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CHAPTER 545, SB 7

Senate Bill No. 7–Committee on Judiciary

 

CHAPTER 545

 

[Approved: June 12, 2019]

 

AN ACT relating to crimes; providing that a person who solicits for prostitution a peace officer posing as a child or another person who is assisting a peace officer by posing as a child is guilty of soliciting a child for prostitution; increasing the penalties for the solicitation of a child for prostitution; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from engaging in prostitution or solicitation therefor, except in a licensed house of prostitution. Existing law provides that a customer who violates such a prohibition by soliciting a child for prostitution is guilty: (1) for a first offense, of a category E felony; (2) for a second offense, of a category D felony; and (3) for a third or subsequent offense, of a category C felony. (NRS 201.354) Section 5 of this bill increases such penalties and provides that such a person is guilty: (1) for a first offense, of a category D felony; (2) for a second offense, of a category C felony; and (3) for a third or subsequent offense, 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 $15,000. Section 5 also provides that a person is guilty of soliciting a child for prostitution if the person solicits for prostitution: (1) a peace officer who is posing as a child; or (2) a person who is assisting a peace officer by posing as a child.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-4. (Deleted by amendment.)

      Sec. 5. NRS 201.354 is hereby amended to read as follows:

      201.354  1.  It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.

      2.  Any person who violates subsection 1 by soliciting for prostitution:

      (a) A peace officer who is posing as a child; or

      (b) A person who is assisting a peace officer by posing as a child,

Ê is guilty of soliciting a child for prostitution.

      3.  A prostitute who violates subsection 1 is guilty of a misdemeanor.

      [3.]4.  Except as otherwise provided in subsection [5,] 6, a customer who violates [subsection 1:] this section:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished as provided in NRS 193.150, and by a fine of not less than $400.

      (b) For a second offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $800.

      (c) For a third or subsequent offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140, and by a fine of not less than $1,300.

      [4.]5.  In addition to any other penalty imposed, the court shall order a person who violates subsection [3] 4 to pay a civil penalty of not less than $200 per offense.

 


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$200 per offense. The civil penalty must be paid to the district attorney or city attorney of the jurisdiction in which the violation occurred. If the civil penalty imposed pursuant to this subsection:

      (a) Is not within the person’s present ability to pay, in lieu of paying the penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the civil penalty.

      (b) Is not entirely within the person’s present ability to pay, in lieu of paying the entire civil penalty, the court may allow the person to perform community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the civil penalty.

      [5.]6.  A customer who violates [subsection 1] this section by soliciting a child for prostitution:

      (a) For a first offense, is guilty of a category [E] D felony and shall be punished as provided in NRS 193.130, and by a fine of not more than $5,000.

      (b) For a second offense, is guilty of a category [D] C felony and shall be punished as provided in NRS 193.130.

      (c) For a third or subsequent offense, is guilty of a category [C] B felony and shall be punished [as provided in NRS 193.130.] 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 $15,000. The court shall not grant probation to or suspend the sentence of a person punished pursuant to this paragraph.

      [6.]7.  Any civil penalty collected by a district attorney or city attorney pursuant to subsection [4] 5 must be deposited in the county or city treasury, as applicable, to be used for:

      (a) The enforcement of this section; and

      (b) Programs of treatment for persons who solicit prostitution which are certified by the Division of Public and Behavioral Health of the Department of Health and Human Services.

Ê Not less than 50 percent of the money deposited in the county or city treasury, as applicable, pursuant to this subsection must be used for the enforcement of this section.

      [7.]8.  If a person who violates subsection 1 is ordered pursuant to NRS 4.373 or 5.055 to participate in a program for the treatment of persons who solicit prostitution, upon fulfillment of the terms and conditions of the program, the court may discharge the person and dismiss the proceedings against the person. If the court discharges the person and dismisses the proceedings against the person, a nonpublic record of the discharge and dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section for participation in a program of treatment for persons who solicit prostitution. Except as otherwise provided in this subsection, discharge and dismissal under this subsection is without adjudication of guilt and is not a conviction for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the proceedings.

 


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the status occupied before the proceedings. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge the proceedings in response to an inquiry made of the person for any purpose. Discharge and dismissal under this subsection may occur only once with respect to any person. A professional licensing board may consider a proceeding under this subsection in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.

      [8.]9.  Except as limited by subsection [9,] 10, if a person is discharged and the proceedings against the person are dismissed pursuant to subsection [7,] 8, the court shall, without a hearing, order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      [9.]10.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

      Sec. 6. (Deleted by amendment.)

      Sec. 7.  This act becomes effective on July 1, 2019.

________

CHAPTER 546, SB 123

Senate Bill No. 123–Committee on Legislative Operations and Elections

 

CHAPTER 546

 

[Approved: June 12, 2019]

 

AN ACT relating to elections; enacting provisions governing the security and integrity of elections; revising provisions relating to candidates and declarations of candidacy; revising provisions regarding local elections; revising provisions regarding voter registration; making various other changes relating to elections; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Secretary of State serves as the Chief Officer of Elections and is responsible for the execution and enforcement of state and federal law relating to Nevada’s elections. (NRS 293.124) Existing law also requires the Secretary of State to adopt regulations relating to the security and integrity of Nevada’s elections. (NRS 293.247) Sections 3, 4, 6-9 and 86 of this bill establish additional requirements regarding the security and integrity of such elections.

      Section 3 of this bill defines the term “information system” to mean any computer or other system used to collect, process, distribute or store information, and section 4 of this bill defines “security of an information system” to include the security of: (1) the physical infrastructure of the system; and (2) the information on the system.

 


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      Section 6 of this bill requires each county or city clerk and their staff members who administer elections to complete an annual training class on cybersecurity. Section 6 also requires any county or city clerk or other local election official to immediately notify the Secretary of State if there has been an attack or attempted attack on the security of an election information system.

      Under existing law, any records of state agencies or local governments relating to a suspected or confirmed threat or attack on the security of an information system are confidential and not public records and may be disclosed only under certain limited circumstances. (NRS 480.940) Consistently with this existing law, section 7 of this bill provides that any records of the Secretary of State or county or city clerk relating to the security of an election information system, including records relating to the prevention of a threat or attack on the security of an election information system, are confidential and not public records and may be disclosed only under certain limited circumstances.

      Section 8 of this bill requires the Secretary of State to adopt regulations for conducting risk-limiting audits of elections. Section 8 defines “risk-limiting audit” as an audit that uses statistical principles and methods to limit the risk of certifying an incorrect election outcome. Section 86 of this bill requires the Secretary of State to establish a pilot program for conducting risk-limiting audits of the results of the 2020 general election. Section 9 of this bill, which becomes effective January 1, 2022, requires each county clerk to conduct risk-limiting audits of elections in accordance with the regulations adopted by the Secretary of State.

      Existing federal law establishes the United States Election Assistance Commission and charges the federal agency with various duties, including the development of standards for voting systems. (52 U.S.C. §§ 20921, 21081) Existing state law requires the Secretary of State and each county and city clerk to ensure that each voting system used in this State meets or exceeds the standards for voting systems established by the United States Election Assistance Commission. (NRS 293.2696) Section 5 of this bill defines the term “United States Election Assistance Commission” for Nevada’s elections laws, and sections 33, 38, 41 and 42 of this bill change certain existing references in Nevada’s elections laws so they properly refer to the United States Election Assistance Commission.

      Under existing law, with certain exceptions, in order for a person to be named as a candidate on an official ballot at any election, the person must file a declaration of candidacy with the appropriate filing officer. (NRS 293.057, 293.165, 293.166, 293.177, 293.185, 293C.145, 293C.175 and 293C.185) Section 2 of this bill defines the term “declaration of candidacy” for Nevada’s elections laws.

      Under existing law, ten or more registered voters may file a certificate of candidacy designating a qualified person as a candidate for an office, and if the person named in the certificate files an acceptance of candidacy and pays the required fee, the person becomes a candidate as if he or she had filed a declaration of candidacy. (NRS 293.180) Section 85 of this bill repeals this existing law. Based on this repeal, the terms “acceptance of candidacy” and “certificate of candidacy” are removed from existing law by various sections of this bill, and the term “declaration of candidacy” remains as the appropriate term for the official document that a person must file to be named as a candidate on an official ballot at any election.

      Under existing law, in even-numbered years, the first day that judicial candidates may file a declaration of candidacy is the first Monday in January, and the first day that nonjudicial candidates may file a declaration of candidacy is the first Monday in March. (NRS 293.177) However, in cities that hold their city elections in odd-numbered years, the first day that judicial and nonjudicial candidates may file a declaration of candidacy is 70 days before the applicable election. (NRS 293C.145, 293C.175 and 293C.185) Existing law also: (1) requires the Secretary of State to forward certain information to each county clerk after deadlines calculated by using the filing dates for certain candidates; and (2) prohibits counties, cities and other political subdivisions from making certain changes to election districts after deadlines calculated by using the filing dates for certain candidates.

 


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calculated by using the filing dates for certain candidates. (NRS 293.187, 293.209) Sections 22 and 29 of this bill clarify these deadlines so they are calculated by using the filing dates for nonjudicial candidates.

      Existing law requires election boards to have rosters of registered voters in polling places. (NRS 293.275) Sections 34 and 43 of this bill require that, in a county or city which uses electronic rosters, the county or city clerk must complete a test of the electronic rosters to ensure their functionality before the first day of early voting.

      Under existing law, if there has been a tie vote for certain county, city or other local offices, the winner is determined by lot. (NRS 293.400) Section 35 of this bill provides that when a tie vote occurs in a primary election for nonpartisan office: (1) if the candidates with the tie vote received the highest number of votes in the primary election, those candidates must be declared the nominees and placed on the ballot for the general election; or (2) if the candidates with the tie vote received the second highest number of votes in the primary election, those candidates, along with the candidate who received the highest number of votes in the primary election, must be declared the nominees and placed on the ballot for the general election, unless the candidate who received the highest number of votes in the primary election received a majority of the votes cast in the primary election and any law or city charter declares such a candidate to be elected to the office at the primary election. Sections 32 and 43.5 of this bill make conforming changes.

      Existing law authorizes the county or city clerk to rent privately owned locations to be designated as polling places on election day. (NRS 293.437) Section 37 of this bill provides that the legal rights and remedies of the owner or lessor of such private property are not impaired or affected by renting the property for use as a polling place.

      Existing law requires the county clerk or field registrar of voters to list a person’s political party as nonpartisan if the person does not indicate a political party affiliation on an application to preregister or register to vote. (NRS 293.518) Section 38 of this bill provides that if a person who is already preregistered or registered to vote in a county submits a new application in the same county but does not make any indications about political party affiliation on the new application, the county clerk or field registrar of voters must not change the person’s existing political party affiliation that was established by his or her prior application and is listed in the current records of the county clerk.

      Existing law sets forth different deadlines for registering to vote depending on whether the method used for registration is by mail, computer or appearing in person at the office of the county or city clerk. Existing law also requires the county or city clerk to publish a notice in a newspaper in the county or city indicating the day and time that registration will close, but existing law does not explicitly require the notice to indicate the day and time that each different method of registration will close. (NRS 293.560, 293C.527) Sections 40 and 50 of this bill clarify that the notice must: (1) indicate the day and time that each different method of registration will close; and (2) be published once each week for 4 consecutive weeks next preceding the day that the last method of registration will close.

      Under the Nevada Constitution, persons may circulate different types of petitions for initiative or referendum that propose changes in state law, such as amendments to the Nevada Constitution or Nevada Revised Statutes. If the petitions receive a sufficient number of valid signatures, they are placed on the ballot for approval or disapproval by the voters. (Nev. Const. Art. 19, §§ 1, 2) Existing law requires a copy of each petition to be placed on file with the Secretary of State before it may be circulated for signatures. (NRS 295.015) Section 57 of this bill requires the Secretary of State to assign to each petition that is placed on file a unique identifier that must: (1) consist of a serial number or letter, or both; and (2) distinguish among each different type of petition received.

      Finally, sections 83-84.6 of this bill resolve conflicts with Assembly Bill No. 50 and Assembly Bill No. 345 of this session.

 

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. “Declaration of candidacy” means a declaration of candidacy that a person must file with the appropriate filing officer pursuant to this title in order to be named as a candidate on an official ballot at any election.

      Sec. 3. “Information system” has the meaning ascribed to it in NRS 480.906.

      Sec. 4. “Security of an information system” has the meaning ascribed to it in NRS 480.910.

      Sec. 5. “United States Election Assistance Commission” means the Election Assistance Commission created pursuant to 52 U.S.C. § 20921, as amended, or any successor agency.

      Sec. 6. 1.  At least once each year, each county or city clerk and all members of their staff whose duties include administering an election must complete a training class on cybersecurity that is approved by the Secretary of State.

      2.  If any county or city clerk or other local election official identifies or is informed of a confirmed attack or attempted attack on the security of an information system used by the county or city clerk or other local election official, the county or city clerk or other local election official shall immediately notify the Secretary of State regarding such attack or attempted attack.

      Sec. 7. 1.  Any records of the Secretary of State or a county or city clerk that relate to the security of an information system used for elections are confidential and are not public records pursuant to chapter 239 of NRS. Such records include, without limitation:

      (a) Risk assessments;

      (b) Vulnerability assessments; and

      (c) Any other information that identifies the preparation for or prevention of a threat or attack on an information system used for elections.

      2.  The Secretary of State or a county or city clerk shall not disclose any records that are confidential pursuant to this section, except that such records may be provided confidentially to:

      (a) Any state agency or local government;

      (b) A cybersecurity incident response team appointed pursuant to NRS 480.928; or

      (c) Appropriate law enforcement officers or prosecuting attorneys,

Ê but only for the purpose of preparing for and mitigating risks to or otherwise protecting the security of elections or as part of a criminal investigation.

      Sec. 8. 1.  The Secretary of State shall adopt regulations for conducting a risk-limiting audit of an election, which may include, without limitation:

      (a) Procedures to conduct a risk-limiting audit;

      (b) Criteria for which elections must be audited; and

 


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      (c) Criteria to determine the scope of the risk-limiting audit.

      2.  As used in this section, “risk-limiting audit” means an audit protocol that:

      (a) Makes use of statistical principles and methods; and

      (b) Is designed to limit the risk of certifying an incorrect election outcome.

      Sec. 9. Section 8 of this act is hereby amended to read as follows:

       Sec. 8.  1.  The Secretary of State shall adopt regulations for conducting a risk-limiting audit of an election, which may include, without limitation:

       (a) Procedures to conduct a risk-limiting audit;

       (b) Criteria for which elections must be audited; and

       (c) Criteria to determine the scope of the risk-limiting audit.

       2.  In accordance with the regulations adopted by the Secretary of State pursuant to this section, each county clerk shall conduct a risk-limiting audit of the results of an election prior to the certification of the results of the election pursuant to NRS 293.395.

       3.  As used in this section, “risk-limiting audit” means an audit protocol that:

       (a) Makes use of statistical principles and methods; and

       (b) Is designed to limit the risk of certifying an incorrect election outcome.

      Sec. 10. NRS 293.010 is hereby amended to read as follows:

      293.010  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 293.013 to 293.121, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 11. NRS 293.12758 is hereby amended to read as follows:

      293.12758  1.  The county clerk shall issue a receipt to any person who submits a petition for the verification of signatures [or] pursuant to the election laws of this State, including, without limitation, a petition [, declaration of or acceptance] of candidacy. The receipt must state:

      (a) The number of documents submitted;

      (b) The number of pages of each document; and

      (c) The number of signatures which the person declares are on the petition.

      2.  If a petition consists of more than one document, all of the documents must be submitted to the county clerk for verification at the same time.

      3.  The county clerk shall not accept a petition unless each page of the petition is numbered.

      4.  Each signature on the petition must be signed in ink. The county clerk shall disregard any signature which is not signed in ink.

      5.  As used in this section, “document” includes material which is separately compiled and bound together and may consist of one or more sheets of paper.

      Sec. 12. NRS 293.165 is hereby amended to read as follows:

      293.165  1.  Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 3, 4 and 5.

 


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county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections 3, 4 and 5.

      2.  A vacancy occurring in a nonpartisan office or nomination for a nonpartisan office after the close of filing and before 5 p.m. of the fourth Friday in July of the year in which the general election is held must be filled by the person who receives or received the next highest vote for the nomination in the primary election if a primary election was held for that nonpartisan office. If no primary election was held for that nonpartisan office or if there was not more than one person who was seeking the nonpartisan nomination in the primary election, a person may become a candidate for the nonpartisan office at the general election if the person files a declaration of candidacy [or acceptance of candidacy,] with the appropriate filing officer and pays the filing fee required by NRS 293.193 [, on or] after 8 a.m. on the third Monday in June and before 5 p.m. on the fourth Friday in July.

      3.  If a vacancy occurs in a major political party nomination for a partisan office after the primary election and before 5 p.m. on the fourth Friday in July of the year in which the general election is held and:

      (a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party.

      (b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      4.  No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in July of the year in which the general election is held. If, after that time and date:

      (a) A nominee dies or is adjudicated insane or mentally incompetent; or

      (b) A vacancy in the nomination is otherwise created,

Ê the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      5.  [All designations] Each designation of a candidate provided for in this section must be filed [on or] with the appropriate filing officer before 5 p.m. on the fourth Friday in July of the year in which the general election is held. In each case, the candidate must file a declaration of candidacy with the appropriate filing officer and pay the [statutory] filing fee [must be paid and an acceptance of the designation must be filed on or] required by NRS 293.193 before 5 p.m. on the date the designation is filed.

      Sec. 13. NRS 293.166 is hereby amended to read as follows:

      293.166  1.  A vacancy occurring in a party nomination for the office of State Senator, Assemblyman or Assemblywoman from a legislative district comprising more than one county may be filled as follows, subject to the provisions of subsections 2, 3 and 4. The county commissioners of each county, all or part of which is included within the legislative district, shall meet to appoint a person who is of the same political party as the former nominee and who actually, as opposed to constructively, resides in the district to fill the vacancy, with the chair of the board of county commissioners of the county whose population residing within the district is the greatest presiding. Each board of county commissioners shall first meet separately and determine the single candidate it will nominate to fill the vacancy. Then, the boards shall meet jointly and the chairs on behalf of the boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district.

 


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boards shall cast a proportionate number of votes according to the percent, rounded to the nearest whole percent, which the population of its county is of the population of the entire district. Populations must be determined by the last decennial census or special census conducted by the Bureau of the Census of the United States Department of Commerce. The person who receives a plurality of these votes is appointed to fill the vacancy. If no person receives a plurality of the votes, the boards of county commissioners of the respective counties shall each as a group select one candidate, and the nominee must be chosen by drawing lots among the persons so selected.

      2.  If a vacancy occurs in a party nomination for the office of State Senator, Assemblyman or Assemblywoman from a legislative district comprising more than one county after the primary election and before 5 p.m. on the fourth Friday in July of the year in which the general election is held and:

      (a) The vacancy occurs because the nominee dies or is adjudicated insane or mentally incompetent, the vacancy may be filled pursuant to the provisions of subsection 1.

      (b) The vacancy occurs for a reason other than the reasons described in paragraph (a), the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      3.  No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in July of the year in which the general election is held. If, after that time and date:

      (a) A nominee dies or is adjudicated insane or mentally incompetent; or

      (b) A vacancy in the nomination is otherwise created,

Ê the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      4.  [The] Each designation of a [nominee pursuant to] candidate provided for in this section must be filed with the [Secretary of State on or] appropriate filing officer before 5 p.m. on the fourth Friday in July of the year in which the general election is held . [,] In each case, the candidate must file a declaration of candidacy with the appropriate filing officer and pay the [statutory] filing fee [must be paid with] required by NRS 293.193 before 5 p.m. on the date the designation [.] is filed.

      Sec. 14. NRS 293.1725 is hereby amended to read as follows:

      293.1725  1.  Except as otherwise provided in subsection 4, a minor political party that wishes to place its candidates for partisan office on the ballot for a general election and:

      (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715; or

      (b) Files or will file a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715,

Ê must file with the Secretary of State a list of its candidates for partisan office not earlier than the first Monday in March preceding the election [nor] and not later than 5 p.m. on the second Friday after the first Monday in March. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The list may be amended not later than 5 p.m. on the second Friday after the first Monday in March.

 


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      2.  The Secretary of State shall immediately forward a certified copy of the list of candidates for partisan office of each minor political party to the filing officer with whom each candidate must file his or her declaration of candidacy.

      3.  Each candidate on the list must file his or her declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 not earlier than the date on which the list of candidates for partisan office of the minor political party is filed with the Secretary of State [nor] and not later than 5 p.m. on the second Friday after the first Monday in March.

      4.  A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has qualified to place the names of its candidates for partisan office on the ballot for the general election pursuant to subsection 2 of NRS 293.1715 must file with the Secretary of State a certificate of nomination for these offices not later than the last Tuesday in August.

      Sec. 15. NRS 293.1755 is hereby amended to read as follows:

      293.1755  1.  In addition to any other requirement provided by law, no person may be a candidate for any office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations of candidacy [or acceptances of candidacy] for the office which the person seeks, the person has, in accordance with NRS 281.050, actually, as opposed to constructively, resided in the State, district, county, township or other area prescribed by law to which the office pertains and, if elected, over which he or she will have jurisdiction or will represent.

      2.  Any person who knowingly and willfully files a declaration of candidacy [or acceptance of candidacy] which contains a false statement regarding the person’s residency in violation of this section is guilty of a gross misdemeanor.

      3.  The provisions of this section do not apply to candidates for:

      (a) Any federal office.

      (b) The office of district attorney.

      Sec. 16. NRS 293.177 is hereby amended to read as follows:

      293.177  1.  Except as otherwise provided in NRS 293.165 and 293.166, a name may not be printed on a ballot to be used at a primary election unless the person named has filed a declaration of candidacy [or an acceptance of candidacy,] with the appropriate filing officer and [has] paid the filing fee required by NRS 293.193 not earlier than:

      (a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January; and

      (b) For all other candidates, the first Monday in March of the year in which the election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

      2.  A declaration of candidacy [or an acceptance of candidacy] required to be filed [by] pursuant to this [section] chapter must be in substantially the following form:

      (a) For partisan office:

 


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Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of ...................................

 

For the purpose of having my name placed on the official ballot as a candidate for the ................ Party nomination for the office of ………, I, the undersigned …….., do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………., in the City or Town of ……., County of ………., State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ............, and the address at which I receive mail, if different than my residence, is .........; that I am registered as a member of the ................ Party; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that I have not, in violation of the provisions of NRS 293.176, changed the designation of my political party or political party affiliation on an official application to register to vote in any state since December 31 before the closing filing date for this election; that I generally believe in and intend to support the concepts found in the principles and policies of that political party in the coming election; that if nominated as a candidate of the ................ Party at the ensuing election, I will accept that nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy [or acceptance of candidacy] which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

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

                                                                      (Designation of name)

 

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

                                                            (Signature of candidate for office)

 


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Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                         

           Notary Public or other person

         authorized to administer an oath

 

      (b) For nonpartisan office:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

County of ...................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of ................, I, the undersigned ................, do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at ………, in the City or Town of ……., County of ………, State of Nevada; that my actual, as opposed to constructive, residence in the State, district, county, township, city or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is ..........., and the address at which I receive mail, if different than my residence, is ..........; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a nonpartisan candidate at the ensuing election, I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy [or acceptance of candidacy] which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

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

                                                                      (Designation of name)

 

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

                                                            (Signature of candidate for office)

 


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Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                         

         Notary Public or other person

       authorized to administer an oath

 

      3.  The address of a candidate which must be included in the declaration of candidacy [or acceptance of candidacy] pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration [or acceptance] of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

      (a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to his or her residence; and

      (b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card issued pursuant to NRS 293.517.

      4.  If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

      (a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

      (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

      5.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.

      6.  By filing the declaration [or acceptance] of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration [or acceptance] of candidacy.

 


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acceptance] of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.

      7.  If the filing officer receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the filing officer:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the Attorney General, if the filing officer is the Secretary of State, or to the district attorney, if the filing officer is a person other than the Secretary of State.

      8.  The receipt of information by the Attorney General or district attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182 to which the provisions of NRS 293.2045 apply.

      9.  Any person who knowingly and willfully files a declaration of candidacy [or acceptance of candidacy] which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 17. NRS 293.181 is hereby amended to read as follows:

      293.181  1.  A candidate for the office of State Senator, Assemblyman or Assemblywoman must execute and file , with his or her declaration of candidacy , [or acceptance of candidacy] a declaration of residency which must be in substantially the following form:

 

I, the undersigned, do swear or affirm under penalty of perjury that I have been a citizen resident of this State as required by NRS 218A.200; that I understand that knowingly and willfully filing a declaration of residency which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I have actually, as opposed to constructively, resided at the following residence or residences since November 1 of the preceding year:

 

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

Street Address                                       Street Address

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

City or Town                                          City or Town

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

State                                                        State

 

From.................     To..................           From......................   To....................

Dates of Residency                               Dates of Residency

 


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

Street Address                                       Street Address

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

City or Town                                          City or Town

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

State                                                        State

 

From.................     To..................           From......................   To....................

Dates of Residency                               Dates of Residency

(Attach additional sheet or sheets of residences as necessary)

 

      2.  Each address of a candidate which must be included in the declaration of residency pursuant to subsection 1 must be the street address of the residence where the candidate actually, as opposed to constructively, resided or resides in accordance with NRS 281.050, if one has been assigned. The declaration of residency must not be accepted for filing if any of the candidate’s addresses are listed as a post office box unless a street address has not been assigned to the residence.

      3.  Any person who knowingly and willfully files a declaration of residency which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 18. NRS 293.182 is hereby amended to read as follows:

      293.182  1.  After a person files a declaration of candidacy [or an acceptance of candidacy] to be a candidate for an office, and not later than 5 days after the last day the person may withdraw his or her candidacy pursuant to NRS 293.202, an elector may file with the filing officer for the office a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or laws of this State. Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the person who is being challenged.

      2.  A challenge filed pursuant to subsection 1 must:

      (a) Indicate each qualification the person fails to meet;

      (b) Have attached all documentation and evidence supporting the challenge; and

      (c) Be in the form of an affidavit, signed by the elector under penalty of perjury.

      3.  Upon receipt of a challenge pursuant to subsection 1:

      (a) The Secretary of State shall immediately transmit the challenge to the Attorney General.

      (b) A filing officer other than the Secretary of State shall immediately transmit the challenge to the district attorney.

      4.  If the Attorney General or district attorney determines that probable cause exists to support the challenge, the Attorney General or district attorney shall, not later than 5 working days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person.

 


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The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

      5.  If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the Constitution or laws of this State, or if the person fails to appear at the hearing, the person is subject to the provisions of NRS 293.2045.

      6.  If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the person who was challenged.

      Sec. 19. NRS 293.184 is hereby amended to read as follows:

      293.184  1.  In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a declaration of candidacy [or acceptance of candidacy] which contains a false statement:

      (a) The name of the person must not appear on any ballot for the election for which the person filed the declaration of [candidacy or acceptance of] candidacy, except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply; and

      (b) The person is disqualified from entering upon the duties of the office for which the person filed the declaration of [candidacy or acceptance of] candidacy.

      2.  If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election because the statutory deadline for making changes to the ballot has passed, the appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.

      3.  The provisions of this section may be enforced in any preelection action to which the provisions of NRS 293.2045 apply.

      Sec. 20. NRS 293.185 is hereby amended to read as follows:

      293.185  [The] A declaration of candidacy [, the certificate of candidacy and the acceptance of candidacy] must be filed with the appropriate filing officer, during regular office hours, as follows:

      1.  For United States Senator, Representative in Congress, statewide offices, State Senators, Assemblymen and Assemblywomen to be elected from districts comprising more than one county, and all other offices whose districts comprise more than one county, with the Secretary of State.

      2.  For Representative in Congress and district offices voted for wholly within one county, State Senators, Assemblymen and Assemblywomen to be elected from districts comprising but one or part of one county, county and township officers, with the county clerk.

      Sec. 21. NRS 293.186 is hereby amended to read as follows:

      293.186  The Secretary of State and each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, or city clerk who receives from a candidate for public office a declaration of candidacy [, acceptance of candidacy or certificate of candidacy] shall give to the candidate:

      1.  If the candidate is a candidate for judicial office, the form prescribed by the Administrative Office of the Courts for the making of a financial disclosure statement;

 


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      2.  If the candidate is not a candidate for judicial office and is required to file electronically the financial disclosure statement, access to the electronic form prescribed by the Secretary of State; or

      3.  If the candidate is not a candidate for judicial office, is required to submit the financial disclosure statement electronically and has submitted an affidavit to the Secretary of State pursuant to NRS 281.572, the form prescribed by the Secretary of State,

Ê accompanied by instructions on how to complete the form and the time by which it must be filed.

      Sec. 22. NRS 293.187 is hereby amended to read as follows:

      293.187  1.  Not later than 5 working days after the last day on which [any] a candidate for nonjudicial office may withdraw his or her candidacy pursuant to NRS 293.202:

      (a) The Secretary of State shall forward to each county clerk a certified list containing the name and mailing address of each person for whom candidacy papers for judicial and nonjudicial office have been filed in the Office of the Secretary of State, and who is entitled to be voted for in the county at the next succeeding primary election, together with the title of the office for which the person is a candidate and the party or principles he or she represents; and

      (b) Each county clerk shall forward to the Secretary of State a certified list containing the name and mailing address of each person for whom candidacy papers for judicial and nonjudicial office have been filed in the office of the county clerk, and who is entitled to be voted for in the county at the next succeeding primary election, together with the title of the office for which the person is a candidate and the party or principles he or she represents.

      2.  There must be a party designation only for candidates for partisan offices.

      Sec. 23. NRS 293.193 is hereby amended to read as follows:

      293.193  1.  Fees as listed in this section for filing declarations of candidacy [or acceptances of candidacy] must be paid to the filing officer by cash, cashier’s check or certified check.

 

United States Senator............................................................................. $500

Representative in Congress..................................................................... 300

Governor..................................................................................................... 300

Justice of the Supreme Court................................................................... 300

Any state office, other than Governor or justice of the Supreme Court 200

District judge.............................................................................................. 150

Justice of the peace................................................................................... 100

Any county office..................................................................................... 100

State Senator.............................................................................................. 100

Assemblyman or Assemblywoman........................................................ 100

Any district office other than district judge............................................ 30

Constable or other town or township office............................................ 30

 

For the purposes of this subsection, trustee of a county school district, hospital or hospital district is not a county office.

 


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      2.  No filing fee may be required from a candidate for an office the holder of which receives no compensation.

      3.  The county clerk shall pay to the county treasurer all filing fees received from candidates. The county treasurer shall deposit the money to the credit of the general fund of the county.

      4.  Except as otherwise provided in NRS 293.194, a filing fee paid pursuant to this section is not refundable.

      Sec. 24. NRS 293.194 is hereby amended to read as follows:

      293.194  The filing fee of an independent candidate who files a petition pursuant to NRS 293.200 or 298.109, of a candidate of a minor political party or of a candidate of a new major political party, must be returned to the candidate by the filing officer to whom the fee was paid within 10 days after the date on which a final determination is made that the petition of the candidate, minor political party or new major political party failed to contain the required number of signatures.

      Sec. 25. NRS 293.200 is hereby amended to read as follows:

      293.200  1.  An independent candidate for partisan office must file with the appropriate filing officer as set forth in NRS 293.185:

      (a) A copy of the petition of candidacy that he or she intends to subsequently circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 10 working days before the last day to file the petition pursuant to subsection 4. The copy of the petition must be filed with the appropriate filing officer before the petition may be circulated for signatures.

      (b) Either of the following:

             (1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:

                   (I) This State for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;

                   (II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or

                   (III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.

             (2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.

      2.  The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated, and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 10 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his or her signature the address of the place at which the person actually resides, the date that he or she signs the petition and the name of the county where he or she is registered to vote.

 


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county where he or she is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his or her knowledge and belief and were signed in his or her presence by persons registered to vote in that county.

      3.  The petition of candidacy may state the principle, if any, which the person qualified represents.

      4.  Petitions of candidacy must be filed not earlier than the first Monday in March preceding the general election and not later than 5 p.m. on the third Friday in June.

      5.  No petition of candidacy may contain the name of more than one candidate for each office to be filled.

      6.  A person may not file as an independent candidate if he or she is proposing to run as the candidate of a political party.

      7.  The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.

      8.  If the sufficiency of the petition of the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Friday in June. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Friday in June.

      9.  Any challenge pursuant to subsection 8 must be filed with:

      (a) The First Judicial District Court if the petition of candidacy was filed with the Secretary of State.

      (b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.

      10.  The district court in which the challenge is filed shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

      11.  An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 not earlier than the first Monday in March of the year in which the election is held [nor] and not later than 5 p.m. on the second Friday after the first Monday in March.

      Sec. 26. NRS 293.203 is hereby amended to read as follows:

      293.203  Immediately upon receipt by the county clerk of the certified list of candidates for judicial and nonjudicial office from the Secretary of State [,] pursuant to NRS 293.187, the county clerk shall publish a notice of primary election or general election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice must contain:

      1.  The date of the election.

      2.  The location of the polling places.

      3.  The hours during which the polling places will be open for voting.

      4.  The names of the candidates.

      5.  A list of the offices to which the candidates seek nomination or election.

Ê The notice required for a general election pursuant to this section may be published in conjunction with the notice required for a proposed constitution or constitutional amendment pursuant to NRS 293.253.

 


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or constitutional amendment pursuant to NRS 293.253. If the notices are combined in this manner, they must be published three times in accordance with subsection 3 of NRS 293.253.

      Sec. 27. NRS 293.204 is hereby amended to read as follows:

      293.204  [If] Except as otherwise provided in NRS 306.110, if a special election is held pursuant to the provisions of this title, the Secretary of State shall prescribe the [time] period during which a candidate must file a declaration [or acceptance] of candidacy [.] with the appropriate filing officer and pay the filing fee required by NRS 293.193.

      Sec. 28. NRS 293.2045 is hereby amended to read as follows:

      293.2045  1.  In addition to any other remedy or penalty provided by law, but except as otherwise provided in NRS 293.1265, if a court of competent jurisdiction finds in any preelection action that a person who is a candidate for any office fails to meet any qualification required for the office pursuant to the Constitution or laws of this State:

      (a) The name of the person must not appear on any ballot for the election for which the person filed a declaration of [candidacy or acceptance of] candidacy, except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply; and

      (b) The person is disqualified from entering upon the duties of the office for which the person filed a declaration of [candidacy or acceptance of] candidacy.

      2.  If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election because the statutory deadline for making changes to the ballot has passed, the appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.

      3.  The provisions of this section apply to any preelection action brought to challenge a person who is a candidate for any office on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or laws of this State, including, without limitation, any action brought pursuant to NRS 281.050, 293.182 or 293C.186 or any action brought for:

      (a) Declaratory or injunctive relief pursuant to chapter 30 or 33 of NRS;

      (b) Writ relief pursuant to chapter 34 of NRS; or

      (c) Any other legal or equitable relief.

      Sec. 29. NRS 293.209 is hereby amended to read as follows:

      293.209  1.  A political subdivision of this State shall not create, divide, change the boundaries of, abolish or consolidate an election district after the first day of filing by candidates for nonjudicial office during any year in which a general election or general city [general] election is held for that election district.

      2.  This section does not prohibit a political subdivision from annexing territory in a year in which a general election or general city [general] election is held for that election district.

      Sec. 30. NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The Secretary of State shall adopt regulations, not inconsistent with the election laws of this State, for the conduct of primary, general, special and district elections in all cities and counties. Permanent regulations of the Secretary of State that regulate the conduct of a primary, general, special or district election and are effective on or before the last business day of February immediately preceding a primary, general, special or district election govern the conduct of that election.

 


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business day of February immediately preceding a primary, general, special or district election govern the conduct of that election.

      2.  The Secretary of State shall prescribe the forms for a declaration of candidacy [, certificate of candidacy, acceptance of candidacy] and any petition which is filed pursuant to the [general] election laws of this State.

      3.  The regulations must prescribe:

      (a) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

      (b) The form and placement of instructions to voters;

      (c) The disposition of election returns;

      (d) The procedures to be used for canvasses, ties, recounts and contests, including, without limitation, the appropriate use of a paper record created when a voter casts a ballot on a mechanical voting system that directly records the votes electronically;

      (e) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391 or 293C.390;

      (f) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;

      (g) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronically and which creates a paper record when a voter casts a ballot on the system;

      (h) The acceptable standards for the sending and receiving of applications, forms and ballots, by approved electronic transmission, by the county clerks and the electors, registered voters or other persons who are authorized to use approved electronic transmission pursuant to the provisions of this title;

      (i) The forms for applications to preregister and register to vote and any other forms necessary for the administration of this title; and

      (j) Such other matters as determined necessary by the Secretary of State.

      4.  The Secretary of State may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this State.

      5.  The Secretary of State shall prepare and distribute to each county and city clerk copies of:

      (a) Laws and regulations concerning elections in this State;

      (b) Interpretations issued by the Secretary of State’s Office; and

      (c) Any Attorney General’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the Secretary of State.

      Sec. 31. NRS 293.257 is hereby amended to read as follows:

      293.257  1.  There must be a separate primary ballot for each major political party. The names of candidates for partisan offices who have designated a major political party in the declaration of candidacy [or acceptance of candidacy] must appear on the primary ballot of the major political party designated.

      2.  The county clerk may choose to place the names of candidates for nonpartisan offices on the ballots for each major political party or on a separate nonpartisan primary ballot, but the arrangement which the county clerk selects must permit all registered voters to vote on them.

 


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      3.  A registered voter may cast a primary ballot for a major political party at a primary election only if the registered voter designated on his or her application to register to vote an affiliation with that major political party.

      Sec. 32. NRS 293.260 is hereby amended to read as follows:

      293.260  1.  If there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot at the primary election.

      2.  If a major political party has two or more candidates for a particular office, the person who receives the highest number of votes at the primary election must be declared the nominee of that major political party for the office.

      3.  If not more than the number of candidates to be elected have filed for nomination for:

      (a) Any partisan office or the office of judge of a district court, judge of the Court of Appeals or justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for the general election;

      (b) Any nonpartisan office, other than the office of judge of a district court, judge of the Court of Appeals, justice of the Supreme Court or member of a town advisory board, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, the candidate must be declared elected to the office and his or her name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his or her name must be placed on the ballot for the general election; and

      (c) The office of member of a town advisory board, the candidate must be declared elected to the office and no election must be held for that office.

      4.  If there are not more than twice the number of candidates to be elected to a nonpartisan office, the candidates must, without a primary election, be declared the nominees for the office, and the names of the candidates must be omitted from all ballots for a primary election and placed on all ballots for the general election.

      5.  If there are more than twice the number of candidates to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. [Those] Except as otherwise provided in NRS 293.400, those candidates who receive the highest number of votes at the primary election, not to exceed twice the number to be elected, must be declared nominees for the office and the names of those candidates must be placed on the ballot for the general election, except that if one of those candidates receives a majority of the votes cast in the primary election for:

      (a) The office of judge of a district court, judge of the Court of Appeals or justice of the Supreme Court, the candidate must be declared the only nominee for the office and only his or her name must be placed on the ballot for the general election.

      (b) Any other nonpartisan office, the candidate must be declared elected to the office and his or her name must not be placed on the ballot for the general election.

 


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      Sec. 33. NRS 293.2696 is hereby amended to read as follows:

      293.2696  The Secretary of State and each county and city clerk shall ensure that each voting system used in this State:

      1.  Secures to each voter privacy and independence in the act of voting, including, without limitation, confidentiality of the ballot of the voter;

      2.  Allows each voter to verify privately and independently the votes selected by the voter on the ballot before the ballot is cast and counted;

      3.  Provides each voter with the opportunity, in a private and independent manner, to change the ballot and to correct any error before the ballot is cast and counted, including, without limitation, the opportunity to correct an error through the issuance of a replacement ballot if the voter is otherwise unable to change the ballot or correct the error;

      4.  Provides a permanent paper record with a manual audit capacity; and

      5.  Meets or exceeds the standards for voting systems established by the [Federal] United States Election Assistance Commission, including, without limitation, the error rate standards.

      Sec. 34. NRS 293.275 is hereby amended to read as follows:

      293.275  [No]

      1.  An election board may not perform its duty in serving registered voters at any polling place in any election provided for in this title, unless it has before it the roster for the polling place.

      2.  If a county clerk uses an electronic roster, not earlier than 2 weeks before and not later than 5 p.m. on the day before the first day of the period for early voting by personal appearance, the county clerk shall complete a test of the electronic roster to ensure its functionality in accordance with regulations adopted by the Secretary of State.

      Sec. 35. NRS 293.400 is hereby amended to read as follows:

      293.400  1.  If, after the completion of the canvass of the returns of any election, two or more persons receive an equal number of votes, which is sufficient for the election of one or more but fewer than all of them to the office, the person or persons elected must be determined as follows:

      (a) In a general election for a United States Senator, Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the Legislature shall, by joint vote of both houses, elect one of those persons to fill the office.

