city for a determination pursuant to subsection 1 shall not submit false or misleading information to the board of county commissioners or governing body, as applicable.

      10.  The board of county commissioners of any county and the governing body of an incorporated city shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the board of county commissioners of any county and the governing body of an incorporated city pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the board of county commissioners of any county and the governing body of an incorporated city pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the board of county commissioners of any county and the governing body of an incorporated city determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 74. Chapter 599B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a registration pursuant to NRS 599B.080.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a registration. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2958 (CHAPTER 491, AB 319)ê

 

disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a registration from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a registration from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a registration from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 75. Chapter 618 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license or certification pursuant to this chapter.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a license or certification. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2959 (CHAPTER 491, AB 319)ê

 

is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license or certification from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a license or certification from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license or certification from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 76. Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Authority shall develop and implement a process by which a person with a criminal history may petition the Authority to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a driver’s permit pursuant to NRS 706.462.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2960 (CHAPTER 491, AB 319)ê

 

criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a driver’s permit pursuant to NRS 706.462.

      2.  Not later than 90 days after a petition is submitted to the Authority pursuant to subsection 1, the Authority shall inform the person of the determination of the Authority of whether the person’s criminal history will disqualify the person from obtaining a driver’s permit. The Authority is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

      3.  The Authority may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Authority at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a driver’s permit from the Authority.

      5.  A person may submit a new petition to the Authority not earlier than 2 years after the final determination of the initial petition submitted to the Authority.

      6.  The Authority may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Authority may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Authority may post on its Internet website:

      (a) The requirements to obtain a driver’s permit from the Authority; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a driver’s permit from the Authority.

      8.  The Authority may request the criminal history record of a person who petitions the Authority for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Authority makes such a request of a person, the Authority shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Authority for a determination pursuant to subsection 1 shall not submit false or misleading information to the Authority.

      10.  The Authority shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Authority pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Authority pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Authority determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2961 (CHAPTER 491, AB 319)ê

 

      Sec. 77. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and section 76 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

      Sec. 78. NRS 706.158 is hereby amended to read as follows:

      706.158  The provisions of NRS 706.011 to 706.791, inclusive, and section 76 of this act relating to brokers do not apply to any person whom the Authority determines is:

      1.  A motor club which holds a valid certificate of authority issued by the Commissioner of Insurance;

      2.  A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes; or

      3.  A broker of transportation services provided by an entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421.

      Sec. 79. NRS 706.163 is hereby amended to read as follows:

      706.163  The provisions of NRS 706.011 to 706.861, inclusive, and section 76 of this act do not apply to vehicles leased to or owned by:

      1.  The Federal Government or any instrumentality thereof.

      2.  Any state or a political subdivision thereof.

      Sec. 80. NRS 706.2885 is hereby amended to read as follows:

      706.2885  1.  A certificate of public convenience and necessity, permit or license issued in accordance with this chapter is not a franchise and may be revoked.

      2.  The Authority may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, and section 76 of this act for a period not to exceed 60 days.

      3.  Upon receipt of a written complaint or on its own motion, the Authority may, after investigation and hearing, revoke any certificate, permit or license. If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes the grantee’s interest in the certificate, permit or license by so notifying the Authority in writing, the Authority may revoke the certificate, permit or license without a hearing.

      4.  Except as otherwise provided in NRS 706.1519, the proceedings thereafter are governed by the provisions of chapter 233B of NRS.

      Sec. 81. NRS 706.461 is hereby amended to read as follows:

      706.461  When:

      1.  A complaint has been filed with the Authority alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract carrier’s permit as required by NRS 706.011 to 706.791, inclusive [;] , and section 76 of this act; or

      2.  The Authority has reason to believe that any:

      (a) Person is advertising to provide:

             (1) The services of a fully regulated carrier in intrastate commerce; or

             (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or permit in each advertisement; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2962 (CHAPTER 491, AB 319)ê

 

      (b) Provision of NRS 706.011 to 706.791, inclusive, and section 76 of this act is being violated,

Ê the Authority shall investigate the operations or advertising and may, after a hearing, order the owner or operator of the vehicle or the person advertising to cease and desist from any operation or advertising in violation of NRS 706.011 to 706.791, inclusive [.] , and section 76 of this act. The Authority shall enforce compliance with the order pursuant to the powers vested in the Authority by NRS 706.011 to 706.791, inclusive, and section 76 of this act or by other law.

      Sec. 82. NRS 706.736 is hereby amended to read as follows:

      706.736  1.  Except as otherwise provided in subsection 2, the provisions of NRS 706.011 to 706.791, inclusive, and section 76 of this act do not apply to:

      (a) The transportation by a contractor licensed by the State Contractors’ Board of the contractor’s own equipment in the contractor’s own vehicles from job to job.

      (b) Any person engaged in transporting the person’s own personal effects in the person’s own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by the person in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

      (c) Special mobile equipment.

      (d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.

      (e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

      (f) A private motor carrier of property which is used to attend livestock shows and sales.