      (b) In a primary election for a United States Senator, Representative in Congress, state officer who is elected statewide or by district, district judge, or district officer whose district includes area in more than one county, the Secretary of State shall summon the candidates who have received the tie votes to appear before the Secretary of State at a time and place designated by the Secretary of State and the Secretary of State shall determine the tie by lot. If the tie vote is for the office of Secretary of State, the Governor shall perform these duties.

      (c) [For] In a primary election for any partisan office of or general election for any partisan or nonpartisan office of a county, township, incorporated city, city organized under a special charter where the charter is silent as to determination of a tie vote [,] in such an election, or district which is wholly located within one county, the county clerk shall summon the candidates who have received the tie votes to appear before the county clerk at a time and place designated by the county clerk and determine the tie by lot.

 


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clerk at a time and place designated by the county clerk and determine the tie by lot. If the tie vote is for the office of county clerk, the board of county commissioners shall perform these duties.

      (d) In a primary election for any nonpartisan office of a county, township, incorporated city, city organized under a special charter where the charter is silent as to determination of a tie vote in such an election, or district which is wholly located within one county:

             (1) If the candidates who received the tie votes received the highest number of votes at the primary election, all of those candidates must be declared nominees for the office and placed on the ballot for the general election.

             (2) If the candidates who have received the tie votes did not receive the highest number of votes but received the next highest number of votes, the candidate who received the highest number of votes at the primary election and the candidates who received the tie votes at the primary election must be declared the nominees for the office and placed on the ballot for the general election unless:

                   (I) The candidate who received the highest number of votes at the primary election received a majority of the votes cast in the primary election; and

                   (II) The provisions of NRS 293.260 or 293C.175 or any other law or special charter require such a candidate to be declared elected to the office at the primary election.

      2.  The summons mentioned in this section must be mailed to the address of the candidate as it appears upon the candidate’s declaration of candidacy at least 5 days before the day fixed for the determination of the tie vote and must contain the time and place where the determination will take place.

      3.  The right to a recount extends to all candidates in case of a tie.

      Sec. 36. NRS 293.403 is hereby amended to read as follows:

      293.403  1.  A candidate defeated at any election may demand and receive a recount of the vote for the office for which he or she is a candidate to determine the number of votes received for the candidate and the number of votes received for the person who won the election if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes the candidate who demands the recount:

      (a) Files in writing a demand with the officer with whom the candidate filed his or her declaration of [candidacy or acceptance of] candidacy; and

      (b) Deposits in advance the estimated costs of the recount with that officer.

      2.  Any voter at an election may demand and receive a recount of the vote for a ballot question if within 3 working days after the canvass of the vote and the certification by the county clerk or city clerk of the abstract of votes, the voter:

      (a) Files in writing a demand with:

             (1) The Secretary of State, if the demand is for a recount of a ballot question affecting more than one county; or

             (2) The county or city clerk who will conduct the recount, if the demand is for a recount of a ballot question affecting only one county or city; and

 


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      (b) Deposits in advance the estimated costs of the recount with the person to whom the demand was made.

      3.  The estimated costs of the recount must be determined by the person with whom the advance is deposited based on regulations adopted by the Secretary of State defining the term “costs.”

      4.  As used in this section, “canvass” means:

      (a) In any primary election, the canvass by the board of county commissioners of the returns for a candidate or ballot question voted for in one county or the canvass by the board of county commissioners last completing its canvass of the returns for a candidate or ballot question voted for in more than one county.

      (b) In any primary city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      (c) In any general election:

             (1) The canvass by the Supreme Court of the returns for a candidate for a statewide office or a statewide ballot question; or

             (2) The canvass of the board of county commissioners of the returns for any other candidate or ballot question, as provided in paragraph (a).

      (d) In any general city election, the canvass by the city council of the returns for a candidate or ballot question voted for in the city.

      Sec. 37. NRS 293.437 is hereby amended to read as follows:

      293.437  1.  The county or city clerk may designate any building, public or otherwise, or any portion of a building, as the site for any polling place or any number of polling places for any of the precincts or districts in the county or city.

      2.  If, in the opinion of the county or city clerk, the convenience and comfort of the voters and election officers will be best served by putting two or more polling places in any such building, or if, in the opinion of the county or city clerk, the expense to the county or city for polling places can be diminished by putting two or more polling places in any such building, the county or city clerk may so provide.

      3.  In precincts where there are no public buildings or other appropriate locations owned by the State, county, township, city, town or precinct, privately owned locations may be rented at a rate not to exceed $35 for each election if only one precinct is involved and at a rate not to exceed $50 for each election if more than one precinct is involved.

      4.  The legal rights and remedies which inure to the owner or lessor of private property are not impaired or otherwise affected by the leasing of the property for use as a polling place pursuant to subsection 3, except to the extent necessary to conduct voting at that location.

      Sec. 38. NRS 293.518 is hereby amended to read as follows:

      293.518  1.  Except as otherwise provided in sections 3 and 4 of the 2018 Ballot Question No. 5, the Automatic Voter Registration Initiative, at the time a person preregisters or an elector registers to vote, the person or elector must indicate:

      (a) A political party affiliation; or

      (b) That he or she is not affiliated with a political party.

Ê A person or an elector who indicates that he or she is “independent” shall be deemed not affiliated with a political party.

      2.  If a person or an elector indicates that he or she is not affiliated with a political party, or is independent, the county clerk or field registrar of voters shall list the person’s or elector’s political party as nonpartisan.

 


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      3.  If a person or an elector indicates an affiliation with a major political party or a minor political party that has filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall list the person’s or elector’s political party as indicated by the person or elector.

      4.  If a person or an elector indicates an affiliation with a minor political party that has not filed a certificate of existence with the Secretary of State, the county clerk or field registrar of voters shall:

      (a) List the person’s or elector’s political party as the party indicated in the application to preregister or register to vote, as applicable.

      (b) When compiling data related to preregistration and voter registration for the county, report the person’s or elector’s political party as “other party.”

      5.  [If] Except as otherwise provided in subsection 6, if a person or an elector does not make any of the indications described in subsection 1, the county clerk or field registrar of voters shall:

      (a) List the person’s or elector’s political party as nonpartisan; and

      (b) Mail to the person or elector a notice setting forth that the person has been preregistered or the elector has been registered to vote, as applicable, as a nonpartisan because he or she did not make any of the indications described in subsection 1.

      6.  Except as otherwise provided in subsection 7, if a person who is preregistered or registered to vote:

      (a) Submits a new paper application to preregister or register to vote in the same county in which the person is preregistered or registered to vote; and

      (b) The person does not make any of the indications described in subsection 1 on the new paper application,

Ê the county clerk or field registrar of voters shall not change the person’s existing political party affiliation that was established by his or her prior application pursuant to this section and is listed in the current records of the county clerk.

      7.  The provisions of subsection 6 do not apply to a voter who registers to vote using the National Mail Voter Registration Application promulgated by the United States Election Assistance Commission pursuant to the National Voter Registration Act, 52 U.S.C. § 20501 et seq., as amended.

      Sec. 39. NRS 293.5235 is hereby amended to read as follows:

      293.5235  1.  Except as otherwise provided in NRS 293.502 and chapter 293D of NRS, a person may preregister or register to vote by mailing an application to preregister or register to vote to the county clerk of the county in which the person resides or may preregister or register to vote by computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to preregister or register to vote. The county clerk shall, upon request, mail an application to preregister or register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to preregister to vote may be used to correct information in a previous application. An application to register to vote may be used to correct information in the registrar of voters’ register.

      2.  An application to preregister or register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person.

 


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county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

      3.  The applicant must complete the application, including, without limitation, checking the boxes described in paragraphs (b) and (c) of subsection 10 and signing the application.

      4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

      5.  If the county clerk determines that the application is complete, he or she shall, within 10 days after receiving the application, mail to the applicant:

      (a) A notice that the applicant is preregistered or registered to vote, as applicable. If the applicant is registered to vote, the county clerk must also mail to the applicant a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) A notice that the person’s application to preregister to vote or the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

      6.  Except as otherwise provided in [subsection] subsections 5 and 6 of NRS 293.518, if the county clerk determines that the application is not complete, the county clerk shall, as soon as possible, mail a notice to the applicant that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after receiving the information, mail to the applicant:

      (a) A notice that the applicant is:

             (1) Preregistered to vote; or

             (2) Registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) A notice that the person’s application to preregister to vote or the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

Ê If the applicant does not provide the additional information within the prescribed period, the application is void.

      7.  The applicant shall be deemed to be preregistered or registered or to have corrected the information in the application to preregister to vote or the registrar of voters’ register on the date the application is postmarked or received by the county clerk, whichever is earlier.

      8.  If the applicant fails to check the box described in paragraph (b) of subsection 10, the application shall not be considered invalid and the county clerk shall provide a means for the applicant to correct the omission at the time the applicant appears to vote in person at the assigned polling place.

      9.  The Secretary of State shall prescribe the form for applications to preregister or register to vote by:

      (a) Mail, which must be used to preregister or register to vote by mail in this State.

      (b) Computer, which must be used to preregister or register to vote in a county if the county clerk has established a system pursuant to NRS 293.506 for using a computer to preregister or register to vote.

      10.  The application to preregister or register to vote by mail must include:

      (a) A notice in at least 10-point type which states:

 


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       NOTICE: You are urged to return your application to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be preregistered or registered to vote, as applicable. Please retain the duplicate copy or receipt from your application to preregister or register to vote.

 

      (b) The question, “Are you a citizen of the United States?” and boxes for the applicant to check to indicate whether or not the applicant is a citizen of the United States.

      (c) If the application is to:

             (1) Preregister to vote, the question, “Are you at least 17 years of age and not more than 18 years of age?” and boxes to indicate whether or not the applicant is at least 17 years of age and not more than 18 years of age.

             (2) Register to vote, the question, “Will you be at least 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether or not the applicant will be at least 18 years of age or older on election day.

      (d) A statement instructing the applicant not to complete the application if the applicant checked “no” in response to the question set forth in:

             (1) If the application is to preregister to vote, paragraph (b) or subparagraph (1) of paragraph (c).

             (2) If the application is to register to vote, paragraph (b) or subparagraph (2) of paragraph (c).

      (e) A statement informing the applicant that if the application is submitted by mail and the applicant is preregistering or registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of NRS 293.2725 to avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.

      11.  Except as otherwise provided in [subsection] subsections 5 and 6 of NRS 293.518, the county clerk shall not preregister or register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

      12.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on the application to preregister or register to vote in the manner set forth in NRS 293.530.

      13.  A person who, by mail, preregisters or registers to vote pursuant to this section may be assisted in completing the application to preregister or register to vote by any other person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

      14.  An application to preregister or register to vote must be made available to all persons, regardless of political party affiliation.

      15.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.

 


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      16.  A person who willfully violates any of the provisions of subsection 13, 14 or 15 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

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

      Sec. 40. NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300:

      (a) For a primary or general election, or a recall or special election that is held on the same day as a primary or general election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary or general election.

             (2) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035, is the third Tuesday preceding the primary or general election.

            (3) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters, is the Thursday preceding the first day of the period for early voting.

      (b) If a recall or special election is not held on the same day as a primary or general election, the last day to register to vote for the recall or special election by any [means] method of registration is the third Saturday preceding the recall or special election.

      2.  For a primary or special election, the office of the county clerk must be open until 7 p.m. during the last 2 days on which a person may register to vote in person. In a county whose population is less than 100,000, the office of the county clerk may close at 5 p.m. during the last 2 days a person may register to vote in person if approved by the board of county commissioners.

      3.  For a general election:

      (a) In a county whose population is less than 100,000, the office of the county clerk must be open until 7 p.m. during the last 2 days on which a person may register to vote in person. The office of the county clerk may close at 5 p.m. if approved by the board of county commissioners.

      (b) In a county whose population is 100,000 or more, the office of the county clerk must be open during the last 4 days on which a person may register to vote in person, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

      4.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The county clerk of each county shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the county indicating:

             (1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and

             (2) If the county clerk has designated a county facility pursuant to NRS 293.5035, the location of that facility.

Ê If no such newspaper is published in the county, the publication may be made in a newspaper of general circulation published in the nearest county in this State.

 


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      (b) The notice must be published once each week for 4 consecutive weeks next preceding the [close] day that the last method of registration for [any] the election [.] , as set forth in subsection 1, will be closed.

      5.  The offices of the county clerk, a county facility designated pursuant to NRS 293.5035 and other ex officio registrars may remain open on the last Friday in October in each even-numbered year.

      6.  A county facility designated pursuant to NRS 293.5035 may be open during the periods described in this section for such hours of operation as the county clerk may determine, as set forth in subsection 3 of NRS 293.5035.

      Sec. 41. NRS 293B.063 is hereby amended to read as follows:

      293B.063  No mechanical voting system may be used in this State unless it meets or exceeds the standards for voting systems established by the [Federal] United States Election Assistance Commission . [pursuant to federal law.]

      Sec. 42. NRS 293B.104 is hereby amended to read as follows:

      293B.104  The Secretary of State shall not approve any mechanical voting system which does not meet or exceed the standards for voting systems established by the [Federal] United States Election Assistance Commission . [pursuant to federal law.]

      Sec. 43. Chapter 293C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An election board may not perform its duty in serving registered voters at any polling place in any election provided for in this title, unless it has before it the roster for the polling place.

      2.  If a city clerk uses an electronic roster, not earlier than 2 weeks before and not later than 5 p.m. on the day before the first day of the period for early voting by personal appearance, the city clerk shall complete a test of the electronic roster to ensure its functionality in accordance with regulations adopted by the Secretary of State.

      Sec. 43.5. NRS 293C.180 is hereby amended to read as follows:

      293C.180  1.  If at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate who has filed for nomination for an office, that candidate must be declared elected and no election may be held for that office.

      2.  Except as otherwise provided in subsection 1, if not more than twice the number of candidates to be elected have filed for nomination for an office, the names of those candidates must be omitted from all ballots for a primary city election and placed on all ballots for a general city election.

      3.  If more than twice the number of candidates to be elected have filed for nomination for an office, the names of the candidates must appear on the ballot for a primary city election. Except as otherwise provided in NRS 293.400 and subsection 4 of NRS 293C.175, those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Sec. 44. NRS 293C.185 is hereby amended to read as follows:

      293C.185  1.  Except as otherwise provided in NRS 293C.115 and 293C.190, a name may not be printed on a ballot to be used at a primary city election unless the person named has filed a declaration of candidacy [or an acceptance of candidacy] with the appropriate filing officer and [has] paid the filing fee established by the governing body of the city not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.

 


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      2.  A declaration of candidacy required to be filed [by] pursuant to this [section] chapter must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

City of......................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of .................., I, .................., the undersigned do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .................., in the City or Town of .................., County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .................., and the address at which I receive mail, if different than my residence, is ..................; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy [or acceptance of candidacy] which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

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

                                                                        (Designation of name)

 

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

                                                            (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                          

           Notary Public or other person

         authorized to administer an oath

 


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      3.  The address of a candidate that must be included in the declaration [or acceptance] of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration [or acceptance] of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

      (a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to the residence; and

      (b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card issued pursuant to NRS 293.517.

      4.  If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

      (a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

      (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

      5.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.

      6.  By filing the declaration [or acceptance] of candidacy, the candidate shall be deemed to have appointed the city clerk as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration [or acceptance] of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

 


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      7.  If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the city clerk:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.

      8.  The receipt of information by the city attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186 to which the provisions of NRS 293.2045 apply.

      9.  Any person who knowingly and willfully files a declaration of candidacy [or acceptance of candidacy] which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 45. NRS 293C.186 is hereby amended to read as follows:

      293C.186  1.  After a person files a declaration of candidacy [or an acceptance of candidacy] to be a candidate for an office, and not later than 5 days after the last day the person may withdraw his or her candidacy pursuant to NRS 293C.195, an elector may file with the city clerk a written challenge of the person on the grounds that the person fails to meet any qualification required for the office pursuant to the Constitution or laws of this State. Before accepting the challenge from the elector, the filing officer shall notify the elector that if the challenge is found by a court to be frivolous, the elector may be required to pay the reasonable attorney’s fees and court costs of the person who is being challenged.

      2.  A challenge filed pursuant to subsection 1 must:

      (a) Indicate each qualification the person fails to meet;

      (b) Have attached all documentation and evidence supporting the challenge; and

      (c) Be in the form of an affidavit, signed by the elector under penalty of perjury.

      3.  Upon receipt of a challenge pursuant to subsection 1, the city clerk shall immediately transmit the challenge to the city attorney.

      4.  If the city attorney determines that probable cause exists to support the challenge, the city attorney shall, not later than 5 working days after receiving the challenge, petition a court of competent jurisdiction to order the person to appear before the court. Upon receipt of such a petition, the court shall enter an order directing the person to appear before the court at a hearing, at a time and place to be fixed by the court in the order, to show cause why the challenge is not valid. A certified copy of the order must be served upon the person. The court shall give priority to such proceedings over all other matters pending with the court, except for criminal proceedings.

      5.  If, at the hearing, the court determines by a preponderance of the evidence that the challenge is valid or that the person otherwise fails to meet any qualification required for the office pursuant to the Constitution or laws of this State, or if the person fails to appear at the hearing, the person is subject to the provisions of NRS 293.2045.

      6.  If, at the hearing, the court determines that the challenge is frivolous, the court may order the elector who filed the challenge to pay the reasonable attorney’s fees and court costs of the person who was challenged.

 


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      Sec. 46. NRS 293C.1865 is hereby amended to read as follows:

      293C.1865  1.  In addition to any other remedy or penalty provided by law, if a person knowingly and willfully files a declaration of candidacy [or acceptance of candidacy] which contains a false statement:

      (a) The name of the person must not appear on any ballot for the election for which the person filed the declaration of [candidacy or acceptance of] candidacy, except that if the statutory deadline for making changes to the ballot has passed, the provisions of subsection 2 apply; and

      (b) The person is disqualified from entering upon the duties of the office for which the person filed the declaration of [candidacy or acceptance of] candidacy.

      2.  If the name of a person who is disqualified from entering upon the duties of an office pursuant to subsection 1 appears on a ballot for the election because the statutory deadline for making changes to the ballot has passed, the appropriate election officers shall post a sign at each polling place where the person’s name will appear on the ballot informing voters that the person is disqualified from entering upon the duties of the office.

      3.  The provisions of this section may be enforced in any preelection action to which the provisions of NRS 293.2045 apply.

      Sec. 47. NRS 293C.190 is hereby amended to read as follows:

      293C.190  1.  Except as otherwise provided in NRS 293C.115, a vacancy occurring in a nomination for a city office after the close of filing and on or before 5 p.m. of the first Tuesday after the first Monday in March [in a] of the year in which [a] the general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. Except as otherwise provided in NRS 293C.115, the petition must be filed not earlier than the third Tuesday in February and not later than the third Tuesday after the third Monday in March [.] of the year in which the general city election is held. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election, and the candidate’s name must not appear on the ballot for a primary city election.

      2.  Except as otherwise provided in NRS 293C.115, a vacancy occurring in a nomination for a city office after 5 p.m. of the first Tuesday after the first Monday in March and on or before 5 p.m. of the second Tuesday after the second Monday in April of the year in which the general city election is held must be filled by the person who received the next highest vote for the nomination in the primary city election.

      3.  Except to place a candidate nominated pursuant to subsection 1 on the ballot and except as otherwise provided in NRS 293C.115, no change may be made on the ballot for the general city election after 5 p.m. of the second Tuesday after the second Monday in April of the year in which the general city election is held. If a nominee dies after that time and date, the nominee’s name must remain on the ballot for the general city election and, if elected, a vacancy exists.

      4.  Except as otherwise provided in NRS 293C.115, [all designations provided for in this section must be filed on or before 5 p.m. on the second Tuesday after the second Monday in April of the year in which the general city election is held. The] a candidate nominated pursuant to subsection 1 must file a declaration of candidacy with the appropriate filing officer and pay the filing fee [must be paid and an acceptance of the designation must be filed] established by the governing body of the city on or before 5 p.m.

 


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ê2019 Statutes of Nevada, Page 3399 (CHAPTER 546, SB 123)ê

 

filed] established by the governing body of the city on or before 5 p.m. on [that] the date [.] on which the nominating petition is filed pursuant to subsection 1 or on the third Tuesday after the third Monday in March of the year in which the general city election is held, whichever occurs first.

      Sec. 48. NRS 293C.195 is hereby amended to read as follows:

      293C.195  A withdrawal of candidacy for a city office must be in writing and presented to the city clerk by the candidate in person within 2 days, excluding Saturdays, Sundays and holidays, after the last day for filing a declaration of [candidacy or an acceptance of] candidacy.

      Sec. 49. NRS 293C.200 is hereby amended to read as follows:

      293C.200  1.  In addition to any other requirement provided by law, no person may be a candidate for a city office unless, for at least the 30 days immediately preceding the date of the close of filing of declarations [or acceptances] of candidacy for the office that the person seeks, the person has in accordance with NRS 281.050, actually, as opposed to constructively, resided in the city or other area prescribed by law to which the office pertains and, if elected, over which he or she will have jurisdiction or which he or she will represent.

      2.  Any person who knowingly and willfully files a declaration of candidacy [or acceptance of candidacy] which contains a false statement regarding the person’s residency in violation of this section is guilty of a gross misdemeanor.

      Sec. 50. NRS 293C.527 is hereby amended to read as follows:

      293C.527  1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300:

      (a) For a primary city election or general city election, or a recall or special election that is held on the same day as a primary city election or general city election, the last day to register to vote:

             (1) By mail is the fourth Tuesday preceding the primary city election or general city election.

             (2) By appearing in person at the office of the city clerk or, if open, a municipal facility designated pursuant to NRS 293C.520, is the third Tuesday preceding the primary city election or general city election.

             (3) By computer, if the county clerk of the county in which the city is located has established a system pursuant to NRS 293.506 for using a computer to register voters and:

                   (I) The governing body of the city has provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110, is the Thursday preceding the first day of the period for early voting.

                   (II) The governing body of the city has not provided for early voting by personal appearance pursuant to paragraph (b) of subsection 2 of NRS 293C.110, is the third Tuesday preceding any primary city election or general city election.

      (b) If a recall or special election is not held on the same day as a primary city election or general city election, the last day to register to vote for the recall or special election by any [means] method of registration is the third Saturday preceding the recall or special election.

      2.  For a primary city election or special city election, the office of the city clerk must be open until 7 p.m. during the last 2 days on which a person may register to vote in person.

 


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ê2019 Statutes of Nevada, Page 3400 (CHAPTER 546, SB 123)ê

 

may register to vote in person. In a city whose population is less than 25,000, the office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      3.  For a general election:

      (a) In a city whose population is less than 25,000, the office of the city clerk must be open until 7 p.m. during the last 2 days on which a person may register to vote in person. The office of the city clerk may close at 5 p.m. if approved by the governing body of the city.

      (b) In a city whose population is 25,000 or more, the office of the city clerk must be open during the last 4 days on which a person may register to vote in person, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

      4.  Except for a special election held pursuant to chapter 306 or 350 of NRS:

      (a) The city clerk of each city shall cause a notice signed by him or her to be published in a newspaper having a general circulation in the city indicating:

             (1) The day and time that each method of registration for the election, as set forth in subsection 1, will be closed; and

             (2) If the city clerk has designated a municipal facility pursuant to NRS 293C.520, the location of that facility.

Ê If no newspaper is of general circulation in that city, the publication may be made in a newspaper of general circulation in the nearest city in this State.

      (b) The notice must be published once each week for 4 consecutive weeks next preceding the [close] day on which the last method of registration for [any] the election [.] , as set forth in subsection 1, will be closed.

      5.  A municipal facility designated pursuant to NRS 293C.520 may be open during the periods described in this section for such hours of operation as the city clerk may determine, as set forth in subsection 3 of NRS 293C.520.

      Sec. 51. NRS 294A.0035 is hereby amended to read as follows:

      294A.0035  “Campaign expenses” means:

      1.  All expenses incurred by a candidate for a campaign, including, without limitation:

      (a) Office expenses;

      (b) Expenses related to volunteers;

      (c) Expenses related to travel;

      (d) Expenses related to advertising;

      (e) Expenses related to paid staff;

      (f) Expenses related to consultants;

      (g) Expenses related to polling;

      (h) Expenses related to special events;

      (i) Expenses related to a legal defense fund;

      (j) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;

      (k) Fees for filing declarations of [candidacy or acceptances of] candidacy; and

      (l) Repayment or forgiveness of a loan.

 


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      2.  Expenditures, as defined in NRS 294A.0075.

      3.  The disposal of any unspent contributions pursuant to NRS 294A.160.

      Sec. 52. NRS 294A.005 is hereby amended to read as follows:

      294A.005  “Candidate” means any person:

      1.  Who files a declaration of candidacy;

      2.  [Who files an acceptance of candidacy;

      3.]  Whose name appears on an official ballot at any election; or

      [4.]3.  Who has received one or more contributions in excess of $100, regardless of whether:

      (a) The person has filed a declaration of [candidacy or an acceptance of] candidacy; or

      (b) The name of the person appears on an official ballot at any election.

      Sec. 53. NRS 294A.160 is hereby amended to read as follows:

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

      2.  Notwithstanding the provisions of NRS 294A.286, a candidate or public officer may use contributions to pay for any legal expenses that the candidate or public officer incurs in relation to a campaign or serving in public office without establishing a legal defense fund. Any such candidate or public officer shall report any expenditure of contributions to pay for legal expenses in the same manner and at the same time as the report filed pursuant to NRS 294A.120 or 294A.200. A candidate or public officer shall not use contributions to satisfy a civil or criminal penalty imposed by law.

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

      (a) Return the unspent money to contributors;

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

      (c) Contribute the money to:

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

             (2) A political party; or

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

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

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

      4.  Every candidate for office at a primary election, general election or special election who withdraws pursuant to NRS 293.202 or 293C.195 after filing a declaration of [candidacy or an acceptance of] candidacy, is removed from the ballot by court order or is defeated for or otherwise not elected to that office and who received contributions that were not spent or committed

 


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ê2019 Statutes of Nevada, Page 3402 (CHAPTER 546, SB 123)ê

 

for expenditure before the primary election, general election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:

      (a) Return the unspent money to contributors;

      (b) Contribute the money to:

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

             (2) A political party; or

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

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

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

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

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

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

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

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

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

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

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

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

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

      8.  Every public officer who:

      (a) Resigns from his or her office;

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

 


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ê2019 Statutes of Nevada, Page 3403 (CHAPTER 546, SB 123)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      14.  As used in this section:

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

      (b) “Qualifying contribution” means the receipt of a contribution that causes a person to qualify as a candidate pursuant to subsection [4] 3 of NRS 294A.005.

      Sec. 54. NRS 294A.290 is hereby amended to read as follows:

      294A.290  1.  The filing officer shall give to each candidate who files a declaration of candidacy [or acceptance of candidacy] a copy of the form set forth in subsection 2. The filing officer shall inform the candidate that subscription to the Code is voluntary.

 


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ê2019 Statutes of Nevada, Page 3404 (CHAPTER 546, SB 123)ê

 

      2.  The Code must be in the following form:

 

CODE OF FAIR CAMPAIGN PRACTICES

 

       There are basic principles of decency, honesty and fair play which every candidate for public office in the State of Nevada has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, the voters may exercise their constitutional right to vote for the candidate of their choice and that the will of the people may be fully and clearly expressed on the issues.

       THEREFORE:

       1.  I will conduct my campaign openly and publicly and limit attacks against my opponent to legitimate challenges to my opponent’s voting record or qualifications for office.

       2.  I will not use character defamation or other false attacks on a candidate’s personal or family life.

       3.  I will not use campaign material which misrepresents, distorts or otherwise falsifies the facts, nor will I use malicious or unfounded accusations which are intended to create or exploit doubts, without justification, about the personal integrity of my opposition.

       4.  I will not condone any dishonest or unethical practice which undermines the American system of free elections or impedes or prevents the full and free expression of the will of the voters.

       I, the undersigned, as a candidate for election to public office in the State of Nevada, hereby voluntarily pledge myself to conduct my campaign in accordance with the principles and practices set forth in this Code.

 

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

                       Date                                           Signature of Candidate

 

      3.  A candidate who subscribes to the Code and submits the form set forth in subsection 2 to the filing officer may indicate on the candidate’s campaign materials that he or she subscribes to the Code.

      4.  The Secretary of State shall provide a sufficient number of copies of the form to the county clerks, registrar of voters and other filing officers.

      Sec. 55. NRS 294A.365 is hereby amended to read as follows:

      294A.365  1.  Each report required pursuant to NRS 294A.210, 294A.220 and 294A.280 must consist of a list of each expenditure in excess of $100 or $1,000, as is appropriate, that was made during the periods for reporting. Each report required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each campaign expense in excess of $100 that was incurred during the periods for reporting. The list in each report must state the category and amount of the campaign expense or expenditure and the date on which the campaign expense was incurred or the expenditure was made.

      2.  The categories of campaign expense or expenditure for use on the report of campaign expenses or expenditures are:

      (a) Office expenses;

      (b) Expenses related to volunteers;

      (c) Expenses related to travel;

 


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ê2019 Statutes of Nevada, Page 3405 (CHAPTER 546, SB 123)ê

 

      (d) Expenses related to advertising;

      (e) Expenses related to paid staff;

      (f) Expenses related to consultants;

      (g) Expenses related to polling;

      (h) Expenses related to special events;

      (i) Expenses related to a legal defense fund;

      (j) Except as otherwise provided in NRS 294A.362, goods and services provided in kind for which money would otherwise have been paid;

      (k) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250;

      (l) Fees for filing declarations [of candidacy or acceptances] of candidacy;

      (m) Repayments or forgiveness of loans;

      (n) The disposal of unspent contributions pursuant to NRS 294A.160; and

      (o) Other miscellaneous expenses.

      3.  Each report of campaign expenses or expenditures described in subsection 1 must:

      (a) List the disposition of any unspent contributions using the categories set forth in subsection 3 of NRS 294A.160 or subsection 3 of NRS 294A.286, as applicable; and

      (b) For any campaign expense or expenditure that is paid for using a credit card or debit card, itemize each transaction and identify the business or other entity from whom the purchase of the campaign expense or expenditure was made.

      Sec. 56. NRS 294A.390 is hereby amended to read as follows:

      294A.390  The officer from whom a candidate or entity requests a form for:

      1.  A declaration of candidacy;

      2.  [An acceptance of candidacy;

      3.]  The registration of a nonprofit corporation pursuant to NRS 294A.225, a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to NRS 294A.250; or

      [4.]3.  The reporting of the creation of a legal defense fund pursuant to NRS 294A.286,

Ê shall furnish the candidate or entity with the necessary forms for reporting and copies of the regulations adopted by the Secretary of State pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 or 294A.280 relating to the making, accepting or reporting of contributions, campaign expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420, and an explanation of NRS 294A.286 and 294A.287 relating to the accepting or reporting of contributions received by and expenditures made from a legal defense fund and the penalties for a violation of those provisions as set forth in NRS 294A.287 and 294A.420, must be developed by the Secretary of State and provided upon request. The candidate or entity shall acknowledge receipt of the material.

 


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      Sec. 57. NRS 295.015 is hereby amended to read as follows:

      295.015  1.  Before a petition for initiative or referendum may be presented to the registered voters for their signatures, the person who intends to circulate the petition must:

      (a) File a copy of the petition for initiative or referendum, including the description of the effect of the initiative or referendum required pursuant to NRS 295.009, with the Secretary of State.

      (b) Submit to the Secretary of State on a form prescribed by the Secretary of State:

             (1) The name and signature of the person.

             (2) If the person has formed a committee for political action for the purposes of advocating the passage of the initiative or referendum, the name of that committee for political action.

             (3) The names of not more than three persons who are authorized to withdraw the petition or submit an amended petition.

      2.  If a petition for initiative or referendum or [a] the description of the effect of [an] the initiative or referendum required pursuant to NRS 295.009 is amended after the petition is placed on file with the Secretary of State pursuant to subsection 1:

      (a) The revised petition must be placed on file with the Secretary of State before it is presented to the registered voters for their signatures;

      (b) Any signatures that were collected on the original petition before it was amended are not valid; and

      (c) The requirements for submission of the petition to each county clerk set forth in NRS 295.056 apply to the revised petition.

      3.  Upon receipt of a petition for initiative or referendum placed on file pursuant to subsection 1 or 2:

      (a) The Secretary of State shall assign to the petition for initiative or referendum a unique identifier that must:

             (1) Consist of a serial number or letter, or both; and

             (2) Distinguish among each different type of petition received.

      (b) The Secretary of State shall consult with the Fiscal Analysis Division of the Legislative Counsel Bureau to determine [if] whether the petition for initiative or referendum may have any anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters. If the Fiscal Analysis Division determines that the petition for initiative or referendum may have an anticipated financial effect on the State or local governments if the initiative or referendum is approved by the voters, the Fiscal Analysis Division must prepare a fiscal note regarding the petition that includes an explanation of any such effect.

      [(b)](c) The Secretary of State shall consult with the Legislative Counsel regarding the petition for initiative or referendum. The Legislative Counsel may provide technical suggestions regarding the petition for initiative or referendum.

      4.  Not later than 10 business days after the Secretary of State receives a petition for initiative or referendum filed pursuant to subsection 1 or 2, the Secretary of State shall post on the Secretary of State’s Internet website a copy of the petition, including [the] :

      (a) The description of the effect of the initiative or referendum required pursuant to NRS 295.009 [, any] ;

      (b) The unique identifier assigned to the petition by the Secretary of State pursuant to subsection 3;

 


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      (c) Any fiscal note regarding the petition prepared by the Fiscal Analysis Division pursuant to subsection 3 ; and [any]

      (d) Any suggestions regarding the petition made by the Legislative Counsel pursuant to subsection 3 . [, on the Secretary of State’s Internet website.]

      Sec. 58. NRS 304.240 is hereby amended to read as follows:

      304.240  1.  If the Governor issues an election proclamation calling for a special election pursuant to NRS 304.230, no primary election may be held.

      2.  Except as otherwise provided in this [subsection,] section, a candidate must be nominated in the manner provided in chapter 293 of NRS and must file a declaration [or acceptance] of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 within the time prescribed by the Secretary of State pursuant to NRS 293.204, which must be established to allow a sufficient amount of time for the mailing of election ballots.

      3.  A candidate of a major political party is nominated by filing a declaration [or acceptance] of candidacy with the appropriate filing officer and paying the filing fee required by NRS 293.193 within the time prescribed by the Secretary of State pursuant to NRS 293.204.

      4.  A minor political party that wishes to place its candidates on the ballot must file a list of its candidates with the Secretary of State not more than 46 days before the special election and not less than 32 days before the special election.

      5.  To have his or her name appear on the ballot, an independent candidate must file a petition of candidacy with the appropriate filing officer not more than 46 days before the special election and not less than 32 days before the special election.

      [2.] 6.  Except as otherwise provided in NRS 304.200 to 304.250, inclusive:

      (a) The election must be conducted pursuant to the provisions of chapter 293 of NRS.

      (b) The general election laws of this State apply to the election.

      Sec. 59. NRS 306.015 is hereby amended to read as follows:

      306.015  1.  Before a petition to recall a public officer is circulated, the persons proposing to circulate the petition must file a notice of intent with the filing officer [.] with whom the public officer filed his or her declaration of candidacy.

      2.  The notice of intent:

      (a) Must be signed by three registered voters who actually voted in this State or in the county, district or municipality electing the officer at the last preceding general election.

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

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

      3.  The petition may consist of more than one document. The persons filing the notice of intent shall submit the petition that was circulated for signatures to the filing officer within 90 days after the date on which the notice of intent was filed. The filing officer shall immediately submit the petition to the county clerk for verification pursuant to NRS 306.035. Any person who fails to submit the petition to the filing officer as required by this subsection is guilty of a misdemeanor.

 


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

      4.  The county clerk shall, upon completing the verification of the signatures on the petition, file the petition with the filing officer.

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

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

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

      Sec. 60. NRS 306.110 is hereby amended to read as follows:

      306.110  1.  A petition to nominate other candidates for the office must be signed by registered voters of the State, or of the county, district or municipality holding the election, equal in number to 25 percent of the number of registered voters who voted in the State, or in the county, district or municipality holding the election at the general election at which the public officer was elected. Each petition may consist of more than one document. Each document must bear the name of one county and must not be signed by a person who is not a registered voter of that county.

      2.  The nominating petition must be filed, at least 20 days before the date of the special election, with the filing officer with whom the recall petition is filed. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document.

      3.  [Each] A candidate who is nominated for office pursuant to this section must file [an acceptance] a declaration of candidacy with the appropriate filing officer and pay the filing fee required by NRS 293.193 or by the governing body of a city at least 20 days before the date of the special election.

      Sec. 61. NRS 217.468 is hereby amended to read as follows:

      217.468  1.  Except as otherwise provided in subsections 2 and 3, the Division shall cancel the fictitious address of a participant 4 years after the date on which the Division approved the application.

      2.  The Division shall not cancel the fictitious address of a participant if, before the fictitious address of the participant is cancelled, the participant shows to the satisfaction of the Division that the participant remains in imminent danger of becoming a victim of domestic violence, human trafficking, sexual assault or stalking.

      3.  The Division may cancel the fictitious address of a participant at any time if:

      (a) The participant changes his or her confidential address from the one listed in the application and fails to notify the Division within 48 hours after the change of address;

      (b) The Division determines that false or incorrect information was knowingly provided in the application; or

 


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      (c) The participant files a declaration [or acceptance] of candidacy [pursuant to NRS 293.177 or 293C.185.] , as defined in section 2 of this act.

      Sec. 62. Chapter 218A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Declaration of candidacy” has the meaning ascribed to it in section 2 of this act.

      Sec. 63. NRS 218A.003 is hereby amended to read as follows:

      218A.003  As used in this title, unless the context otherwise requires, the words and terms defined in NRS 218A.006 to 218A.090, inclusive, and section 62 of this act have the meanings ascribed to them in those sections.

      Sec. 64. NRS 218A.635 is hereby amended to read as follows:

      218A.635  1.  Except as otherwise provided in subsections 2 and 4, for each day or portion of a day during which a Legislator attends a presession orientation conference, a training session conducted pursuant to NRS 218A.285 or a conference, meeting, seminar or other gathering at which the Legislator officially represents the State of Nevada or its Legislature, the Legislator is entitled to receive:

      (a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) The per diem allowance provided for state officers and employees generally; and

      (c) The travel expenses provided pursuant to NRS 218A.655.

      2.  A nonreturning Legislator must not be paid the compensation or per diem allowance and travel expenses provided in subsection 1 for attendance at a conference, meeting, seminar or other gathering unless:

      (a) It is conducted by a statutory committee or a legislative committee and the Legislator is a member of that committee; or

      (b) The Majority Leader of the Senate or Speaker of the Assembly designates the Legislator to attend because of the Legislator’s knowledge or expertise.

      3.  For the purposes of this section, “nonreturning Legislator” means a Legislator who, in the year that the Legislator’s term of office expires:

      (a) Has not filed a declaration [or an acceptance] of candidacy within the time allowed for filing for election as a member of the Senate or the Assembly;

      (b) Has failed to win nomination as a candidate for the Senate or the Assembly at the primary election; or

      (c) Has withdrawn as a candidate for the Senate or the Assembly.

      4.  This section does not apply:

      (a) During a regular or special session; or

      (b) To any Legislator who is otherwise entitled to receive a salary and the per diem allowance and travel expenses.

      Sec. 65. NRS 218A.660 is hereby amended to read as follows:

      218A.660  1.  Except as otherwise provided in this section and NRS 218A.655, each Legislator is entitled to receive, during the legislative interim, an allowance for travel within the State to participate in a meeting of a legislative committee or subcommittee of which the Legislator is not a member or with an officer, employee, agency, board, bureau, commission, department, division, district or other unit of federal, state or local government or any other public entity regarding an issue relating to the State.

 


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      2.  The allowance for travel payable pursuant to this section applies only to trips whose one-way distance is 50 miles or more or whose round-trip distance is 100 miles or more.

      3.  The maximum allowance for travel payable to each Legislator pursuant to this section during a legislative interim is $3,000, except that no allowance for travel pursuant to this section is payable to a Legislator for travel that occurs during the legislative interim at any time after the date on which the Legislator has filed a declaration [or an acceptance] of candidacy for an elective office and remains a candidate for that office.

      4.  Transportation must be by the most economical means, considering total cost and time spent in transit. The allowance is:

      (a) If the travel is by private conveyance, the standard mileage reimbursement rate for which a deduction is allowed for the purposes of federal income tax.

      (b) If the travel is not by private conveyance, the actual amount expended.

      5.  Claims made pursuant to this section must be paid from the Legislative Fund unless otherwise provided by specific statute. A claim must not be paid unless the Legislator submits a signed statement affirming:

      (a) The date of travel;

      (b) The purpose of the travel and of the participant’s attendance; and

      (c) The places of departure and arrival and, if the travel is by private conveyance, the actual miles traveled. If the travel is not by private conveyance, the claim must include a receipt or other evidence of the expenditure.

      Sec. 66. NRS 218D.150 is hereby amended to read as follows:

      218D.150  1.  Except as otherwise provided in this section, each:

      (a) Incumbent member of the Assembly may request the drafting of:

             (1) Not more than 4 legislative measures submitted to the Legislative Counsel on or before August 1 preceding a regular session;

             (2) Not more than 5 legislative measures submitted to the Legislative Counsel after August 1 but on or before December 10 preceding a regular session; and

             (3) Not more than 1 legislative measure submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      (b) Incumbent member of the Senate may request the drafting of:

             (1) Not more than 8 legislative measures submitted to the Legislative Counsel on or before August 1 preceding a regular session;

             (2) Not more than 10 legislative measures submitted to the Legislative Counsel after August 1 but on or before December 10 preceding a regular session; and

             (3) Not more than 2 legislative measures submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      (c) Newly elected member of the Assembly may request the drafting of:

             (1) Not more than 5 legislative measures submitted to the Legislative Counsel on or before December 10 preceding a regular session; and

             (2) Not more than 1 legislative measure submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      (d) Newly elected member of the Senate may request the drafting of:

 


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             (1) Not more than 10 legislative measures submitted to the Legislative Counsel on or before December 10 preceding a regular session; and

             (2) Not more than 2 legislative measures submitted to the Legislative Counsel after a regular session has convened but on or before the eighth day of the regular session at 5 p.m.

      2.  Except as otherwise provided in this subsection, on or before the first day of a regular session, each:

      (a) Incumbent member of the Assembly must:

             (1) Prefile at least 4 of the legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (a) of subsection 1; or

             (2) Inform the Legislative Counsel of which 4 legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (a) of subsection 1 that he or she withdraws.

Ê If an incumbent member of the Assembly does not request the maximum number of legislative measures authorized by subparagraphs (1) and (2) of paragraph (a) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.

      (b) Incumbent member of the Senate must:

             (1) Prefile at least 8 of the legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (b) of subsection 1; or

             (2) Inform the Legislative Counsel of which 8 legislative measures that he or she requested pursuant to subparagraphs (1) and (2) of paragraph (b) of subsection 1 that he or she withdraws.

Ê If an incumbent member of the Senate does not request the maximum number of legislative measures authorized by subparagraphs (1) and (2) of paragraph (b) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.

      (c) Newly elected member of the Assembly must:

             (1) Prefile at least 2 of the legislative measures that he or she requested pursuant to subparagraph (1) of paragraph (c) of subsection 1; or

             (2) Inform the Legislative Counsel of which 2 legislative measures that he or she requested pursuant to subparagraph (1) of paragraph (c) of subsection 1 that he or she withdraws.

Ê If a newly elected member of the Assembly does not request the maximum number of legislative measures authorized by subparagraph (1) of paragraph (c) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.

      (d) Newly elected member of the Senate must:

             (1) Prefile at least 4 of the legislative measures that he or she requested pursuant to subparagraph (1) of paragraph (d) of subsection 1; or

             (2) Inform the Legislative Counsel of which 4 legislative measures that he or she requested pursuant to subparagraph (1) of paragraph (d) of subsection 1 that he or she withdraws.

 


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Ê If a newly elected member of the Senate does not request the maximum number of legislative measures authorized by subparagraph (1) of paragraph (d) of subsection 1, the number of legislative measures that he or she must prefile or withdraw pursuant to this paragraph is reduced by that number of unused requests.

      3.  A Legislator may not request the drafting of a legislative measure pursuant to subsection 1 on or after the date on which the Legislator becomes a nonreturning Legislator. For the purposes of this subsection, “nonreturning Legislator” means a Legislator who, in the year that the Legislator’s term of office expires:

      (a) Has not filed a declaration [or an acceptance] of candidacy within the time allowed for filing for election as a member of the Senate or the Assembly;

      (b) Has failed to win nomination as a candidate for the Senate or the Assembly at the primary election; or

      (c) Has withdrawn as a candidate for the Senate or the Assembly.

      4.  A Legislator may not request the drafting of a legislative measure pursuant to paragraph (a) or (b) of subsection 1 on or after the date on which the Legislator files a declaration [or an acceptance] of candidacy for election to the House in which he or she is not currently a member. If the Legislator is elected to the other House, any request that he or she submitted pursuant to paragraph (a) or (b) of subsection 1 before filing his or her declaration [or acceptance] of candidacy for election counts against the applicable limitation set forth in paragraph (c) or (d) of subsection 1 for the House in which the Legislator is a newly elected member.

      5.  In addition to the number of requests authorized pursuant to subsection 1:

      (a) The chair of each standing committee of the immediately preceding regular session, or a person designated in the place of the chair by the Speaker of the Assembly or the Majority Leader of the Senate, may request before the date of the general election preceding a regular session the drafting of not more than 1 legislative measure for introduction by the committee in a subject within the jurisdiction of the committee for every 18 legislative measures that were referred to the respective standing committee during the immediately preceding regular session.

      (b) A person designated after the general election as a chair of a standing committee for the next regular session, or a person designated in the place of a chair by the person designated as the Speaker of the Assembly or the Majority Leader of the Senate for the next regular session, may request on or before December 10 preceding that regular session the drafting of the remaining number of the legislative measures allowed for the respective standing committee that were not requested by the previous chair or designee.

      6.  Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.

      Sec. 67. 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.

 


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116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 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.

 


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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.

      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. 68. NRS 244.027 is hereby amended to read as follows:

      244.027  1.  Whenever two or more members of a board of county commissioners are to be elected at the same election for the same term in any county in this state having less than 100,000 population, and the county has not been divided into commissioner districts in the manner provided by NRS 244.050, the county clerk shall designate the offices to be filled alphabetically or numerically. [Such] The designation [shall] must be made on or before the first Monday in June of the year in which [such] the election is held.

      2.  For purposes of election , the offices [shall] must be considered separate offices and no declaration of candidacy [or acceptance of candidacy shall] , as defined in section 2 of this act, must be accepted unless [such] the declaration [or acceptance] of candidacy indicates the particular office for which [the declaration or acceptance] it is filed.

 


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      Sec. 69. NRS 248.005 is hereby amended to read as follows:

      248.005  1.  No person is eligible to the office of sheriff unless the person:

      (a) Will have attained the age of 21 years on the date he or she would take office if so elected;

      (b) Is a qualified elector; and

      (c) On or after January 1, 2010, meets the requirements set forth in subsection 2 or 3, as applicable.

      2.  If a person described in paragraph (c) of subsection 1 is a candidate for the office of sheriff in a county whose population is 100,000 or more, the person must meet the following requirements at the time he or she files his or her declaration of candidacy [or acceptance of candidacy] for the office:

      (a) He or she has a history of at least 5 consecutive years of employment or service:

             (1) As a peace officer;

             (2) As a law enforcement officer of an agency of the United States;

             (3) As a law enforcement officer of another state or political subdivision thereof; or

             (4) In any combination of the positions described in subparagraphs (1), (2) and (3); and

      (b) He or she has:

             (1) Been certified as a category I peace officer by the Commission;

             (2) Been certified as a category I peace officer or its equivalent by the certifying authority of another state that, as determined by the Commission, imposes requirements for certification as a category I peace officer in this State; or

             (3) Successfully completed a federal law enforcement training program approved by the Commission.

      3.  If a person described in paragraph (c) of subsection 1 is a candidate for the office of sheriff in a county whose population is less than 100,000, the person is not required to meet any requirements with respect to employment, service, certification or training at the time he or she files his or her declaration of candidacy [or acceptance of candidacy] for the office. However, such a person forfeits his or her office if, within 1 year after the date on which the person takes office, the person fails to earn certification by the Commission as a category I peace officer, category II peace officer or category III peace officer.

      4.  A person who has been convicted of a felony in this State or any other state is not qualified to be a candidate for or elected or appointed to the office of sheriff regardless of whether the person has been restored to his or her civil rights.

      5.  As used in this section:

      (a) “Category I peace officer” has the meaning ascribed to it in NRS 289.460.

      (b) “Category II peace officer” has the meaning ascribed to it in NRS 289.470.

      (c) “Category III peace officer” has the meaning ascribed to it in NRS 289.480.

      (d) “Commission” means the Peace Officers’ Standards and Training Commission created pursuant to NRS 289.500.

 


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      (e) “Declaration of candidacy” has the meaning ascribed to it in section 2 of this act.

      (f) “Peace officer” has the meaning ascribed to it in NRS 289.010.

      Sec. 70. NRS 266.038 is hereby amended to read as follows:

      266.038  A person who wishes to become a candidate for an elective office of a newly created city must:

      1.  Reside within the boundaries of the newly created city; and

      2.  File a declaration of candidacy , as defined in section 2 of this act, with the county clerk not less than 30 days [nor] and not more than 90 days before the date of the election.

      Sec. 71. NRS 281.050 is hereby amended to read as follows:

      281.050  1.  The residence of a person with reference to his or her eligibility to any office is the person’s actual residence within the State, county, district, ward, subdistrict or any other unit prescribed by law, as the case may be, during all the period for which residence is claimed by the person.

      2.  Except as otherwise provided in subsections 3 and 4, if any person absents himself or herself from the jurisdiction of that person’s actual residence with the intention in good faith to return without delay and continue such actual residence, the period of absence must not be considered in determining the question of residence.

      3.  If a person who has filed a declaration of candidacy [or acceptance of candidacy] for any elective office moves the person’s actual residence out of the State, county, district, ward, subdistrict or any other unit prescribed by law, as the case may be, in which the person is required actually, as opposed to constructively, to reside in order for the person to be eligible to the office, a vacancy is created thereby and the appropriate action for filling the vacancy must be taken.

      4.  Once a person’s actual residence is fixed, the person shall be deemed to have moved the person’s actual residence for the purposes of this section if:

      (a) The person has acted affirmatively and has actually removed himself or herself from the place of permanent habitation where the person actually resided and was legally domiciled;

      (b) The person has an intention to abandon the place of permanent habitation where the person actually resided and was legally domiciled; and

      (c) The person has an intention to remain in another place of permanent habitation where the person actually resides and is legally domiciled.

      5.  Except as otherwise provided in this subsection and NRS 293.1265, the district court has jurisdiction to determine the question of residence in any preelection action for declaratory judgment brought against a person who has filed a declaration of candidacy [or acceptance of candidacy] for any elective office. If the question of residence relates to whether an incumbent meets any qualification concerning residence required for the term of office in which the incumbent is presently serving, the district court does not have jurisdiction to determine the question of residence in an action for declaratory judgment brought by a person pursuant to this section but has jurisdiction to determine the question of residence only in an action to

 


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declare the office vacant that is authorized by NRS 283.040 and brought by the Attorney General or the appropriate district attorney pursuant to that section.

      6.  Except as otherwise provided in NRS 293.1265, if in any preelection action for declaratory judgment, the district court finds that a person who has filed a declaration of candidacy [or acceptance of candidacy] for any elective office fails to meet any qualification concerning residence required for the office pursuant to the Constitution or laws of this State, the person is subject to the provisions of NRS 293.2045.

      7.  For the purposes of this section, in determining whether a place of permanent habitation is the place where a person actually resides and is legally domiciled:

      (a) It is the public policy of this State to avoid sham residences and to ensure that the person actually, as opposed to constructively, resides in the area prescribed by law for the office so the person has an actual connection with the constituents who reside in the area and has particular knowledge of their concerns.

      (b) The person may have more than one residence but only one legal domicile, and the person’s legal domicile requires both the fact of actual living in the place and the intention to remain there as a permanent residence. If the person temporarily leaves the person’s legal domicile, or leaves for a particular purpose, and does not take up a permanent residence in another place, then the person’s legal domicile has not changed. Once the person’s legal domicile is fixed, the fact of actual living in another place, the intention to remain in the other place and the intention to abandon the former legal domicile must all exist before the person’s legal domicile can change.

      (c) Evidence of the person’s legal domicile includes, without limitation:

             (1) The place where the person lives the majority of the time and the length of time the person has lived in that place.

             (2) The place where the person lives with the person’s spouse or domestic partner, if any.

             (3) The place where the person lives with the person’s children, dependents or relatives, if any.

             (4) The place where the person lives with any other individual whose relationship with the person is substantially similar to a relationship with a spouse, domestic partner, child, dependent or relative.

             (5) The place where the person’s dogs, cats or other pets, if any, live.

             (6) The place listed as the person’s residential address on the voter registration card issued to the person pursuant to NRS 293.517.

             (7) The place listed as the person’s residential address on any driver’s license or identification card issued to the person by the Department of Motor Vehicles, any passport or military identification card issued to the person by the United States or any other form of identification issued to the person by a governmental agency.

             (8) The place listed as the person’s residential address on any registration for a motor vehicle issued to the person by the Department of Motor Vehicles or any registration for another type of vehicle or mode of transportation, including, without limitation, any aircraft, vessels or watercraft, issued to the person by a governmental agency.

             (9) The place listed as the person’s residential address on any applications for issuance or renewal of any license, certificate, registration, permit or similar type of authorization issued to the person by a governmental agency which has the authority to regulate an occupation or profession.

 


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permit or similar type of authorization issued to the person by a governmental agency which has the authority to regulate an occupation or profession.

             (10) The place listed as the person’s residential address on any document which the person is authorized or required by law to file or record with a governmental agency, including, without limitation, any deed, declaration of homestead or other record of real or personal property, any applications for services, privileges or benefits or any tax documents, forms or returns, but excluding the person’s declaration of [candidacy or acceptance of] candidacy.

             (11) The place listed as the person’s residential address on any type of check, payment, benefit or reimbursement issued to the person by a governmental agency or by any type of company that provides insurance, workers’ compensation, health care or medical benefits or any self-insured employer or third-party administrator.

             (12) The place listed as the person’s residential address on the person’s paycheck, paystub or employment records.

             (13) The place listed as the person’s residential address on the person’s bank statements, insurance statements, mortgage statements, loan statements, financial accounts, credit card accounts, utility accounts or other billing statements or accounts.

             (14) The place where the person receives mail or deliveries from the United States Postal Service or commercial carriers.

      (d) The evidence listed in paragraph (c) is intended to be illustrative and is not intended to be exhaustive or exclusive. The presence or absence of any particular type of evidence listed in paragraph (c) is not, by itself, determinative of the person’s legal domicile, but such a determination must be based upon all the facts and circumstances of the person’s particular case.

      8.  As used in this section:

      (a) “Actual residence” means the place of permanent habitation where a person actually resides and is legally domiciled. If the person maintains more than one place of permanent habitation, the place the person declares to be the person’s principal permanent habitation when filing a declaration of candidacy [or acceptance of candidacy] for any elective office must be the place where the person actually resides and is legally domiciled in order for the person to be eligible to the office.

      (b) “Declaration of [candidacy or acceptance of] candidacy” [means a declaration of candidacy or acceptance of candidacy filed pursuant to chapter 293 or 293C of NRS.] has the meaning ascribed to it in section 2 of this act.

      Sec. 72. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Declaration of candidacy” has the meaning ascribed to it in section 2 of this act.

      Sec. 73. NRS 281.556 is hereby amended to read as follows:

      281.556  As used in NRS 281.556 to 281.581, inclusive, unless the context otherwise requires, the words and terms defined in NRS 281.558 to 281.5587, inclusive, and section 72 of this act have the meanings ascribed to them in those sections.

      Sec. 74. NRS 281.558 is hereby amended to read as follows:

      281.558  1.  “Candidate” means any person who seeks to be elected to a public office and:

      (a) Who files a declaration of candidacy; or

 


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      (b) [Who files an acceptance of candidacy; or

      (c)] Whose name appears on an official ballot at any election.

      2.  The term does not include a candidate for judicial office who is subject to the requirements of the Nevada Code of Judicial Conduct.

      Sec. 75. NRS 281.574 is hereby amended to read as follows:

      281.574  1.  A list of each public officer who is required to file a financial disclosure statement must be submitted electronically to the Secretary of State, in a form prescribed by the Secretary of State, on or before December 1 of each year by:

      (a) Each county clerk for all public officers of the county and other local governments within the county other than cities;

      (b) Each city clerk for all public officers of the city;

      (c) The Director of the Legislative Counsel Bureau for all public officers of the Legislative Branch; and

      (d) The Director of the Department of Administration for all public officers of the Executive Branch.

      2.  Each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Secretary of State, in a form prescribed by the Secretary of State, a list of each candidate who filed a declaration of candidacy [or acceptance of candidacy] with that officer within 10 days after the last day to qualify as a candidate for the applicable office.

      Sec. 76. Chapter 281A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Declaration of candidacy” has the meaning ascribed to it in section 2 of this act.

      Sec. 77. NRS 281A.030 is hereby amended to read as follows:

      281A.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 281A.032 to 281A.170, inclusive, and section 76 of this act have the meanings ascribed to them in those sections.

      Sec. 78. NRS 281A.050 is hereby amended to read as follows:

      281A.050  “Candidate” means any person:

      1.  Who files a declaration of candidacy; or

      2.  [Who files an acceptance of candidacy; or

      3.]  Whose name appears on an official ballot at any election.

      Sec. 79. NRS 281A.520 is hereby amended to read as follows:

      281A.520  1.  Except as otherwise provided in subsections 4 and 5, a public officer or employee shall not request or otherwise cause a governmental entity to incur an expense or make an expenditure to support or oppose:

      (a) A ballot question.

      (b) A candidate.

      2.  For the purposes of paragraph (b) of subsection 1, an expense incurred or an expenditure made by a governmental entity shall be considered an expense incurred or an expenditure made in support of a candidate if:

      (a) The expense is incurred or the expenditure is made for the creation or dissemination of a pamphlet, brochure, publication, advertisement or television programming that prominently features the activities of a current public officer of the governmental entity who is a candidate for a state, local or federal elective office; and

 


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      (b) The pamphlet, brochure, publication, advertisement or television programming described in paragraph (a) is created or disseminated during the period specified in subsection 3.

      3.  The period during which the provisions of subsection 2 apply to a particular governmental entity begins when a current public officer of that governmental entity files a declaration of candidacy [or acceptance of candidacy] and ends on the date of the general election, general city election or special election for the office for which the current public officer of the governmental entity is a candidate.

      4.  The provisions of this section do not prohibit the creation or dissemination of, or the appearance of a candidate in or on, as applicable, a pamphlet, brochure, publication, advertisement or television programming that:

      (a) Is made available to the public on a regular basis and merely describes the functions of:

             (1) The public office held by the public officer who is the candidate; or

             (2) The governmental entity by which the public officer who is the candidate is employed; or

      (b) Is created or disseminated in the course of carrying out a duty of:

             (1) The public officer who is the candidate; or

             (2) The governmental entity by which the public officer who is the candidate is employed.

      5.  The provisions of this section do not prohibit an expense or an expenditure incurred to create or disseminate a television program that provides a forum for discussion or debate regarding a ballot question, if persons both in support of and in opposition to the ballot question participate in the television program.

      6.  As used in this section:

      (a) “Governmental entity” means:

             (1) The government of this State;

             (2) An agency of the government of this State;

             (3) A political subdivision of this State; and

             (4) An agency of a political subdivision of this State.

      (b) “Pamphlet, brochure, publication, advertisement or television programming” includes, without limitation, a publication, a public service announcement and any programming on a television station created to provide community access to cable television. The term does not include:

             (1) A press release issued to the media by a governmental entity; or

             (2) The official website of a governmental entity.

      Sec. 80. NRS 318.09523 is hereby amended to read as follows:

      318.09523  In any election for a general improvement district, if at 5:00 p.m. on the last day for filing a declaration of [candidacy or an acceptance of] candidacy, as defined in section 2 of this act, there is only one candidate nominated for the office, that candidate must be declared elected and no election may be held for that office.

      Sec. 81. NRS 386.250 is hereby amended to read as follows:

      386.250  [1.  Candidates] A candidate for the office of trustee [shall be] of a county school district must:

      1.  Be nominated in the manner provided by the primary election laws of this [state.] State; and

 


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      2.  [The] File a declaration of candidacy [and the acceptance of a candidacy by candidates for the office of trustee of county school districts shall be filed] , as defined in section 2 of this act, with the county clerk of the county whose boundaries are conterminous with the boundaries of the county school district . [boundaries.]

      Sec. 82. NRS 474.140 is hereby amended to read as follows:

      474.140  1.  Except as otherwise provided in subsection 2:

      (a) At the next general election and in conjunction therewith after the organization of any district, and in conjunction with every general election thereafter, an election, to be known as the biennial election of the district, must be held.

      (b) The general election laws of this State govern the nomination and election of the members of the board of directors. The election must be conducted under the supervision of the county clerk or registrar of voters. The returns of the election must be certified to and canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes, are elected. Any new member of the board must qualify in the same manner as members of the first board qualify.

      2.  If at 5 p.m. on the last day for filing a declaration of candidacy [or an acceptance of candidacy] , as defined in section 2 of this act, for the office of director, there is only one candidate nominated for the office, that candidate must be declared elected and no election may be held for that office.

      Sec. 83. Section 8 of Assembly Bill No. 50 of this session is hereby amended to read as follows:

      Sec. 8.  NRS 293C.185 is hereby amended to read as follows:

      293C.185  1.  Except as otherwise provided in NRS 293C.190, a name may not be printed on a ballot to be used at a primary or general city election unless the person named has, in accordance with NRS 293C.145 or 293C.175, as applicable, timely filed a declaration of candidacy [or an acceptance of candidacy] with the appropriate filing officer and paid the filing fee established by the governing body of the city.

       2.  A declaration [or acceptance] of candidacy required to be filed pursuant to this chapter must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

City of.............................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of .................., I, .................., the undersigned do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .................., in the City or Town of .................., County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area

 


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prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .................., and the address at which I receive mail, if different than my residence, is ..................; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy [or acceptance of candidacy] which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

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

                                                               (Designation of name)

 

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

                                                     (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

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

         Notary Public or other person

       authorized to administer an oath

 

       3.  The address of a candidate that must be included in the declaration [or acceptance] of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration [or acceptance] of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

       (a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to the residence; and

 


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       (b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card issued pursuant to NRS 293.517.

       4.  If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

       (a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

       (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

       5.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:

       (a) May not be withheld from the public; and

       (b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.

       6.  By filing the declaration [or acceptance] of candidacy, the candidate shall be deemed to have appointed the city clerk as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration [or acceptance] of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

       7.  If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the city clerk:

 


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       (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction; and

       (b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.

       8.  The receipt of information by the city attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186 to which the provisions of NRS 293.2045 apply.

       9.  Any person who knowingly and willfully files a declaration of candidacy [or acceptance of candidacy] which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 84. Section 9 of Assembly Bill No. 50 of this session is hereby amended to read as follows:

       Sec. 9.  NRS 293C.190 is hereby amended to read as follows:

       293C.190  1.  [Except as otherwise provided in NRS 293C.115, a vacancy occurring in a nomination for a city office after the close of filing and on or before 5 p.m. of the first Tuesday after the first Monday in March of the year in which the general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. Except as otherwise provided in NRS 293C.115, the petition must be filed not earlier than the third Tuesday in February and not later than the third Tuesday after the third Monday in March of the year in which the general city election is held. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election, and the candidate’s name must not appear on the ballot for a primary city election.

      2.  Except as otherwise provided in NRS 293C.115, a] A vacancy occurring in a nomination for a city office [after 5 p.m. of the first Tuesday after the first Monday in March and on or] before 5 p.m. of the [second Tuesday after the second Monday in April] fourth Friday in July of the year in which the general city election is held must be filled by the person who received the next highest vote for the nomination in the primary city election [.

      3.  Except to place a candidate nominated pursuant to subsection 1 on the ballot and except as otherwise provided in NRS 293C.115, no] if a primary city election was held for that city office. If no primary city election was held for that city office or if there was not more than one person who was seeking the nomination in the primary city election, a person may become a candidate for the city office at the general city election if the person files a declaration of candidacy with the appropriate filing officer and pays the filing fee established by the governing body of the city before 5 p.m. on the fourth Friday in July.

      2.  No change may be made on the ballot for the general city election after 5 p.m. [of the second Tuesday after the second Monday in April] on the fourth Friday in July of the year in which the general city election is held. If [a] , after that time and date:

 


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ê2019 Statutes of Nevada, Page 3425 (CHAPTER 546, SB 123)ê

 

      (a) A nominee dies [after that time and date,] or is adjudicated insane or mentally incompetent; or

      (b) A vacancy in the nomination is otherwise created,

Ê the nominee’s name must remain on the ballot for the general city election and, if elected, a vacancy exists.

       [4.  Except as otherwise provided in NRS 293C.115, a candidate nominated pursuant to subsection 1 must file a declaration of candidacy with the appropriate filing officer and pay the filing fee established by the governing body of the city on or before 5 p.m. on the date on which the nominating petition is filed pursuant to subsection 1 or on the third Tuesday after the third Monday in March of the year in which the general city election is held, whichever occurs first.]

      Sec. 84.4.Section 30 of Assembly Bill No. 345 of this session is hereby amended to read as follows:

      Sec. 30.  NRS 293.275 is hereby amended to read as follows:

      293.275  [No]

      1.  Except as otherwise provided in subsection 2, an election board may not perform its duty in serving registered voters at any polling place in any election provided for in this title, unless it has before it [the] :

      (a) The roster designated for registered voters who apply to vote at the polling place [.] ; and

      (b) The roster designated for electors who apply to register to vote or apply to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act.

      2.  For a polling place established pursuant to section 2 of this act, an election board may perform its duty in serving registered voters at the polling place in an election if the election board has before it the roster for the county.

      3.  If a county clerk uses an electronic roster, not earlier than 2 weeks before and not later than 5 p.m. on the day before the first day of the period for early voting by personal appearance, the county clerk shall complete a test of the electronic roster to ensure its functionality in accordance with regulations adopted by the Secretary of State.

      Sec. 84.6. Assembly Bill No. 345 of this session is hereby amended by adding thereto a new section designated as section 76.3, following section 76, to read as follows:

       Sec. 76.3.  1.  Except as otherwise provided in subsection 2, an election board may not perform its duty in serving registered voters at any polling place in any election provided for in this title, unless it has before it:

       (a) The roster designated for registered voters who apply to vote at the polling place; and

       (b) The roster designated for electors who apply to register to vote or apply to vote at the polling place pursuant to sections 5.1 to 9.8, inclusive, of this act.

 


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ê2019 Statutes of Nevada, Page 3426 (CHAPTER 546, SB 123)ê

 

       2.  For a polling place established pursuant to section 73 of this act, an election board may perform its duty in serving registered voters at the polling place in an election if the election board has before it the roster for the city.

       3.  If a city clerk uses an electronic roster, not earlier than 2 weeks before and not later than 5 p.m. on the day before the first day of the period for early voting by personal appearance, the city clerk shall complete a test of the electronic roster to ensure its functionality in accordance with regulations adopted by the Secretary of State.

      Sec. 85. NRS 293.180 is hereby repealed.

      Sec. 86.  1.  The Secretary of State shall develop a pilot program for conducting a risk-limiting audit of the results of the 2020 general election.

      2.  The Secretary of State may require each county clerk to participate in the pilot program developed pursuant to subsection 1 and conduct a risk-limiting audit of the results of the 2020 general election.

      3.  As used in this section, “risk-limiting audit” has the meaning ascribed to it in section 8 of this act.

      Sec. 87.  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. 88.  1.  This section becomes effective upon passage and approval.

      2.  Sections 34, 43, 84.4 and 84.6 of this act become effective:

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

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

      3.  Sections 1 to 8, inclusive, 10 to 33, inclusive, 35 to 42, inclusive, 43.5 to 83, inclusive, 85, 86 and 87 of this act become effective on July 1, 2019.

      4.  Section 84 of this act becomes effective on July 1, 2021.

      5.  Section 9 of this act becomes effective on January 1, 2022.

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ê2019 Statutes of Nevada, Page 3427ê

 

CHAPTER 547, SB 198

Senate Bill No. 198–Senators Scheible; Parks and Ratti

 

Joint Sponsors: Assemblymen Monroe-Moreno and Fumo

 

CHAPTER 547

 

[Approved: June 12, 2019]

 

AN ACT relating to Medicaid; requiring the Division of Welfare and Supportive Services of the Department of Health and Human Services to analyze and report certain information concerning the eligibility of children for Medicaid; making an appropriation; authorizing certain expenditures; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Health and Human Services to administer the Medicaid program. (NRS 422.270) Section 3 of this bill requires the Division of Welfare and Supportive Services of the Department to conduct an analysis to determine the number of children during a certain period who have lost coverage under Medicaid within 12 months after the date on which the child was determined to be eligible for coverage. The analysis must also determine the number of such children who lost coverage for certain reasons. A report of the information must be submitted by the Department to the Legislature. Section 3 also requires the Department to provide to the Legislature a fiscal analysis of the cost of allowing certain such children to remain covered under Medicaid until 12 months after the date on which the child was determined eligible for coverage. Section 4 of this bill appropriates money to the Division to allow the Division to modify the computerized system used by the Division to maintain data concerning recipients of Medicaid as necessary to compile the data required by section 3. Section 5 of this bill authorizes certain additional expenditures for this same purpose.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 3.  1.  The Division of Welfare and Supportive Services of the Department of Health and Human Services shall conduct an analysis to determine the total number of children in this State who lose or have lost coverage under Medicaid within 12 months after the date on which they were determined eligible for coverage during the period beginning not later than July 1, 2020, and ending September 1, 2020, and, to the extent the information is available, before July 1, 2020. The analysis must further determine the number of such children who lose or have lost coverage during that period because:

      (a) The child no longer resides in this State;

      (b) The coverage of the child under Medicaid was voluntarily terminated by request;

      (c) The child died;

      (d) The child resides in a household with a household income that exceeds the maximum household income to be eligible for Medicaid;

 


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ê2019 Statutes of Nevada, Page 3428 (CHAPTER 547, SB 198)ê

 

      (e) The child no longer resides in a household for which Medicaid eligibility has been granted; or

      (f) The parent or guardian of the child failed to comply with the requirements to remain eligible for Medicaid.

      2.  On or before October 1, 2020, the Department of Health and Human Services shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care a report which must include, without limitation:

      (a) The total number of children described in subsection 1 and the number of those children in each category described in paragraphs (a) to (f), inclusive, of subsection 1; and

      (b) A fiscal analysis of the cost of amending the State Plan for Medicaid to allow a child who has been covered under Medicaid for less than 12 months to continue to be covered until 12 months after the date on which the child was determined to be eligible for Medicaid despite becoming ineligible based on the household income of the child.

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the Division of Welfare and Supportive Services of the Department of Health and Human Services the sum of $42,600 for the purpose of making any modifications to the computerized system used by the Division to maintain data concerning recipients of Medicaid that are necessary to carry out the provisions of section 3 of 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. 5.  Expenditure of $383,400 not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2019-2020 and Fiscal Year 2020-2021 by the Division of Welfare and Supportive Services of the Department of Health and Human Services for the purpose of carrying out the provisions of section 3 of this act.

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

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ê2019 Statutes of Nevada, Page 3429ê

 

CHAPTER 548, SB 215

Senate Bill No. 215–Senators Cannizzaro, Scheible, Parks, Woodhouse; Cancela, Denis, Dondero Loop, D. Harris, Ohrenschall and Spearman

 

CHAPTER 548

 

[Approved: June 12, 2019]

 

AN ACT relating to occupational diseases; revising provisions governing compensation for certain employees who develop cancer as an occupational disease; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, cancer which results in temporary disability, permanent disability or death is an occupational disease and compensable as such under the provisions governing occupational diseases if the cancer develops or manifests itself out of and in the course of employment of a person who: (1) for 5 years or more, has been employed as a full-time firefighter or has been acting as a volunteer firefighter; and (2) during the course of the employment, was exposed to a known carcinogen that is reasonably associated with the disabling cancer. Existing law also sets forth: (1) a list of substances that are deemed to be known carcinogens that are reasonably associated with specific disabling cancers; and (2) conditions which, when met, create a rebuttable presumption that the cancer developed or manifested itself out of and in the course of employment. (NRS 617.453) This bill provides that such disabling cancer is an occupational disease and compensable as such under the provisions governing occupational diseases if: (1) the cancer develops or manifests itself out of and in the course of employment of a person who, for 5 years or more, has been employed as a full-time firefighter, investigator of fires or arson, or instructor or officer who provides training concerning fire or hazardous materials or has been acting as a volunteer firefighter; and (2) in the course of that employment or the performance of his or her duties, has been exposed to a known carcinogen that is reasonably associated with the disabling cancer. This bill also: (1) revises the list of substances which are deemed to be known carcinogens; (2) provides that disabling cancer is rebuttably presumed to be occupationally related under certain circumstances; and (3) provides that a person who files a claim for a disabling cancer after retirement from employment as a firefighter, investigator of fires or arson, or instructor or officer who provides training concerning fire or hazardous materials is not entitled to compensation for that disease other than medical benefits under certain circumstances.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 617.453 is hereby amended to read as follows:

      617.453  1.  Notwithstanding any other provision of this chapter, cancer, resulting in either temporary or permanent disability, or death, is an occupational disease and compensable as such under the provisions of this chapter if:

      (a) The cancer develops or manifests itself out of and in the course of the employment of a person who, for 5 years or more, has been:

             (1) Employed in this State in a full-time salaried occupation [of fire fighting] as:

 


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ê2019 Statutes of Nevada, Page 3430 (CHAPTER 548, SB 215)ê

 

                   (I) A firefighter for the benefit or safety of the public;

                   (II) An investigator of fires or arson; or

                   (III) An instructor or officer for the provision of training concerning fire or hazardous materials; or

             (2) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; and

      (b) It is demonstrated that:

             (1) The person was exposed, while in the course of the employment, to a known carcinogen , or a substance reasonably anticipated to be a human carcinogen, as defined by the International Agency for Research on Cancer or the National Toxicology Program; and

             (2) The carcinogen or substance, as applicable, is reasonably associated with the disabling cancer.

      2.  With respect to a person who, for 5 years or more, has been employed in this State [in a full-time salaried occupation of fire fighting for the benefit or safety of the public,] as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, the following substances shall be deemed, for the purposes of paragraph (b) of subsection 1, to be known carcinogens that are reasonably associated with the following disabling cancers:

      (a) Diesel exhaust, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with bladder cancer.

      (b) Acrylonitrile, formaldehyde and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with brain cancer.

      (c) Asbestos, benzene, diesel exhaust and soot, digoxin, ethylene oxide, polychlorinated biphenyls and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with breast cancer.

      (d) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with colon cancer.

      (e) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with esophageal cancer.

      [(d)] (f) Formaldehyde shall be deemed to be a known carcinogen that is reasonably associated with Hodgkin’s lymphoma.

      [(e)] (g) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with kidney cancer.

      (h) Benzene, diesel exhaust and soot, formaldehyde, 1,3-butadiene and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with leukemia.

      [(f)] (i) Chloroform, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with liver cancer.

      (j) Arsenic, asbestos, cadmium, chromium compounds, oils, polycyclic aromatic hydrocarbon, radon, silica, soot and tars shall be deemed to be known carcinogens that are reasonably associated with lung cancer.

 


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ê2019 Statutes of Nevada, Page 3431 (CHAPTER 548, SB 215)ê

 

      [(g)] (k) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with lymphatic or hematopoietic cancer.

      [(h)] (l) Diesel exhaust, soot, aldehydes and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with basal cell carcinoma, squamous cell carcinoma and malignant melanoma.

      (m) Benzene, dioxins and glyphosate shall be deemed to be known carcinogens that are reasonably associated with multiple myeloma.

      (n) Arsenic, asbestos, benzene, diesel exhaust and soot, formaldehyde and hydrogen chloride shall be deemed to be known carcinogens that are reasonably associated with nasopharyngeal cancer, including laryngeal cancer and pharyngeal cancer.

      (o) Benzene, chronic hepatitis B and C viruses, formaldehyde and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with non-Hodgkin’s lymphoma.

      (p) Asbestos, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with ovarian cancer.

      (q) Polycyclic aromatic hydrocarbon shall be deemed to be a known carcinogen that is reasonably associated with pancreatic cancer.

      [(i)] (r) Acrylonitrile, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with prostate cancer.

      (s) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with rectal cancer.

      (t) Chlorophenols, chlorophenoxy herbicides and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with soft tissue sarcoma.

      (u) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with stomach cancer.

      [(j)] (v) Diesel exhaust, soot and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with testicular cancer.

      [(k)] (w) Diesel exhaust, benzene and X-ray radiation shall be deemed to be known carcinogens that are reasonably associated with thyroid cancer.

      (x) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with urinary tract cancer and ureteral cancer.

      (y) Benzene and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with uterine cancer.

      3.  The provisions of subsection 2 do not create an exclusive list and do not preclude any person from demonstrating, on a case-by-case basis for the purposes of paragraph (b) of subsection 1, that a substance is a known carcinogen or is reasonably anticipated to be a human carcinogen, including an agent classified by the International Agency for Research on Cancer in Group 1 or Group 2A, that is reasonably associated with a disabling cancer.

      [4.  Compensation]

 


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ê2019 Statutes of Nevada, Page 3432 (CHAPTER 548, SB 215)ê

 

      4.  Except as otherwise provided in subsection 10, compensation awarded to the employee or his or her dependents for disabling cancer pursuant to this section must include:

      (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization in accordance with the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract; and

      (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death.

      5.  [Disabling] For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, disabling cancer is rebuttably presumed to have arisen out of and in the course of the employment of the person if the disease is diagnosed during the course of the person’s employment described in paragraph (a) of subsection 1.

      6.  For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1 and who retires before July 1, 2019, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, regardless of the date on which the volunteer firefighter retires, disabling cancer is rebuttably presumed to have [developed or manifested itself] arisen out of and in the course of the person’s employment [of any firefighter described in this section.] pursuant to this subsection. This rebuttable presumption applies to disabling cancer diagnosed after the termination of the person’s employment if the diagnosis occurs within a period, not to exceed 60 months, which begins with the last date the employee actually worked in the qualifying capacity and extends for a period calculated by multiplying 3 months by the number of full years of his or her employment. [This rebuttable presumption must control the awarding of benefits pursuant to this section unless evidence to rebut the presumption is presented.

      6.  The provisions of this section do not create a conclusive presumption.]

      7.  For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1 and who retires on or after July 1, 2019, disabling cancer is rebuttably presumed to have arisen out of and in the course of the person’s employment pursuant to this subsection. This rebuttable presumption applies to disabling cancer diagnosed:

      (a) If the person ceases employment before completing 20 years of service as a firefighter, investigator, instructor or officer, during the period after separation from employment which is equal to the number of years worked; or

      (b) If the person ceases employment after completing 20 years or more of service as a firefighter, investigator, instructor or officer, at any time during the person’s life.

 


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ê2019 Statutes of Nevada, Page 3433 (CHAPTER 548, SB 215)ê

 

      8.  Service credit which is purchased in a retirement system must not be used to calculate the number of years of service or employment of a person for the purposes of this section.

      9.  A rebuttable presumption created by subsection 5, 6 or 7 must control the awarding of benefits pursuant to this section unless evidence to rebut the presumption is presented. The provisions of subsections 5, 6 and 7 do not create a conclusive presumption.

      10.  A person who files a claim for a disabling cancer pursuant to subsection 7 after he or she retires from employment as a firefighter, investigator of fires or arson, or instructor or officer for the provision of training concerning fire or hazardous materials is not entitled to receive any compensation for that disease other than medical benefits.

      Sec. 2.  The amendatory provisions of this act apply only to claims filed on or after July 1, 2019.

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

________

CHAPTER 549, SB 377

Senate Bill No. 377–Senators D. Harris and Ohrenschall

 

CHAPTER 549

 

[Approved: June 12, 2019]

 

AN ACT relating to industrial insurance; authorizing the use of money in the Fund for Workers’ Compensation and Safety in the State Treasury to make certain payments; revising the authority of the Administrator of the Division of Industrial Relations of the Department of Business and Industry to make certain payments from the Uninsured Employers’ Claim Account in the Fund for Workers’ Compensation and Safety; establishing certain methods which must be used by the Administrator to determine the period of wages earned by an employee to calculate an average monthly wage; revising provisions providing for an annual increase in benefits for permanent total disability; authorizing assessments against certain employers to defray the costs of certain compensation for permanent total disability; repealing provisions authorizing annual payments to certain persons who are entitled to compensation for permanent total disability; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for an annual increase in compensation in the amount of 2.3 percent to claimants or dependents thereof who are entitled to compensation for permanent total disability under industrial insurance for an industrial injury or disablement from an occupational disease that occurs on or after January 1, 2004. (NRS 616C.473) Existing law provides for a single annual payment to claimants and their dependents who are entitled to receive compensation for permanent total disability but are not entitled to the 2.3 percent annual increase in that compensation because the industrial injury or disablement occurred before January 1, 2004. (NRS 616C.453) Existing law provides that such annual payments are paid from the Uninsured Employers’ Claim Account in the Fund for Workers’ Compensation and Safety in the State Treasury, an account which is funded by assessments against insurers and certain employers who provide accident benefits for injured employees. (NRS 616A.430)

 


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ê2019 Statutes of Nevada, Page 3434 (CHAPTER 549, SB 377)ê

 

      Existing law sets forth the uses of money and securities in the Fund for Workers’ Compensation and Safety. (NRS 616A.425) Section 1 of this bill provides that money in the Fund may also be used to: (1) reimburse insurers and employers for payments of an annual increase in compensation for permanent total disability to claimants and dependents of claimants who are entitled to such compensation due to an industrial injury or disablement which occurred before January 1, 2004, to the extent income realized on the investment of the assets in the Uninsured Employers’ Claim Account in the Fund is sufficient to pay that compensation; and (2) pay the salary and other expenses of administering the payment of increased compensation to claimants and dependents of claimants who are entitled to compensation for permanent total disability caused by industrial injuries and disablements from occupational diseases that occurred before January 1, 2004.