      (g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.

      2.  Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:

      (a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.

      (b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.

      (c) All standards adopted by regulation pursuant to NRS 706.173.

      3.  The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the Authority to issue:

      (a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.

      (b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2963 (CHAPTER 491, AB 319)ê

 

consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

      4.  Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to the person’s actual operation as prescribed in this chapter, computed from the date when that operation began.

      5.  As used in this section, “private school” means a nonprofit private elementary or secondary educational institution that is licensed in this State.

      Sec. 83. NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 76 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 76 of this act, or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 76 of this act;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 76 of this act;

      (d) Fails to obey any order, decision or regulation of the Authority or the Department;

      (e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;

      (f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 76 of this act;

      (g) Advertises as providing:

             (1) The services of a fully regulated carrier; or

             (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2964 (CHAPTER 491, AB 319)ê

 

Ê is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

      (a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      (b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      3.  Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

      4.  If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

      5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 84. NRS 706.758 is hereby amended to read as follows:

      706.758  1.  It is unlawful for any person to advertise services for which a certificate of public convenience and necessity or a contract carrier’s permit is required pursuant to NRS 706.011 to 706.791, inclusive, and section 76 of this act, unless the person has been issued such a certificate or permit.

      2.  If, after notice and a hearing, the Authority determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Authority may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of NRS 706.011 to 706.791, inclusive, and section 76 of this act, issue an order to the person to cease and desist the unlawful advertising and to:

      (a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.

      (b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.

      3.  If a person fails to comply with paragraph (a) of subsection 2 within 5 days after the date that the person receives an order pursuant to subsection 2, the Authority may request the Commission to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection 2 within 5 days after the date the person receives an order pursuant to subsection 2, the Authority may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2965 (CHAPTER 491, AB 319)ê

 

after the date the person receives an order pursuant to subsection 2, the Authority may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.

      4.  If the provider of paging services receives a request from a person pursuant to subsection 2 or a request from the Authority pursuant to subsection 3, it shall:

      (a) Disconnect the paging service to the person; or

      (b) Switch the beeper number of the paging service provided to the person.

Ê If the provider of paging services elects to switch the number pursuant to paragraph (b), the provider shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.

      5.  As used in this section:

      (a) “Advertising” includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “fully regulated carrier” with or without any limiting qualifications.

      (b) “Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.

      (c) “Provider of paging services” means an entity, other than a public utility, that provides paging service to a beeper.

      (d) “Provider of telephone service” has the meaning ascribed to it in NRS 707.355.

      Sec. 85. NRS 706.781 is hereby amended to read as follows:

      706.781  In addition to all the other remedies provided by NRS 706.011 to 706.861, inclusive, and section 76 of this act, for the prevention and punishment of any violation of the provisions thereof and of all orders of the Authority or the Department, the Authority or the Department may compel compliance with the provisions of NRS 706.011 to 706.861, inclusive, and section 76 of this act, and with the orders of the Authority or the Department by proceedings in mandamus, injunction or by other civil remedies.

      Sec. 85.5.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 86.  1.  This section and sections 1 to 19, inclusive, and 20 to 85.5, inclusive, of this act become effective on July 1, 2019.

      2.  Sections 13 and 14 of this act expire by limitation on December 31, 2019.

      3.  Sections 19.1 to 19.9, inclusive, of this act become effective on January 1, 2020.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2966ê

 

CHAPTER 492, AB 320

Assembly Bill No. 320–Assemblyman Carrillo

 

CHAPTER 492

 

[Approved: June 7, 2019]

 

AN ACT relating to commercial motor vehicles; revising provisions relating to additional fees for the registration of certain commercial motor vehicles based on the weight of the vehicle; revising provisions governing the permitting of certain commercial motor vehicles based on the length of the vehicle; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires, for every motortruck, truck-tractor or bus, the payment of an additional fee for registration that is based on the weight of the vehicle. At the top of the fee schedule, such a vehicle which weighs not less than 26,001 pounds and not more than 80,000 pounds must pay a fee of $17 for each 1,000 pounds, with a maximum fee of $1,360. (NRS 482.482) Section 1 of this bill adds an additional tier of vehicle weights, to the extent authorized by federal law, from 80,001 pounds to 129,000 pounds. Such a vehicle must pay a fee of $1,360, plus $20 for each 1,000 pounds over 80,000 pounds, with a maximum fee of $2,340. A vehicle may be registered at a weight over 129,000 pounds to the extent federal law authorizes additional weight allowances for certain alternative fuel sources and idle reduction technology.

      Under existing law, certain permits to operate certain longer combinations of vehicles are issued by the Department of Transportation. Such permits are transferable. (NRS 706.531) Section 2 of this bill provides that for a vehicle registered in excess of 80,000 pounds no separate permit is required, and that once the vehicle is registered to operate in excess of 80,000 pounds, such a vehicle is deemed permitted to operate at any legal reducible combination. A separate permit is still required for a reducible combination that is less than 80,000 pounds but exceeding 70 feet in length.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.482 is hereby amended to read as follows:

      482.482  1.  In addition to any other applicable fee listed in NRS 482.480, there must be paid to the Department for the registration of every motortruck, truck-tractor or bus which has a declared gross weight of:

      (a) Less than 6,000 pounds, a fee of $33.