      Section 2.5 of this bill authorizes an insurer or employer who pays an annual increase in compensation for permanent total disability to a claimant or dependent who is entitled to such compensation due to an industrial injury or disablement which occurred before January 1, 2004, to obtain reimbursement from the Administrator of the Division of Industrial Relations of the Department of Business and Industry and establishes the procedure for obtaining such a reimbursement. Under section 2.5, reimbursements approved by the Administrator are required to be paid from the income realized on the investment of the assets in the Uninsured Employers’ Claim Account in the Fund for Workers’ Compensation and Safety in the State Treasury. If the income realized on the investment of the assets in that Account is insufficient to fund the annual increase in compensation, the remainder of the reimbursements are required to be paid from certain assessments levied on insurers and employers by the Administrator.

      Existing law provides that the amount of compensation for certain industrial injuries or death is based, in part, on the average monthly wage of the injured or deceased employee. (NRS 616C.440, 616C.475, 616C.490, 616C.505) Existing law requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to provide by regulation for a method of determining average monthly wage. (NRS 616C.420) Section 2.8 of this bill incorporates in statute certain provisions from current regulations which contain methods for determining the period of wages earned by an employee that must be used to calculate the average monthly wage. (NAC 616C.435)

      Section 3 of this bill provides for a 2.3 percent annual increase in compensation for permanent total disability to claimants and dependents of claimants who are entitled to such compensation due to an industrial injury or disablement which occurred before January 1, 2004, with compensation to be increased on January 1, 2020, and on January 1 each year thereafter.

      Section 4 of this bill provides that assessments against employers who provide accident benefits for injured employees may be used to pay reimbursement to insurers for the cost of the annual increase in compensation payable to claimants and dependents of claimants who are entitled to such compensation due to an industrial injury or disablement which occurred before January 1, 2004, to the extent that income realized on the investment of the assets in the Uninsured Employers’ Claim Account is insufficient to pay that reimbursement.

      Section 5 of this bill repeals provisions which authorize a single annual payment to claimants and their dependents who are entitled to receive compensation for permanent total disability but are not entitled to the 2.3 percent annual increase in that compensation. Section 2 of this bill eliminates the authority of the Administrator of the Division of Industrial Relations of the Department of Business and Industry to make the annual payments from the Uninsured Employers’ Claim Account in the Fund for Workers’ Compensation and Safety and, instead, authorizes the reimbursements authorized by section 2.5 to be paid from the Account.

 

 

 

 

 


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ê2019 Statutes of Nevada, Page 3435 (CHAPTER 549, SB 377)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 616A.425 is hereby amended to read as follows:

      616A.425  1.  There is hereby established in the State Treasury the Fund for Workers’ Compensation and Safety as an enterprise fund. All money received from assessments levied on insurers and employers by the Administrator pursuant to NRS 232.680 must be deposited in this Fund.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Division for functions supported in whole or in part from the Fund must be delivered to the custody of the State Treasurer for deposit to the credit of the Fund.

      3.  All money and securities in the Fund must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:

      (a) All salaries and other expenses in administering the Division of Industrial Relations, including the costs of the office and staff of the Administrator.

      (b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the Hearings Division of the Department of Administration and the programs of self-insurance and review of premium rates by the Commissioner.

      (c) The salary and other expenses of a full-time employee of the Legislative Counsel Bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

      (d) All salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420.

      (e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.

      (f) That portion of the salaries and other expenses of the Office for Consumer Health Assistance of the Department of Health and Human Services established pursuant to NRS 232.458 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.

      (g) For claimants and dependents of claimants who are entitled to receive compensation for a permanent total disability caused by an industrial injury or a disablement that occurred before January 1, 2004:

             (1) Reimbursement to insurers for the cost of the annual increase in the compensation pursuant to subsection 2 of NRS 616C.473; and

             (2) The salary and other expenses of administering the payment of the annual increase in the compensation pursuant to subsection 2 of NRS 616C.473.

      4.  The State Treasurer may disburse money from the Fund only upon written order of the Controller.

      5.  The State Treasurer shall invest money of the Fund in the same manner and in the same securities in which the State Treasurer is authorized to invest state general funds which are in his or her custody. Income realized from the investment of the assets of the Fund must be credited to the Fund.

      6.  The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date.

 


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before their effective date. Any insurer or employer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      7.  If the Division refunds any part of an assessment, the Division shall include in that refund any interest earned by the Division from the refunded part of the assessment.

      Sec. 2. NRS 616A.430 is hereby amended to read as follows:

      616A.430  1.  There is hereby established in the State Treasury the Uninsured Employers’ Claim Account in the Fund for Workers’ Compensation and Safety, which may be used only for the purpose of making payments in accordance with the provisions of NRS 616C.220 [, 616C.453] and 617.401 [.] and subsection 2 of NRS 616C.473. The Administrator shall administer the Account and shall credit any excess money toward the assessments of the insurers for the succeeding years.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Administrator for the Uninsured Employers’ Claim Account must be delivered to the custody of the State Treasurer.

      3.  All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation.

      4.  The State Treasurer may disburse money from the Account only upon written order of the State Controller.

      5.  The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest money of the State General Fund. Income realized from the investment of the assets of the Account must be credited to the Account.

      6.  The Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265, an amount to be deposited in the Uninsured Employers’ Claim Account. To establish the amount of the assessment, the Administrator shall determine the amount of money necessary to maintain an appropriate balance in the Account for each fiscal year and shall allocate a portion of that amount to be payable by private carriers, a portion to be payable by self-insured employers, a portion to be payable by associations of self-insured public or private employers and a portion to be payable by the employers who provide accident benefits pursuant to NRS 616C.265, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable, the Administrator shall apply an assessment rate to the:

      (a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;

      (b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

      (c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and

      (d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflects the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.

 


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Ê The Administrator shall adopt regulations for the establishment and administration of the assessment rates, payments and any penalties that the Administrator determines are necessary to carry out the provisions of this subsection. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

      7.  The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any insurer who wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      Sec. 2.5. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer, including an employer who provides accident benefits for injured employees pursuant to NRS 616C.265, who pays an annual increase in compensation for a permanent total disability to a claimant or a dependent of a claimant pursuant to subsection 2 of NRS 616C.473 is entitled to be reimbursed for the amount of that increase in accordance with this section if the insurer provides to the Administrator all of the following:

      (a) The name of the claimant or dependent of a claimant to whom the insurer paid the increase in compensation.

      (b) The claim number under which the compensation for a permanent total disability was paid to the claimant or dependent of a claimant.

      (c) The date of the industrial injury or disablement from an occupational disease which resulted in the permanent total disability of the injured employee.

      (d) The date on which the disability of the injured employee was determined or deemed to be total and permanent.

      (e) The amount of the compensation for a permanent total disability to which the claimant or dependent of a claimant was entitled as of December 31, 2019.

      (f) Proof of the insurer’s payment of the increase in compensation for a permanent total disability.

      (g) The amount of reimbursement requested by the insurer.

      2.  An insurer must provide the Administrator with the items required pursuant to subsection 1 not later than March 31 of each year to be eligible for reimbursement for payments of increases in compensation for permanent total disability which were made in the immediately preceding calendar year.

      3.  An insurer may not be reimbursed pursuant to this section unless the insurer’s request for reimbursement is approved by the Administrator.

      4.  If the Administrator approves an insurer’s request for reimbursement, the Administrator must withdraw from the Uninsured Employers’ Claim Account established pursuant to NRS 616A.430 an amount of the income realized from the investment of the assets in that Account that is necessary to reimburse the insurer or employer for the cost of the increase in compensation paid to claimants and dependents pursuant to subsection 2 of NRS 616C.473. If the income realized from the investment of the assets in the Account is insufficient to pay such reimbursement, the Administrator must pay the remainder of the reimbursement from the assessments levied by the Administrator pursuant to NRS 232.680.

 


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      5.  An insurer may elect to apply any approved reimbursement under this section towards any current or future assessment levied by the Administrator pursuant to NRS 232.680.

      Sec. 2.8. NRS 616C.420 is hereby amended to read as follows:

      616C.420  1.  The Administrator shall provide by regulation for a method of determining average monthly wage.

      2.  The method established pursuant to subsection 1 must provide that:

      (a) Except as otherwise provided in this subsection, a history of wages earned for a period of 12 weeks must be used to calculate an average monthly wage.

      (b) If a 12-week period of wages earned is not representative of the average monthly wage of the injured employee, wages earned over a period of 1 year or the full period of employment, if it is less than 1 year, may be used. Wages earned over 1 year or the full period of employment, if it is less than 1 year, must be used if the average monthly wage would be increased.

      (c) If an injured employee is a member of a labor organization and is regularly employed by referrals from the office of that organization, wages earned from all employers for a period of 1 year may be used. A period of 1 year using all the wages earned by the injured employee from all his or her employers must be used if the average monthly wage would be increased.

      (d) If information concerning payroll is not available for a period of 12 weeks, wages earned may be averaged for the available period, but not for a period of less than 4 weeks.

      (e) If information concerning payroll is unavailable for a period of at least 4 weeks, average wages earned must be projected using the rate of pay on the date of the injury or illness and the projected working schedule of the injured employee.

      (f) If wages earned are based on piecework and a history of wages earned is unavailable for a period of at least 4 weeks, the wages earned must be determined as being equal to the average wages earned by other employees doing the same work.

      (g) If these methods of determining a period of wages earned cannot be applied reasonably and fairly, an average monthly wage must be calculated by the insurer at 100 percent of:

             (1) The sum which reasonably represents the average monthly wage of the injured employee, as defined in regulations adopted pursuant to this section, at the time the injury or illness occurs; or

             (2) The amount determined using the hourly wage on the day the injury or illness occurs and the projected working schedule of the injured employee.

      (h) The period used to calculate the average monthly wage must consist of consecutive days, ending on the date on which the injury or illness occurs, or the last day of the payroll period preceding the injury or illness if this period is representative of the average monthly wage.

Ê As used in this subsection, “wages earned” means wages earned from the employment in which the injury or illness occurs and in any concurrent employment.

      Sec. 3. NRS 616C.473 is hereby amended to read as follows:

      616C.473  1.  If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability caused by an industrial injury or a disablement from an occupational disease that occurs on or after January 1, 2004, the claimant or dependent is entitled to an annual increase in that compensation in the amount of 2.3 percent.

 


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disablement from an occupational disease that occurs on or after January 1, 2004, the claimant or dependent is entitled to an annual increase in that compensation in the amount of 2.3 percent. The compensation must be increased pursuant to this [section:] subsection:

      (a) On January 1 of the year immediately after the year in which the claimant or dependent becomes entitled to receive that compensation; and

      (b) On January 1 of each successive year after the year specified in paragraph (a) in which the claimant or dependent is entitled to receive that compensation.

      2.  If a claimant or a dependent of a claimant is entitled to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for a permanent total disability caused by an industrial injury or a disablement from an occupational disease that occurred before January 1, 2004, the claimant or dependent is entitled to an annual increase in that compensation in the amount of 2.3 percent. The compensation must be increased pursuant to this subsection:

      (a) On January 1, 2020; and

      (b) On January 1 of each year thereafter.

      3.  Any increase in compensation provided pursuant to this section is in addition to any increase in compensation to which a claimant or a dependent of a claimant is otherwise entitled by law.

      Sec. 4. NRS 232.680 is hereby amended to read as follows:

      232.680  1.  The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the Division, a full-time employee of the Legislative Counsel Bureau and the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420, and that portion of the cost of the Office for Consumer Health Assistance established pursuant to NRS 232.458 that is related to providing assistance to consumers and injured employees concerning workers’ compensation, must be paid from assessments payable by each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265.

      2.  The Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265. To establish the amount of the assessment, the Administrator shall determine the amount of money necessary for each of the expenses set forth in subsections 1 and 4 of this section and subsection 3 of NRS 616A.425 and determine the amount that is payable by the private carriers, the self-insured employers, the associations of self-insured public or private employers and the employers who provide accident benefits pursuant to NRS 616C.265 for each of the programs. For the expenses from which more than one group of insurers receives benefit, the Administrator shall allocate a portion of the amount necessary for that expense to be payable by each of the relevant group of insurers, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable among each group of insurers for all the expenses from which each group receives benefit, the Administrator shall apply an assessment rate to the:

      (a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;

      (b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;

 


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      (c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and

      (d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflect the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.

Ê The Administrator shall adopt regulations that establish the formula for the assessment and for the administration of payment, and any penalties that the Administrator determines are necessary to carry out the provisions of this subsection. The formula may use actual expenditures for claims. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.

      3.  Federal grants may partially defray the costs of the Division.

      4.  Assessments made against insurers by the Division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:

      (a) All salaries and other expenses in administering the Division, including the costs of the office and staff of the Administrator.

      (b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the Hearings Division of the Department of Administration and the programs of self-insurance and review of premium rates by the Commissioner of Insurance.

      (c) The salary and other expenses of a full-time employee of the Legislative Counsel Bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.

      (d) All salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420.

      (e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.

      (f) That portion of the salaries and other expenses of the Office for Consumer Health Assistance established pursuant to NRS 232.458 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.

      [5.  If the Division refunds any part of an assessment, the Division shall include in that refund any interest earned by the Division from the refunded part of the assessment.]

      (g) For claimants and dependents of claimants who are entitled to receive compensation for a permanent total disability caused by an industrial injury or a disablement that occurred before January 1, 2004, reimbursement to insurers for the cost of the annual increase in the compensation pursuant to subsection 2 of NRS 616C.473.

      Sec. 5. NRS 616C.453 is hereby repealed.

      Sec. 5.5.  The amendatory provisions of section 2.8 of this act apply prospectively with regard to any claim pursuant to chapters 616A to 616D, inclusive, or 617 of NRS which is open on or filed on or after July 1, 2019.

      Sec. 6.  This act becomes effective on July 1, 2019.

________

 


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ê2019 Statutes of Nevada, Page 3441ê

 

CHAPTER 550, SB 381

Senate Bill No. 381–Senator Cannizzaro

 

CHAPTER 550

 

[Approved: June 12, 2019]

 

AN ACT relating to industrial insurance; establishing the substantive right of an injured employee to choose a treating physician or chiropractor under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act; revising provisions governing the panel of treating physicians and chiropractors established by the Administrator of the Division of Industrial Relations of the Department of Business and Industry to require the inclusion of certain physicians and chiropractors; authorizing the Administrator to select a rating physician or chiropractor for an injured employee upon request; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 2007, the Nevada Supreme Court held that the Nevada Industrial Insurance Act does not entitle a claimant for compensation under that Act to his or her choice of treating physician as a substantive right. (Valdez v. Employers Ins. Co. of Nev., 123 Nev. 170 (2007)) Section 2 of this bill provides that the choice of a treating physician or chiropractor is a substantive right of an injured employee who has a claim under the Nevada Industrial Insurance Act (chapters 616A-616D of NRS) or the Nevada Occupational Diseases Act (chapter 617 of NRS). Section 2 requires an insurer to: (1) include in its list of physicians and chiropractors from which an injured employee may choose to receive treatment a certain number of physicians or chiropractors, as applicable, from the panel of physicians and chiropractors established and maintained by the Administrator of the Division of Industrial Relations of the Department of Business and Industry; and (2) update and file its list of physicians and chiropractors with the Administrator annually. Section 2 also requires the Administrator to provide a copy of an insurer’s list to any member of the public upon request or post a copy of each such list on an Internet website for viewing, printing or downloading by the public. Section 2 sets forth procedures and limitations governing the removal of a physician or chiropractor from an insurer’s list. Finally, section 2 provides that, except under certain circumstances, an injured employee may continue to receive treatment from a physician or chiropractor who has been removed from a list.

      Existing law requires the Administrator to establish a panel of physicians and chiropractors to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. Existing law also provides that an injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization. (NRS 616C.090) Section 8 of this bill revises these provisions to: (1) require the Administrator to annually update the panel; (2) require the inclusion of physicians and chiropractors on the panel maintained by the Administrator; and (3) provide that an injured employee may change a physician or chiropractor or receive treatment by more than one physician or chiropractor if the insurer provides written authorization or by order of a hearing officer or appeals officer.

      Existing law sets forth procedures under which an insurer selects a physician or chiropractor to determine an injured employee’s percentage of disability. (NRS 616C.490) Section 26 of this bill additionally authorizes an injured employee or his or her legal representative to request that the Administrator select a rating physician or chiropractor.

 

 

 

 

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 616B.527 is hereby amended to read as follows:

      616B.527  1.  A self-insured employer, an association of self-insured public or private employers or a private carrier may:

      (a) Except as otherwise provided in NRS 616B.5273, enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.

      (b) Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.

      (c) Require employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom the self-insured employer, association or private carrier has contracted pursuant to paragraphs (a) and (b), or as the self-insured employer, association or private carrier otherwise prescribes.

      (d) Except as otherwise provided in subsection [3] 4 of NRS 616C.090, require employees to obtain the approval of the self-insured employer, association or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer, association or private carrier.

      2.  An organization for managed care with whom a self-insured employer, association of self-insured public or private employers or a private carrier has contracted pursuant to this section shall comply with the provisions of NRS 616B.528, 616B.5285 and 616B.529.

      Sec. 2. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Legislature hereby declares that:

      (a) The choice of a treating physician or chiropractor is a substantive right and substantive benefit of an injured employee who has a claim under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act.

      (b) The injured employees of this State have a substantive right to an adequate choice of physicians and chiropractors to treat their industrial injuries and occupational diseases.

      2.  Except as otherwise provided in this subsection and subsections 3 and 4, an insurer’s list of physicians and chiropractors from which an injured employee may choose pursuant to NRS 616C.090 must include not less than 12 physicians or chiroproactors, as applicable, in each of the following disciplines and specializations, without limitation, from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090:

 


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      (a) Orthopedic surgery on spines;

      (b) Orthopedic surgery on shoulders;

      (c) Orthopedic surgery on elbows;

      (d) Orthopedic surgery on wrists;

      (e) Orthopedic surgery on hands;

      (f) Orthopedic surgery on hips;

      (g) Orthopedic surgery on knees;

      (h) Orthopedic surgery on ankles;

      (i) Orthopedic surgery on feet;

      (j) Neurosurgery;

      (k) Neurology;

      (l) Cardiology;

      (m) Pulmonology;

      (n) Psychiatry;

      (o) Pain management;

      (p) Occupational medicine;

      (q) Physiatry or physical medicine;

      (r) General practice or family medicine; and

      (s) Chiropractic medicine.

Ê If the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 12 physicians or chiropractors, as applicable, for a discipline or specialization specifically identified in this subsection, all of the physicians or chiropractors, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.

      3.  For any other discipline or specialization not specifically identified in subsection 2, the insurer’s list must include not fewer than 8 physicians or chiropractors, as applicable, unless the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 8 physicians or chiropractors, as applicable, for that discipline or specialization, in which case all of the physicians or chiropractors, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list.

      4.  For each county whose population is 100,000 or more, an insurer’s list of physicians and chiropractors must include for that county a number of physicians and chiropractors, as applicable, that is not less than the number required pursuant to subsections 2 and 3 and that also maintain in that county:

      (a) An active practice; and

      (b) A physical office.

      5.  If an insurer fails to maintain a list of physicians and chiropractors that complies with the requirements of subsections 2, 3 and 4, an injured employee may choose a physician or chiropractor from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090.

      6.  Each insurer shall, not later than October 1 of each year, update the list of physicians and chiropractors and file the list with the Administrator. The list must be certified by an adjuster who is licensed pursuant to chapter 684A of NRS.

      7.  Upon receipt of a list of physicians and chiropractors that is filed pursuant to subsection 6, the Administrator shall:

      (a) Stamp the list as having been filed; and

 


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      (b) Indicate on the list the date on which it was filed.

      8.  The Administrator shall:

      (a) Provide a copy of an insurer’s list of physicians and chiropractors to any member of the public who requests a copy; or

      (b) Post a copy of each insurer’s list of physicians and chiropractors on an Internet website maintained by the Administrator and accessible to the public for viewing, printing or downloading.

      9.  At any time, a physician or chiropractor may request in writing that he or she be removed from an insurer’s list of physicians and chiropractors. The insurer must comply with the request and omit the physician or chiropractor from the next list which the insurer files with the Administrator.

      10.  A physician or chiropractor may not be involuntarily removed from an insurer’s list of physicians and chiropractors except for good cause. As used in this subsection, “good cause” means that one or more of the following circumstances apply:

      (a) The physician or chiropractor has died or is disabled.

      (b) The license of the physician or chiropractor has been revoked or suspended.

      (c) The physician or chiropractor has been convicted of:

             (1) A felony; or

             (2) A crime for a violation of a provision of chapter 616D of NRS.

      (d) The physician or chiropractor has been removed from the panel of physicians and chiropractors maintained by the Administrator pursuant to NRS 616C.090 by the Administrator upon a finding that the physician or chiropractor has failed to comply with the standards for treatment of industrial injuries or occupational diseases as established by the Administrator.

      11.  Unless a physician or chiropractor, as applicable, is removed from an insurer’s list of physicians and chiropractors pursuant to subsection 10, an injured employee may continue to receive treatment from that physician or chiropractor even if:

      (a) The employer of the injured employee changes insurers or administrators.

      (b) The physician or chiropractor is no longer included in the applicable insurer’s list of physicians and chiropractors, provided that the physician or chiropractor agrees to continue to accept compensation for that treatment at the rates which:

             (1) Were previously agreed upon when the physician or chiropractor was most recently included in the list; or

             (2) Are newly negotiated but do not exceed the amounts provided under the fee schedule adopted by the Administrator.

      Secs. 3 and 4. (Deleted by amendment.)

      Sec. 5. NRS 616C.050 is hereby amended to read as follows:

      616C.050  1.  An insurer shall provide to each claimant:

      (a) Upon written request, one copy of any medical information concerning the claimant’s injury or illness.

      (b) A statement which contains information concerning the claimant’s right to:

             (1) Receive the information and forms necessary to file a claim;

 


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             (2) Select a treating physician or chiropractor and an alternative treating physician or chiropractor in accordance with the provisions of NRS 616C.090;

             (3) Request the appointment of the Nevada Attorney for Injured Workers to represent the claimant before the appeals officer;

             (4) File a complaint with the Administrator;

             (5) When applicable, receive compensation for:

                   (I) Permanent total disability;

                   (II) Temporary total disability;

                   (III) Permanent partial disability;

                   (IV) Temporary partial disability;

                   (V) All medical costs related to the claimant’s injury or disease; or

                   (VI) The hours the claimant is absent from the place of employment to receive medical treatment pursuant to NRS 616C.477;

             (6) Receive services for rehabilitation if the claimant’s injury prevents him or her from returning to gainful employment;

             (7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute; and

             (8) Judicial review of any final decision within the time specified by statute.

      2.  The insurer’s statement must include a copy of the form designed by the Administrator pursuant to subsection [8] 9 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractor. The Administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.

      Sec. 6. NRS 616C.055 is hereby amended to read as follows:

      616C.055  1.  The insurer may not, in accepting responsibility for any charges, use fee schedules which unfairly discriminate among physicians and chiropractors.

      2.  [If] Except as otherwise provided in section 2 of this act, if a physician or chiropractor is removed from the panel established pursuant to NRS 616C.090 or from participation in a plan for managed care established pursuant to NRS 616B.527, the physician or chiropractor, as applicable, must not be paid for any services rendered to the injured employee after the date of the removal.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 616C.090 is hereby amended to read as follows:

      616C.090  1.  The Administrator shall establish , maintain and update not less frequently than annually on or before July 1 of each year, a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. The Administrator shall maintain the following information relating to each physician and chiropractor on the panel:

      (a) The name of the physician or chiropractor.

      (b) The title or degree of the physician or chiropractor.

      (c) The legal name of the practice of the physician or chiropractor and the name under which the practice does business.

      (d) The street address of the location of every office of the physician or chiropractor.

 


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      (e) The telephone number of every office of the physician or chiropractor.

      (f) Every discipline and specialization practiced by the physician or chiropractor.

      (g) Every condition and part of the body which the physician or chiropractor will treat.

      2.  Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care [services] pursuant to NRS 616B.527 shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his or her employees.

      [2.]3.  An injured employee whose employer’s insurer has not entered into a contract with an organization for managed care or with providers of health care [services] pursuant to NRS 616B.527 may choose a treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he or she so chooses, the injured employee may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his or her injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services the physician or chiropractor, as applicable, rendered to the injured employee up to and including the date of notification. Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer [, which] or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractor must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If the insurer takes no action [is taken] on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the [treating physician or chiropractor] insurer shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is on the panel. [After] Not later than 14 days after receiving the list, the injured employee shall [, at the time the referral is made,] select a physician or chiropractor from the list.

      [3.]4.  An injured employee whose employer’s insurer has entered into a contract with an organization for managed care or with providers of health care [services] pursuant to NRS 616B.527 must choose a treating physician or chiropractor pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractor he or she so chooses, the injured employee may make an alternative choice of physician or chiropractor pursuant to the terms of the contract without the approval of the insurer if the choice is made within 90 days after his or her injury. Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractor must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If the insurer takes no action on the request within 10 days, the request shall be deemed granted. If the injured employee, after choosing a treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care [services] named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor.

 


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employee, after choosing a treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care [services] named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the [treating physician or chiropractor] insurer shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is available pursuant to the terms of the contract with the organization for managed care or with providers of health care [services] pursuant to NRS 616B.527, as appropriate. [After] Not later than 14 days after receiving the list, the injured employee shall [, at the time the referral is made,] select a physician or chiropractor from the list. If the employee fails to select a physician or chiropractor, the insurer may select a physician or chiropractor with that specialization. If a physician or chiropractor with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care [services] may select a physician or chiropractor with that specialization.

      [4.]5.  If the injured employee is not satisfied with the physician or chiropractor selected by himself or herself or by the insurer, the organization for managed care or the provider of health care [services] pursuant to subsection [3,] 4, the injured employee may make an alternative choice of physician or chiropractor pursuant to the terms of the contract. A change in the treating physician or chiropractor may be made at any time but is subject to the approval of the insurer [, which] or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractor must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee. If the insurer denies a request for a change in the treating physician or chiropractor under this subsection, the insurer must include in a written notice of denial to the injured employee the specific reason for the denial of the request.

      [5.]6.  Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employee’s injury attributable to improper treatments by such physician, chiropractor or other person.

      [6.]7.  The Administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown [.

      7.]in accordance with section 2 of this act.

      8.  An injured employee may receive treatment by more than one physician or chiropractor if :

      (a) If the insurer provides written authorization for such treatment [.

 


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      8.]; or

      (b) By order of a hearing officer or appeals officer.

      9.  The Administrator shall design a form that notifies injured employees of their right pursuant to subsections [2,] 3 , [and] 4 and 5 to select an alternative treating physician or chiropractor and make the form available to insurers for distribution pursuant to subsection 2 of NRS 616C.050.

      Secs. 9-15. (Deleted by amendment.)

      Sec. 16. NRS 616C.260 is hereby amended to read as follows:

      616C.260  1.  All fees and charges for accident benefits must not:

      (a) Exceed the amounts usually billed and paid in the State for similar treatment.

      (b) Be unfairly discriminatory as between persons legally qualified to provide the particular service for which the fees or charges are asked.

      2.  The Administrator shall, giving consideration to the fees and charges being billed and paid in the State, establish a schedule of reasonable fees and charges allowable for accident benefits provided to injured employees whose insurers have not contracted with an organization for managed care or with providers of health care [services] pursuant to NRS 616B.527. The Administrator shall review and revise the schedule on or before February 1 of each year. In the revision, the Administrator shall adjust the schedule by the corresponding annual change in the Consumer Price Index, Medical Care Component.

      3.  The Administrator shall designate a vendor who compiles data on a national basis concerning fees and charges that are billed and paid for treatment or services similar to the treatment and services that qualify as accident benefits in this State to provide the Administrator with such information as the Administrator deems necessary to carry out the provisions of subsection 2. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator. In addition, the Administrator may request a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the State to provide the Administrator with information concerning fees and charges that are billed and paid in this State for similar services as the Administrator deems necessary to carry out the provisions of subsection 2. The Administrator shall require a health insurer, health maintenance organization or provider of accident benefits, an agent or employee of such a person, or an agency of the State that provides records or reports of fees and charges billed and paid pursuant to this section to provide interpretation and identification concerning the information delivered. The Administrator may impose an administrative fine of $500 on a health insurer, health maintenance organization or provider of accident benefits, or an agent or employee of such a person for each refusal to provide the information requested pursuant to this subsection.

      4.  The Division may adopt reasonable regulations necessary to carry out the provisions of this section. The regulations must include provisions concerning:

      (a) Standards for the development of the schedule of fees and charges that are billed and paid; and

      (b) The monitoring of compliance by providers of benefits with the schedule of fees and charges.

 


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      5.  The Division shall adopt regulations requiring the use of a system of billing codes as recommended by the American Medical Association.

      Secs. 17-24. (Deleted by amendment.)

      Sec. 25. NRS 616C.475 is hereby amended to read as follows:

      616C.475  1.  Except as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his or her dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

      2.  Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his or her dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his or her dependents are entitled to receive such benefits when the injured employee is released from incarceration if the injured employee is certified as temporarily totally disabled by a physician or chiropractor.

      3.  If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.

      4.  Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.

      5.  Payments for a temporary total disability must cease when:

      (a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience;

      (b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or

      (c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.

      6.  Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the Division for the injured employee to request continued compensation for the temporary total disability.

      7.  A certification of disability issued by a physician or chiropractor must:

      (a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;

      (b) Specify whether the limitations or restrictions are permanent or temporary; and

      (c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 or appropriately chosen pursuant to subsection [3 or] 4 or 5 of NRS 616C.090.

      8.  If the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of the employee’s accident may offer temporary, light-duty employment to the employee. If the employer makes such an offer, the employer shall confirm the offer in writing within 10 days after making the offer. The making, acceptance or rejection of an offer of temporary, light-duty employment pursuant to this subsection does not affect the eligibility of the employee to receive vocational rehabilitation services, including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services.

 


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pursuant to this subsection does not affect the eligibility of the employee to receive vocational rehabilitation services, including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services. Any offer of temporary, light-duty employment made by the employer must specify a position that:

      (a) Is substantially similar to the employee’s position at the time of his or her injury in relation to the location of the employment and the hours the employee is required to work;

      (b) Provides a gross wage that is:

             (1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his or her injury; or

             (2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his or her injury; and

      (c) Has the same employment benefits as the position of the employee at the time of his or her injury.

      Sec. 26. NRS 616C.490 is hereby amended to read as follows:

      616C.490  1.  Except as otherwise provided in NRS 616C.175, every employee, in the employ of an employer within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by an accident arising out of and in the course of employment is entitled to receive the compensation provided for permanent partial disability. As used in this section, “disability” and “impairment of the whole person” are equivalent terms.

      2.  Except as otherwise provided in subsection 3:

      (a) Within 30 days after receiving from a physician or chiropractor a report indicating that the injured employee may have suffered a permanent disability and is stable and ratable, the insurer shall schedule an appointment with the rating physician or chiropractor selected pursuant to this subsection to determine the extent of the employee’s disability.

      (b) Unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor:

      [(a)](1) The insurer shall select the rating physician or chiropractor from the list of qualified rating physicians and chiropractors designated by the Administrator, to determine the percentage of disability in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.

      [(b)](2) Rating physicians and chiropractors must be selected in rotation from the list of qualified physicians and chiropractors designated by the Administrator, according to their area of specialization and the order in which their names appear on the list unless the next physician or chiropractor is currently an employee of the insurer making the selection, in which case the insurer must select the physician or chiropractor who is next on the list and who is not currently an employee of the insurer.

      3.  Notwithstanding any other provision of law, an injured employee or the legal representative of an injured employee may, at any time, without limitation, request that the Administrator select a rating physician or chiropractor from the list of qualified physicians and chiropractors designated by the Administrator. The Administrator, upon receipt of the request, shall immediately select for the injured employee the rating physician or chiropractor who is next in rotation on the list, according to the area of specialization.

 


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request, shall immediately select for the injured employee the rating physician or chiropractor who is next in rotation on the list, according to the area of specialization.

      4.  If an insurer contacts [the] a treating physician or chiropractor to determine whether an injured employee has suffered a permanent disability, the insurer shall deliver to the treating physician or chiropractor that portion or a summary of that portion of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 that is relevant to the type of injury incurred by the employee.

      [4.]5.  At the request of the insurer, the injured employee shall, before an evaluation by a rating physician or chiropractor is performed, notify the insurer of:

      (a) Any previous evaluations performed to determine the extent of any of the employee’s disabilities; and

      (b) Any previous injury, disease or condition sustained by the employee which is relevant to the evaluation performed pursuant to this section.

Ê The notice must be on a form approved by the Administrator and provided to the injured employee by the insurer at the time of the insurer’s request.

      [5.]6.  Unless the regulations adopted pursuant to NRS 616C.110 provide otherwise, a rating evaluation must include an evaluation of the loss of motion, sensation and strength of an injured employee if the injury is of a type that might have caused such a loss. Except in the case of claims accepted pursuant to NRS 616C.180, no factors other than the degree of physical impairment of the whole person may be considered in calculating the entitlement to compensation for a permanent partial disability.

      [6.]7.  The rating physician or chiropractor shall provide the insurer with his or her evaluation of the injured employee. After receiving the evaluation, the insurer shall, within 14 days, provide the employee with a copy of the evaluation and notify the employee:

      (a) Of the compensation to which the employee is entitled pursuant to this section; or

      (b) That the employee is not entitled to benefits for permanent partial disability.

      [7.]8.  Each 1 percent of impairment of the whole person must be compensated by a monthly payment:

      (a) Of 0.5 percent of the claimant’s average monthly wage for injuries sustained before July 1, 1981;

      (b) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after July 1, 1981, and before June 18, 1993;

      (c) Of 0.54 percent of the claimant’s average monthly wage for injuries sustained on or after June 18, 1993, and before January 1, 2000; and

      (d) Of 0.6 percent of the claimant’s average monthly wage for injuries sustained on or after January 1, 2000.

Ê Compensation must commence on the date of the injury or the day following the termination of temporary disability compensation, if any, whichever is later, and must continue on a monthly basis for 5 years or until the claimant is 70 years of age, whichever is later.

      [8.]9.  Compensation benefits may be paid annually to claimants who will be receiving less than $100 a month.

      [9.]10.  Except as otherwise provided in subsection [10,] 11, if there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

 


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previous permanent disability, the percentage of disability for a subsequent injury must be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      [10.]11.  If a rating evaluation was completed for a previous disability involving a condition, organ or anatomical structure that is identical to the condition, organ or anatomical structure being evaluated for the present disability, the percentage of disability for a subsequent injury must be determined by deducting the percentage of the previous disability from the percentage of the present disability, regardless of the edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted by the Division pursuant to NRS 616C.110 used to determine the percentage of the previous disability. The compensation awarded for a permanent disability on a subsequent injury must be reduced only by the awarded or agreed upon percentage of disability actually received by the injured employee for the previous injury regardless of the percentage of the previous disability.

      [11.]12.  The Division may adopt schedules for rating permanent disabilities resulting from injuries sustained before July 1, 1973, and reasonable regulations to carry out the provisions of this section.

      [12.]13.  The increase in compensation and benefits effected by the amendment of this section is not retroactive for accidents which occurred before July 1, 1973.

      [13.]14.  This section does not entitle any person to double payments for the death of an employee and a continuation of payments for a permanent partial disability, or to a greater sum in the aggregate than if the injury had been fatal.

      Sec. 27. NRS 616C.495 is hereby amended to read as follows:

      616C.495  1.  Except as otherwise provided in NRS 616C.380, an award for a permanent partial disability may be paid in a lump sum under the following conditions:

      (a) A claimant injured on or after July 1, 1973, and before July 1, 1981, who incurs a disability that does not exceed 12 percent may elect to receive his or her compensation in a lump sum. A claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that does not exceed 30 percent may elect to receive his or her compensation in a lump sum.

      (b) The spouse, or in the absence of a spouse, any dependent child of a deceased claimant injured on or after July 1, 1973, who is not entitled to compensation in accordance with NRS 616C.505, is entitled to a lump sum equal to the present value of the deceased claimant’s undisbursed award for a permanent partial disability.

      (c) Any claimant injured on or after July 1, 1981, and before July 1, 1995, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

      (d) Any claimant injured on or after July 1, 1995, and before January 1, 2016, who incurs a disability that:

             (1) Does not exceed 25 percent may elect to receive his or her compensation in a lump sum.

             (2) Exceeds 25 percent may:

 


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                   (I) Elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 25 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 25 percent.

                   (II) To the extent that the insurer has offered to provide compensation in a lump sum up to the present value of an award for disability of 30 percent, elect to receive his or her compensation in a lump sum up to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this sub-subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

      (e) Any claimant injured on or after January 1, 2016, and before July 1, 2017, who incurs a disability that:

             (1) Does not exceed 30 percent may elect to receive his or her compensation in a lump sum.

             (2) Exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of 30 percent. If the claimant elects to receive compensation pursuant to this subparagraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

      (f) Any claimant injured on or after July 1, 2017, who incurs a disability that exceeds 30 percent may elect to receive his or her compensation in a lump sum equal to the present value of an award for a disability of up to 30 percent. If the claimant elects to receive compensation pursuant to this paragraph, the insurer shall pay in installments to the claimant that portion of the claimant’s disability in excess of 30 percent.

      (g) If the permanent partial disability rating of a claimant seeking compensation pursuant to this section would, when combined with any previous permanent partial disability rating of the claimant that resulted in an award of benefits to the claimant, result in the claimant having a total permanent partial disability rating in excess of 100 percent, the claimant’s disability rating upon which compensation is calculated must be reduced by such percentage as required to limit the total permanent partial disability rating of the claimant for all injuries to not more than 100 percent.

      2.  If the claimant elects to receive his or her payment for a permanent partial disability in a lump sum pursuant to subsection 1, all of the claimant’s benefits for compensation terminate. The claimant’s acceptance of that payment constitutes a final settlement of all factual and legal issues in the case. By so accepting the claimant waives all of his or her rights regarding the claim, including the right to appeal from the closure of the case or the percentage of his or her disability, except:

      (a) The right of the claimant to:

             (1) Reopen his or her claim in accordance with the provisions of NRS 616C.390; or

             (2) Have his or her claim considered by his or her insurer pursuant to NRS 616C.392;

      (b) Any counseling, training or other rehabilitative services provided by the insurer; and

      (c) The right of the claimant to receive a benefit penalty in accordance with NRS 616D.120.

 


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Ê The claimant, when he or she demands payment in a lump sum, must be provided with a written notice which prominently displays a statement describing the effects of accepting payment in a lump sum of an entire permanent partial disability award, any portion of such an award or any uncontested portion of such an award, and that the claimant has 20 days after the mailing or personal delivery of the notice within which to retract or reaffirm the demand, before payment may be made and the claimant’s election becomes final.

      3.  Any lump-sum payment which has been paid on a claim incurred on or after July 1, 1973, must be supplemented if necessary to conform to the provisions of this section.

      4.  Except as otherwise provided in this subsection, the total lump-sum payment for disablement must not be less than one-half the product of the average monthly wage multiplied by the percentage of disability. If the claimant received compensation in installment payments for his or her permanent partial disability before electing to receive payment for that disability in a lump sum, the lump-sum payment must be calculated for the remaining payment of compensation.

      5.  The lump sum payable must be equal to the present value of the compensation awarded, less any advance payment or lump sum previously paid. The present value must be calculated using monthly payments in the amounts prescribed in subsection [7] 8 of NRS 616C.490 and actuarial annuity tables adopted by the Division. The tables must be reviewed annually by a consulting actuary and must be adjusted accordingly on July 1 of each year by the Division using:

      (a) The most recent unisex “Static Mortality Tables for Defined Benefit Pension Plans” published by the Internal Revenue Service; and

      (b) The average 30-Year Treasury Constant Maturity Rate for March of the current year as reported by the Board of Governors of the Federal Reserve System.

      6.  If a claimant would receive more money by electing to receive compensation in a lump sum than the claimant would if he or she receives installment payments, the claimant may elect to receive the lump-sum payment.

      Secs. 28-35. (Deleted by amendment.)

      Sec. 36.  The amendatory provisions of this act apply prospectively with regard to any claim pursuant to chapters 616A to 616D, inclusive, or 617 of NRS which is open on the effective date of this act.

      Sec. 37.  This act becomes effective on January 1, 2020.

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ê2019 Statutes of Nevada, Page 3455ê

 

CHAPTER 551, SB 421

Senate Bill No. 421–Senator Ohrenschall

 

CHAPTER 551

 

[Approved: June 12, 2019]

 

AN ACT relating to aeronautics; requiring the establishment and carrying out of a program relating to certain unmanned aircraft systems; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Office of Economic Development within the Office of the Governor. (NRS 231.043) The Office of Economic Development is responsible for carrying out various economic development programs within the State. (NRS 231.020-231.1597) Section 1 of this bill requires the Office of Economic Development, to the extent of available money, to establish and carry out a program to facilitate the growth and safe integration of small unmanned aircraft systems in Nevada. Section 1: (1) requires the Office to ensure that the program complies with all applicable federal law; and (2) authorizes the program, upon the request of operators of small unmanned aircraft systems, to provide training, conduct testing and provide assistance with complying with any safety standards relating to small unmanned aircraft developed by the Federal Aviation Administration. Additionally, section 1 authorizes the Office to enter into an agreement with a nonprofit organization for the operation of the program. Section 2 of this bill makes an appropriation of $1,000,000 to the Office to carry out the program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Office shall, to the extent that money is available for this purpose, establish and carry out a program to facilitate the growth and safe integration of small unmanned aircraft systems in Nevada. The Office shall ensure that the program complies with all applicable federal statutes, rules and regulations.

      2.  The program established pursuant to subsection 1 may, upon the request of an operator of a small unmanned aircraft system:

      (a) Provide training;

      (b) Conduct testing; and

      (c) Provide assistance with complying with any safety standards developed by the Federal Aviation Administration regarding small unmanned aircraft systems.

      3.  In carrying out the program, the Office may enter into an agreement with a nonprofit organization for the operation of the program. Such a nonprofit organization must have expertise relating to small unmanned aircraft systems.

      4.  The Office may accept any gifts, grants or donations for the support of the program.

 


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      5.  As used in this section, “small unmanned aircraft system” has the meaning ascribed to it in 14 C.F.R. § 107.3.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the Office of Economic Development within the Office of the Governor the sum of $1,000,000 to carry out the program established pursuant to section 1 of 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. 3.  This act becomes effective on July 1, 2019.

________

CHAPTER 552, SB 443

Senate Bill No. 443–Committee on Finance

 

CHAPTER 552

 

[Approved: June 12, 2019]

 

AN ACT making an appropriation to increase the reimbursement rates for certain meals for aging persons who are food-insecure; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Aging and Disability Services Division of the Department of Health and Human Services to coordinate all state and federal funding of service programs to the aging in this State. (NRS 427A.040) This bill appropriates money to the Division to increase the rates of reimbursement for congregate meals and home-delivered meals for food-insecure persons who are over 60 years of age.

 

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 Aging and Disability Services Division of the Department of Health and Human Services the sum of $1,500,000 to establish rates of reimbursement of $3.20 for congregate meals and home-delivered meals for food-insecure persons who are over 60 years of age.

      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.

 


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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 553, SB 458

Senate Bill No. 458–Committee on Finance

 

CHAPTER 553

 

[Approved: June 12, 2019]

 

AN ACT making an appropriation for allocation to nonprofit organizations to provide programs for the creation and maintenance of school gardens for certain Title I schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Senate Bill No. 167 of the 79th Session of the Nevada Legislature was enacted to strongly encourage each school to establish and participate in programs, including a school garden program, to promote the consumption of fresh fruits and vegetables by children. (Chapter 452, Statutes of Nevada 2017, p. 2915)

      This bill appropriates money for allocation to nonprofit organizations to provide for the creation and maintenance of programs that provide school gardens, including hydroponic gardens, for Title I schools.

 

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 Other State Education Programs Account in the State General Fund for the cost of creating and maintaining programs for school gardens that meet the requirements of subsection 4 the following sums:

For the Fiscal Year 2019-2020.......................................................... $410,000

For the Fiscal Year 2020-2021.......................................................... $205,000

      2.  The Department of Education shall allocate the money appropriated by subsection 1 to nonprofit organizations which meet the requirements of subsection 3 to provide at the qualifying school a program for a school garden which meets the requirements set forth in subsection 4.

      3.  For a nonprofit organization to receive an allocation of money pursuant to subsection 2 to provide a program for a school garden, the school at which the program will be implemented must be a Title I school, as defined in NRS 385A.040.

      4.  For a nonprofit organization to receive an allocation of money to provide a program for a school garden pursuant to subsection 2, the program must:

      (a) Create and maintain a school garden at the school.

      (b) Have a curriculum that:

             (1) Includes a comprehensive science, technology, engineering and mathematics school garden program. Such a program must include, without limitation, a science, technology, engineering and mathematics curriculum for outdoor or hydroponic gardens for pupils in kindergarten through grade 5 that is tailored to pupils of the appropriate grade levels at the school;

 


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limitation, a science, technology, engineering and mathematics curriculum for outdoor or hydroponic gardens for pupils in kindergarten through grade 5 that is tailored to pupils of the appropriate grade levels at the school;

             (2) Is written specifically for Nevada and the desert environment of Nevada;

             (3) Complies with the standards of content and performance for a course of study in science adopted by the State Board of Education pursuant to NRS 389.520;

             (4) Uses experiential learning or project-based learning to teach science, technology, engineering, arts and mathematics;

             (5) Is designed with the assistance of teachers and other educational personnel with experience at the appropriate grade levels at the school; and

             (6) Involves supervised learning experiences for the pupils at the school in a classroom and a school garden.

      (c) Provide the school with assistance from members of the community, including without limitation, trained educators, local farmers and local chefs.

      (d) Provide pupils with the:

             (1) Ability to operate a farmer’s market to sell the produce from the school garden; and

             (2) Opportunity to have a local chef or employee of a school who works in food services demonstrate how to cook a meal using the produce grown from the school garden.

      (e) Establish garden teams comprised of teachers and, if such persons are available, parents and members of the community. Each garden team shall meet at least once each month.

      (f) Require any local nonprofit or community-based organization which will provide services to implement the program for a school garden to have at least 2 years of experience implementing such a program.

      5.  Money allocated pursuant to subsection 2 may be used to:

      (a) Provide professional development for teachers regarding the:

             (1) Use of a school garden to teach pupils with disabilities, including, without limitation, training for teaching such pupils science, technology, engineering and mathematics curriculum and vocational training to create a career path in horticulture;

             (2) Development and implementation of science, technology, engineering, arts and mathematics curricula that incorporate the use of a school garden;

             (3) Development and implementation of training that may be provided to a group or individually to teachers in how to establish and maintain school gardens to increase the time teachers allocate to teaching science, technology, engineering and mathematics; and

             (4) Development and implementation of a food safety plan designed to ensure that food grown in a school garden is properly handled and safe to sell and consume;

      (b) Pay for any travel expenses associated with the attendance of a teacher at any training or conference relating to school gardens; and

      (c) Pay for the costs of a conference regarding school gardens held in this State.

      6.  As used in this section, “school garden” includes, without limitation, a hydroponic garden.

      Sec. 2.  Upon acceptance of the money allocated pursuant to section 1 of this act, a nonprofit organization agrees to:

 


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      1.  Prepare and transmit a report to the Interim Finance Committee on or before October 1, 2020, that describes each expenditure made from the money allocated pursuant to section 1 of this act from the date on which the money was received by the nonprofit organization through June 30, 2020;

      2.  Prepare and transmit a final report to the Interim Finance Committee on or before October 1, 2021, that describes each expenditure made from the money allocated pursuant to section 1 of this act from the date on which the money was received by the nonprofit organization through June 30, 2021; and

      3.  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 nonprofit organization, 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 section 1 of this act.

      Sec. 3.  Any balance of the sums appropriated by section 1 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 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. 4.  This act becomes effective on July 1, 2019.

________

CHAPTER 554, SB 467

Senate Bill No. 467–Committee on Education

 

CHAPTER 554

 

[Approved: June 12, 2019]

 

AN ACT relating to education; extending the duration of the Zoom schools program; extending the duration of the Victory schools program; revising provisions relating to the Office of the Superintendent of Public Instruction; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      During the 77th Session of the Nevada Legislature, the Legislature appropriated money for the Clark County School District and the Washoe County School District to carry out a program of Zoom elementary schools during the 2013-2015 biennium to provide a comprehensive package of programs and services for children who are limited English proficient (now referred to as English learners) or eligible for such a designation. The other school districts and the State Public Charter School Authority were also authorized to apply for a grant of money from the appropriation to provide programs and services to children who were limited English proficient or eligible for such a designation. (Section 16.2 of chapter 515, Statutes of Nevada 2013, p. 3418)

 


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      The 78th Session of the Nevada Legislature continued and expanded the Zoom schools program to middle schools, junior high schools and high schools in the Clark County School District and the Washoe County School District for the 2015-2017 biennium through the enactment of Senate Bill No. 405. (Chapter 335, Statutes of Nevada 2015, p. 1869) S.B. 405 (2015) also provided certain additional requirements for the program. Section 1 of this bill mirrors the provisions of S.B. 390 (2017) and extends the Zoom schools program for the 2019-2021 biennium. Section 1 requires the elementary schools, middle schools, junior high schools and high schools that were identified to operate as Zoom schools for the 2017-2019 biennium to continue to operate as Zoom schools for the 2019-2021 biennium.

      During the 78th Session of the Nevada Legislature (2015), the Legislature passed the Victory Schools Act, which provided for the distribution of money during the 2015-2017 biennium to certain underperforming public schools designated as Victory schools. (Chapter 389, Statutes of Nevada 2015, p. 2197) During the 79th Session of the Nevada Legislature (2017), the Legislature continued the program in effect for the 2017-2019 biennium. (Chapter 344, Statutes of Nevada 2017, p. 2149) Section 2 of this bill continues the Victory Schools program for the 2019-2021 biennium.

      Section 3.5 of this bill makes an appropriation to the Interim Finance Committee for allocation to the Department of Education for the costs of desktop monitoring and school improvement computer software tools and related implementation costs for personnel, professional development and travel.

      Section 3.7 of this bill makes a salary adjustment to a new position within the Office of the Superintendent of Public Instruction.

 

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 elementary schools identified to operate as Zoom elementary schools by the Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District for the 2017-2019 biennium shall continue to operate as Zoom elementary schools for the 2019-2021 biennium.

      2.  Except as otherwise provided in subsection 3, the Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District shall distribute the money appropriated by the 2019 Legislature to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 for each Zoom elementary school of those school districts to:

      (a) Provide prekindergarten programs free of charge;

      (b) Operate reading skills centers;

      (c) Provide professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for children who are English learners;

      (d) Offer recruitment and retention incentives for the teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12;

      (e) Engage and involve parents and families of children who are English learners, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those children; and

 


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      (f) Provide, free of charge, a summer academy or an intersession academy for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy or provide for an extended school day.

      3.  A Zoom elementary school that receives money pursuant to subsection 2 shall offer each of the programs and services prescribed in paragraphs (a) and (b) of that subsection, and one of the programs prescribed in paragraph (f) of that subsection, so the Zoom elementary school may offer a comprehensive package of programs and services for pupils who are English learners. A Zoom elementary school:

      (a) Shall not use the money for any other purpose or use more than 5 percent of the money for the purposes described in paragraphs (c), (d) and (e) of subsection 2; and

      (b) May only use the money for the purposes described in paragraphs (c), (d) and (e) of subsection 2 if the board of trustees of the school district determines that such a use will not negatively impact the services provided to pupils enrolled in a Zoom elementary school.

      4.  A reading skills center operated by a Zoom elementary school must provide:

      (a) Support at the Zoom elementary school in the assessment of reading and literacy problems and language acquisition barriers for pupils;

      (b) Instructional intervention to enable pupils to overcome such problems and barriers by the completion of grade 3; and

      (c) Instructional intervention to enable pupils enrolled in grade 4 or 5 who were not able to overcome such problems and barriers by the completion of grade 3 to overcome them as soon as practicable.

      5.  The middle schools, junior high schools or high schools identified to operate as Zoom middle schools, junior high schools or high schools by the Board of Trustees of the Clark County School District and the Board of Trustees of the Washoe County School District for the 2017-2019 biennium shall continue to operate as Zoom middle schools, junior high schools and high schools, as applicable, for the 2019-2021 biennium.

      6.  The Clark County School District and the Washoe County School District shall distribute the money appropriated by the 2019 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for each Zoom middle school, junior high school and high school of those school districts to carry out one or more of the following:

      (a) Reduce class sizes for pupils who are English learners and provide English language literacy based classes;

      (b) Provide direct instructional intervention to each pupil who is an English learner using the data available from applicable assessments of that pupil;

      (c) Provide professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for pupils who are English learners;

      (d) Offer recruitment and retention incentives for teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12;

      (e) Engage and involve parents and families of pupils who are English learners, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those pupils;

 


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appropriate communication with and outreach to parents and families to support the academic achievement of those pupils;

      (f) Provide other evidence-based programs and services that are approved by the Department of Education and that are designed to meet the specific needs of pupils enrolled in the school who are English learners;

      (g) Provide, free of charge, a summer academy or an intersession academy for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy; and

      (h) Provide for an extended school day.

Ê The Clark County School District and the Washoe County School District shall not use more than 5 percent of the money for the purposes described in paragraphs (c), (d) and (e) and may only use the money for the purposes described in paragraphs (c), (d) and (e) if the board of trustees of the school district determines that such use will not negatively impact the services provided to pupils enrolled in a Zoom middle school, junior high school or high school.

      7.  On or before August 1, 2019, the Clark County School District and the Washoe County School District shall each provide a report to the Department of Education which includes:

      (a) The names of the elementary schools operating as Zoom schools pursuant to subsection 1 and the plan of each such school for carrying out the programs and services prescribed by paragraphs (a) to (f), inclusive, of subsection 2;

      (b) The names of the middle schools, junior high schools and high schools operating as Zoom schools pursuant to subsection 5 and the plan of each school for carrying out the programs and services described in paragraphs (a) to (h), inclusive, of subsection 6; and

      (c) Evidence of the progress of pupils at each Zoom school, as measured by common standards and assessments, including, without limitation, interim assessments identified by the State Board of Education, if the State Board has identified such assessments.

      8.  From the money appropriated by the 2019 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools or charter schools or school districts other than the Clark County School District or Washoe County School District, the Department of Education shall provide grants of money to the sponsors of such charter schools and the school districts. The sponsor of such a charter school and the board of trustees of such a school district may submit an application to the Department on a form prescribed by the Department that includes, without limitation:

      (a) The number of pupils in the school district or charter school, as applicable, who are English learners or eligible for designation as English learners; and

      (b) A description of the programs and services the school district or charter school, as applicable, will provide with a grant of money, which may include, without limitation:

             (1) The creation or expansion of high-quality, developmentally appropriate prekindergarten programs, free of charge, that will increase enrollment of children who are English learners;

             (2) The acquisition and implementation of empirically proven assessment tools to determine the reading level of pupils who are English learners and technology-based tools, such as software, designed to support the learning of pupils who are English learners;

 


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learners and technology-based tools, such as software, designed to support the learning of pupils who are English learners;

             (3) Professional development for teachers and other educational personnel regarding effective instructional practices and strategies for children who are English learners;

             (4) The provision of programs and services for pupils who are English learners, free of charge, before and after school, during the summer or intersession for those schools that do not operate on a traditional school calendar, including, without limitation, the provision of transportation to attend the summer academy or intersession academy;

             (5) Engaging and involving parents and families of children who are English learners, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those children;

             (6) Offering recruitment and retention incentives for the teachers and other licensed educational personnel who provide any of the programs and services set forth in this subsection from the list of incentives prescribed by the State Board of Education pursuant to subsection 12; and

             (7) Provide other evidence-based programs and services that are approved by the Department and that are designed to meet the specific needs of pupils enrolled in the school who are English learners.

      9.  The Department of Education shall award grants of money to school districts and the sponsors of charter schools that submit applications pursuant to subsection 8 based upon the number of pupils enrolled in each such school district or charter school, as applicable, who are English learners or eligible for designation as English learners, and not on a competitive basis.

      10.  A school district and a sponsor of a charter school that receives a grant of money pursuant to subsection 8:

      (a) Shall not use more than 5 percent of the money for the purposes described in subparagraphs (3), (5) and (6) of paragraph (b) of subsection 8 and may only use the money for the purposes described in subparagraphs (3), (5) and (6) of paragraph (b) of subsection 8 if the board of trustees of the school district or the governing body of the charter school, as applicable, determines that such a use would not negatively impact the services provided to pupils enrolled in the school.

      (b) Shall provide a report to the Department of Education in the form prescribed by the Department with the information required for the Department’s report pursuant to subsection 15.

      11.  On or before August 17, 2019, the Department of Education shall submit a report to the State Board of Education and the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee which includes:

      (a) The information reported by the Clark County School District and the Washoe County School District pursuant to subsection 7; and

      (b) The school districts and charter schools for which a grant of money is approved pursuant to subsection 9 and the plan of each such school district and charter school for carrying out programs and services with the grant money, including, without limitation, any programs and services described in subparagraphs (1) to (7), inclusive, of paragraph (b) of subsection 8.

      12.  The State Board of Education shall prescribe:

      (a) A list of recruitment and retention incentives for the school districts and the sponsors of charter schools that receive a distribution of money pursuant to this section to offer to teachers and other licensed educational personnel pursuant to paragraph (d) of subsection 2, paragraph (d) of subsection 6 and subparagraph (6) of paragraph (b) of subsection 8; and

 


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pursuant to this section to offer to teachers and other licensed educational personnel pursuant to paragraph (d) of subsection 2, paragraph (d) of subsection 6 and subparagraph (6) of paragraph (b) of subsection 8; and

      (b) Criteria and procedures to notify a school district or a charter school that receives money pursuant to this section if the school district or charter school is not implementing the programs and services for which the money was received in accordance with the applicable requirements of this section or in accordance with the performance levels prescribed by the State Board pursuant to subsection 13, including, without limitation, a plan of corrective action for the school district or charter school to follow to meet the requirements of this section or the performance levels.

      13.  The State Board of Education shall prescribe statewide performance levels and outcome indicators to measure the effectiveness of the programs and services for which money is received by the school districts and charter schools pursuant to this section. The performance levels must establish minimum expected levels of performance on a yearly basis based upon the performance results of children who participate in the programs and services. The outcome indicators must be designed to track short-term and long-term impacts on the progress of children who participate in the programs and services, including, without limitation:

      (a) The number of children who participated;

      (b) The extent to which the children who participated improved their English language proficiency and literacy levels compared to other children who are English learners or eligible for such a designation who did not participate in the programs and services; and

      (c) To the extent that a valid comparison may be established, a comparison of the academic achievement and growth in the subject areas of English language arts and mathematics of children who participated in the programs and services to other children who are English learners or eligible for such a designation who did not participate in the programs and services.

      14.  The Department of Education shall contract for an independent evaluation of the effectiveness of the programs and services offered by each Zoom elementary school pursuant to subsection 2, each Zoom middle school, junior high school and high school pursuant to subsection 6 and the programs and services offered by the other school districts and the charter schools pursuant to subsection 8.

      15.  The Clark County School District, the Washoe County School District and the Department of Education shall each prepare an annual report that includes, without limitation:

      (a) An identification of the schools that received money from the School District or a grant of money from the Department, as applicable.

      (b) How much money each such school received.

      (c) A description of the programs or services for which the money was used by each such school.

      (d) The number of children who participated in a program or received services.

      (e) The average per-child expenditure per program or service that was funded.

      (f) For the report prepared by the School Districts, an evaluation of the effectiveness of such programs and services, including, without limitation, data regarding the academic and linguistic achievement and proficiency of children who participated in the programs or received services.

 


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      (g) Any recommendations for legislation, including, without limitation:

             (1) For the continuation or expansion of programs and services that are identified as effective in improving the academic and linguistic achievement and proficiency of children who are English learners.

             (2) A plan for transitioning the funding for providing the programs and services set forth in this section to pupils who are English learners from categorical funding to a weighted per pupil formula within the Nevada Plan.

      (h) For the report prepared by the Department, in addition to the information reported for paragraphs (a) to (e), inclusive, and paragraph (g):

             (1) The results of the independent evaluation required by subsection 14 of the effectiveness of the programs and services, including, without limitation, data regarding the academic and linguistic achievement and proficiency of children who participated in a program or received a service;

             (2) Whether a school district or charter school was notified that it was not implementing the programs and services for which it received money pursuant to this section in accordance with the applicable requirements of this section or in accordance with the performance levels prescribed by the State Board of Education pursuant to subsection 13 and the status of such a school district or charter school, if any, in complying with a plan for corrective action; and

             (3) Whether each school district or charter school that received money pursuant to this section met the performance levels prescribed by the State Board of Education pursuant to subsection 13.

      16.  The annual report prepared by the Clark County School District and the Washoe County School District pursuant to subsection 15 must be submitted to the Department of Education on or before June 1, 2020, and January 16, 2021, respectively. The Department shall submit the information reported by those school districts and the information prepared by the Department pursuant to subsection 15:

      (a) On or before June 15, 2020, to the State Board of Education and the Legislative Committee on Education.

      (b) On or before February 1, 2021, to the State Board of Education and the Director of the Legislative Counsel Bureau for transmittal to the 81st Session of the Nevada Legislature.

      17.  The Department of Education may require a Zoom school or other public school that receives money pursuant to this section to provide a report to the Department on:

      (a) The number of vacancies, if any, in full-time licensed educational personnel at the school;

      (b) The number of probationary employees, if any, employed at the school;

      (c) The number, if any, of persons who are employed at the school as substitute teachers for 20 consecutive days or more in the same classroom or assignment and designated as long-term substitute teachers; and

      (d) Any other information relating to the personnel at the school as requested by the Department.

      18.  The money appropriated by the 2019 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools must be accounted for separately from any other money received by school districts or charter schools of this State and used only for the purposes specified in this section.

 


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      19.  Except as otherwise provided in paragraph (d) of subsection 2, paragraph (d) of subsection 6 and subparagraph (6) of paragraph (b) of subsection 8, the money appropriated by the 2019 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools:

      (a) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

      (b) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      20.  Upon request of the Legislative Commission, the Clark County School District and the Washoe County School District shall make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money distributed by the 2019 Legislature to the Account for Programs for Innovation and the Prevention of Remediation for Zoom schools.

      21.  As used in this section:

      (a) “English learner” has the meaning ascribed to it in 20 U.S.C. § 7801(20).

      (b) “Probationary employee” has the meaning ascribed to it in NRS 391.650.

      Sec. 2.  1.  The Department of Education shall, in consultation with the board of trustees of a school district, designate a public school as a Victory school if, relative to other public schools, including charter schools, that are located in the school district in which the school is also located:

      (a) A high percentage of pupils enrolled in the school live in households that have household incomes that are less than the federally designated level signifying poverty, based on the most recent data compiled by the Bureau of the Census of the United States Department of Commerce; and

      (b) The school received one of the two lowest possible ratings indicating underperformance of a public school, as determined by the Department pursuant to the statewide system of accountability for public schools, for the immediately preceding school year.

Ê The designation of a public school as a Victory school pursuant to this subsection must be made in consultation with the board of trustees of the school district in which the prospective Victory school is located.

      2.  The Department shall designate each Victory school for the 2019-2020 Fiscal Year on or before June 1, 2019.

      3.  The Department shall transfer money from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 387.1247 to each school district in which a Victory school is designated and each sponsor of a charter school that is designated as a Victory school on a per pupil basis. The amount distributed per pupil must be determined by dividing the amount of money appropriated to the Account by the 2019 Legislature for Victory schools by the total number of pupils who are enrolled in Victory schools statewide. After receiving money from the Account pursuant to this subsection:

      (a) A school district shall distribute the money to each Victory school in the school district on a per pupil basis.

 


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      (b) A sponsor of a charter school shall distribute the money to each Victory school that it sponsors on a per pupil basis.

      4.  The board of trustees of each school district in which a Victory school is located and the governing body of each charter school that is designated as a Victory school shall, as soon as practicable after the school is designated as a Victory school, conduct an assessment of the needs of pupils that attend the school. The assessment must include soliciting input from the community served by the Victory school and identify any barriers to improving pupil achievement and school performance and strategies to meet the needs of pupils at the school.

      5.  Except as otherwise provided in subsection 7, on or before August 15, 2019, the board of trustees of each school district in which a Victory school is designated for the 2019-2020 Fiscal Year and the governing body of each charter school that is designated as a Victory school for the 2019-2020 Fiscal Year shall submit to the Department a comprehensive plan for meeting the educational needs of pupils enrolled in each Victory school. The board of trustees of each school district in which a Victory school is designated and the governing body of each charter school that is designated as a Victory school shall select at least one person who is familiar with the public schools in the school district or with the charter school, respectively, to assist with the development of the plan. The plan must:

      (a) Include appropriate means to determine the effectiveness of the plan;

      (b) Be based on the assessment of the needs of the pupils who attend the school conducted pursuant to subsection 4;

      (c) Analyze available data concerning pupil achievement and school performance, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and other pupil achievement data collected and maintained by the school district or charter school;

      (d) Include a description of the criteria used to select entities to provide programs and services to pupils enrolled in the Victory school;

      (e) Include a description of the manner in which the school district or governing body will collaborate with selected entities so that academic programs and services and nonacademic programs and services, including, without limitation, transportation services, may be offered without charge to support pupils and their families within the region in which the school is located;

      (f) Take into account the number and types of pupils who attend the school and the locations where such pupils reside;

      (g) Provide for the coordination of the existing or planned engagement of other persons who provide services in the region in which the school is located;

      (h) Coordinate all funding available to each school that is subject to the plan;

      (i) Provide for the coordination of all available resources to each school that is subject to the plan, including, without limitation, instructional materials and textbooks;

      (j) Identify, for each school or group of schools subject to the plan, which of the measures described in subsection 8 will be implemented; and

      (k) Identify the person or persons selected pursuant to this subsection who assisted with the development of the plan.

 


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      6.  The Department shall review each plan submitted pursuant to subsection 5 to determine whether, or the extent to which, the plan complies with the requirements of this section and either approve or request revisions to the plan.

      7.  If the board of trustees of a school district in which a Victory school is designated or the governing body of a charter school that is designated as a Victory school does not submit a comprehensive plan for meeting the educational needs of pupils enrolled in each Victory school on or before August 15, 2019, as required pursuant to subsection 5, the board of trustees of the school district or the governing body of the charter school, as applicable, may submit to the Department a letter of intent to meet the educational needs of pupils enrolled in each Victory school. The letter must include, without limitation:

      (a) An initial assessment of the needs of the pupils who attend the school which is conducted pursuant to subsection 4;

      (b) An analysis of available data concerning pupil achievement and school performance, including, without limitation, data collected and maintained in the statewide system of accountability for public schools and data collected and maintained by the school district or charter school; and

      (c) A summary of activities that the board of trustees or governing body, as applicable, will take to ensure completion of the comprehensive plan required pursuant to subsection 5 by not later than September 15, 2019.

      8.  A Victory school shall use the majority of the money distributed pursuant to subsection 3 to provide one or more of the following:

      (a) A prekindergarten program free of charge, if such a program is not paid for by another grant.

      (b) A summer academy or other instruction for pupils free of charge at times during the year when school is not in session.

      (c) Additional instruction or other learning opportunities free of charge at times of day when school is not in session.

      (d) Professional development for teachers and other educational personnel concerning instructional practices and strategies that have proven to be an effective means to increase pupil achievement in populations of pupils similar to those served by the school.

      (e) Incentives for hiring and retaining teachers and other licensed educational personnel who provide any of the programs or services set forth in this subsection from the list prescribed by the State Board of Education pursuant to subsection 14.

      (f) Employment of paraprofessionals, other educational personnel and other persons who provide any of the programs or services set forth in this subsection.

      (g) Reading skills centers.

      (h) Integrated student supports, wrap-around services and evidence-based programs designed to meet the needs of pupils who attend the school, as determined using the assessment conducted pursuant to subsection 4.

      9.  A Victory school may use any money distributed pursuant to subsection 3 that is not used for the purposes described in subsection 8 to:

      (a) Provide evidence-based social, psychological or health care services to pupils and their families;

      (b) Provide programs and services designed to engage parents and families;

 


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      (c) Provide programs to improve school climate and culture;

      (d) If the Victory school is a high school, provide additional instruction or other learning opportunities for pupils and professional development for teachers at an elementary school, middle school or junior high school that is located within the zone of attendance of the high school and is not also designated as a Victory school; or

      (e) Any combination thereof.

      10.  A Victory school shall not use any money distributed pursuant to subsection 3 for a purpose not described in subsection 8 or 9.

      11.  Any programs offered at a Victory school pursuant to subsection 8 or 9 must:

      (a) Except as otherwise provided in paragraph (d) of subsection 9, be designed to meet the needs of pupils at the school, as determined using the assessment conducted pursuant to subsection 4 and to improve pupil achievement and school performance, as determined using the measures prescribed by the State Board of Education; and

      (b) Be based on scientific research concerning effective practices to increase the achievement of pupils who live in poverty.

      12.  Each plan to improve the achievement of pupils enrolled in a Victory school that is prepared by the principal of the school pursuant to NRS 385A.650 must describe how the school will use the money distributed pursuant to subsection 3 to meet the needs of pupils who attend the school, as determined using the assessment described in subsection 4 and the requirements of this section.

      13.  The Department shall contract with an independent evaluator to evaluate the effectiveness of programs and services provided pursuant to this section. The evaluation must include, without limitation, consideration of the achievement of pupils who have participated in such programs and received such services. When complete, the evaluation must be provided contemporaneously to the Department and the Legislative Committee on Education.

      14.  The State Board of Education shall prescribe a list of recruitment and retention incentives that are available to the school districts and sponsors of charter schools that receive a distribution of money pursuant to this section to offer to teachers and other licensed educational personnel.

      15.  The State Board shall require a Victory school to take corrective action if pupil achievement and school performance at the school are unsatisfactory, as determined by the State Board. If unsatisfactory pupil achievement and school performance continue, the State Board may direct the Department to withhold any additional money that would otherwise be distributed pursuant to this section.

      16.  On or before November 30, 2020, and November 30, 2021, the board of trustees of each school district in which a Victory school is designated and the governing body of each charter school that is designated as a Victory school shall submit to the Department and to the Legislative Committee on Education a report, which must include, without limitation:

      (a) An identification of schools to which money was distributed pursuant to subsection 3 for the previous fiscal year;

      (b) The amount of money distributed to each such school;

 


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      (c) A description of the programs or services for which the money was used;

      (d) The number of pupils who participated in such programs or received such services;

      (e) The average expenditure per pupil for each program or service that was funded; and

      (f) Recommendations concerning the manner in which the average expenditure per pupil reported pursuant to paragraph (e) may be used to determine formulas for allocating money from the State Distributive School Account in the State General Fund.

      17.  The Legislative Committee on Education shall consider the evaluations of the independent evaluator received pursuant to subsection 13 and the reports received pursuant to subsection 16 and advise the State Board regarding any action the Committee determines appropriate for the State Board to take based upon that information. The Committee shall also make any recommendations it deems appropriate concerning Victory schools to the next regular session of the Legislature which may include, without limitation, recommendations for legislation.

      18.  The money distributed pursuant to subsection 3:

      (a) Must be accounted for separately from any other money received by Victory schools and used only for the purposes specified in this section;

      (b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district or the governing body of a charter school and the school district or governing body or to settle any negotiations; and

      (c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      19.  Upon request of the Legislative Commission, a Victory school to which money is distributed pursuant to subsection 3 shall make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of such money.

      20.  As used in this section:

      (a) “Community” includes any person or governmental entity who resides or has a significant presence in the geographic area in which a school is located or who interacts with pupils and personnel at a school, and may include, without limitation, parents, businesses, nonprofit organizations, faith-based organizations, community groups, teachers, administrators and governmental entities.

      (b) “Integrated student supports” means supports developed, secured or coordinated by a school to promote the academic success of pupils enrolled in the school by targeting academic and nonacademic barriers to pupil achievement.

      (c) “Victory school” means a school that is so designated by the Department pursuant to subsection 1.

      (d) “Wrap-around services” means supplemental services provided to a pupil with special needs or the family of such a pupil that are not otherwise covered by any federal or state program of assistance.

      Sec. 3. (Deleted by amendment.)

 


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      Sec. 3.5.  1.  There is hereby appropriated from the State General Fund to the Interim Finance Committee for allocation to the Department of Education the sum of $900,000 for the costs of desktop monitoring and school improvement computer software tools and related implementation costs for personnel, professional development and travel.

      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. 3.7.  The salary provided for the new position of Chief Strategy Officer in the Office of the Superintendent of Public Instruction in the Department of Education is hereby adjusted from $95,931 to $101,847.

      Sec. 4.  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. 5.  1.  This act becomes effective upon passage and approval.

      2.  Sections 1, 2 and 4 of this act expire by limitation on June 30, 2021.

________

CHAPTER 555, SB 540

Senate Bill No. 540–Committee on Finance

 

CHAPTER 555

 

[Approved: June 12, 2019]

 

AN ACT relating to persons in need of protection; revising provisions governing the Repository for Information Concerning Crimes Against Older Persons; revising and repealing provisions relating to the abuse, neglect, exploitation, isolation or abandonment of a vulnerable person; revising provisions relating to the Unit for Investigation and Prosecution of Crimes Against Older Persons of the Office of the Attorney General; revising provisions relating to powers of attorney; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines a “vulnerable person” as a person who is 18 years of age or older and who: (1) suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or (2) has one or more physical or mental limitations that restrict his or her ability to perform daily activities. (NRS 200.5092)

      Existing law also defines “protective services” as services that prevent or remedy abuse, neglect, exploitation, isolation and abandonment of older persons. Existing law defines an “older person” as a person who is 60 years of age or older. (NRS 200.5092) Section 5 expands the definition of “protective services” to include services that prevent and remedy abuse, neglect, exploitation, isolation and abandonment of vulnerable persons.

 


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      Existing law requires the Aging and Disability Services Division of the Department of Health and Human Services to: (1) identify and record demographic information concerning older persons who have allegedly been abused, neglected, exploited, isolated or abandoned and those persons who are allegedly responsible for such abuse, neglect, exploitation, isolation or abandonment; (2) obtain information from programs for preventing abuse of older persons and analyze and compare such programs; and (3) publicize provisions of law concerning abuse, neglect, exploitation, isolation or abandonment of older persons. (NRS 200.5098) Section 9 of this bill expands the duties of the Division to include vulnerable persons in such duties. Sections 10-12 of this bill make conforming changes.

      Existing law requires certain persons in their professional or occupational capacity, who know or have reasonable cause to believe that an older person has been abused, neglected, exploited, isolated or abandoned to report such abuse, neglect, exploitation, isolation or abandonment within 24 hours to: (1) a local office of the Aging and Disability Services Division of the Department of Health and Human Services; (2) a police department or sheriff’s office; or (3) a toll-free telephone service designated by the Division. (NRS 200.5093) Existing law also requires certain persons in their professional or occupational capacity, who know or have reasonable cause to believe that a vulnerable person has been abused, neglected, exploited, isolated or abandoned to report such abuse, neglect, exploitation, isolation or abandonment within 24 hours to a law enforcement agency. (NRS 200.50935) Section 6 of this bill expands those agencies to which a person in his or her professional or occupational capacity can make a report concerning abuse, neglect, exploitation, isolation or abandonment of a vulnerable person to include the local office of the Aging and Disability Services Division or the toll-free telephone service of the Division, meaning that the same process is used for reporting instances of abuse, neglect, exploitation, isolation or abandonment of both older persons and vulnerable persons. Section 33 repeals the existing process for making such a report concerning a vulnerable person. Sections 2, 3, 7, 8 and 25-31 of this bill make conforming changes.

      Existing law provides that reports concerning abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person are confidential. Existing law authorizes certain persons to have access to certain information and data contained in such a report. (NRS 200.5095) Section 8 of this bill also authorizes such a report to be made available to the State Guardianship Compliance Office or an attorney who represents an older person or vulnerable person in a guardianship proceeding. If such an attorney receives information from such a report, section 10 of this bill requires the attorney to disclose the information concerning abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the court in a guardianship proceeding within 20 days after the attorney’s receipt of such information.

      Existing law authorizes the Unit for the Investigation and Prosecution of Crimes Against Older Persons of the Office of the Attorney General to investigate and prosecute alleged abuse, neglect, exploitation, isolation or abandonment of an older person under certain circumstances. (NRS 228.270) Section 17 of this bill changes the name of the Unit to the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons. Section 18 of this bill authorizes the Unit to investigate and prosecute the alleged abuse, neglect, exploitation, isolation or abandonment of a vulnerable person under certain circumstances.

      Existing law provides that the Unit for the Investigation and Prosecution of Crimes Against Older Persons may also bring an action to enjoin or obtain any other equitable relief to prevent the abuse, neglect, exploitation, isolation or abandonment of an older person. Existing law also authorizes the Attorney General to seek a civil penalty against such a person responsible for the abuse, neglect, exploitation, isolation or abandonment of the older person. (NRS 228.275, 228.280) Section 19 of this bill authorizes the Unit to bring such an action to enjoin or obtain equitable relief to prevent such abuse, neglect, exploitation, isolation or abandonment of a vulnerable person. Section 20 of this bill authorizes the Attorney General to seek a civil penalty against such a person responsible for the abuse, neglect, exploitation, isolation or abandonment of the vulnerable person.

 


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against such a person responsible for the abuse, neglect, exploitation, isolation or abandonment of the vulnerable person. Sections 16 and 21-23 of this bill make conforming changes.

      Existing law requires the Repository for Information Concerning Crimes Against Older Persons to contain records of all reports of abuse, neglect, exploitation, isolation or abandonment of older persons in this State. (NRS 179A.450) Section 1 of this bill changes the name of the Repository to the Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons and additionally requires the Repository to contain records concerning abuse, neglect, exploitation, isolation or abandonment of vulnerable persons in this State.

      Section 4 of this bill requires the sheriff of each county to designate an employee of the sheriff’s department as a point of contact to the Aging and Disability Services Division of the Department of Health and Human Services.

      Sections 13 and 24 of this bill make conforming changes to add vulnerable persons.

      Senate Bill No. 223 of the 2019 Legislative Session provides that an agent under a power of attorney may consent to the placement of the principal in an assisted living facility, a facility for skilled nursing or a secured residential long-term care facility only if the power of attorney expressly grants the agent that authority. (Section 2 of Senate Bill No. 223 of this session) Senate Bill No. 223 also revises the form for a general power of attorney to allow a principal to indicate whether the principal authorizes the agent to consent to placement of the principal in an assisted living facility, a facility for skilled nursing or a secured residential long-term care facility. (Section 3 of Senate Bill No. 223 of this session) Sections 32 and 34 of this bill remove those provisions added by Senate Bill No. 223 without revising existing law concerning general powers of attorney. Instead, sections 3.5 and 32 of this bill revise the forms for a general power of attorney and a durable power of attorney for health care to allow a principal to communicate his or her wishes concerning living arrangements.

 

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 179A.450 is hereby amended to read as follows:

      179A.450  1.  The Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons is hereby created within the Central Repository.

      2.  The Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons must contain a complete and systematic record of all reports of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons in this State. The record must be prepared in a manner approved by the Director of the Department and must include, without limitation, the following information:

      (a) All incidents that are reported to state and local law enforcement agencies and the Aging and Disability Services Division of the Department of Health and Human Services.

      (b) All cases that were investigated and the type of such cases.

      3.  On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on the abuse, neglect, exploitation, isolation or abandonment of older persons [.] or vulnerable persons.

 


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      4.  The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim or a person accused of the abuse, neglect, exploitation, isolation or abandonment of older persons [.] or vulnerable persons.

      5.  As used in this section:

      (a) “Abandonment” has the meaning ascribed to it in NRS 200.5092.

      (b) “Abuse” has the meaning ascribed to it in NRS 200.5092.

      (c) “Exploitation” has the meaning ascribed to it in NRS 200.5092.

      (d) “Isolation” has the meaning ascribed to it in NRS 200.5092.

      (e) “Neglect” has the meaning ascribed to it in NRS 200.5092.

      (f) “Older person” means a person who is 60 years of age or older.

      (g) “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.

      Sec. 2. NRS 49.2549 is hereby amended to read as follows:

      49.2549  There is no privilege pursuant to NRS 49.2547 if:

      1.  The purpose of the victim in seeking services from a victim’s advocate is to enable or aid any person to commit or plan to commit what the victim knows or reasonably should have known is a crime or fraud;

      2.  The communication concerns a report of abuse or neglect of a child, older person or vulnerable person in violation of NRS 200.508 [,] or 200.5093 , [or 200.50935,] but only as to that portion of the communication;

      3.  The communication is relevant to an issue of breach of duty by the victim’s advocate to the victim or by the victim to the victim’s advocate; or

      4.  Disclosure of the communication is otherwise required by law.

      Sec. 3. NRS 90.6145 is hereby amended to read as follows:

      90.6145  1.  Each broker-dealer and investment adviser shall designate a person or persons to whom a sales representative, representative of the investment adviser or officer or employee of the broker-dealer or investment adviser must report known or suspected exploitation of an older person or vulnerable person.