      (b) Not less than 6,000 pounds and not more than 8,499 pounds, a fee of $38.

      (c) Not less than 8,500 pounds and not more than 10,000 pounds, a fee of $48.

      (d) Not less than 10,001 pounds and not more than 26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.

      (e) Not less than 26,001 pounds and not more than 80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof. [The maximum fee is $1,360.]

      (f) To the extent authorized by federal law, not less than 80,001 and not more than 129,000 pounds, a fee of $1,360, plus $20 for each 1,000 pounds or fraction thereof over 80,000 pounds.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2967 (CHAPTER 492, AB 320)ê

 

or fraction thereof over 80,000 pounds. The maximum fee is $2,340. A vehicle may register for additional weight as follows, for no additional fee:

             (1) A vehicle powered by an alternative fuel source, including, without limitation, liquefied natural gas or electric power, may register for additional weight in an amount equal to the weight of the equipment required for the alternative fuel system but not to exceed 2,000 pounds.

             (2) A vehicle with an auxiliary power unit or idle reduction technology, as those terms are defined in 42 U.S.C. § 16104, may register for additional weight in an amount equal to the weight of the auxiliary power unit or idle reduction technology but not to exceed 550 pounds.

      2.  Except as otherwise provided in subsection 6, the original or renewal registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the governmental services tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in installments, the amount of which must be determined by regulation. The Department shall not allow installment payments for a vehicle added to a fleet after the original or renewal registration is issued.

      3.  If the due date of any installment falls on a Saturday, Sunday or legal holiday, that installment is not due until the next following business day.

      4.  Any payment required by subsection 2 shall be deemed received by the Department on the date shown by the post office cancellation mark stamped on an envelope containing payment properly addressed to the Department, if that date is earlier than the actual receipt of that payment.

      5.  A person who fails to pay any fee pursuant to subsection 2 or governmental services tax when due shall pay to the Department a penalty of 10 percent of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of 1 percent per month or fraction of a month from the date the fee and tax were due until the date of payment.

      6.  If a person fails to pay any fee pursuant to subsection 2 or governmental services tax when due, the Department may, in addition to the penalty provided for in subsection 5, require that person to pay:

      (a) The entire amount of the unpaid registration fee and governmental services tax owed by that person for the remainder of the period of registration; and

      (b) On an annual basis, any registration fee and governmental services tax set forth in subsection 2 which may be incurred by that person in any subsequent period of registration.

      7.  A person who is convicted of, or who pleads guilty, guilty but mentally ill or nolo contendere to, a violation of NRS 484D.630 must reregister the vehicle with a declared gross weight equal to:

      (a) The gross vehicle weight rating; or

      (b) The combined gross vehicle weight rating, if the vehicle was operated in combination at the time of the violation.

Ê The registration fee owed pursuant to this subsection is incurred from the date the person was convicted of, or pled guilty, guilty but mentally ill or nolo contendere to, a violation of NRS 484D.630.

      Sec. 1.5. NRS 706.531 is hereby amended to read as follows:

      706.531  1.  The Department of Transportation or its designee shall approve an application for a permit pursuant to the provisions of subsection 5 of NRS 484D.615. [The permit must be carried and displayed in such a manner as the Department determines on every combination so operating. The permit issued may be transferred from one combination to another, under such conditions as the Department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the Department.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2968 (CHAPTER 492, AB 320)ê

 

conditions as the Department may by regulation prescribe, but must not be transferred from one person or operator to another without prior approval of the Department. The permit may be used only on] In lieu of a separate permit issued by the Department, a motor [vehicles] vehicle regularly licensed in excess of 80,000 pounds pursuant to the provisions of NRS 482.482 [.] shall be deemed permitted to operate any legal, reducible combination pursuant to NRS 484D.615.

      2.  The annual fee for each permit for a legal, reducible combination of vehicles [is $60 for each 1,000 pounds or fraction thereof of gross weight in excess of 80,000 pounds. The fee must be reduced one-twelfth for each month that has elapsed since the beginning of each registration cycle rounded to the nearest dollar, but must not be less than $50. The annual fee for each permit for a combination of vehicles] exceeding 70 feet in length but not exceeding 80,000 pounds is $10.

      3.  The fee required pursuant to this [subsection is] section is in addition to all other fees required by the provisions of this chapter. [The Department of Transportation shall adopt regulations establishing registration cycles for permits issued pursuant to this section and establishing procedures for assigning a person applying for a permit pursuant to this section to a particular registration cycle.

      3.]4.  Any person operating a combination of vehicles licensed pursuant to the provisions of subsection 1 or 2 who is apprehended operating a combination [in excess of the gross weight for] which [the fee in subsection 2 has been paid] violates this section or NRS 484D.615 is, in addition to all other penalties provided by law, liable for the difference between the fee for the load being carried and the fee paid, for the full licensing period.