      2.  If a sales representative, representative of an investment adviser or officer or employee of the broker-dealer or investment adviser reports known or suspected exploitation of an older person or vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person or vulnerable person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected exploitation occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of an older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the agency alleged to have committed the act or omission.

 


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agency, the designated reporter shall make the report to an agency other than the agency alleged to have committed the act or omission.

      4.  [If a sales representative, representative of an investment adviser or officer or employee of a broker-dealer or investment adviser reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of a vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the agency alleged to have committed the act or omission.

      6.]  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any fact or information that forms the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      [7.] 5.  A sales representative, representative of an investment adviser or officer or employee of a broker-dealer or investment adviser and a designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report pursuant to this section in good faith.

      Sec. 3.5. NRS 162A.860 is hereby amended to read as follows:

      162A.860  Except as otherwise provided in NRS 162A.865, the form of a power of attorney for health care may be substantially in the following form, and must be witnessed or executed in the same manner as the following form:

 

DURABLE POWER OF ATTORNEY

FOR HEALTH CARE DECISIONS

 

WARNING TO PERSON EXECUTING THIS DOCUMENT

 

       THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR HEALTH CARE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

       1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU. THIS POWER IS SUBJECT TO ANY LIMITATIONS OR STATEMENT OF YOUR DESIRES THAT YOU INCLUDE IN THIS DOCUMENT. THE POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION.

 


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POWER TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE CONSENT, REFUSAL OF CONSENT OR WITHDRAWAL OF CONSENT TO ANY CARE, TREATMENT, SERVICE OR PROCEDURE TO MAINTAIN, DIAGNOSE OR TREAT A PHYSICAL OR MENTAL CONDITION. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF TREATMENT OR PLACEMENTS THAT YOU DO NOT DESIRE.

       2.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

       3.  EXCEPT AS YOU OTHERWISE SPECIFY IN THIS DOCUMENT, THE POWER OF THE PERSON YOU DESIGNATE TO MAKE HEALTH CARE DECISIONS FOR YOU MAY INCLUDE THE POWER TO CONSENT TO YOUR DOCTOR NOT GIVING TREATMENT OR STOPPING TREATMENT WHICH WOULD KEEP YOU ALIVE.

       4.  UNLESS YOU SPECIFY A SHORTER PERIOD IN THIS DOCUMENT, THIS POWER WILL EXIST INDEFINITELY FROM THE DATE YOU EXECUTE THIS DOCUMENT AND, IF YOU ARE UNABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF, THIS POWER WILL CONTINUE TO EXIST UNTIL THE TIME WHEN YOU BECOME ABLE TO MAKE HEALTH CARE DECISIONS FOR YOURSELF.

       5.  NOTWITHSTANDING THIS DOCUMENT, YOU HAVE THE RIGHT TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOURSELF SO LONG AS YOU CAN GIVE INFORMED CONSENT WITH RESPECT TO THE PARTICULAR DECISION. IN ADDITION, NO TREATMENT MAY BE GIVEN TO YOU OVER YOUR OBJECTION, AND HEALTH CARE NECESSARY TO KEEP YOU ALIVE MAY NOT BE STOPPED IF YOU OBJECT.

       6.  YOU HAVE THE RIGHT TO DECIDE WHERE YOU LIVE, EVEN AS YOU AGE. DECISIONS ABOUT WHERE YOU LIVE ARE PERSONAL. SOME PEOPLE LIVE AT HOME WITH SUPPORT, WHILE OTHERS MOVE TO ASSISTED LIVING FACILITIES OR FACILITIES FOR SKILLED NURSING. IN SOME CASES, PEOPLE ARE MOVED TO FACILITIES WITH LOCKED DOORS TO PREVENT PEOPLE WITH COGNITIVE DISORDERS FROM LEAVING OR GETTING LOST OR TO PROVIDE ASSISTANCE TO PEOPLE WHO REQUIRE A HIGHER LEVEL OF CARE. YOU SHOULD DISCUSS WITH THE PERSON DESIGNATED IN THIS DOCUMENT YOUR DESIRES ABOUT WHERE YOU LIVE AS YOU AGE OR IF YOUR HEALTH DECLINES. YOU HAVE THE RIGHT TO DETERMINE WHETHER TO AUTHORIZE THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE DECISIONS FOR YOU ABOUT WHERE YOU LIVE WHEN YOU ARE NO LONGER CAPABLE OF MAKING THAT DECISION. IF YOU DO NOT PROVIDE SUCH AUTHORIZATION TO THE PERSON DESIGNATED IN THIS DOCUMENT, THAT PERSON MAY NOT BE ABLE TO ASSIST YOU TO MOVE TO A MORE SUPPORTIVE LIVING ARRANGEMENT WITHOUT OBTAINING APPROVAL THROUGH A JUDICIAL PROCESS.

 


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DO NOT PROVIDE SUCH AUTHORIZATION TO THE PERSON DESIGNATED IN THIS DOCUMENT, THAT PERSON MAY NOT BE ABLE TO ASSIST YOU TO MOVE TO A MORE SUPPORTIVE LIVING ARRANGEMENT WITHOUT OBTAINING APPROVAL THROUGH A JUDICIAL PROCESS.

       7.  YOU HAVE THE RIGHT TO REVOKE THE APPOINTMENT OF THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THAT PERSON OF THE REVOCATION ORALLY OR IN WRITING.

       [7.]8.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU BY NOTIFYING THE TREATING PHYSICIAN, HOSPITAL OR OTHER PROVIDER OF HEALTH CARE ORALLY OR IN WRITING.

       [8.]9.  THE PERSON DESIGNATED IN THIS DOCUMENT TO MAKE HEALTH CARE DECISIONS FOR YOU HAS THE RIGHT TO EXAMINE YOUR MEDICAL RECORDS AND TO CONSENT TO THEIR DISCLOSURE UNLESS YOU LIMIT THIS RIGHT IN THIS DOCUMENT.

       [9.]10.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       [10.]11.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 

       1.  DESIGNATION OF HEALTH CARE AGENT.

       I, .................................................................................................................

(insert your name) do hereby designate and appoint:

 

Name: ..................................................................................................

Address: ............................................................................................

Telephone Number: ..........................................................................

 

as my agent to make health care decisions for me as authorized in this document.

       (Insert the name and address of the person you wish to designate as your agent to make health care decisions for you. Unless the person is also your spouse, legal guardian or the person most closely related to you by blood, none of the following may be designated as your agent: (1) your treating provider of health care; (2) an employee of your treating provider of health care; (3) an operator of a health care facility; or (4) an employee of an operator of a health care facility.)

       2.  CREATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE.

       By this document I intend to create a durable power of attorney by appointing the person designated above to make health care decisions for me. This power of attorney shall not be affected by my subsequent incapacity.

 


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       3.  GENERAL STATEMENT OF AUTHORITY GRANTED.

       In the event that I am incapable of giving informed consent with respect to health care decisions, I hereby grant to the agent named above full power and authority: to make health care decisions for me before or after my death, including consent, refusal of consent or withdrawal of consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition; to request, review and receive any information, verbal or written, regarding my physical or mental health, including, without limitation, medical and hospital records; to execute on my behalf any releases or other documents that may be required to obtain medical care and/or medical and hospital records, EXCEPT any power to enter into any arbitration agreements or execute any arbitration clauses in connection with admission to any health care facility including any skilled nursing facility; and subject only to the limitations and special provisions, if any, set forth in paragraph 4 or 6.

       4.  SPECIAL PROVISIONS AND LIMITATIONS.

       (Your agent is not permitted to consent to any of the following: commitment to or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization or abortion. If there are any other types of treatment or placement that you do not want your agent’s authority to give consent for or other restrictions you wish to place on his or her agent’s authority, you should list them in the space below. If you do not write any limitations, your agent will have the broad powers to make health care decisions on your behalf which are set forth in paragraph 3, except to the extent that there are limits provided by law.)

       In exercising the authority under this durable power of attorney for health care, the authority of my agent is subject to the following special provisions and limitations:

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

 

       5.  DURATION.

       I understand that this power of attorney will exist indefinitely from the date I execute this document unless I establish a shorter time. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent will continue to exist until the time when I become able to make health care decisions for myself.

 

(IF APPLICABLE)

I wish to have this power of attorney end on the following date:      

 

       6.  STATEMENT OF DESIRES [.] CONCERNING TREATMENT.

       (With respect to decisions to withhold or withdraw life-sustaining treatment, your agent must make health care decisions that are consistent with your known desires. You can, but are not required to, indicate your desires below.

 


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indicate your desires below. If your desires are unknown, your agent has the duty to act in your best interests; and, under some circumstances, a judicial proceeding may be necessary so that a court can determine the health care decision that is in your best interests. If you wish to indicate your desires, you may INITIAL the statement or statements that reflect your desires and/or write your own statements in the space below.)

 

(If the statement

reflects your desires,

initial the box next to

the statement.)

 

       [1.]A.  I desire that my life be prolonged to the greatest extent possible, without regard to my condition, the chances I have for recovery or long-term survival, or the cost of the procedures.    [     ]

       [2.]B.  If I am in a coma which my doctors have reasonably concluded is irreversible, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449A.400 to 449A.481, inclusive, if this subparagraph is initialed.)............................. [  ]

       [3.]C.  If I have an incurable or terminal condition or illness and no reasonable hope of long-term recovery or survival, I desire that life-sustaining or prolonging treatments not be used. (Also should utilize provisions of NRS 449A.400 to 449A.481, inclusive, if this subparagraph is initialed.)    [     ]

       [4.]D.  Withholding or withdrawal of artificial nutrition and hydration may result in death by starvation or dehydration. I want to receive or continue receiving artificial nutrition and hydration by way of the gastrointestinal tract after all other treatment is withheld.... [  ]

       [5.]E.  I do not desire treatment to be provided and/or continued if the burdens of the treatment outweigh the expected benefits. My agent is to consider the relief of suffering, the preservation or restoration of functioning, and the quality as well as the extent of the possible extension of my life.   [     ]

 

       (If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

 


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       Other or Additional Statements of Desires:..........................................

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

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

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

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

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

 

       7.  STATEMENT OF DESIRES CONCERNING LIVING ARRANGEMENTS

       A.  I desire to live in my home as long as it is safe and my medical needs can be met. My agent may arrange for a natural person, employee of an agency or provider of community-based services to come into my home to provide care for me. When it is no longer safe for me to live in my home, I authorize my agent to place me in a facility or home that can provide any medical assistance and support in my activities of daily living that I require. Before being placed in such a facility or home, I wish for my agent to discuss and share information concerning the placement with me. [     ]

       B.  I desire to live in my home for as long as possible without regard for my medical needs, personal safety or ability to engage in activities of daily living. My agent may arrange for a natural person, an employee of an agency or a provider of community-based services to come into my home and provide care for me. I understand that, before I may be placed in a facility or home other than the home in which I currently reside, a guardian must be appointed for me.   [     ]

 

       (If you wish to change your answer, you may do so by drawing an “X” through the answer you do not want, and circling the answer you prefer.)

       Other or Additional Statements of Desires:........................................

                                                                                                                            

                                                                                                                            

                                                                                                                            

                                                                                                                            

 

       8.  DESIGNATION OF ALTERNATE AGENT.

       (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same health care decisions as the agent designated in paragraph 1, page 2, in the event that he or she is unable or unwilling to act as your agent.

 


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page 2, in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

       If the person designated in paragraph 1 as my agent is unable to make health care decisions for me, then I designate the following persons to serve as my agent to make health care decisions for me as authorized in this document, such persons to serve in the order listed below:

 

       A.  First Alternative Agent

Name: ......................................................................................

Address: .................................................................................

Telephone Number: ..............................................................

 

       B.  Second Alternative Agent

Name: ......................................................................................

Address: .................................................................................

Telephone Number: ..............................................................

 

       [8.]9.  PRIOR DESIGNATIONS REVOKED.

       I revoke any prior durable power of attorney for health care.

       [9.]10.  WAIVER OF CONFLICT OF INTEREST.

       If my designated agent is my spouse or is one of my children, then I waive any conflict of interest in carrying out the provisions of this Durable Power of Attorney for Health Care that said spouse or child may have by reason of the fact that he or she may be a beneficiary of my estate.

       [10.]11.  CHALLENGES.

       If the legality of any provision of this Durable Power of Attorney for Health Care is questioned by my physician, my agent or a third party, then my agent is authorized to commence an action for declaratory judgment as to the legality of the provision in question. The cost of any such action is to be paid from my estate. This Durable Power of Attorney for Health Care must be construed and interpreted in accordance with the laws of the State of Nevada.

       [11.]12.  NOMINATION OF GUARDIAN.

       If, after execution of this Durable Power of Attorney for Health Care, proceedings seeking an adjudication of incapacity are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

       [12.]13.  RELEASE OF INFORMATION.

       I agree to, authorize and allow full release of information by any government agency, medical provider, business, creditor or third party who may have information pertaining to my health care, to my agent named herein, pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and applicable regulations.

 


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(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY)

 

      I sign my name to this Durable Power of Attorney for Health Care on .............. (date) at .............................. (city), ......................... (state)

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

                                                                                      (Signature)

 

       (THIS POWER OF ATTORNEY WILL NOT BE VALID FOR MAKING HEALTH CARE DECISIONS UNLESS IT IS EITHER (1) SIGNED BY AT LEAST TWO QUALIFIED WITNESSES WHO ARE PERSONALLY KNOWN TO YOU AND WHO ARE PRESENT WHEN YOU SIGN OR ACKNOWLEDGE YOUR SIGNATURE OR (2) ACKNOWLEDGED BEFORE A NOTARY PUBLIC.)

 

CERTIFICATE OF ACKNOWLEDGMENT

OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                       }

                                                   }ss.

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

 

       On this................ day of................, in the year..., before me,................................ (here insert name of notary public) personally appeared................................ (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.

 

NOTARY SEAL                                       .........................................................

                                                                       (Signature of Notary Public)

 

STATEMENT OF WITNESSES

 

(You should carefully read and follow this witnessing procedure. This document will not be valid unless you comply with the witnessing procedure. If you elect to use witnesses instead of having this document notarized, you must use two qualified adult witnesses. None of the following may be used as a witness: (1) a person you designate as the agent; (2) a provider of health care; (3) an employee of a provider of health care; (4) the operator of a health care facility; or (5) an employee of an operator of a health care facility. At least one of the witnesses must make the additional declaration set out following the place where the witnesses sign.)

 


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       I declare under penalty of perjury that the principal is personally known to me, that the principal signed or acknowledged this durable power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document and that I am not a provider of health care, an employee of a provider of health care, the operator of a health care facility or an employee of an operator of a health care facility.

 

Signature: ..................................         Residence Address: .......................

Print Name: ................................         .............................................................

Date: ...........................................         .............................................................

 

Signature: ..................................         Residence Address: .......................

Print Name: ................................         .............................................................

Date: ...........................................         .............................................................

 

       (AT LEAST ONE OF THE ABOVE WITNESSES MUST ALSO SIGN THE FOLLOWING DECLARATION.)

 

       I declare under penalty of perjury that I am not related to the principal by blood, marriage or adoption and that to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

 

Signature: .......................................

 

Signature: .......................................

 

                                                                                                                            

Names: ....................................       Address:..................................................

Print Name: .............................                                                                          

Date: ........................................                                                                          

 

COPIES:  You should retain an executed copy of this document and give one to your agent. The power of attorney should be available so a copy may be given to your providers of health care.

      Sec. 4. Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The sheriff of each county shall designate one employee as a point of contact for the Aging and Disability Services Division of the Department of Health and Human Services.

      2.  Upon the request of the Aging and Disability Services Division, the employee designated pursuant to subsection 1 shall offer consultation and advice to the Division regarding a report submitted pursuant to NRS 200.5093 and 200.5094 or a request for assistance by the Division relating to abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person.

      3.  The employee designated pursuant to subsection 1 shall provide his or her contact information to the Administrator of the Aging and Disability Services Division within 20 days after his or her designation as the point of contact.

 


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      Sec. 5. NRS 200.5092 is hereby amended to read as follows:

      200.5092  As used in NRS 200.5091 to 200.50995, inclusive, and section 4 of this act, unless the context otherwise requires:

      1.  “Abandonment” means:

      (a) Desertion of an older person or a vulnerable person in an unsafe manner by a caretaker or other person with a legal duty of care; or

      (b) Withdrawal of necessary assistance owed to an older person or a vulnerable person by a caretaker or other person with an obligation to provide services to the older person or vulnerable person.

      2.  “Abuse” means willful:

      (a) Infliction of pain or injury on an older person or a vulnerable person;

      (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person;

      (c) Infliction of psychological or emotional anguish, pain or distress on an older person or a vulnerable person through any act, including, without limitation:

             (1) Threatening, controlling or socially isolating the older person or vulnerable person;

             (2) Disregarding the needs of the older person or vulnerable person; or

             (3) Harming, damaging or destroying any property of the older person or vulnerable person, including, without limitation, pets;

      (d) Nonconsensual sexual contact with an older person or a vulnerable person, including, without limitation:

             (1) An act that the older person or vulnerable person is unable to understand or to which the older person or vulnerable person is unable to communicate his or her objection; or

             (2) Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of the older person or vulnerable person; or

      (e) Permitting any of the acts described in paragraphs (a) to (d), inclusive, to be committed against an older person or a vulnerable person.

      3.  “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

      (a) Obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or

      (b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.

Ê As used in this subsection, “undue influence” means the improper use of power or trust in a way that deprives a person of his or her free will and substitutes the objectives of another person. The term does not include the normal influence that one member of a family has over another.

      4.  “Isolation” means preventing an older person or a vulnerable person from having contact with another person by:

 


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      (a) Intentionally preventing the older person or vulnerable person from receiving visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or vulnerable person or a person who telephones the older person or vulnerable person that the older person or vulnerable person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person or vulnerable person and intended to prevent the older person or vulnerable person from having contact with the visitor;

      (b) Physically restraining the older person or vulnerable person to prevent the older person or vulnerable person from meeting with a person who comes to visit the older person or vulnerable person; or

      (c) Permitting any of the acts described in paragraphs (a) and (b) to be committed against an older person or a vulnerable person.

Ê The term does not include an act intended to protect the property or physical or mental welfare of the older person or vulnerable person or an act performed pursuant to the instructions of a physician of the older person or vulnerable person.

      5.  “Neglect” means the failure of a person or a manager of a facility who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his or her care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person.

      6.  “Older person” means a person who is 60 years of age or older.

      7.  “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation, isolation and abandonment of older persons [.] or vulnerable persons. The services may include:

      (a) The investigation, evaluation, counseling, arrangement and referral for other services and assistance; and

      (b) Services provided to an older person or a vulnerable person who is unable to provide for his or her own needs.

      8.  “Vulnerable person” means a person 18 years of age or older who:

      (a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or

      (b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.

      Sec. 6. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office; or

             (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

 


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

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

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

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons [.] or vulnerable persons.

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

 


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exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      (m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.

      (n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

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

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person or vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 7. NRS 200.5094 is hereby amended to read as follows:

      200.5094  1.  A person may make a report pursuant to NRS 200.5093 [or 200.50935] by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report.

 


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to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

      2.  The report must contain the following information, when possible:

      (a) The name and address of the older person or vulnerable person;

      (b) The name and address of the person responsible for his or her care, if there is one;

      (c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited, isolated or abandoned the older person or vulnerable person;

      (d) The nature and extent of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;

      (e) Any evidence of previous injuries; and

      (f) The basis of the reporter’s belief that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

      Sec. 8. NRS 200.5095 is hereby amended to read as follows:

      200.5095  1.  Reports made pursuant to NRS 200.5093 [, 200.50935] and 200.5094, and records and investigations relating to those reports, are confidential.

      2.  A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, except:

      (a) Pursuant to a criminal prosecution;

      (b) Pursuant to NRS 200.50982; or

      (c) To persons or agencies enumerated in subsection 3,

Ê is guilty of a misdemeanor.

      3.  Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:

      (a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited, isolated or abandoned;

      (b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;

      (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;

      (d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

      (e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

      (f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

      (g) Any comparable authorized person or agency in another jurisdiction;

      (h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

 


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the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

      (i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment; [or]

      (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that person is not legally [incompetent.] incapacitated;

      (k) An attorney appointed by a court to represent a protected person in a guardianship proceeding pursuant to NRS 159.0485, if:

             (1) The protected person is an older person or vulnerable person;

             (2) The identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected; and

             (3) The attorney of the protected person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment; or

      (l) The State Guardianship Compliance Office created by NRS 159.341.

      4.  If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, the information contained in the report must be submitted to the board that issued the license.

      5.  If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

      Sec. 9. NRS 200.5098 is hereby amended to read as follows:

      200.5098  1.  The Aging and Disability Services Division of the Department of Health and Human Services shall:

      (a) Identify and record demographic information on the older person or vulnerable person who is alleged to have been abused, neglected, exploited, isolated or abandoned and the person who is alleged to be responsible for such abuse, neglect, exploitation, isolation or abandonment.

      (b) Obtain information from programs for preventing abuse of older persons [,] or vulnerable persons, analyze and compare the programs, and make recommendations to assist the organizers of the programs in achieving the most efficient and effective service possible.

      (c) Publicize the provisions of NRS 200.5091 to 200.50995, inclusive [.] , and section 4 of this act.

      2.  The Administrator of the Aging and Disability Services Division of the Department may organize one or more teams to assist in strategic assessment and planning of protective services, issues regarding the delivery of service, programs or individual plans for preventing, identifying, remedying or treating abuse, neglect, exploitation, isolation or abandonment of older persons [.] or vulnerable persons. Members of the team serve at the invitation of the Administrator and must be experienced in preventing, identifying, remedying or treating abuse, neglect, exploitation, isolation or abandonment of older persons [.]

 


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identifying, remedying or treating abuse, neglect, exploitation, isolation or abandonment of older persons [.] or vulnerable persons. The team may include representatives of other organizations concerned with education, law enforcement or physical or mental health.

      3.  The team may receive otherwise confidential information and records pertaining to older persons or vulnerable persons to assist in assessing and planning. The confidentiality of any information or records received must be maintained under the terms or conditions required by law. The content of any discussion regarding information or records received by the team pursuant to this subsection is not subject to discovery and a member of the team shall not testify regarding any discussion which occurred during the meeting. Any information disclosed in violation of this subsection is inadmissible in all judicial proceedings.

      Sec. 10. NRS 200.50982 is hereby amended to read as follows:

      200.50982  1.  The provisions of NRS 200.5091 to 200.50995, inclusive, and section 4 of this act do not prohibit [an] :

      (a) An agency which is investigating a report of abuse, neglect, exploitation, isolation or abandonment, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person to other federal, state or local agencies or the legal representatives of the older person or vulnerable person on whose behalf the investigation is being conducted if:

      [(a)] (1) The agency making the disclosure determines that the disclosure is in the best interest of the older person or vulnerable person; and

      [(b)] (2) Proper safeguards are taken to ensure the confidentiality of the information.

      (b) An attorney who receives data or information pursuant to paragraph (k) of subsection 3 of NRS 200.5095 from disclosing data or information concerning a report or investigation of the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person to a court of competent jurisdiction in a guardianship proceeding concerning the older person or vulnerable person.

      2.  If the Aging and Disability Services Division of the Department of Health and Human Services is investigating a report of abuse, neglect, exploitation, isolation or abandonment of an older person [,] or vulnerable person, a law enforcement agency shall, upon request of the Aging and Disability Services Division, provide information relating to any suspect in the investigation as soon as possible. The information must include, when possible:

      (a) The records of criminal history of the suspect;

      (b) Whether or not the suspect resides with or near the older person [;] or vulnerable person; and

      (c) A summary of any events, incidents or arrests which have occurred at the residence of the suspect or the older person or vulnerable person within the past 90 days and which involve physical violence or concerns related to public safety or the health or safety of the older person [.] or vulnerable person.

      3.  An attorney shall make the disclosure pursuant to paragraph (b) of subsection 1 to the court within 20 days after his or her receipt of data or information concerning a report or investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person.

 


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information concerning a report or investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person.

      Sec. 11. NRS 200.50984 is hereby amended to read as follows:

      200.50984  1.  Notwithstanding any other statute to the contrary, the local office of the Aging and Disability Services Division of the Department of Health and Human Services and a county’s office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, and section 4 of this act, inspect all records pertaining to the older person or vulnerable person on whose behalf the investigation is being conducted, including, but not limited to, that person’s medical and financial records.

      2.  Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person [,] or vulnerable person, the Aging and Disability Services Division or the county’s office for protective services shall obtain the consent of the older person or vulnerable person before inspecting those records. If the Aging and Disability Services Division or the county’s office for protective services determines that the older person or vulnerable person is unable to consent to the inspection, the inspection may be conducted without his or her consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person [,] or vulnerable person, the Aging and Disability Services Division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the Aging and Disability Services Division or the county’s office for protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting, isolating or abandoning the older person [,] or vulnerable person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.

      Sec. 12. NRS 200.50986 is hereby amended to read as follows:

      200.50986  The local office of the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may petition a court in accordance with NRS 159.185, 159.1853 or 159.1905 for the removal of the guardian of an older person [,] or vulnerable person, or the termination or modification of that guardianship, if, based on its investigation, the Aging and Disability Services Division or the county’s office of protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting, isolating or abandoning the older person or vulnerable person in violation of NRS 200.5091 to 200.50995, inclusive [.] , and section 4 of this act.

      Sec. 13. NRS 217.070 is hereby amended to read as follows:

      217.070  1.  “Victim” means:

      (a) A person who is physically injured or killed as the direct result of a criminal act;

      (b) A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

      (c) A minor who was sexually abused, as “sexual abuse” is defined in NRS 432B.100;

 


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      (d) A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;

      (e) A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of a crash involving the driver and the pedestrian in violation of NRS 484E.010;

      (f) An older person or vulnerable person who is abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 or 200.50995;

      (g) A person who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1); or

      (h) A person who is trafficked in violation of subsection 2 of NRS 201.300.

      2.  The term includes any person who was harmed by an act listed in subsection 1, regardless of whether:

      (a) The person is a resident of this State, a citizen of the United States or is lawfully entitled to reside in the United States; or

      (b) The act was committed by an adult or a minor.

      Sec. 14. Chapter 228 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.

      Sec. 15. NRS 228.250 is hereby amended to read as follows:

      228.250  As used in NRS 228.250 to 228.290, inclusive, and section 14 of this act, unless the context otherwise requires, the words and terms defined in NRS 228.255 and 228.260 and section 14 of this act have the meanings ascribed to them in those sections.

      Sec. 16. NRS 228.260 is hereby amended to read as follows:

      228.260  “Unit” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons created pursuant to NRS 228.265.

      Sec. 17. NRS 228.265 is hereby amended to read as follows:

      228.265  There is hereby created in the Office of the Attorney General the Unit for the Investigation and Prosecution of Crimes Against Older Persons [.] or Vulnerable Persons.

      Sec. 18. NRS 228.270 is hereby amended to read as follows:

      228.270  1.  The Unit may investigate and prosecute any alleged abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person in violation of NRS 200.5099 or 200.50995 and any failure to report such a violation pursuant to NRS 200.5093:

      (a) At the request of the district attorney of the county in which the violation occurred;

      (b) If the district attorney of the county in which the violation occurred fails, neglects or refuses to prosecute the violation; or

      (c) Jointly with the district attorney of the county in which the violation occurred.

      2.  The Unit may organize or sponsor one or more multidisciplinary teams to review any allegations of abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person or the death of an older person or vulnerable person that is alleged to be from abuse, neglect, isolation or abandonment. A multidisciplinary team may include, without limitation, the following members:

      (a) A representative of the Unit;

 


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      (b) Any law enforcement agency that is involved with the case under review;

      (c) The district attorney’s office in the county where the case is under review;

      (d) The Aging and Disability Services Division of the Department of Health and Human Services or the county’s office of protective services, if one exists in the county where the case is under review;

      (e) A representative of the coroner’s office; and

      (f) Any other medical professional or financial professional that the Attorney General deems appropriate for the review.

      3.  Each organization represented on a multidisciplinary team may share with other members of the team information in its possession concerning the older person or vulnerable person who is the subject of the review or any person who was in contact with the older person or vulnerable person and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

      4.  The organizing or sponsoring of a multidisciplinary team pursuant to subsection 2 does not grant the Unit supervisory authority over, or restrict or impair the statutory authority of, any state or local agency responsible for the investigation or prosecution of allegations of abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person or the death of an older person or vulnerable person that is alleged to be the result of abuse, neglect, isolation or abandonment.

      Sec. 19. NRS 228.275 is hereby amended to read as follows:

      228.275  The Unit may bring an action to enjoin or obtain any other equitable relief to prevent the abuse, neglect, exploitation, isolation or abandonment of an older person [.] or vulnerable person. The court may award reasonable attorney’s fees and costs if the Unit prevails in such an action.

      Sec. 20. NRS 228.280 is hereby amended to read as follows:

      228.280  1.  In addition to any criminal penalty, a person who is convicted of a crime against an older person or vulnerable person for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167 or of the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person pursuant to NRS 200.5099 or 200.50995 is liable for a civil penalty to be recovered by the Attorney General in a civil action brought in the name of the State of Nevada:

      (a) For the first offense, in an amount which is not less than $5,000 and not more than $20,000.

      (b) For a second or subsequent offense, in an amount which is not less than $10,000 and not more than $30,000.

      2.  The Attorney General shall deposit any money collected for civil penalties pursuant to subsection 1 in equal amounts to:

      (a) A separate account in the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260 to provide compensation to older persons or vulnerable persons who are:

             (1) Victims of a crime for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167; or

 


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             (2) Abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 and 200.50995.

      (b) The Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons created pursuant to NRS 228.285.

      Sec. 21. NRS 228.285 is hereby amended to read as follows:

      228.285  1.  The Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons is hereby created in the State General Fund. The Attorney General shall administer the Account.

      2.  The money in the Account must only be used to carry out the provisions of NRS 228.250 to 228.290, inclusive, and section 14 of this act and to pay the expenses incurred by the Unit in the discharge of its duties, including, without limitation, expenses relating to the provision of training and salaries and benefits for employees of the Unit.

      3.  Money in the Account must remain in the Account and must not revert to the State General Fund at the end of any fiscal year.

      Sec. 22. NRS 228.290 is hereby amended to read as follows:

      228.290  1.  The Unit may apply for any available grants and accept gifts, grants, appropriations or donations to assist the Unit in carrying out its duties pursuant to the provisions of this chapter.

      2.  Any money received by the Unit must be deposited in the Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons created pursuant to NRS 228.285.

      Sec. 23. NRS 228.495 is hereby amended to read as follows:

      228.495  1.  The Committee may review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018 if a court or an agency of a local government does not organize or sponsor a multidisciplinary team pursuant to NRS 217.475 or if the court or agency requests the assistance of the Committee. In addition to the review of a particular case, the Committee shall:

      (a) Examine the trends and patterns of deaths of victims of crimes that constitute domestic violence in this State;

      (b) Determine the number and type of incidents the Committee wishes to review;

      (c) Make policy and other recommendations for the prevention of deaths from crimes that constitute domestic violence;

      (d) Engage in activities to educate the public, providers of services to victims of domestic violence and policymakers concerning deaths from crimes that constitute domestic violence and strategies for intervention and prevention of such crimes; and

      (e) Recommend policies, practices and services to encourage collaboration and reduce the number of deaths from crimes that constitute domestic violence.

      2.  The review of the death of a victim pursuant to this section does not grant the Attorney General or the Committee supervisory authority over, or restrict or impair the statutory authority of, any state or local governmental agency responsible for the investigation or prosecution of the death of a victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

      3.  Before reviewing the death of a victim pursuant to this section, the Committee shall adopt a written protocol describing the objectives and structure of the review.

 


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      4.  The Committee may request any person, agency or organization that is in possession of information or records concerning a victim who is the subject of a review or any person who was in contact with the victim to provide the Committee with any information or records that are relevant to the review. Any information or records provided to the Committee pursuant to this subsection are confidential.

      5.  The Committee may, if appropriate, meet with any person, agency or organization that the Committee believes may have information relevant to a review conducted by the Committee, including, without limitation, a multidisciplinary team:

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

      (b) To review any allegations of abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person or the death of an older person or vulnerable person that is alleged to be from abuse, neglect, isolation or abandonment organized pursuant to NRS 228.270;

      (c) To review the death of a child organized pursuant to NRS 432B.405; or

      (d) To oversee the review of the death of a child organized pursuant to NRS 432B.4075.

      6.  Except as otherwise provided in subsection 7, each member of the Committee is immune from civil or criminal liability for an activity related to the review of the death of a victim conducted pursuant to this section.

      7.  Each member of the Committee who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

      8.  The Attorney General:

      (a) May bring an action to recover a civil penalty imposed pursuant to subsection 7 against a member of the Committee; and

      (b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

      9.  The results of a review of the death of a victim conducted pursuant to this section are not admissible in any civil action or proceeding.

      10.  The Committee shall submit a report of its activities pursuant to this section to the Attorney General. The report must include, without limitation, the findings and recommendations of the Committee. The report must not include information that identifies any person involved in a particular case under review. The Attorney General shall make the report available to the public.

      11.  Any meeting of the Committee held to review the death of a victim pursuant to this section, or any portion of a meeting of the Committee during which the Committee reviews such a death, is not subject to the provisions of chapter 241 of NRS.

      Sec. 24. NRS 289.510 is hereby amended to read as follows:

      289.510  1.  The Commission:

      (a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.

      (b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.

 


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      (c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

             (1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;

             (2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance;

             (3) Qualifications for instructors of peace officers; and

             (4) Requirements for the certification of a course of training.

      (d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.

      (e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.

      (f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.

      (g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.650, inclusive.

      (h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.

      2.  Regulations adopted by the Commission:

      (a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;

      (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;

      (c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation, isolation and abandonment of older persons [;] or vulnerable persons; and

      (d) May require that training be carried on at institutions which it approves in those regulations.

      Sec. 25. NRS 388.880 is hereby amended to read as follows:

      388.880  1.  Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.

      2.  The provisions of this section do not apply to a person who:

      (a) Is acting in his or her professional or occupational capacity and is required to make a report pursuant to NRS 200.5093, [200.50935,] 392.303 or 432B.220.

      (b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.

 


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      3.  As used in this section:

      (a) “Reasonable cause to believe” means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

      (b) “School employee” means a licensed or unlicensed person who is employed by:

             (1) A board of trustees of a school district pursuant to NRS 391.100 or 391.281;

             (2) The governing body of a charter school; or

             (3) The Achievement School District.

      (c) “School official” means:

             (1) A member of the board of trustees of a school district.

             (2) A member of the governing body of a charter school.

             (3) An administrator employed by the board of trustees of a school district or the governing body of a charter school.

             (4) The Executive Director of the Achievement School District.

      (d) “Teacher” means a person employed by the:

             (1) Board of trustees of a school district to provide instruction or other educational services to pupils enrolled in public schools of the school district.

             (2) Governing body of a charter school to provide instruction or other educational services to pupils enrolled in the charter school.

      Sec. 26. NRS 394.177 is hereby amended to read as follows:

      394.177  1.  Except as otherwise provided in subsection 2, if any person who knows or has reasonable cause to believe that another person has made a threat of violence against a school official, school employee or pupil reports in good faith that threat of violence to a school official, teacher, school police officer, local law enforcement agency or potential victim of the violence that is threatened, the person who makes the report is immune from civil liability for any act or omission relating to that report. Such a person is not immune from civil liability for any other act or omission committed by the person as a part of, in connection with or as a principal, accessory or conspirator to the violence, regardless of the nature of the other act or omission.

      2.  The provisions of this section do not apply to a person who:

      (a) Is acting in his or her professional or occupational capacity and is required to make a report pursuant to NRS 200.5093, [200.50935,] 392.303 or 432B.220.

      (b) Is required to make a report concerning the commission of a violent or sexual offense against a child pursuant to NRS 202.882.

      3.  As used in this section:

      (a) “Reasonable cause to believe” means, in light of all the surrounding facts and circumstances which are known, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

      (b) “School employee” means a licensed or unlicensed person, other than a school official, who is employed by a private school.

      (c) “School official” means:

             (1) An owner of a private school.

             (2) A director of a private school.

             (3) A supervisor at a private school.

 


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             (4) An administrator at a private school.

      (d) “Teacher” means a person employed by a private school to provide instruction and other educational services to pupils enrolled in the private school.

      Sec. 27. NRS 640B.700 is hereby amended to read as follows:

      640B.700  1.  The Board may refuse to issue a license to an applicant or may take disciplinary action against a licensee if, after notice and a hearing as required by law, the Board determines that the applicant or licensee:

      (a) Has submitted false or misleading information to the Board or any agency of this State, any other state, the Federal Government or the District of Columbia;

      (b) Has violated any provision of this chapter or any regulation adopted pursuant thereto;

      (c) Has been convicted of a felony, a crime relating to a controlled substance or a crime involving moral turpitude;

      (d) Is addicted to alcohol or any controlled substance;

      (e) Has violated the provisions of NRS 200.5093 [, 200.50935] or 432B.220;

      (f) Is guilty of gross negligence in his or her practice as an athletic trainer;

      (g) Is not competent to engage in the practice of athletic training;

      (h) Has failed to provide information requested by the Board within 60 days after receiving the request;

      (i) Has engaged in unethical or unprofessional conduct as it relates to the practice of athletic training;

      (j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

      (k) Has solicited or received compensation for services that he or she did not provide;

      (l) If the licensee is on probation, has violated the terms of the probation;

      (m) Has terminated professional services to a client in a manner that detrimentally affected that client; or

      (n) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility was suspended or revoked; or

             (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      2.  The Board may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing as required by law:

      (a) Refuse to issue a license to the applicant;

      (b) Refuse to renew or restore the license of the licensee;

      (c) Suspend or revoke the license of the licensee;

      (d) Place the licensee on probation;

      (e) Impose an administrative fine of not more than $5,000;

 


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      (f) Require the applicant or licensee to pay the costs incurred by the Board to conduct the investigation and hearing; or

      (g) Impose any combination of actions set forth in paragraphs (a) to (f), inclusive.

      3.  The Board shall not issue a private reprimand to a licensee.

      4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 28. NRS 657.290 is hereby amended to read as follows:

      657.290  1.  Each financial institution shall designate a person or persons to whom an officer or employee of the financial institution must report known or suspected exploitation of an older person or vulnerable person.

      2.  If an officer or employee reports known or suspected exploitation of an older person or vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person or vulnerable person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

      4.  [If an officer or employee reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

 


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      6.]  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any facts or information that form the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      [7.] 5.  An officer, employee and the designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report in good faith.

      Sec. 29. NRS 673.807 is hereby amended to read as follows:

      673.807  1.  Each savings bank shall designate a person or persons to whom a director, officer or employee of the savings bank must report known or suspected exploitation of an older person or vulnerable person.

      2.  If a director, officer or employee reports known or suspected exploitation of an older person or vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person or vulnerable person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

      4.  [If a director, officer or employee reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

 


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      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      6.]  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any facts or information that form the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      [7.] 5.  A director, officer, employee and the designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report in good faith.

      Sec. 30. NRS 677.707 is hereby amended to read as follows:

      677.707  1.  Each licensee shall designate a person or persons to whom an officer or employee of the licensee must report known or suspected exploitation of an older person or vulnerable person.

      2.  If an officer or employee reports known or suspected exploitation of an older person or vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person or vulnerable person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

      4.  [If an officer or employee reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

 


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ê2019 Statutes of Nevada, Page 3502 (CHAPTER 555, SB 540)ê

 

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      6.]  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any facts or information that form the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      [7.] 5.  An officer, employee and the designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report in good faith.

      Sec. 31. NRS 678.779 is hereby amended to read as follows:

      678.779  1.  Each credit union shall designate a person or persons to whom an employee of the credit union must report known or suspected exploitation of an older person or vulnerable person.

      2.  If an employee reports known or suspected exploitation of an older person or vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 3, report the known or suspected exploitation of the older person or vulnerable person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable.

      3.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the designated reporter shall make the report to an agency other than the one alleged to have committed the act or omission.

      4.  [If an employee reports known or suspected exploitation of a vulnerable person to a designated reporter and, based on such a report or based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

 


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ê2019 Statutes of Nevada, Page 3503 (CHAPTER 555, SB 540)ê

 

based on his or her own observations or knowledge, the designated reporter knows or has reasonable cause to believe that a vulnerable person has been exploited, the designated reporter shall:

      (a) Except as otherwise provided in subsection 5, report the known or suspected exploitation of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable.