      [4.  Any person apprehended operating a combination of vehicles without having complied with the provisions of this section and NRS 484D.615 is, in addition to all other penalties provided by law, liable for the payment of the fee which would be due pursuant to the provisions of subsection 2 for the balance of the registration cycle for the gross load being carried at the time of apprehension.

      5.  The holder of an original permit may, upon surrendering the permit to the Department or upon delivering to the Department a signed and notarized statement that the permit was lost or stolen and such other documentation as the Department may require, apply to the Department:

      (a) For a refund of an amount equal to that portion of the fees paid for the permit that is attributable, on a pro rata monthly basis, to the remainder of the registration cycle; or

      (b) To have that amount credited against excise taxes due pursuant to the provisions of chapter 366 of NRS.]

      Sec. 2.  This act becomes effective on January 1, 2020.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2969ê

 

CHAPTER 493, AB 322

Assembly Bill No. 322–Assemblymen Monroe-Moreno, Fumo, Torres, Bilbray-Axelrod, Thompson; Cohen and McCurdy

 

CHAPTER 493

 

[Approved: June 7, 2019]

 

AN ACT making an appropriation to the Eighth Judicial District to support the operation of juvenile assessment centers; 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. (Deleted by amendment.)

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Eighth Judicial District of the State of Nevada the sum of $3,000,000 for:

      (a) The operation of each juvenile assessment center in the District;

      (b) The funding of proper mental health professional staff required at each juvenile assessment center in the District;

      (c) The funding of any portion of support services provided by a juvenile assessment center that is not covered by Medicaid, excluding any services relating to substance abuse; and

      (d) The funding of regional multidisciplinary prevention teams to provide support services directly to pupils in need of such services at schools throughout the District.

      2.  The money appropriated by subsection 1 must be used to supplement and not supplant or cause to be reduced any other source of funding for the purposes set forth in subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2021, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2021, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2021.

      4.  As used in this section, “juvenile assessment center” means a facility that provides assessments of children for the purpose of determining the needs of a particular child and coordinating appropriate support services to address those needs. The term includes, without limitation, the facility in Clark County known as The Harbor.

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

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2970ê

 

CHAPTER 494, AB 338

Assembly Bill No. 338–Assemblymen Wheeler, Kramer, Ellison; Assefa, Bilbray-Axelrod, Carrillo, Cohen, Edwards, Fumo, Gorelow, Hafen, Hansen, Hardy, Krasner, Leavitt, Martinez, McCurdy, Munk, Peters, Roberts, Swank, Tolles and Yeager (by request)

 

Joint Sponsors: Senators Spearman, Ohrenschall, Kieckhefer; Brooks, Cancela, Hammond, Hansen, Pickard, Seevers Gansert and Settelmeyer

 

CHAPTER 494

 

[Approved: June 7, 2019]

 

AN ACT relating to motor vehicles; authorizing completion of a hands-on defensive driving course in lieu of certain supervised driving experience for any applicant for a driver’s license who is under 18 years of age; requiring the Department of Motor Vehicles to approve and maintain a list of such courses; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the issuance of a driver’s license to a person who is 16 or 17 years of age under certain circumstances, including, with certain exceptions, completion by the person of a course in automobile driver education or a course provided by a school for training drivers that is licensed in this State. Such a person must also provide proof of at least 50 hours of supervised driving experience. (NRS 483.2521) Section 3 of this bill allows any person under the age of 18 years to complete an approved hands-on course in defensive driving in lieu of completing 50 hours of supervised driving experience to obtain a driver’s license. Section 2 of this bill requires the Department of Motor Vehicles to approve for the purposes of this provision any hands-on defensive driving course that: (1) includes both theory of defensive driving and practical experience in defensive driving skills and maneuvers; (2) is provided by a school for training drivers that is licensed in this State; and (3) is conducted by a person who is licensed in this State as an instructor for a school for training drivers. Section 2 also requires the Department to place a list of approved courses on the Internet website of the Department. Sections 6-10 of this bill make conforming changes. Section 10.7 of this bill makes an appropriation to the Department for the personnel and operating costs to approve and audit the hands-on courses in defensive driving.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall approve a hands-on course in defensive driving for the purposes of NRS 483.2521 if the course:

      (a) Includes instruction in the theory and practical applications of defensive driving;

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2971 (CHAPTER 494, AB 338)ê

 

      (b) Requires a person taking the course to practice defensive driving skills and maneuvers, including, without limitation, emergency avoidance and response techniques;

      (c) Is provided by a school for training drivers that meets the requirements of this section and NRS 483.700 to 483.780, inclusive; and

      (d) Is conducted by a person who holds a license as an instructor for a school for training drivers and who meets the requirements of this section and NRS 483.700 to 483.780, inclusive.

      2.  The Department shall maintain on the Internet website of the Department a list of hands-on courses in defensive driving that are approved pursuant to this section. The list must identify those courses which are provided for free. In the event that no such free courses are available, the Internet website must provide notice of that fact.

      3.  The Department may adopt regulations to carry out the provisions of this section.

      Sec. 3. NRS 483.2521 is hereby amended to read as follows:

      483.2521  1.  Except as otherwise provided in subsection [3,] 4, the Department may issue a driver’s license to a person who is 16 or 17 years of age if the person:

      (a) Except as otherwise provided in subsection 2, has completed:

             (1) A course in automobile driver education pursuant to NRS 389.090; or

             (2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;

      (b) [Has] Except as otherwise provided in subsection 3, has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

      (c) [Submits] Except as otherwise provided in subsection 3, submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:

             (1) By his or her parent or legal guardian; or

             (2) If the person applying for the driver’s license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,

Ê who attests that the person applying for the driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b);

      (d) Submits to the Department:

             (1) A written statement signed by the principal of the public school in which the person is enrolled or by a designee of the principal and which is provided to the person pursuant to NRS 392.123;

             (2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory attendance pursuant to NRS 392.070;

             (3) A copy of the person’s high school diploma or certificate of attendance; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2972 (CHAPTER 494, AB 338)ê

 

             (4) A copy of the person’s certificate of general educational development or an equivalent document;

      (e) Has not been found to be responsible for a motor vehicle crash during the 6 months before applying for the driver’s license;

      (f) Has not been convicted of a moving traffic violation or a crime involving alcohol or a controlled substance during the 6 months before applying for the driver’s license; and

      (g) Has held an instruction permit for not less than 6 months before applying for the driver’s license.

      2.  If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

      3.  In lieu of the supervised experience required pursuant to paragraph (b) of subsection 1, a person applying for a Class C noncommercial driver’s license may provide to the Department proof that the person has successfully completed:

      (a) The training required pursuant to paragraph (a) of subsection 1; and

      (b) A hands-on course in defensive driving that has been approved by the Department pursuant to section 2 of this act.

      4.  A person who is 16 or 17 years of age, who has held an instruction permit issued pursuant to subsection 4 of NRS 483.280 authorizing the holder of the permit to operate a motorcycle and who applies for a driver’s license pursuant to this section that authorizes him or her to operate a motorcycle must comply with the provisions of paragraphs (d) to (g), inclusive, of subsection 1 and must:

      (a) Except as otherwise provided in subsection [4,] 5, complete a course of motorcycle safety approved by the Department;

      (b) Have at least 50 hours of experience in driving a motorcycle with an instruction permit issued pursuant to subsection 4 of NRS 483.280; and

      (c) Submit to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of experience required pursuant to paragraph (b) and which is signed by his or her parent or legal guardian who attests that the person applying for the motorcycle driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b).

      [4.]5.  If a course described in paragraph (a) of subsection [3] 4 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing the course, complete an additional 50 hours of experience in driving a motorcycle in accordance with paragraph (b) of subsection [3.] 4.

      Secs. 4 and 5. (Deleted by amendment.)

      Sec. 6. NRS 483.700 is hereby amended to read as follows:

      483.700  No person may operate a school for training drivers, or engage in the business of giving instruction for hire in driving motor vehicles or in the preparation of an applicant for an examination given by the Department for a driver’s license, unless the person has secured a license therefor from the Department as provided in NRS 483.700 to 483.780, inclusive [.] , and section 2 of this act.

      Sec. 7. NRS 483.725 is hereby amended to read as follows:

      483.725  1.  [Each] Except as otherwise provided in section 2 of this act, each course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act must include, without limitation, instruction in:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2973 (CHAPTER 494, AB 338)ê

 

pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act must include, without limitation, instruction in:

      (a) Motor vehicle insurance.

      (b) The effect of drugs and alcohol on an operator of a motor vehicle.

      2.  If a course of training provided by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act consists in whole or in part of classroom instruction, that part of the course which consists of classroom instruction may be taught interactively through the use of communications technology so that persons taking the course need not be physically present in a classroom.

      3.  The Department shall adopt regulations to carry out the provisions of subsection 2. The regulations must include, without limitation:

      (a) Provisions for the licensing and operation of interactive courses that use communications technology;

      (b) Provisions to ensure that interactive courses which use communications technology are secure, reliable and include measures for testing and security that are at least as secure as the measures for testing and security which would be available in an ordinary classroom; and

      (c) Standards to ensure that interactive courses which use communications technology offer a curriculum that is at least as stringent as the curriculum which would be available in an ordinary classroom.

      4.  As used in this section, “communications technology” means any method or component, or both, that is used by a school for training drivers licensed pursuant to NRS 483.700 to 483.780, inclusive, and section 2 of this act to carry out or facilitate the transmission of information, including, without limitation, the transmission and reception of information by:

      (a) Systems based on the following technologies:

             (1) Video;

             (2) Wire;

             (3) Cable;

             (4) Radio;

             (5) Microwave;

             (6) Light; or

             (7) Optics; and

      (b) Computer data networks, including, without limitation, the Internet or its successor, if any, and intranet services.