      5.  If the designated reporter knows or has reasonable cause to believe that the exploitation of the vulnerable person involves an act or omission of a law enforcement agency, the designated reporter shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      6.]  In accordance with the provisions of subsection 3 of NRS 239A.070, in making a report pursuant to this section, a designated reporter may:

      (a) Disclose any facts or information that form the basis of the determination that the designated reporter knows or has reasonable cause to believe that an older person or vulnerable person has been exploited, including, without limitation, the identity of any person believed to be involved in the exploitation of the older person or vulnerable person; and

      (b) Provide any financial records or other documentation relating to the exploitation of the older person or vulnerable person.

      [7.] 5.  An employee and the designated reporter are entitled to the immunity from liability set forth in NRS 200.5096 for making a report in good faith.

      Sec. 32. Section 3 of Senate Bill 223 of this session is hereby amended to read as follows:

       Sec. 3.  NRS 162A.620 is hereby amended to read as follows:

       162A.620  A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by NRS 162A.200 to 162A.660, inclusive:

 

STATUTORY FORM POWER OF ATTORNEY

 

      THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

      1.  THIS DOCUMENT GIVES THE PERSON YOU DESIGNATE AS YOUR AGENT THE POWER TO MAKE DECISIONS CONCERNING YOUR PROPERTY FOR YOU. YOUR AGENT WILL BE ABLE TO MAKE DECISIONS AND ACT WITH RESPECT TO YOUR PROPERTY (INCLUDING YOUR MONEY) WHETHER OR NOT YOU ARE ABLE TO ACT FOR YOURSELF.

      2.  THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

 


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ê2019 Statutes of Nevada, Page 3504 (CHAPTER 555, SB 540)ê

 

      3.  THIS POWER OF ATTORNEY DOES NOT AUTHORIZE THE AGENT TO MAKE HEALTH CARE DECISIONS FOR YOU.

      4.  THE PERSON YOU DESIGNATE IN THIS DOCUMENT HAS A DUTY TO ACT CONSISTENT WITH YOUR DESIRES AS STATED IN THIS DOCUMENT OR OTHERWISE MADE KNOWN OR, IF YOUR DESIRES ARE UNKNOWN, TO ACT IN YOUR BEST INTERESTS.

      5.  YOU SHOULD SELECT SOMEONE YOU TRUST TO SERVE AS YOUR AGENT. UNLESS YOU SPECIFY OTHERWISE, GENERALLY THE AGENT’S AUTHORITY WILL CONTINUE UNTIL YOU DIE OR REVOKE THE POWER OF ATTORNEY OR THE AGENT RESIGNS OR IS UNABLE TO ACT FOR YOU.

      6.  YOUR AGENT IS ENTITLED TO REASONABLE COMPENSATION UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

      7.  THIS FORM PROVIDES FOR DESIGNATION OF ONE AGENT. IF YOU WISH TO NAME MORE THAN ONE AGENT YOU MAY NAME A CO-AGENT IN THE SPECIAL INSTRUCTIONS. CO-AGENTS ARE NOT REQUIRED TO ACT TOGETHER UNLESS YOU INCLUDE THAT REQUIREMENT IN THE SPECIAL INSTRUCTIONS.

      8.  IF YOUR AGENT IS UNABLE OR UNWILLING TO ACT FOR YOU, YOUR POWER OF ATTORNEY WILL END UNLESS YOU HAVE NAMED A SUCCESSOR AGENT. YOU MAY ALSO NAME A SECOND SUCCESSOR AGENT.

      9.  YOU HAVE THE RIGHT TO REVOKE THE AUTHORITY GRANTED TO THE PERSON DESIGNATED IN THIS DOCUMENT.

      10.  THIS DOCUMENT REVOKES ANY PRIOR DURABLE POWER OF ATTORNEY.

      11.  IF THERE IS ANYTHING IN THIS DOCUMENT THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

 

      1.  DESIGNATION OF AGENT.

      I, .....................................................................................................

(insert your name) do hereby designate and appoint:

 

Name: ......................................................................................

Address: .................................................................................

Telephone Number: ..............................................................

 

as my agent to make decisions for me and in my name, place and stead and for my use and benefit and to exercise the powers as authorized in this document.

      2.  DESIGNATION OF ALTERNATE AGENT.

      (You are not required to designate any alternative agent but you may do so. Any alternative agent you designate will be able to make the same decisions as the agent designated above in the event that he or she is unable or unwilling to act as your agent.

 


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ê2019 Statutes of Nevada, Page 3505 (CHAPTER 555, SB 540)ê

 

able to make the same decisions as the agent designated above in the event that he or she is unable or unwilling to act as your agent. Also, if the agent designated in paragraph 1 is your spouse, his or her designation as your agent is automatically revoked by law if your marriage is dissolved.)

      If my agent is unable or unwilling to act for me, then I designate the following person(s) to serve as my agent as authorized in this document, such person(s) to serve in the order listed below:

 

      A.  First Alternative Agent

             Name:..........................................................................

             Address:.....................................................................

             Telephone Number:..................................................

 

      B.  Second Alternative Agent

             Name:...........................................................................

             Address:.....................................................................

             Telephone Number:...................................................

 

      3.  OTHER POWERS OF ATTORNEY.

      This Power of Attorney is intended to, and does, revoke any prior Power of Attorney for financial matters I have previously executed.

      4.  NOMINATION OF GUARDIAN.

      If, after execution of this Power of Attorney, proceedings seeking an adjudication of incapacity are initiated either for my estate or my person, I hereby nominate as my guardian or conservator for consideration by the court my agent herein named, in the order named.

      5.  GRANT OF GENERAL AUTHORITY.

      I grant my agent and any successor agent(s) general authority to act for me with respect to the following subjects:

 

(INITIAL each subject you want to include in the agent’s general authority. If you wish to grant general authority over all of the subjects you may initial “All Preceding Subjects” instead of initialing each subject.)

 

[.....]  Real Property

[.....]  Tangible Personal Property

[.....]  Stocks and Bonds

[.....]  Commodities and Options

[.....]  Banks and Other Financial Institutions

[.....]  Safe Deposit Boxes

[.....]  Operation of Entity or Business

[.....]  Insurance and Annuities

[.....]  Estates, Trusts and Other Beneficial Interests

[.....]  Legal Affairs, Claims and Litigation

[.....]  Personal Maintenance

[.....]  Benefits from Governmental Programs or Civil or Military Service

 


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ê2019 Statutes of Nevada, Page 3506 (CHAPTER 555, SB 540)ê

 

[.....]  Retirement Plans

[.....]  Taxes

[.....]  All Preceding Subjects

 

      6.  GRANT OF SPECIFIC AUTHORITY.

      My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

 

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)

 

[.....]  Create, amend, revoke or terminate an inter vivos, family, living, irrevocable or revocable trust

[.....]  Make a gift, subject to the limitations of NRS and any special instructions in this Power of Attorney

[.....]  Create or change rights of survivorship

[.....]  Create or change a beneficiary designation

[.....]  Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

[.....]  Exercise fiduciary powers that the principal has authority to delegate

[.....]  Disclaim or refuse an interest in property, including a power of appointment

 

      7.  EXPRESSION OF INTENT CONCERNING LIVING ARRANGEMENTS.

[.....] It is my intention to live in my home as long as it is safe and my medical needs can be met. My agent may arrange for a natural person, employee of an agency or provider of community-based services to come into my home to provide care for me. When it is no longer safe for me to live in my home, I authorize my agent to place me in a facility or home that can provide any medical assistance and support in my activities of daily living that I require. Before being placed in such a facility or home, I wish for my agent to discuss and share information concerning the placement with me.

[.....] It is my intention to live in my home for as long as possible without regard for my medical needs, personal safety or ability to engage in activities of daily living. My agent may arrange for a natural person, an employee of an agency or a provider of community-based services to come into my home and provide care for me. I understand that, before I may be placed in a facility or home other than the home in which I currently reside, a guardian must be appointed for me.

 


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ê2019 Statutes of Nevada, Page 3507 (CHAPTER 555, SB 540)ê

 

[.....] I desire for my agent to take the following actions relating to my care:

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

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

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

 

      8.  LIMITATION ON AGENT’S AUTHORITY.

      An agent that is not my spouse MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

      [8.]9.  SPECIAL INSTRUCTIONS OR OTHER OR ADDITIONAL AUTHORITY GRANTED TO AGENT:

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

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

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

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

 

      [9.]10.  DURABILITY AND EFFECTIVE DATE.  (INITIAL the clause(s) that applies.)

 

[.....]  DURABLE.  This Power of Attorney shall not be affected by my subsequent disability or incapacity.

[.....]  SPRINGING POWER.  It is my intention and direction that my designated agent, and any person or entity that my designated agent may transact business with on my behalf, may rely on a written medical opinion issued by a licensed medical doctor stating that I am disabled or incapacitated, and incapable of managing my affairs, and that said medical opinion shall establish whether or not I am under a disability for the purpose of establishing the authority of my designated agent to act in accordance with this Power of Attorney.

[.....]  I wish to have this Power of Attorney become effective on the following date:.....

[.....]  I wish to have this Power of Attorney end on the following date:.....

 

      [10.]11.  THIRD PARTY PROTECTION.

      Third parties may rely upon the validity of this Power of Attorney or a copy and the representations of my agent as to all matters relating to any power granted to my agent, and no person or agency who relies upon the representation of my agent, or the authority granted by my agent, shall incur any liability to me or my estate as a result of permitting my agent to exercise any power unless a third party knows or has reason to know this Power of Attorney has terminated or is invalid.

      [11.]12.  RELEASE OF INFORMATION.

      I agree to, authorize and allow full release of information, by any government agency, business, creditor or third party who may have information pertaining to my assets or income, to my agent named herein.

 


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ê2019 Statutes of Nevada, Page 3508 (CHAPTER 555, SB 540)ê

 

      [12.]13.  SIGNATURE AND ACKNOWLEDGMENT.  YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. THIS POWER OF ATTORNEY WILL NOT BE VALID UNLESS IT IS ACKNOWLEDGED BEFORE A NOTARY PUBLIC.

 

      I sign my name to this Power of Attorney on .............. (date) at .............................. (city), ......................... (state)

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

                                                                       (Signature)

 

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

 

(You may use acknowledgment before a notary public instead of the statement of witnesses.)

 

State of Nevada                }

                                             }ss.

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

 

      On this .......... day of .........., in the year ....., before me, ............................... (here insert name of notary public) personally appeared .............................. (here insert name of principal) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he or she executed it. [I declare under penalty of perjury that the person whose name is ascribed to this instrument appears to be of sound mind and under no duress, fraud or undue influence.]

 

NOTARY SEAL                              .....................................................

                                                            (Signature of Notary Public)

 

IMPORTANT INFORMATION FOR AGENT

      1.  Agent’s Duties.  When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must:

      (a) Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;

      (b) Act in good faith;

      (c) Do nothing beyond the authority granted in this Power of Attorney; and

      (d) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:

(Principal’s Name) by (Your Signature) as Agent

 


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ê2019 Statutes of Nevada, Page 3509 (CHAPTER 555, SB 540)ê

 

      2.  Unless the Special Instructions in this Power of Attorney state otherwise, you must also:

      (a) Act loyally for the principal’s benefit;

      (b) Avoid conflicts that would impair your ability to act in the principal’s best interest;

      (c) Act with care, competence, and diligence;

      (d) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;

      (e) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and

      (f) Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

      3.  Termination of Agent’s Authority.  You must stop acting on behalf of the principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to act under a Power of Attorney include:

      (a) Death of the principal;

      (b) The principal’s revocation of the Power of Attorney or your authority;

      (c) The occurrence of a termination event stated in the Power of Attorney;

      (d) The purpose of the Power of Attorney is fully accomplished; or

      (e) If you are married to the principal, your marriage is dissolved.

      4.  Liability of Agent.  The meaning of the authority granted to you is defined in NRS 162A.200 to 162A.660, inclusive. If you violate NRS 162A.200 to 162A.660, inclusive, or act outside the authority granted in this Power of Attorney, you may be liable for any damages caused by your violation.

      5.  If there is anything about this document or your duties that you do not understand, you should seek legal advice.

      Sec. 33.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 34. NRS 200.50935 and section 2 of Senate Bill No. 223 of the current Legislative Session are hereby repealed.

      Sec. 35.  This act becomes effective on July 1, 2019.

________

 


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ê2019 Statutes of Nevada, Page 3510ê

 

CHAPTER 556, SB 547

Senate Bill No. 547–Senators Brooks, Cannizzaro, Spearman, Cancela, Parks; Denis, Dondero Loop, Ohrenschall, Ratti, Washington and Woodhouse

 

Joint Sponsors: Assemblymen Frierson and Monroe-Moreno

 

CHAPTER 556

 

[Approved: June 12, 2019]

 

AN ACT relating to energy; excluding from regulation as a public utility certain plants or equipment used by a data center; revising provisions governing the applicability of certain assessments imposed by the Public Utilities Commission of Nevada; revising the information required to be included in the integrated resource plan filed by an electric utility with the Commission; revising the criteria to be eligible to apply to the Commission to purchase energy, capacity or ancillary services from a provider of new electric resources; revising the requirements a provider of new electric resources must satisfy to be eligible to sell energy, capacity or ancillary services to eligible customers; revising the requirements an eligible customer must satisfy to be authorized to purchase energy, capacity or ancillary services from a provider of new electric resources; revising the terms and conditions for the purchase of energy, capacity or ancillary services by eligible customers who have been approved to make such purchases from a provider of new electric resources; repealing provisions governing certain agreements relating to generation assets of an electric utility; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill excludes from regulation as a public utility certain plants or equipment used by a data center but only with respect to operations of the data center which consist of providing electric service.

      Existing law authorizes certain customers of an electric utility to apply to the Public Utilities Commission of Nevada for approval to purchase energy, capacity and ancillary services from a provider of new electric resources. If the Commission approves such an application, the Commission is required to order such terms, conditions and payments as the Commission deems necessary and appropriate to ensure that the transaction will not be contrary to the public interest and the eligible customer is authorized to begin purchasing energy, capacity and ancillary services from the provider of new electric resources in accordance with the order of the Commission. (NRS 704B.310)

      Existing law requires the Commission to levy and collect an annual mill tax on public utilities that are subject to the jurisdiction of the Commission. (NRS 704.033) Under existing law, if the Commission authorizes a customer of an electric utility to purchase energy, capacity and ancillary services from a provider of new electric resources, the Commission is required to order the customer to pay its share of the annual mill tax levied by the Commission and to pay any other tax, fee or assessment that would be due to a governmental entity had the customer continued to purchase energy, capacity or ancillary services from the electric utility. (NRS 704B.360) Sections 3 and 21 of this bill revise this requirement by removing the requirement for an order of the Commission and, instead, imposing the requirement to pay the annual mill tax and any other taxes, fees or assessments on the customer or the provider of new electric resources, as applicable.

 


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ê2019 Statutes of Nevada, Page 3511 (CHAPTER 556, SB 547)ê

 

      Existing law requires each electric utility to submit to the Commission every 3 years an integrated resource plan to increase the utility’s supply of electricity or decrease the demands made on its system by its customers. (NRS 704.741) Section 5 of this bill requires the integrated resource plan to include a proposal for annual limits on the energy and capacity that certain eligible customers are authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted on or after May 16, 2019. Section 5 further requires the proposal to include certain information, including, without limitation, impact fees applicable to each megawatt or megawatt hour to account for certain costs. Section 6 of this bill requires the Commission, in considering whether to approve or modify the annual limits, to consider whether the proposed limits promote safe, economic, efficient and reliable electric service, align an economically viable utility model with state public policy goals and encourage the development and use of renewable energy resources.

      Section 16 of this bill prohibits a provider of new electric resources from selling energy, capacity or ancillary services to any person or governmental entity in this State unless the provider holds a license to do so issued by the Commission. Section 9 of this bill establishes the requirements a provider of new electric resources is required to satisfy to qualify for a license and authorizes the Commission to adopt regulations requiring a provider of new electric resources to provide certain information. Section 26 of this bill authorizes a provider of new electric resources who sold energy, capacity or ancillary services to a customer before the effective date of this bill to continue to sell energy, capacity or ancillary services to that customer without obtaining a license if the provider submits an application for a license to the Commission not later than 30 days after a date established by the Commission by regulation and the Commission issues the license. Sections 8 and 11 of this bill make conforming changes.

      Section 10 of this bill: (1) requires the Commission to adopt regulations to establish a procedure by which a customer who has been approved to purchase energy, capacity or ancillary services from a provider of new electric resources may apply to the Commission to return to purchasing bundled electric service from an electric utility; (2) authorizes the Commission to establish such terms and conditions on such a return as the Commission deems necessary and appropriate to prevent harm to customers of the electric utility; (3) authorizes the Commission to limit the number of times a customer is authorized to be approved to purchase energy, capacity or ancillary services from a provider of new electric resources; and (4) authorizes the Commission to establish limitations on the use of certain tariffs approved by the Commission.

      Section 12 of this bill provides that a nongovernmental commercial or industrial end-use customer or a governmental entity that was not a customer of an electric utility at any time before the effective date of this bill is eligible to apply to the Commission for approval to purchase energy, capacity or ancillary services from a provider of new electric resources if certain requirements are met, including a requirement that the average annual load of such a customer will be 1 megawatt or more. Section 25 of this bill provides that this provision does not apply to a person who, before the effective date of this bill, was approved to purchase energy, capacity and ancillary services from a provider of new electric resources.

      Under existing law, a provider of new electric resources is qualified to sell energy, capacity or ancillary services to an eligible customer if, among other criteria, the provider makes the energy, capacity or ancillary services available from certain generation assets. (NRS 704B.110, 704B.130) Section 13 of this bill authorizes a provider of new electric resources to make energy, capacity and ancillary services available by market purchases made through the provider.

      Existing law provides that the provisions of existing law governing the purchase of energy, capacity or ancillary services from a provider of new electric resources do not affect any rights or obligations arising under certain contracts which were in existence on July 17, 2001. (NRS 704B.170) Section 14 of this bill removes the date from this provision and, thus, provides that the existing law governing the purchase of energy, capacity or ancillary services from a provider of new electric resources does not affect any contract.

 


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      Existing law requires the Public Utilities Commission of Nevada to submit to the Legislative Commission, not later than 2 business days after receiving a request from the Legislative Commission, a written report summarizing certain information related to transactions between providers of new electric resources and customers approved by the Commission to purchase energy, capacity or ancillary services from such providers. (NRS 704B.210) Section 15 of this bill requires this report to include only the public information that the customer included in the application filed with the Commission rather than all information that the customer included in the application.

      Section 17 of this bill revises the procedure to apply for and obtain the approval of the Commission to purchase energy, capacity and ancillary services from a provider of new electric resources by: (1) authorizing an eligible customer to file an application with the Commission only between January 2 and February 1 of each calendar year; (2) requiring the application to be filed with the Commission not later than 280 days, rather than not later than 180 days, before the date on which the customer intends to begin purchasing energy, capacity or ancillary services from a provider of new electric resources; (3) requiring the information included with the application to be specific information about the customer, the proposed provider and the terms and conditions of the proposed transaction; (4) requiring the specific information included with the application to include information identifying transmission requirements and the extent to which transmission import capacity is needed; (5) prohibiting the Commission from approving the application unless the Commission determines the application is in the public interest rather than requiring approval of the application unless the Commission finds the application contrary to the public interest; (6) revising the factors the Commission is required to consider in determining whether the proposed transaction is in the public interest; (7) revising the terms and conditions which the Commission is required to order if it approves the application; and (8) prohibiting the approval of an application if the approval of the application would cause the energy and capacity that certain eligible customers are authorized to purchase from providers of new electric resources to exceed the annual limit included in the resource plan of the electric utility that has been accepted by the Commission.

      Existing law authorizes a customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources to purchase energy, capacity or ancillary services from an alternative provider without obtaining the approval of the Commission if the terms and conditions of that transaction, other than the price of the energy, capacity or ancillary services, conform to the transaction originally approved by the Commission. (NRS 704B.325) Section 18 of this bill prohibits the purchase of energy, capacity or ancillary services from an alternative provider unless the alternative provider is licensed as a provider of new electric resources by the Commission pursuant to section 9.

      Existing law prohibits a provider of new electric resources from selling energy, capacity or ancillary services to a customer unless the customer has a time-of-use meter installed at the point of delivery of energy to the customer. Under existing law, an electric utility is required to install a time-of-use meter at each point of delivery of energy to the customer if the customer does not have a time-of-use meter at that point of delivery. (NRS 704B.340) Section 20 of this bill requires the Commission to determine the date by which the electric utility is required to ensure that metering equipment is operational for each customer who has been approved by the Commission to purchase energy, capacity or ancillary services from a provider of new electric resources.

      Existing law requires each utility to: (1) conduct a vulnerability assessment in accordance with the requirements of certain federal and regional agencies; (2) prepare and maintain an emergency response plan in accordance with the requirements of certain federal and regional agencies; and (3) at least once each year, review its vulnerability assessment and emergency response plan and submit to the Division of Emergency Management of the Department of Public Safety the results of that review and any additions or modifications to its emergency response plan. (NRS 239C.270) Section 23 of this bill imposes these requirements on providers of new electric resources.

 


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ê2019 Statutes of Nevada, Page 3513 (CHAPTER 556, SB 547)ê

 

      Section 24 of this bill provides that any application to purchase energy, capacity or ancillary services from a provider of new electric resources that was submitted to the Commission before the passage and approval of this bill is deemed to be denied unless the application was filed before May 16, 2019. Section 24 further provides that the provisions of existing law governing the consideration and disposition of an application apply to an application filed before May 16, 2019.

      Sections 25 and 26 of this bill enact provisions governing eligible customers who were approved by the Commission to purchase energy, capacity or ancillary services before the effective date of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 703.330 is hereby amended to read as follows:

      703.330  1.  A complete record must be kept of all hearings before the Commission. All testimony at such hearings must be taken down by the stenographer appointed by the Commission or, under the direction of any competent person appointed by the Commission, must be reported by sound recording equipment in the manner authorized for reporting testimony in district courts. The testimony reported by a stenographer must be transcribed, and the transcript filed with the record in the matter. The Commission may by regulation provide for the transcription or safekeeping of sound recordings. The costs of recording and transcribing testimony at any hearing, except those hearings ordered pursuant to NRS 703.310, must be paid by the applicant. If a complaint is made pursuant to NRS 703.310 by a customer or by a political subdivision of the State or municipal organization, the complainant is not liable for any costs. Otherwise, if there are several applicants or parties to any hearing, the Commission may apportion the costs among them in its discretion.

      2.  A copy of the proceedings and testimony must be furnished to any party, on payment of a reasonable amount to be fixed by the Commission, and the amount must be the same for all parties.

      3.  The provisions of this section do not prohibit the Commission from:

      (a) Restricting access to the records and transcripts of a hearing pursuant to paragraph (a) of subsection 3 of NRS 703.196.

      (b) Protecting the confidentiality of information pursuant to NRS 704B.310 [, 704B.320] or 704B.325.

      Sec. 2. NRS 704.021 is hereby amended to read as follows:

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

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

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

      (a) They serve 25 persons or less; and

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

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

 


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ê2019 Statutes of Nevada, Page 3514 (CHAPTER 556, SB 547)ê

 

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

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

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

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

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

      8.  Persons who are video service providers, as defined in NRS 711.151, except for those operations of the video service provider which consist of providing a telecommunication service to the public, in which case the video service provider is a public utility only with regard to those operations of the video service provider which consist of providing a telecommunication service to the public.

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

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

      (a) Located on the premises of another person;

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

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

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

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

      12.  Any plant or equipment that is used by a data center to produce, deliver or furnish electricity at agreed-upon prices for or to persons on the premises of the data center for the sole purpose of those persons storing, processing or distributing data, but only with regard to those operations which consist of providing electric service. As used in this subsection, “data center” has the meaning ascribed to it in NRS 360.754.

      Sec. 3. NRS 704.033 is hereby amended to read as follows:

      704.033  1.  Except as otherwise provided in subsection 6, the Commission shall levy and collect an annual assessment from all public utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers subject to the jurisdiction of the Commission.

 


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ê2019 Statutes of Nevada, Page 3515 (CHAPTER 556, SB 547)ê

 

      2.  Except as otherwise provided in subsections 3 and 4, the annual assessment must be:

      (a) For the use of the Commission, not more than 3.50 mills; and

      (b) For the use of the Consumer’s Advocate, not more than 0.75 mills,

Ê on each dollar of gross operating revenue derived from the intrastate operations of such utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers in the State of Nevada. The total annual assessment must be not more than 4.25 mills.

      3.  The levy for the use of the Consumer’s Advocate must not be assessed against railroads.

      4.  The minimum assessment in any 1 year must be $100.

      5.  The gross operating revenue of the utilities must be determined for the preceding calendar year. In the case of:

      (a) Telecommunication providers, except as provided in paragraph (c), the revenue shall be deemed to be all intrastate revenues.

      (b) Railroads, the revenue shall be deemed to be the revenue received only from freight and passenger intrastate movements.

      (c) All public utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers, the revenue does not include the proceeds of any commodity, energy or service furnished to another public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller for resale.

      6.  Providers of commercial mobile radio service are not subject to the annual assessment and, in lieu thereof, shall pay to the Commission an annual licensing fee of $200.

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

      Sec. 4. NRS 704.035 is hereby amended to read as follows:

      704.035  1.  On or before June 15 of each year, the Commission shall mail revenue report forms to all public utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers under its jurisdiction, to the address of those utilities, providers of new electric resources, providers of discretionary natural gas service and alternative sellers on file with the Commission. The revenue report form serves as notice of the Commission’s intent to assess such entities, but failure to notify any such entity does not invalidate the assessment with respect thereto.

      2.  Each public utility, provider of new electric resources, provider of discretionary natural gas service and alternative seller subject to the provisions of NRS 704.033 shall complete the revenue report referred to in subsection 1, compute the assessment and return the completed revenue report to the Commission accompanied by payment of the assessment and any fee due, pursuant to the provisions of subsection 5.

      3.  The assessment is due on July 1 of each year, but may, at the option of the public utility, provider of new electric resources, provider of discretionary natural gas service and alternative seller, be paid quarterly on July 1, October 1, January 1 and April 1.

      4.  The assessment computed by the public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller is subject to review and audit by the Commission, and the amount of the assessment may be adjusted by the Commission as a result of the audit and review.

 


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ê2019 Statutes of Nevada, Page 3516 (CHAPTER 556, SB 547)ê

 

      5.  Any public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller failing to pay the assessment provided for in NRS 704.033 on or before August 1, or if paying quarterly, on or before August 1, October 1, January 1 or April 1, shall pay, in addition to such assessment, a fee of 1 percent of the total unpaid balance for each month or portion thereof that the assessment is delinquent, or $10, whichever is greater, but no fee may exceed $1,000 for each delinquent payment.

      6.  When a public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller sells, transfers or conveys substantially all of its assets or, if applicable, its certificate of public convenience and necessity [,] or license, the Commission shall determine, levy and collect the accrued assessment for the current year not later than 30 days after the sale, transfer or conveyance, unless the transferee has assumed liability for the assessment. For purposes of this subsection, the jurisdiction of the Commission over the selling, transferring or conveying public utility, provider of new electric resources, provider of discretionary natural gas service or alternative seller continues until it has paid the assessment.

      7.  The Commission may bring an appropriate action in its own name for the collection of any assessment and fee which is not paid as provided in this section.

      8.  The Commission shall, upon collection, transfer to the Account for the Consumer’s Advocate that portion of the assessments collected which belongs to the Consumer’s Advocate.

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

      Sec. 5. NRS 704.741 is hereby amended to read as follows:

      704.741  1.  A utility which supplies electricity in this State shall, on or before June 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission. Two or more utilities that are affiliated through common ownership and that have an interconnected system for the transmission of electricity shall submit a joint plan.

      2.  The Commission shall, by regulation:

      (a) Prescribe the contents of such a plan, including, but not limited to, the methods or formulas which are used by the utility or utilities to:

             (1) Forecast the future demands [;] , except that a forecast of the future retail electric demands of the utility or utilities must not include the amount of energy and capacity proposed pursuant to subsection 6 as annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019; and

             (2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them; and

      (b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary.

      3.  The Commission shall require the utility or utilities to include in the plan:

 


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ê2019 Statutes of Nevada, Page 3517 (CHAPTER 556, SB 547)ê

 

      (a) An energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel and which includes, without limitation, the use of new solar thermal energy sources.

      (b) A proposal for the expenditure of not less than 5 percent of the total expenditures related to energy efficiency and conservation programs on energy efficiency and conservation programs directed to low-income customers of the electric utility.

      (c) A comparison of a diverse set of scenarios of the best combination of sources of supply to meet the demands or the best methods to reduce the demands, which must include at least one scenario of low carbon intensity that includes the deployment of distributed generation.

      (d) An analysis of the effects of the requirements of NRS 704.766 to 704.777, inclusive, on the reliability of the distribution system of the utility or utilities and the costs to the utility or utilities to provide electric service to all customers. The analysis must include an evaluation of the costs and benefits of addressing issues of reliability through investment in the distribution system.

      (e) A list of the utility’s or utilities’ assets described in NRS 704.7338.

      (f) A surplus asset retirement plan as required by NRS 704.734.

      4.  The Commission shall require the utility or utilities to include in the plan a plan for construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility or utilities in meeting the portfolio standard established by NRS 704.7821.

      5.  The Commission shall require the utility or utilities to include in the plan a distributed resources plan. The distributed resources plan must:

      (a) Evaluate the locational benefits and costs of distributed resources. This evaluation must be based on reductions or increases in local generation capacity needs, avoided or increased investments in distribution infrastructure, safety benefits, reliability benefits and any other savings the distributed resources provide to the electricity grid for this State or costs to customers of the electric utility or utilities.

      (b) Propose or identify standard tariffs, contracts or other mechanisms for the deployment of cost-effective distributed resources that satisfy the objectives for distribution planning.

      (c) Propose cost-effective methods of effectively coordinating existing programs approved by the Commission, incentives and tariffs to maximize the locational benefits and minimize the incremental costs of distributed resources.

      (d) Identify any additional spending necessary to integrate cost-effective distributed resources into distribution planning consistent with the goal of yielding a net benefit to the customers of the electric utility or utilities.

      (e) Identify barriers to the deployment of distributed resources, including, without limitation, safety standards related to technology or operation of the distribution system in a manner that ensures reliable service.

      6.  The Commission shall require the utility or utilities to include in the plan a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 on or after May 16, 2019. In developing the proposal and the forecasts in the plan, the utility or utilities must use a sensitivity analysis that, at a minimum, addresses load growth, import capacity, system constraints and the effect of eligible customers purchasing less energy and capacity than authorized by the proposed annual limit.

 


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ê2019 Statutes of Nevada, Page 3518 (CHAPTER 556, SB 547)ê

 

constraints and the effect of eligible customers purchasing less energy and capacity than authorized by the proposed annual limit. The proposal in the plan must include, without limitation:

      (a) A forecast of the load growth of the utility or utilities;

      (b) The number of eligible customers that are currently being served by or anticipated to be served by the utility or utilities;

      (c) Information concerning the infrastructure of the utility or utilities that is available to accommodate market-based new electric resources;

      (d) Proposals to ensure the stability of rates and the availability and reliability of electric service; and

      (e) For each year of the plan, impact fees applicable to each megawatt or each megawatt hour to account for costs reflected in the base tariff general rate and base tariff energy rate paid by end-use customers of the electric utility.

      7.  The annual limits proposed pursuant to subsection 6 shall not apply to energy and capacity sales to an eligible customer if the eligible customer:

      (a) Was not an end-use customer of the electric utility at any time before the effective date of this act; and

      (b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service.

      8.  As used in this section:

      (a) “Carbon intensity” means the amount of carbon by weight emitted per unit of energy consumed.

      (b) “Distributed generation system” has the meaning ascribed to it in NRS 701.380.

      (c) “Distributed resources” means distributed generation systems, energy efficiency, energy storage, electric vehicles and demand-response technologies.

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

      (e) “Energy” has the meaning ascribed to it in NRS 704B.090.

      (f) “New electric resource” has the meaning ascribed to it in NRS 704B.110.

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

      (h) “Renewable energy zones” means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.

      (i) “Sensitivity analysis” means a set of methods or procedures which results in a determination or estimation of the sensitivity of a result to a change in given data or a given assumption.

      Sec. 6. NRS 704.746 is hereby amended to read as follows:

      704.746  1.  After a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.

      2.  The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan.

 


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ê2019 Statutes of Nevada, Page 3519 (CHAPTER 556, SB 547)ê

 

The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.

      3.  In addition to any party to the hearing, any interested person may make comments to the Commission regarding the contents and adequacy of the plan.

      4.  After the hearing, the Commission shall determine whether:

      (a) The forecast requirements of the utility or utilities are based on substantially accurate data and an adequate method of forecasting.

      (b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.

      (c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility or utilities associated with the following possible measures and sources of supply:

             (1) Improvements in energy efficiency;

             (2) Pooling of power;

             (3) Purchases of power from neighboring states or countries;

             (4) Facilities that operate on solar or geothermal energy or wind;

             (5) Facilities that operate on the principle of cogeneration or hydrogeneration;

             (6) Other generation facilities; and

             (7) Other transmission facilities.

      5.  The Commission shall give preference to the measures and sources of supply set forth in paragraph (c) of subsection 4 that:

      (a) Provide the greatest economic and environmental benefits to the State;

      (b) Are consistent with the provisions of this section;

      (c) Provide levels of service that are adequate and reliable;

      (d) Provide the greatest opportunity for the creation of new jobs in this State; and

      (e) Provide for diverse electricity supply portfolios and which reduce customer exposure to the price volatility of fossil fuels and the potential costs of carbon.

Ê In considering the measures and sources of supply set forth in paragraph (c) of subsection 4 and determining the preference given to such measures and sources of supply, the Commission shall consider the cost of those measures and sources of supply to the customers of the electric utility or utilities.

      6.  The Commission shall:

      (a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and

      (b) Consider the value to the public of using water efficiently when it is determining those preferences.

      7.  The Commission shall:

      (a) Consider the level of financial commitment from developers of renewable energy projects in each renewable energy zone, as designated pursuant to subsection 2 of NRS 704.741; and

 


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ê2019 Statutes of Nevada, Page 3520 (CHAPTER 556, SB 547)ê

 

      (b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.

      8.  The Commission shall, after a hearing, review and accept or modify an emissions reduction and capacity replacement plan which includes each element required by NRS 704.7316. In considering whether to accept or modify an emissions reduction and capacity replacement plan, the Commission shall consider:

      (a) The cost to the customers of the electric utility or utilities to implement the plan;

      (b) Whether the plan provides the greatest economic benefit to this State;

      (c) Whether the plan provides the greatest opportunities for the creation of new jobs in this State; and

      (d) Whether the plan represents the best value to the customers of the electric utility or utilities.

      9.  In considering whether to accept or modify a proposal for annual limits on the total amount of energy and capacity that eligible customers may be authorized to purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to NRS 704B.310 after May 16, 2019, which is included in the plan pursuant to subsection 6 of NRS 704.741, the Commission shall consider whether the proposed annual limits:

      (a) Further the public interest, including, without limitation, whether the proposed annual limits promote safe, economic, efficient and reliable electric service to all customers of electric service in this State;

      (b) Align an economically viable utility model with state public policy goals; and

      (c) Encourage the development and use of renewable energy resources located in this State and, in particular, renewable energy resources that are coupled with energy storage.

      Sec. 7. Chapter 704B of NRS is hereby amended by adding thereto the provisions set forth as sections 8, 9 and 10 of this act.

      Sec. 8. “License” means a license to sell energy, capacity and ancillary services to an eligible customer issued by the Commission pursuant to section 9 of this act.

      Sec. 9. 1.  To qualify for a license, a provider of new electric resources must do all of the following:

      (a) Submit an application for the license to the Commission that includes all information deemed necessary by the Commission to determine whether the provider of new electric resources is qualified to obtain a license pursuant to this section.

      (b) Demonstrate to the satisfaction of the Commission that the provider of new electric resources is authorized to conduct business pursuant to the laws of this State and the ordinances of the county, city or town in which the provider sells or will sell to sell energy, capacity and ancillary services to eligible customers.

      (c) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the technical competence necessary to sell energy, capacity and ancillary services to eligible customers.

      (d) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the managerial competence necessary to sell energy, capacity and ancillary services to eligible customers.

 


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ê2019 Statutes of Nevada, Page 3521 (CHAPTER 556, SB 547)ê

 

      (e) Demonstrate to the satisfaction of the Commission that the provider of new electric resources has the financial capability to sell energy, capacity and ancillary services to eligible customers.

      (f) Demonstrate to the satisfaction of the Commission financial responsibility.

      (g) Demonstrate to the satisfaction of the Commission fitness to sell energy, capacity and ancillary services to eligible customers. In determining whether a provider of new electric resources is fit to sell energy, capacity and ancillary services to eligible customers, the Commission may consider:

             (1) Whether legal action has been taken against the provider or any of its affiliates in another jurisdiction;

             (2) Whether customer complaints have been made concerning the provider or any of its affiliates in another jurisdiction; and

             (3) The nature of any legal action or customer complaint against the provider or any of its affiliates in another jurisdiction.

      (h) Demonstrate to the satisfaction of the Commission that the provider of new electric resources is in compliance with or will comply with NRS 704.78213.

      2.  The Commission may issue a license to a provider of new electric resources that is qualified for a license pursuant to subsection 1. The Commission, after notice and a hearing in the manner set forth in chapter 703 of NRS, may deny the application of a provider of new electric resources for a license or limit, suspend or revoke a license issued to a provider of new electric resources if such action is necessary to protect the public interest or to enforce a provision of the laws of this State or a regulation adopted by the Commission that is applicable to the provider of new electric resources.

      3.  The Commission may adopt regulations requiring each provider of new electric resources to submit to the Commission such information as the Commission determines is necessary to ensure that:

      (a) Each provider of new electric resources has sufficient energy, capacity and ancillary services, or the ability to obtain energy, capacity and ancillary services, to satisfy the demand of each eligible customer purchasing energy, capacity or ancillary services from the provider;

      (b) Eligible customers served by a provider of new electric resources will receive safe and reliable service from the provider; and

      (c) Each provider of new electric resources complies with this chapter and any other laws of this State applicable to each provider.

      Sec. 10. 1.  The Commission shall by regulation establish a procedure for an eligible customer who is purchasing energy, capacity or ancillary services from a provider of new electric resources to apply to the Commission to purchase bundled electric service from an electric utility. The Commission may, as it deems necessary and appropriate to prevent harm to the customers of an electric utility:

      (a) Establish a limit on the number of times an eligible customer may be approved to purchase energy, capacity or ancillary services from a provider of new electric resources; and

      (b) Establish limitations on the use of the tariffs approved by the Commission pursuant to NRS 704B.330.

 


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      2.  If the Commission approves an application submitted pursuant to the regulations required to be adopted by subsection 1, the Commission shall order such terms and conditions as the Commission deems necessary and appropriate to ensure that the purchase of bundled electric service from an electric utility does not harm the existing customers of the electric utility.

      Sec. 11. NRS 704B.010 is hereby amended to read as follows:

      704B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 704B.020 to 704B.140, inclusive, and section 8 of this act have the meanings ascribed to them in those sections.

      Sec. 12. NRS 704B.080 is hereby amended to read as follows:

      704B.080  “Eligible customer” means an end-use customer which is:

      1.  A nongovernmental commercial or industrial end-use customer that [has] :

      (a) Was an end-use customer of an electric utility at any time before the effective date of this act; and

      (b) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.

      2.  A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:

      (a) Was an end-use customer of an electric utility at any time before the effective date of this act;

      (b) Performs its functions using one or more facilities which are operated under a common budget and common control; and

      [(b)](c) Has an average annual load of 1 megawatt or more in the service territory of an electric utility.

      3.  A governmental entity, including, without limitation, a governmental entity providing educational or health care services, that:

      (a) Was not an end-use customer of an electric utility at any time before the effective date of this act;

      (b) Performs its functions using one or more facilities which are operated under a common budget and common control; and

      (c) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.

      4.  A nongovernmental commercial or industrial end-use customer that:

      (a) Was not an end-use customer of an electric utility at any time before the effective date of this act; and

      (b) Would have an average annual load of 1 megawatt or more in the service territory of an electric utility.

      Sec. 13. NRS 704B.110 is hereby amended to read as follows:

      704B.110  “New electric resource” means [:

      1.  The] the energy, capacity or ancillary services and any increased or additional energy, capacity or ancillary services which are [:] able to be delivered to an eligible customer and are made available:

      [(a) Made available from a]

      1.  From an identifiable generation asset that is not owned by an electric utility or is not subject to contractual commitments to an electric utility that make the energy, capacity or ancillary services from the generation asset unavailable for purchase by an eligible customer; [and

      (b) Able to be delivered to an eligible customer.] or

 


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      2.  [Any increased energy, capacity or ancillary services made available from a generation asset pursuant to an agreement described in NRS 704B.260.] By way of market purchases through a provider of new electric resources.

      Sec. 14. NRS 704B.170 is hereby amended to read as follows:

      704B.170  1.  The provisions of this chapter do not alter, diminish or otherwise affect any rights or obligations arising under any contract which requires an electric utility to purchase energy, capacity or ancillary services from another party . [and which exists on July 17, 2001.]