      Sec. 8. NRS 483.760 is hereby amended to read as follows:

      483.760  The Department may refuse to issue a license or may cancel, suspend, revoke or refuse to renew any license granted pursuant to NRS 483.700 to 483.780, inclusive [:] , and section 2 of this act:

      1.  If the applicant or licensee makes a material misstatement on an application.

      2.  If the applicant or licensee fails or refuses to provide any information requested by the Department in conjunction with an application.

      3.  If the applicant has been convicted of a crime for a violation of any of the provisions of NRS 483.700 to 483.780, inclusive [.] , and section 2 of this act.

      4.  If the licensee permits fraud or engages in fraudulent practices either with reference to the applicant or the Department or induces or countenances fraud or fraudulent practices on the part of any applicant for driver’s license.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2974 (CHAPTER 494, AB 338)ê

 

      5.  If the licensee fails to comply with or is convicted of a crime for a violation of any of the provisions of NRS 483.700 to 483.780, inclusive, and section 2 of this act or any of the regulations or requirements of the Department made pursuant thereto.

      6.  If the licensee or any employee or agent of the licensee solicits persons for enrollment in a school for training drivers in an office of the Department or within 200 feet of any such office.

      7.  If the licensee or any employee or agent of the licensee follows the identical course of training which is used by the Department in giving an examination for a driver’s license.

      Sec. 9. NRS 483.767 is hereby amended to read as follows:

      483.767  1.  The Department may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 483.700 to 483.780, inclusive, and section 2 of this act or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      2.  All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the State Highway Fund.

      3.  In addition to any other remedy provided by NRS 483.700 to 483.780, inclusive, and section 2 of this act, the Department may compel compliance with any provision of NRS 483.700 to 483.780, inclusive, and section 2 of this act and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 10. NRS 483.780 is hereby amended to read as follows:

      483.780  The Department shall charge annually the following fees for licenses issued pursuant to the provisions of NRS 483.700 to 483.780, inclusive [:] , and section 2 of this act:

 

License for a school for training drivers................................................ $50

License for a driving instructor................................................................. 10

License for a school, an agency or a business that provides an educational course on the abuse of alcohol and controlled substances........................................................................................... 250

License for an instructor of an educational course on the abuse of alcohol and controlled substances     50

License for a school for traffic safety..................................................... 250

License for an instructor of traffic safety................................................. 50

      Sec. 10.5. NRS 486.071 is hereby amended to read as follows:

      486.071  1.  Except as otherwise provided in subsection 3 and NRS 486.161, the Department shall not issue a motorcycle driver’s license unless the applicant:

      (a) Is at least 18 years of age; and

      (b) Has successfully completed:

             (1) Except as otherwise provided in subsection 2, such written examinations and driving tests as may be required by the Department; or

             (2) A course of motorcycle safety approved by the Department.

      2.  A holder of an instruction permit issued pursuant to subsection 4 or 5 of NRS 483.280 who applies to the Department for a motorcycle driver’s license pursuant to subsection 1 is not required to successfully complete the written examinations required pursuant to subparagraph (1) of paragraph (b) of subsection 1 if the holder of the permit:

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2975 (CHAPTER 494, AB 338)ê

 

license pursuant to subsection 1 is not required to successfully complete the written examinations required pursuant to subparagraph (1) of paragraph (b) of subsection 1 if the holder of the permit:

      (a) Is at least 18 years of age;

      (b) Has held the instruction permit for not less than 6 months; and

      (c) The instruction permit expired not more than 30 days before the date of application for a motorcycle driver’s license.

      3.  The Department shall not issue a motorcycle driver’s license to an applicant who is at least 16 years of age but is less than 18 years of age unless the applicant:

      (a) Meets the requirements of subsection [3] 4 of NRS 483.2521; and

      (b) Has successfully completed such written examinations and driving tests as may be required by the Department.

      4.  Except as otherwise provided in subsection [3] 4 of NRS 483.2521, any person who has been issued a driver’s license pursuant to chapter 483 of NRS without having the authority to drive a motorcycle endorsed thereon must, before driving a motorcycle, successfully pass:

      (a) A driving test conducted by the Department; or

      (b) A course of motorcycle safety approved by the Department,

Ê and have the authority endorsed upon the license.

      Sec. 10.7.  1.  There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles for the personnel and operating costs to approve hands-on courses in defensive driving pursuant to section 2 of this act and audit those courses the following sums:

For the Fiscal Year 2019-2020............................................................ $91,844

For the Fiscal Year 2020-2021............................................................ $92,099

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2020, and September 17, 2021, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 18, 2020, and September 17, 2021, respectively.

      Sec. 11.  The amendatory provisions of sections 3 to 10.5, inclusive, of this act do not apply to a person who applies for a driver’s license pursuant to NRS 483.2521 before July 1, 2020.

      Sec. 12.  1.  This section and sections 1 to 10.5, inclusive, and 11 of this act become effective:

      (a) 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

      (b) On July 1, 2020, for all other purposes.

      2.  Section 10.7 of this act becomes effective on July 1, 2019.

________

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2976ê

 

CHAPTER 495, AB 356

Assembly Bill No. 356–Assemblyman McCurdy

 

CHAPTER 495

 

[Approved: June 7, 2019]

 

AN ACT relating to criminal procedure; establishing provisions relating to the filing of a petition for a hearing to establish the factual innocence of a person based on newly discovered evidence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a court to grant a new trial to a defendant on the ground of newly discovered evidence, but generally provides that a motion for a new trial based on such a ground must be made within 2 years after the verdict or finding of guilt. (NRS 176.515) Sections 2-9 of this bill establish provisions relating to a petition for a hearing to establish the factual innocence of a person based on newly discovered evidence, which may be filed at any time after the expiration of the period during which a motion for a new trial based on the ground of newly discovered evidence may be made.

      Section 6 of this bill authorizes a person who has been convicted of a felony to file a petition for a hearing to establish the factual innocence of the person based on newly discovered evidence in the district court of the county in which the person was convicted and sets forth certain requirements relating to the contents of such a petition. Section 6 requires the court to review such a petition to determine whether the petition satisfies the necessary requirements and to dismiss such a petition in certain circumstances. Section 7 of this bill: (1) provides that if the court does not dismiss the petition after the court’s review, the court is required to order the district attorney or the Attorney General to file a response to the petition; and (2) authorizes the petitioner to reply to the response of the district attorney or the Attorney General. Section 7 also provides that if the court determines that the petition satisfies all requirements and that there is a bona fide issue of factual innocence regarding the charges of which the petitioner was convicted, the court is required to order a hearing on the petition. Section 7 further provides that if the factual innocence of the petitioner is established, the court is required to: (1) vacate the petitioner’s conviction and issue an order of factual innocence and exoneration; and (2) order the sealing of all records of criminal proceedings relating to the case.

      Section 8 of this bill authorizes the court to appoint counsel for an indigent petitioner if the court grants a hearing on a petition filed pursuant to section 6, and section 9 of this bill requires the district attorney to make reasonable efforts to provide notice to any victim of the crime for which the petitioner was convicted that a petition has been filed if such a victim has indicated a desire to be notified regarding any postconviction proceedings.

 

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 34 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2977 (CHAPTER 495, AB 356)ê

 

      Sec. 3. “Bona fide issue of factual innocence” means that newly discovered evidence presented by the petitioner, if credible, would clearly establish the factual innocence of the petitioner.

      Sec. 4. “Factual innocence” means that a person did not:

      1.  Engage in the conduct for which he or she was convicted;

      2.  Engage in conduct constituting a lesser included or inchoate offense of the crime for which he or she was convicted;

      3.  Commit any other crime arising out of or reasonably connected to the facts supporting the indictment or information upon which he or she was convicted; and

      4.  Commit the conduct charged by the State under any theory of criminal liability alleged in the indictment or information.

      Sec. 5. “Newly discovered evidence” means evidence that was not available to a petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial and which is material to the determination of the issue of factual innocence, including, without limitation:

      1.  Evidence that was discovered before or during the applicable period for any direct appeal or postconviction petition for a writ of habeas corpus pursuant to this chapter that served in whole or in part as the basis to vacate or reverse the petitioner’s conviction;

      2.  Evidence that supports the claims within a postconviction petition for a writ of habeas corpus that is pending at the time of the court’s determination of factual innocence pursuant to sections 2 to 9, inclusive, of this act; or

      3.  Relevant forensic scientific evidence, other than the expert opinion of a psychologist, psychiatrist or other mental health professional, that was not available at the time of trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial, or that undermines materially forensic scientific evidence presented at trial. Forensic scientific evidence is considered to be undermined if new research or information exists that repudiates the foundational validity of scientific evidence or testimony or the applied validity of a scientific method or technique. As used in this subsection:

      (a) “Applied validity” means the reliability of a scientific method or technique in practice.

      (b) “Foundational validity” means the reliability of a scientific method to be repeatable, reproducible and accurate in a scientific setting.

      Sec. 5.5. For the purposes of sections 2 to 9, inclusive, of this act, evidence is “material” if the evidence establishes a reasonable probability of a different outcome.

      Sec. 5.7. Any claim of factual innocence that is made pursuant to sections 2 to 9, inclusive, of this act is separate from any state habeas claim that alleges a fundamental miscarriage of justice to excuse procedural or time limitations pursuant to NRS 34.726 or 34.810.

      Sec. 6. 1.  At any time after the expiration of the period during which a motion for a new trial based on newly discovered evidence may be made pursuant to NRS 176.515, a person who has been convicted of a felony may petition the district court in the county in which the person was convicted for a hearing to establish the factual innocence of the person based on newly discovered evidence.

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2978 (CHAPTER 495, AB 356)ê

 

discovered evidence. A person who files a petition pursuant to this subsection shall serve notice and a copy of the petition upon the district attorney of the county in which the conviction was obtained and the Attorney General.