      2.  Each electric utility or its assignee shall comply with the terms of any contract which requires the electric utility or its assignee to purchase energy, capacity or ancillary services from another party . [and which exists on July 17, 2001.]

      Sec. 15. NRS 704B.210 is hereby amended to read as follows:

      704B.210  The Commission shall, not later than 2 business days after receiving a request in writing from the Legislative Commission, submit to the Legislative Commission a written report which summarizes for the period requested by the Legislative Commission:

      1.  Each application which was filed with the Commission pursuant to the provisions of this chapter and which requested approval of a proposed transaction between an eligible customer and a provider of new electric resources;

      2.  The public information that the eligible customer included with the application;

      3.  The findings of the Commission concerning the effect of the proposed transaction on the public interest; and

      4.  Whether the Commission approved the application and, if so, the effective date of the proposed transaction, the terms and conditions of the proposed transaction, and the terms, conditions and payments ordered by the Commission.

      Sec. 16. NRS 704B.300 is hereby amended to read as follows:

      704B.300  1.  Except as otherwise provided in this section, a provider of new electric resources may sell energy, capacity or ancillary services to one or more eligible customers if [:] the provider holds a valid license and:

      (a) The eligible customers have been approved to purchase energy, capacity and ancillary services from the provider pursuant to the provisions of NRS 704B.310 ; [and 704B.320;] or

      (b) The transaction complies with the provisions of NRS 704B.325.

      2.  A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer if the transaction violates the provisions of this chapter.

      3.  A provider of new electric resources that sells energy, capacity or ancillary services to an eligible customer pursuant to the provisions of this chapter:

      (a) Does not become and shall not be deemed to be a public utility solely because of that transaction; and

      (b) [Does not become and shall not be deemed to be] Becomes subject to the jurisdiction of the Commission [except as otherwise provided in this chapter or by specific statute.] only for the purposes of this chapter and NRS 704.033, 704.035 and 704.7801 to 704.7828, inclusive.

 


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      4.  If a provider of new electric resources is not a public utility in this state and is not otherwise authorized by the provisions of a specific statute to sell energy, capacity or ancillary services at retail in this state, the provider shall not sell energy, capacity or ancillary services at retail in this state to a person or entity that is not an eligible customer.

      Sec. 17. NRS 704B.310 is hereby amended to read as follows:

      704B.310  1.  An eligible customer [that is purchasing bundled electric service for all or any part of its load from an electric utility] shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless:

      (a) The eligible customer files an application with the Commission between January 2 and February 1 of any year and not later than [180] 280 days before the date on which the eligible customer intends to begin purchasing energy, capacity or ancillary services from the provider ; [, except that the Commission may allow the eligible customer to file the application within any shorter period that the Commission deems appropriate; and]

      (b) The Commission approves the application by a written order issued in accordance with the provisions of this section [and NRS 704B.320.] ; and

      (c) The provider holds a valid license.

      2.  Except as otherwise provided in subsection 3, each application filed pursuant to this section must include:

      (a) [Information] Specific information demonstrating that the person filing the application is an eligible customer;

      (b) Information demonstrating that the proposed provider will provide energy, capacity or ancillary services from a new electric resource;

      (c) [Information] Specific information concerning the terms and conditions of the proposed transaction that is necessary for the Commission to evaluate the impact of the proposed transaction on customers and the public interest, including, without limitation, information concerning the duration of the proposed transaction , the point of receipt of the energy, capacity or ancillary services and the amount of energy, capacity or ancillary services to be purchased from the provider; [and]

      (d) Specific information identifying transmission requirements associated with the proposed transaction and the extent to which the proposed transaction requires transmission import capacity; and

      (e) Any other information required pursuant to the regulations adopted by the Commission.

      3.  [Except as otherwise provided in NRS 704B.320, the] The Commission shall not require the eligible customer or provider to disclose:

      (a) The price that is being paid by the eligible customer to purchase energy, capacity or ancillary services from the provider; or

      (b) Any other terms or conditions of the proposed transaction that the Commission determines are commercially sensitive.

      4.  The Commission shall provide public notice of the application of the eligible customer and an opportunity for a hearing on the application in a manner that is consistent with the provisions of NRS 703.320 and the regulations adopted by the Commission.

      5.  The Commission shall not approve the application of the eligible customer unless the Commission finds that the proposed transaction:

 


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      (a) Will be [contrary to] in the public interest; [or

      (b) Does not comply with the provisions of NRS 704B.320, if those provisions apply to the proposed transaction.] and

      (b) Will not cause the total amount of energy and capacity that eligible customers purchase from providers of new electric resources through transactions approved by the Commission pursuant to an application submitted pursuant to this section on or after May 16, 2019, to exceed an annual limit set forth in a plan filed with the Commission pursuant to NRS 704.741 and accepted by the Commission pursuant to NRS 704.751.

      6.  In determining whether the proposed transaction will be [contrary to] in the public interest, the Commission shall consider, without limitation:

      (a) Whether the electric utility that has been providing electric service to the eligible customer will [be burdened by] experience increased costs as a result of the proposed transaction [or whether] ;

      (b) Whether any remaining customer of the electric utility will pay increased costs for electric service or forgo the benefit of a reduction of costs for electric service as a result of the proposed transaction; and

      [(b)](c) Whether the proposed transaction will impair system reliability or the ability of the electric utility to provide electric service to its remaining customers . [; and

      (c) Whether the proposed transaction will add energy, capacity or ancillary services to the supply in this State.]

      7.  If the Commission approves the application of the eligible customer:

      (a) The eligible customer shall not begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction sooner than [180] 280 days after the date on which the application was filed, unless the Commission allows the eligible customer to begin purchasing energy, capacity or ancillary services from the provider at an earlier date; and

      (b) The Commission shall order such terms, conditions and payments as the Commission deems necessary and appropriate to ensure that the proposed transaction will [not] be [contrary to] in the public interest. [Such] Except as otherwise provided in subsection 8, such terms, conditions and payments:

             (1) Must be fair and nondiscriminatory as between the eligible customer and the remaining customers of the electric utility [; and] , except that the terms, conditions and payments must assign all identifiable but unquantifiable risk to the eligible customer;

             (2) Must include, without limitation:

                   (I) Payment by the eligible customer to the electric utility of the eligible customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility; and

                   (II) Payment by the eligible customer , or the provider of new electric resources, as applicable, of the annual assessment and any other tax, fee or assessment required by NRS 704B.360 [.] ;

             (3) Must establish payments calculated in a manner that provides the eligible customer with only its load-ratio share of the benefits associated with forecasted load growth if load growth is utilized to mitigate the impact of the eligible customer’s proposed transaction; and

             (4) Must ensure that the eligible customer pays its load-ratio share of the costs associated with the electric utility’s obligations that were incurred as deviations from least-cost resource planning pursuant to the laws of this State including, without limitation, costs incurred to satisfy the requirements of NRS 704.7821 and implement the provisions of NRS 701B.240, 701B.336, 701B.580, 701B.670, 701B.820, 702.160, 704.773, 704.7827, 704.7836, 704.785, and Senate Bill No.

 


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requirements of NRS 704.7821 and implement the provisions of NRS 701B.240, 701B.336, 701B.580, 701B.670, 701B.820, 702.160, 704.773, 704.7827, 704.7836, 704.785, and Senate Bill No. 329 and Assembly Bill No. 465 of the 2019 Legislative Session.

      8.  An eligible customer who:

      (a) Was not an end-use customer of the electric utility at any time before the effective date of this act; and

      (b) Would have a peak load of 10 megawatts or more in the service territory of an electric utility within 2 years of initially taking electric service,

Ê is required to pay only those costs, fees, charges or rates which apply to current and ongoing legislatively mandated public policy programs, as determined by the Commission.

      9.  If the Commission does not enter a final order on the application of the eligible customer within [150] 210 days after the date on which the application was filed with the Commission [:

      (a) The] , the application shall be deemed to be [approved] denied by the Commission . [; and

      (b) The eligible customer may begin purchasing energy, capacity or ancillary services from the provider pursuant to the proposed transaction.]

      Sec. 18. NRS 704B.325 is hereby amended to read as follows:

      704B.325  1.  An eligible customer that is purchasing energy, capacity or ancillary services from a provider of new electric resources may purchase energy, capacity or ancillary services from an alternative provider without obtaining the approval of the Commission if [the] :

      (a) The terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer [.] , including, without limitation, any terms and conditions, other than the price of the energy, capacity or ancillary services, that were approved by the Commission to address the factors considered by the Commission pursuant to subsection 6 of NRS 704B.310; and

      (b) The alternative provider holds a license.

      2.  If any terms and conditions of the transaction with the alternative provider, other than the price of the energy, capacity or ancillary services, do not conform to the terms and conditions of the transaction that was originally approved by the Commission with respect to the eligible customer, the eligible customer must obtain approval from the Commission before those nonconforming terms and conditions are enforceable.

      3.  If the eligible customer files a request with the Commission for approval of any nonconforming terms and conditions, the Commission shall review and make a determination concerning the request on an expedited basis.

      4.  Notwithstanding any specific statute to the contrary, information concerning any terms and conditions of the transaction with the alternative provider that the Commission determines are commercially sensitive:

      (a) Must not be disclosed by the Commission except to the Regulatory Operations Staff of the Commission, the Consumer’s Advocate, the staff of the Consumer’s Advocate and the affected electric utility for the purposes of carrying out the provisions of this section; and

 


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ê2019 Statutes of Nevada, Page 3527 (CHAPTER 556, SB 547)ê

 

      (b) Except as otherwise provided in NRS 239.0115, shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.

      Sec. 19. (Deleted by amendment.)

      Sec. 20. NRS 704B.340 is hereby amended to read as follows:

      704B.340  1.  A provider of new electric resources shall not sell energy, capacity or ancillary services to an eligible customer unless the customer has a time-of-use meter installed at the point of delivery of energy to the eligible customer.

      2.  The Commission shall establish the date by which an electric utility must ensure that metering equipment is installed and operational at the point of delivery of energy to the eligible customer.

      3.  An electric utility shall install a time-of-use meter at each point of delivery of energy to the eligible customer if the eligible customer does not have a time-of-use meter at that point of delivery. If the eligible customer is:

      (a) A nongovernmental commercial or industrial end-use customer, the eligible customer or the provider shall pay all costs for the time-of-use meter and for installation of the time-of-use meter by the electric utility.

      (b) A governmental entity, the provider shall pay all costs for the time-of-use meter and for installation of the time-of-use meter by the electric utility.

      [3.]4.  Not more than one person or entity may sell the energy that is delivered to an eligible customer through any one time-of-use meter.

      [4.]5.  The provisions of this section do not prohibit:

      (a) An eligible customer from having more than one time-of-use meter installed for the same service location; or

      (b) An eligible customer from installing any other meter or equipment that is necessary or appropriate to the transaction with the provider, if such a meter or equipment is otherwise consistent with system reliability.

      Sec. 21. NRS 704B.360 is hereby amended to read as follows:

      704B.360  1.  If the Commission approves an application that is filed pursuant to NRS 704B.310 or a request that is filed pursuant to NRS 704B.325, [the Commission shall order] the eligible customer [to:] or the provider of new electric resources, as applicable, shall:

      (a) Pay its share of the annual assessment levied pursuant to NRS 704.033 to the Commission and the Bureau of Consumer Protection in the Office of the Attorney General;

      (b) Pay any other tax, fee or assessment that would be due a governmental entity had the eligible customer continued to purchase energy, capacity or ancillary services from the electric utility; and

      (c) Remit any tax, fee or assessment collected pursuant to paragraph (b) to the applicable governmental entity.

      2.  Each person or entity that is responsible for billing an eligible customer shall ensure that the amount which the eligible customer must pay pursuant to paragraph (b) of subsection 1 is set forth as a separate item or entry on each bill submitted to the eligible customer.

      3.  If an eligible customer to whom an order is issued pursuant to subsection 1 thereafter purchases energy, capacity or ancillary services from an alternative provider pursuant to NRS 704B.325 without obtaining the approval of the Commission, the order issued pursuant to subsection 1 continues to apply to the eligible customer.

 


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ê2019 Statutes of Nevada, Page 3528 (CHAPTER 556, SB 547)ê

 

      4.  Upon petition by a governmental entity to which a tax, fee or assessment must be remitted pursuant to this section [,] or the Regulatory Operations Staff of the Commission, the Commission may limit, suspend or revoke any order issued to an eligible customer by the Commission pursuant to NRS 704B.310 [and 704B.320] , limit, suspend or revoke any license issued to a provider of new electric resources pursuant to section 9 of this act, or impose an administrative fine pursuant to NRS 703.380, or both limit, suspend or revoke any order or license and impose an administrative fine pursuant to NRS 703.380, if the Commission, after providing an appropriate notice and hearing, determines that the eligible customer or provider of new electric resources, as applicable, has failed to pay [the] any tax, fee , [or] assessment [.] cost or rate required to be paid or remitted pursuant to subsection 1.

      Sec. 22. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.

 


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ê2019 Statutes of Nevada, Page 3529 (CHAPTER 556, SB 547)ê

 

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, 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.

 


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ê2019 Statutes of Nevada, Page 3530 (CHAPTER 556, SB 547)ê

 

      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. 23. NRS 239C.270 is hereby amended to read as follows:

      239C.270  1.  Each utility and each provider of new electric resources shall:

      (a) Conduct a vulnerability assessment in accordance with the requirements of the federal and regional agencies that regulate the utility [;] or provider; and

      (b) Prepare and maintain an emergency response plan in accordance with the requirements of the federal and regional agencies that regulate the utility [.] or provider.

      2.  Each utility shall:

      (a) As soon as practicable but not later than December 31, 2003, submit its vulnerability assessment and emergency response plan to the Division; and

      (b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.

      3.  Each provider of new electric resources shall:

      (a) As soon as practicable but not later than December 31, 2019, submit its vulnerability assessment and emergency response plan to the Division; and

      (b) At least once each year thereafter, review its vulnerability assessment and emergency response plan and, as soon as practicable after its review is completed but not later than December 31 of each year, submit the results of its review and any additions or modifications to its emergency response plan to the Division.

      4.  Except as otherwise provided in NRS 239.0115, each vulnerability assessment and emergency response plan of a utility or provider of new electric resources and any other information concerning a utility or provider that is necessary to carry out the provisions of this section is confidential and must be securely maintained by each person or entity that has possession, custody or control of the information.

      [4.]5.  Except as otherwise provided in NRS 239C.210, a person shall not disclose such information, except:

      (a) Upon the lawful order of a court of competent jurisdiction;

      (b) As is reasonably necessary to carry out the provisions of this section or the operations of the utility [,] or provider of new electric resources, as determined by the Division;

      (c) As is reasonably necessary in the case of an emergency involving public health or safety, as determined by the Division; or

      (d) Pursuant to the provisions of NRS 239.0115.

 


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ê2019 Statutes of Nevada, Page 3531 (CHAPTER 556, SB 547)ê

 

      [5.]6.  If a person knowingly and unlawfully discloses such information or assists, solicits or conspires with another person to disclose such information, the person is guilty of:

      (a) A gross misdemeanor; or

      (b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:

             (1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or

             (2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.

      7.  As used in this section, “provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.

      Sec. 24.  1.  Notwithstanding any other provision of law, an application filed before the effective date of this act pursuant to NRS 704B.310, as that section existed before the effective date of this act, shall be deemed to be denied by the Public Utilities Commission of Nevada unless the application was filed before May 16, 2019.

      2.  The amendatory provisions of this act governing the consideration and disposition by the Public Utilities Commission of Nevada of an application filed pursuant to NRS 704B.310 do not apply to an application filed before May 16, 2019, and the disposition of such an application must be controlled by the applicable statutes as they existed before the effective date of this act.

      Sec. 25.  Notwithstanding the provisions of NRS 704B.080, as amended by section 12 of this act, an eligible customer who, before the effective date of this act, was approved to purchase energy, capacity or ancillary services from a provider of new electric resources pursuant to the provisions of NRS 704B.310, as that section existed before the effective date of this act, shall be deemed to be an eligible customer on and after the effective date of this act.

      Sec. 26.  1.  Notwithstanding the provisions of NRS 704B.300, as amended by section 16 of this act, a provider of new electric resources who, before the effective date of this act, sold energy, capacity or ancillary services to one or more eligible customers that were approved to purchase energy, capacity or ancillary services from the provider pursuant to NRS 704B.310, as that section existed before the effective date of this act, must be issued a license by the Commission authorizing the provider of new electric resources to sell energy, capacity or ancillary services to that eligible customer if, not later than 30 days after a date established by the Commission by regulation, the provider submits to the Commission an application for a license pursuant to section 9 of this act.

      2.  Notwithstanding the provisions of NRS 704B.310, as amended by section 17 of this act, an eligible customer who, before the effective date of this act, was approved to purchase energy, capacity or ancillary services from a provider of new electric resources pursuant to the provisions of NRS 704B.310, as that section existed before the effective date of this act, may, on and after the effective date of this act, purchase energy, capacity and ancillary services from that provider if, not later than 30 days after a date established by the Commission by regulation, the provider submits to the Commission an application for a license pursuant to section 9 of this act.

 


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ê2019 Statutes of Nevada, Page 3532 (CHAPTER 556, SB 547)ê

 

      3.  Notwithstanding the provisions of NRS 704B.310, as amended by section 17 of this act, an eligible customer who submitted an application pursuant to NRS 704B.310 before May 16, 2019, and was approved to purchase energy, capacity or ancillary services from a provider of new electric resources pursuant to the provisions of NRS 704B.310, as that section existed before the effective date of this act, may, on or after the date of the order authorizing the eligible customer to purchase energy, capacity or ancillary services from a provider of new electric resources, purchase such services from that provider if, not later than 30 days after a date established by the commission by regulation, the provider submits to the Commission an application for a license pursuant to section 9 of this act.

      Sec. 27. NRS 704B.060, 704B.070, 704B.260 and 704B.320 are hereby repealed.

      Sec. 28.  This act becomes effective upon passage and approval.

________

CHAPTER 557, SB 548

Senate Bill No. 548–Committee on Finance

 

CHAPTER 557

 

[Approved: June 12, 2019]

 

AN ACT making an appropriation to the Millennium Scholarship Trust Fund; 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 Millennium Scholarship Trust Fund created by NRS 396.926 the sum of $33,000,000.

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

________

 


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ê2019 Statutes of Nevada, Page 3533ê

 

CHAPTER 558, AB 50

Assembly Bill No. 50–Committee on Legislative Operations and Elections

 

CHAPTER 558

 

[Approved: June 12, 2019]

 

AN ACT relating to elections; revising provisions governing the dates for certain city elections; revising provisions relating to candidates in certain city elections; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under the Nevada Constitution, the Legislature may require city elections to be held in even-numbered years on the statewide election cycle by amending: (1) the general law governing cities and their elections; and (2) the charters of the cities organized under special legislative acts or the commission form of government. (Nev. Const. Art. 4, § 27, Art. 8, § 1; chapters 266, 267 and 293C of NRS) In transitioning city elections to even-numbered years, the Legislature may shorten or lengthen the existing terms of office of elected city officers, without violating federal and state constitutional limitations, where the object of the legislation is to regulate the time of holding city elections, and not merely to reduce or extend the terms of particular incumbents. (Nev. Att’y Gen. Op. 2005-02 (Feb. 8, 2005); Spencer v. Knight, 98 N.E. 342, 346 (Ind. 1912); Long v. City of New York, 81 N.Y. 425, 427-28 (1880); Lanza v. Wagner, 183 N.E.2d 670, 673-74 (N.Y. 1962); State ex rel. Voss v. Davis, 418 S.W.2d 163, 167-72 (Mo. 1967))

      Existing law authorizes the governing body of a city incorporated pursuant to general law to choose by ordinance whether to: (1) hold city elections on the statewide election cycle; or (2) hold a primary city election on the first Tuesday after the first Monday in April and hold a general city election on the second Tuesday after the first Monday in June of odd-numbered years. (NRS 293C.115, 293C.140, 293C.145, 293C.175) Existing provisions of various city charters also authorize the cities incorporated under those charters to make the same choice by ordinance regarding the dates of their city elections, and some of the charter cities currently hold their city elections on the statewide election cycle in even-numbered years, while other charter cities currently hold their city elections in odd-numbered years.

      Sections 1, 2, 4, 5, 6.4, 7.4 and 17-50 of this bill require that all cities hold elections on the statewide election cycle beginning in the year 2022. Sections 3, 3.8, 6.2, 7.2 and 8-16 of this bill amend various provisions relating to city elections, such as the date for filing declarations of candidacy, in order to facilitate the transition to the statewide election cycle.

      Under existing law, the cities of Ely and Fallon are the only cities incorporated pursuant to general law that currently hold their city elections in odd-numbered years. To carry out the transition to the statewide election cycle in those general-law cities, section 51 of this bill provides that officials of those cities who were elected in 2017 will hold office until the city elections are held in 2022, and officials of those cities who will be elected in 2019 will hold office until the city elections are held in 2024.

      Certain charter cities currently hold general municipal elections in June of odd-numbered years (Boulder City, Caliente, Henderson, Las Vegas, North Las Vegas and Yerington). Sections 17-50 of this bill amend the charter of each of those cities to require that the cities hold their city elections on the same dates as the statewide election cycle in even-numbered years. Section 52 of this bill provides for the terms of office of officials of such cities who were elected in 2017 or who will be elected in 2019, and the terms of office of municipal judges who were elected to 6-year terms in 2015 or 2017 or who will be elected in 2019, to be extended by 1 year to allow for the transition to the statewide election cycle. Section 52.5 of this bill requires Boulder City to transition to the statewide election cycle in accordance with the ordinance adopted by the City Council of Boulder City for such purpose effective November 1, 2018.

 


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ê2019 Statutes of Nevada, Page 3534 (CHAPTER 558, AB 50)ê

 

      Under existing law, with limited exception, a judicial candidate for justice of the Supreme Court, judge of the Court of Appeals, judge of a district court or justice of the peace must file a declaration of candidacy with the appropriate filing officer in January in even-numbered years. (NRS 293.177) Depending on the organization of a city and its population category, existing law provides that a judge of a municipal court of the city may be either elected or appointed to office or, under certain circumstances, a justice of the peace of the township in which the city is located may serve ex officio as a judge of a municipal court of the city. (NRS 5.020, 266.405) If a judge of a municipal court is elected to office, existing law provides that a judicial candidate for the elective office must file a declaration of candidacy with the city clerk: (1) in cities that currently hold their city elections in even-numbered years, in March in even-numbered years; and (2) in cities that currently hold their city elections in odd-numbered years, not less than 60 days or more than 70 days before the date of the primary city election or, if the city does not hold a primary city election, not less than 60 days nor more than 70 days before the date of the general city election. (NRS 293.177, 293C.115, 293C.145, 293C.175)

      Sections 3.8, 6.2 and 7.2 of this bill provide that, beginning in the year 2020, a judicial candidate for the elective office of judge of a municipal court in cities that currently hold their city elections in even-numbered years must file a declaration of candidacy with the city clerk not earlier than the first Monday in January and not later than 5 p.m. on the second Friday after the first Monday in January in even-numbered years, consistent with the filing period for all other judicial candidates in even-numbered years. When all other cities transition to the statewide election cycle beginning in the year 2022, sections 6.4 and 7.4 of this bill provide that all judicial candidates for the elective office of judge of a municipal court must file a declaration of candidacy with the city clerk during that same period in January in even-numbered years.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 293.059 is hereby amended to read as follows:

      293.059  “General city election” means an election held pursuant to NRS [293C.115,] 293C.140 or 293C.145. The term includes a general municipal election held pursuant to the provisions of a special charter of an incorporated city.

      Sec. 2. NRS 293.079 is hereby amended to read as follows:

      293.079  “Primary city election” means an election held pursuant to NRS [293C.115 or] 293C.175. The term includes a primary municipal election held pursuant to the provisions of a special charter of an incorporated city.

      Sec. 3. NRS 293B.354 is hereby amended to read as follows:

      293B.354  1.  The county clerk shall, not later than April 15 of each year in which a general election is held, submit to the Secretary of State for approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of ballots at a polling place, receiving center or central counting place.

      2.  The city clerk shall, not later than [January 1] April 15 of each year in which a general city election is held, submit to the Secretary of State for approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of the ballots at a polling place, receiving center or central counting place.

      3.  Each plan must include:

 


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ê2019 Statutes of Nevada, Page 3535 (CHAPTER 558, AB 50)ê

 

      (a) The location of the central counting place and of each polling place and receiving center;

      (b) A procedure for the establishment of areas within each polling place and receiving center and the central counting place from which members of the general public may observe the activities set forth in subsections 1 and 2;

      (c) The requirements concerning the conduct of the members of the general public who observe the activities set forth in subsections 1 and 2; and

      (d) Any other provisions relating to the accommodation of members of the general public who observe the activities set forth in subsections 1 and 2 which the county or city clerk considers appropriate.

      Sec. 3.8.NRS 293C.115 is hereby amended to read as follows:

      293C.115  1.  The governing body of a city incorporated pursuant to general law may by ordinance provide for a primary city election and a general city election on:

      (a) The dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS; or

      (b) The dates set forth for primary city elections and general city elections pursuant to the provisions of this chapter.

      2.  If a governing body of a city adopts an ordinance pursuant to paragraph (a) of subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165, and in NRS 293.175, [293.177,] 293.345 and 293.368 apply for purposes of conducting the primary city elections and general city elections of the city.

      3.  If a governing body of a city adopts an ordinance pursuant to subsection 1:

      (a) The term of office of any elected city official may not be shortened as a result of the ordinance; and

      (b) Each elected city official holds office until the end of his or her term and until his or her successor has been elected and qualified.

      Sec. 4. NRS 293C.115 is hereby amended to read as follows:

      293C.115  [1.]  The governing body of a city incorporated pursuant to general law [may] shall by ordinance provide for a primary city election and a general city election on [:

      (a) The dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS; or

      (b) The] the dates set forth for primary city elections and general city elections pursuant to the provisions of this chapter.

      [2.  If a governing body of a city adopts an ordinance pursuant to paragraph (a) of subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to 5, inclusive, of NRS 293.165, and in NRS 293.175, 293.345 and 293.368 apply for purposes of conducting the primary city elections and general city elections of the city.

      3.  If a governing body of a city adopts an ordinance pursuant to subsection 1:

      (a) The term of office of any elected city official may not be shortened as a result of the ordinance; and

      (b) Each elected city official holds office until the end of his or her term and until his or her successor has been elected and qualified.]

      Sec. 5. NRS 293C.140 is hereby amended to read as follows:

      293C.140  1.  [Except as otherwise provided in NRS 293C.115, a] A general city election must be held in each city of population categories one and two on the [second] first Tuesday after the first Monday in [June] November of the first [odd-numbered] even-numbered year after incorporation, and [on the same day every] at each successive interval of 2 years , [thereafter as determined by law, ordinance or resolution,] at which time there must be elected the elective city officers, the offices of which are required next to be filled by election.

 


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ê2019 Statutes of Nevada, Page 3536 (CHAPTER 558, AB 50)ê

 

November of the first [odd-numbered] even-numbered year after incorporation, and [on the same day every] at each successive interval of 2 years , [thereafter as determined by law, ordinance or resolution,] at which time there must be elected the elective city officers, the offices of which are required next to be filled by election. All candidates, except as otherwise provided in NRS 266.220, at the general city election must be voted upon by the electors of the city at large.

      2.  [Unless the terms of office of city council members are extended by an ordinance adopted pursuant to NRS 293C.115, the] The terms of office of the council members are 4 years, which terms must be staggered. The council members elected to office immediately after incorporation shall decide, by lot, among themselves which of their offices expire at the next general city election, and thereafter the terms of office must be 4 years . [unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115.]

      Sec. 6. (Deleted by amendment.)

      Sec. 6.2.NRS 293C.145 is hereby amended to read as follows:

      293C.145  1.  Except as otherwise provided in NRS 293C.115, a general city election must be held in each city of population category three on the second Tuesday after the first Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 years thereafter, as determined by ordinance.

      2.  There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of population category three. Unless the terms of office of the mayor and the council members are extended by an ordinance adopted pursuant to NRS 293C.115, the terms of office of the mayor and the council members are 4 years, which terms must be staggered. The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115. If a city council thereafter increases the number of council members, it shall, by lot, stagger the initial terms of the additional members.

      3.  [Except as otherwise provided in NRS 293C.115, a] A candidate for [any] an office to be voted for at the general city election must file a declaration of candidacy with the city clerk :

      (a) If the city has provided by ordinance for a general city election on the same date as the statewide general election pursuant to chapter 293 of NRS and the candidate is filing for:

             (1) The office of judge of a municipal court, not earlier than the first Monday in January of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January.

             (2) Any other office, not earlier than the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

      (b) If the city has not provided by ordinance for a general city election on the same date as the statewide general election pursuant to chapter 293 of NRS, not [less] earlier than [60 days nor more] the 70th day before the applicable election is to be held and not later than [70 days] 5 p.m. on the 60th day before the [day of the general city election. The] applicable election is to be held.

 


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ê2019 Statutes of Nevada, Page 3537 (CHAPTER 558, AB 50)ê

 

      4.  At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate , and the candidate must pay to the city clerk, [at the time of filing the declaration of candidacy,] a filing fee in an amount fixed by the city council by ordinance or resolution.

      [4.] 5.  Candidates for mayor must be voted upon by the electors of the city at large. Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

      Sec. 6.4.NRS 293C.145 is hereby amended to read as follows:

      293C.145  1.  [Except as otherwise provided in NRS 293C.115, a] A general city election must be held in each city of population category three on the [second] first Tuesday after the first Monday in [June] November of the first [odd-numbered] even-numbered year after incorporation, and [on the same day every] at each successive interval of 2 years . [thereafter, as determined by ordinance.]

      2.  There must be one mayor and three or five council members, as the city council shall provide by ordinance, for each city of population category three. [Unless the terms of office of the mayor and the council members are extended by an ordinance adopted pursuant to NRS 293C.115, the] The terms of office of the mayor and the council members are 4 years, which terms must be staggered. The mayor and council members elected to office immediately after incorporation shall decide, by lot, among themselves which two of their offices expire at the next general city election, and thereafter the terms of office must be 4 years . [unless the terms are extended by an ordinance adopted pursuant to NRS 293C.115.] If a city council thereafter increases the number of council members, it shall, by lot, stagger the initial terms of the additional members.

      3.  A candidate for an office to be voted for at the general city election must file a declaration of candidacy with the city clerk [:] not earlier than:

      (a) [If the city has provided by ordinance for a general city election on the same date as the statewide general election pursuant to chapter 293 of NRS and the candidate is filing for:

             (1) The] For the office of judge of a municipal court, [not earlier than] the first Monday in January of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January.

             [(2) Any]

      (b) For any other office, [not earlier than] the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

      [(b) If the city has not provided by ordinance for a general city election on the same date as the statewide general election pursuant to chapter 293 of NRS, not earlier than the 70th day before the applicable election is to be held and not later than 5 p.m. on the 60th day before the applicable election is to be held.]

      4.  At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the city council by ordinance or resolution.

 


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ê2019 Statutes of Nevada, Page 3538 (CHAPTER 558, AB 50)ê

 

      5.  Candidates for mayor must be voted upon by the electors of the city at large. Candidates for the city council must be voted upon by the electors of their respective wards to represent the wards in which they reside or by the electors of the city at large in accordance with the provisions of chapter 266 of NRS.

      Sec. 7. (Deleted by amendment.)

      Sec. 7.2. NRS 293C.175 is hereby amended to read as follows:

      293C.175  1.  Except as otherwise provided in NRS 293C.115, a primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the first Tuesday after the first Monday in April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

      2.  [Except as otherwise provided in NRS 293C.115, a] A candidate for [any] an office to be voted for at the primary or general city election must file a declaration of candidacy with the city clerk :

      (a) If the city has provided by ordinance for the primary and general city elections on the same dates, respectively, as the statewide primary and general elections pursuant to chapter 293 of NRS and the candidate is filing for:

             (1) The office of judge of a municipal court, not earlier than the first Monday in January of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January.

             (2) Any other office, not earlier than the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

      (b) If the city has not provided by ordinance for the primary and general city elections on the same dates, respectively, as the statewide primary and general elections pursuant to chapter 293 of NRS, not [less] earlier than [60 days or more] the 70th day before the applicable election is to be held and not later than [70 days] 5 p.m. on the 60th day before the [date of the primary city election. The] applicable election is to be held.

      3.  At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate , and the candidate must pay to the city clerk, [at the time of filing the declaration of candidacy,] a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

      [3.] 4.  All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

      [4.] 5.  If, in a primary city election held in a city of population category one or two, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

      Sec. 7.3. (Deleted by amendment.)

 


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      Sec. 7.4. NRS 293C.175 is hereby amended to read as follows:

      293C.175  1.  [Except as otherwise provided in NRS 293C.115, a] A primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the [first] second Tuesday [after the first Monday] in [April] June of [every] each even-numbered year , [in which a general city election is to be held,] at which time there must be nominated candidates for offices to be voted for at the next general city election.

      2.  A candidate for an office to be voted for at the primary or general city election must file a declaration of candidacy with the city clerk [:] not earlier than:

      (a) [If the city has provided by ordinance for the primary and general city elections on the same dates, respectively, as the statewide primary and general elections pursuant to chapter 293 of NRS and the candidate is filing for:

             (1) The] For the office of judge of a municipal court, [not earlier than] the first Monday in January of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in January.

             [(2) Any]

      (b) For any other office, [not earlier than] the first Monday in March of the year in which the applicable election is to be held and not later than 5 p.m. on the second Friday after the first Monday in March.

      [(b) If the city has not provided by ordinance for the primary and general city elections on the same dates, respectively, as the statewide primary and general elections pursuant to chapter 293 of NRS, not earlier than the 70th day before the applicable election is to be held and not later than 5 p.m. on the 60th day before the applicable election is to be held.]

      3.  At the time that a candidate files a declaration of candidacy, the city clerk shall charge and collect from the candidate, and the candidate must pay to the city clerk, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

      4.  All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

      5.  If, in a primary city election held in a city of population category one or two, one candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

      Sec. 7.7.NRS 293C.180 is hereby amended to read as follows:

      293C.180  1.  If at 5 p.m. on the last day for filing a declaration of candidacy, there is only one candidate who has filed for nomination for an office, that candidate must be declared elected and no election may be held for that office.

      2.  Except as otherwise provided in subsection 1, if not more than twice the number of candidates to be elected have filed for nomination for an office, the names of those candidates must be omitted from all ballots for a primary city election and placed on all ballots for a general city election.

 


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office, the names of those candidates must be omitted from all ballots for a primary city election and placed on all ballots for a general city election.

      3.  If more than twice the number of candidates to be elected have filed for nomination for an office, the names of the candidates must appear on the ballot for a primary city election. Except as otherwise provided in subsection [4] 5 of NRS 293C.175, those candidates who receive the highest number of votes at that election, not to exceed twice the number to be elected, must be declared nominees for the office.

      Sec. 8. NRS 293C.185 is hereby amended to read as follows:

      293C.185  1.  Except as otherwise provided in NRS [293C.115 and] 293C.190, a name may not be printed on a ballot to be used at a primary or general city election unless the person named has , in accordance with NRS 293C.145 or 293C.175, as applicable, timely filed a declaration of candidacy or an acceptance of candidacy and [has] paid the fee established by the governing body of the city . [not earlier than 70 days before the primary city election and not later than 5 p.m. on the 60th day before the primary city election.]

      2.  A declaration or acceptance of candidacy required to be filed [by] pursuant to this [section] chapter must be in substantially the following form:

 

Declaration of Candidacy of ........ for the

Office of ................

 

State of Nevada

 

City of..............................................

 

For the purpose of having my name placed on the official ballot as a candidate for the office of .................., I, .................., the undersigned do swear or affirm under penalty of perjury that I actually, as opposed to constructively, reside at .................., in the City or Town of .................., County of .................., State of Nevada; that my actual, as opposed to constructive, residence in the city, township or other area prescribed by law to which the office pertains began on a date at least 30 days immediately preceding the date of the close of filing of declarations of candidacy for this office; that my telephone number is .................., and the address at which I receive mail, if different than my residence, is ..................; that I am a qualified elector pursuant to Section 1 of Article 2 of the Constitution of the State of Nevada; that if I have ever been convicted of treason or a felony, my civil rights have been restored by a court of competent jurisdiction; that if nominated as a candidate at the ensuing election I will accept the nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practices in campaigns and elections in this State; that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution and laws of this State concerning the number of years or terms for which a person may hold the office; that I understand that knowingly and willfully filing a declaration of candidacy or acceptance of candidacy which contains a false statement is a crime punishable as a gross misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 


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misdemeanor and also subjects me to a civil action disqualifying me from entering upon the duties of the office; and that I understand that my name will appear on all ballots as designated in this declaration.

 

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

                                                                  (Designation of name)

 

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

                                                          (Signature of candidate for office)

 

Subscribed and sworn to before me

this ...... day of the month of ...... of the year ......

 

                                                                                                  

                         Notary Public or other person

                       authorized to administer an oath

 

      3.  The address of a candidate that must be included in the declaration or acceptance of candidacy pursuant to subsection 2 must be the street address of the residence where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050, if one has been assigned. The declaration or acceptance of candidacy must not be accepted for filing if the candidate fails to comply with the following provisions of this subsection or, if applicable, the provisions of subsection 4:

      (a) The candidate shall not list the candidate’s address as a post office box unless a street address has not been assigned to the residence; and

      (b) Except as otherwise provided in subsection 4, the candidate shall present to the filing officer:

             (1) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate and the candidate’s residential address; or

             (2) A current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the candidate’s name and residential address, but not including a voter registration card issued pursuant to NRS 293.517.

      4.  If the candidate executes an oath or affirmation under penalty of perjury stating that the candidate is unable to present to the filing officer the proof of residency required by subsection 3 because a street address has not been assigned to the candidate’s residence or because the rural or remote location of the candidate’s residence makes it impracticable to present the proof of residency required by subsection 3, the candidate shall present to the filing officer:

      (a) A valid driver’s license or identification card issued by a governmental agency that contains a photograph of the candidate; and

      (b) Alternative proof of the candidate’s residential address that the filing officer determines is sufficient to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050. The Secretary of State may adopt regulations establishing the forms of alternative proof of the candidate’s residential address that the filing officer may accept to verify where the candidate actually, as opposed to constructively, resides in accordance with NRS 281.050.

 


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      5.  The filing officer shall retain a copy of the proof of identity and residency provided by the candidate pursuant to subsection 3 or 4. Such a copy:

      (a) May not be withheld from the public; and

      (b) Must not contain the social security number, driver’s license or identification card number or account number of the candidate.

      6.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the city clerk as his or her agent for service of process for the purposes of a proceeding pursuant to NRS 293C.186. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the city clerk duplicate copies of the process. The city clerk shall immediately send, by registered or certified mail, one of the copies to the candidate at the specified address, unless the candidate has designated in writing to the city clerk a different address for that purpose, in which case the city clerk shall mail the copy to the last address so designated.

      7.  If the city clerk receives credible evidence indicating that a candidate has been convicted of a felony and has not had his or her civil rights restored by a court of competent jurisdiction, the city clerk:

      (a) May conduct an investigation to determine whether the candidate has been convicted of a felony and, if so, whether the candidate has had his or her civil rights restored by a court of competent jurisdiction; and

      (b) Shall transmit the credible evidence and the findings from such investigation to the city attorney.

      8.  The receipt of information by the city attorney pursuant to subsection 7 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293C.186 to which the provisions of NRS 293.2045 apply.

      9.  Any person who knowingly and willfully files a declaration of candidacy or acceptance of candidacy which contains a false statement in violation of this section is guilty of a gross misdemeanor.

      Sec. 9. NRS 293C.190 is hereby amended to read as follows:

      293C.190  1.  [Except as otherwise provided in NRS 293C.115, a vacancy occurring in a nomination for a city office after the close of filing and on or before 5 p.m. of the first Tuesday after the first Monday in March in a year in which a general city election is held must be filled by filing a nominating petition that is signed by at least 1 percent of the persons who are registered to vote and who voted for that office at the last preceding general city election. Except as otherwise provided in NRS 293C.115, the petition must be filed not earlier than the third Tuesday in February and not later than the third Tuesday after the third Monday in March. A candidate nominated pursuant to the provisions of this subsection may be elected only at a general city election, and the candidate’s name must not appear on the ballot for a primary city election.

      2.  Except as otherwise provided in NRS 293C.115, a] A vacancy occurring in a nomination for a city office [after 5 p.m. of the first Tuesday after the first Monday in March and on or] before 5 p.m. of the [second Tuesday after the second Monday in April] fourth Friday in July of the year in which the general city election is held must be filled by the person who received the next highest vote for the nomination in the primary city election [.

 


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      3.  Except to place a candidate nominated pursuant to subsection 1 on the ballot and except as otherwise provided in NRS 293C.115, no] if a primary ci