      2.  A petition filed pursuant to subsection 1 must contain an assertion of factual innocence under oath by the petitioner and must aver, with supporting affidavits or other credible documents, that:

      (a) Newly discovered evidence exists that is specifically identified and, if credible, establishes a bona fide issue of factual innocence;

      (b) The newly discovered evidence identified by the petitioner:

             (1) Establishes innocence and is material to the case and the determination of factual innocence;

             (2) Is not merely cumulative of evidence that was known, is not reliant solely upon recantation of testimony by a witness against the petitioner and is not merely impeachment evidence; and

             (3) Is distinguishable from any claims made in any previous petitions;

      (c) If some or all of the newly discovered evidence alleged in the petition is a biological specimen, that a genetic marker analysis was performed pursuant to NRS 176.0918, 176.09183 and 176.09187 and the results were favorable to the petitioner; and

      (d) When viewed with all other evidence in the case, regardless of whether such evidence was admitted during trial, the newly discovered evidence demonstrates the factual innocence of the petitioner.

      3.  In addition to the requirements set forth in subsection 2, a petition filed pursuant to subsection 1 must also assert that:

      (a) Neither the petitioner nor the petitioner’s counsel knew of the newly discovered evidence at the time of trial or sentencing or in time to include the evidence in any previously filed post-trial motion or postconviction petition, and the evidence could not have been discovered by the petitioner or the petitioner’s counsel through the exercise of reasonable diligence; or

      (b) A court has found ineffective assistance of counsel for failing to exercise reasonable diligence in uncovering the newly discovered evidence.

      4.  The court shall review the petition and determine whether the petition satisfies the requirements of subsection 2. If the court determines that the petition:

      (a) Does not meet the requirements of subsection 2, the court shall dismiss the petition without prejudice, state the basis for the dismissal and send notice of the dismissal to the petitioner, the district attorney and the Attorney General.

      (b) Meets the requirements of subsection 2, the court shall determine whether the petition satisfies the requirements of subsection 3. If the court determines that the petition does not meet the requirements of subsection 3, the court may:

             (1) Dismiss the petition without prejudice, state the basis for the dismissal and send notice of the dismissal to the petitioner, the district attorney and the Attorney General; or

 


…………………………………………………………………………………………………………………

ê2019 Statutes of Nevada, Page 2979 (CHAPTER 495, AB 356)ê

 

             (2) Waive the requirements of subsection 3 if the court finds the petition should proceed to a hearing and that there is other evidence that could have been discovered through the exercise of reasonable diligence by the petitioner or the petitioner’s counsel at trial, and the other evidence:

                   (I) Was not discovered by the petitioner or the petitioner’s counsel;

                   (II) Is material upon the issue of factual innocence; and

                   (III) Has never been presented to a court.

      5.  Any second or subsequent petition filed by a person must be dismissed if the court determines that the petition fails to identify new or different evidence in support of the factual innocence claim or, if new and different grounds are alleged, the court finds that the failure of the petitioner to assert those grounds in a prior petition filed pursuant to this section constituted an abuse of the writ.

      6.  The court shall provide a written explanation of its order to dismiss or not to dismiss the petition based on the requirements set forth in subsections 2 and 3.

      7.  A person who has already obtained postconviction relief that vacated or reversed the person’s conviction or sentence may also file a petition pursuant to subsection 1 in the same manner and form as described in this section if no retrial or appeal regarding the offense is pending.

      8.  After a petition is filed pursuant to subsection 1, any prosecuting attorney, law enforcement agency or forensic laboratory that is in possession of any evidence that is the subject of the petition shall preserve such evidence and any information necessary to determine the sufficiency of the chain of custody of such evidence.

      9.  A petition filed pursuant to subsection 1 must include the underlying criminal case number.

      10.  Except as otherwise provided in sections 2 to 9, inclusive, of this act, the Nevada Rules of Civil Procedure govern all proceedings concerning a petition filed pursuant to subsection 1.

      11.  As used in this section:

      (a) “Biological specimen” has the meaning ascribed to it in NRS 176.09112.

      (b) “Forensic laboratory” has the meaning ascribed to it in NRS 176.09117.

      (c) “Genetic marker analysis” has the meaning ascribed to it in NRS 176.09118.

      Sec. 7. 1.  If the court does not dismiss a petition after reviewing the petition in accordance with section 6 of this act, the court shall order the district attorney or the Attorney General to file a response to the petition. The court’s order must:

      (a) Specify which claims identified in the petition warrant a response from the district attorney or the Attorney General; and

      (b) Specify which newly discovered evidence identified in the petition, if credible, might establish a bona fide issue of factual innocence.

      2.  The district attorney or the Attorney General shall, not later than 120 days after receipt of the court’s order requiring a response, or within any additional period the court allows, respond to the petition and serve a copy upon the petitioner and, if the district attorney is responding to the petition, the Attorney General.

 


…………………………………………………………………………………………………………………