Link to Page 312

 

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

ê2009 Statutes of Nevada, Page 313 (Chapter 89, SB 335)ê

 

      Sec. 9.  NRS 628.023 is hereby amended to read as follows:

      628.023  “Practice of public accounting” means the offering to perform or the performance by a holder of a live permit [,] or a natural person granted practice privileges pursuant to section 5 of this act, for a client or potential client, of one or more services involving the use of skills in accounting or auditing, one or more services relating to advising or consulting with clients on matters relating to management or the preparation of tax returns and the furnishing of advice on matters relating to taxes.

      Sec. 10.  NRS 628.190 is hereby amended to read as follows:

      628.190  1.  Except as otherwise provided in this section and NRS 628.310, a certificate of certified public accountant must be granted by the Board to any person who:

      (a) Is a resident of this State or, if not a resident, has designated to the Board an agent who is a resident for notification and service of process;

      (b) Is a person who is without any history of acts involving dishonesty or moral turpitude;

      (c) Complies with the requirements of education and experience as provided in NRS 628.200;

      (d) Has submitted to the Board a complete set of his fingerprints and written permission authorizing the Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (e) Has passed the examination prescribed by the Board.

      2.  The Board may refuse to grant a certificate of certified public accountant to an applicant if he has been convicted of a felony [relating to the practice of a certified public accountant under the laws of any state or of the United States.] in this State or an offense in another state or jurisdiction which would be a felony if committed in this State.

      3.  The Board may issue a provisional certificate to an applicant until the Board receives the report from the Federal Bureau of Investigation.

      Sec. 11.  NRS 628.200 is hereby amended to read as follows:

      628.200  1.  Except as otherwise provided in subsection 4, the [requirement] requirements of education for a certificate of certified public accountant [is at] are:

      (a) At least 150 semester hours or an equivalent number of quarter hours ; and [includes a]

      (b) A baccalaureate degree or an equivalent degree from a college or university recognized by the Board:

      [(a)] (1) With a major in accounting, or what the Board determines to be substantially the equivalent of a major in accounting; or

      [(b)] (2) With a major other than accounting supplemented by what the Board determines to be substantially the equivalent of an accounting major, including related courses in other areas of business administration.

      2.  The requirement for experience for a certificate of certified public accountant is:

      (a) Two years of public accounting experience in a partnership, corporation, limited-liability company or sole proprietorship engaged in the practice of public accounting under the direct supervision of a person who is a certified public accountant; or

      (b) Experience in internal auditing work or governmental accounting and auditing work of a character and for a length of time sufficient in the opinion of the Board to be substantially equivalent to the requirements of paragraph (a).

 


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

ê2009 Statutes of Nevada, Page 314 (Chapter 89, SB 335)ê

 

      3.  The Board:

      (a) Shall adopt regulations concerning:

            (1) The number of semester hours or an equivalent number of quarter hours in accounting and other courses required by an applicant to satisfy the requirements of subsection 1.

            (2) The public accounting experience, internal auditing work, and governmental accounting and auditing work required by an applicant to satisfy the requirements of subsection 2.

      (b) May provide by regulation for the substitution of qualified programs of continuing education to satisfy partially the requirement of experience described in paragraph (b) of subsection 2 or may add any program to the requirement of experience.

      4.  Notwithstanding any provision of this section to the contrary, an applicant for a certificate of certified public accountant who has received conditional credit pursuant to NRS 628.260 for passing a section of the examination required for a certificate, and who applies that credit to his subsequent passage of the examination, is subject to the educational requirements to receive a certificate that were in effect on the date on which he first received the conditional credit.

      Sec. 12.  NRS 628.230 is hereby amended to read as follows:

      628.230  1.  The Board shall prescribe by regulation the [methods] :

      (a) Methods of applying for [and] an examination;

      (b) Methods of completing an examination, including grading and the requirements to pass the examination [.] ; and

      (c) Education required to be eligible to take an examination.

      2.  The Board may use [all or any part of the Uniform Certified Public Accountant Examination and Advisory Grading Service of the American Institute of Certified Public Accountants as it deems appropriate to assist it in performing its duties hereunder.] an examination from any provider as approved by the Board.

      Sec. 13.  NRS 628.240 is hereby amended to read as follows:

      628.240  A candidate for a certificate of certified public accountant [,] who has met the educational requirements as [provided in NRS 628.200,] prescribed by the Board pursuant to NRS 628.230 is eligible to take the examination without waiting until he meets the requirements of experience if he also meets the requirements of paragraphs (a) and (b) of subsection 1 of NRS 628.190.

      Sec. 14.  NRS 628.340 is hereby amended to read as follows:

      628.340  1.  A partnership [engaged in this State in the practice of public accounting shall] required to register with the Board [as a partnership of certified public accountants and] pursuant to section 4 of this act must meet the following requirements:

      (a) At least one general partner must be either a certified public accountant of this State in good standing [.] or, if the partnership is required to register pursuant to paragraph (a) of subsection 3 of section 4 of this act, a natural person granted practice privileges pursuant to section 5 of this act.

      (b) Each partner who is a resident of this State and is personally and regularly engaged within this State in the practice of public accounting as a member thereof , or whose principal place of business is in this State and who is engaged in the practice of professional accounting in this State, must be a certified public accountant of this State in good standing.

 


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

ê2009 Statutes of Nevada, Page 315 (Chapter 89, SB 335)ê

 

      (c) Each partner who is personally [engages] and regularly engaged in the practice of public accounting in this State [and who is not a resident of this State and is not regularly employed in an office of the firm in this State] must be either a certified public accountant of this State in good standing [of some state] or [a jurisdiction of the United States approved by the Board by regulation.] , if the partnership is required to register pursuant to paragraph (a) of subsection 3 of section 4 of this act, a natural person granted practice privileges pursuant to section 5 of this act.

      (d) Each partner who is regularly engaged in the practice of public accounting within the United States must be a certified public accountant in good standing of some state or jurisdiction of the United States . [approved by the Board by regulation.]

      (e) Each manager in charge of an office of the [firm] partnership in this State must be either a certified public accountant of this State in good standing [.] or a natural person granted practice privileges pursuant to section 5 of this act.

      (f) A corporation or limited-liability company which is registered pursuant to NRS 628.343 or 628.345 may be a partner, and a partnership which is registered pursuant to this section may be a general partner, in a partnership engaged in the practice of public accounting.

      2.  Application for registration must be made upon the affidavit of either a general partner who holds a live permit to practice in this State as a certified public accountant [.] or, if the partnership is required to register pursuant to paragraph (a) of subsection 3 of section 4 of this act, a natural person granted practice privileges pursuant to section 5 of this act. The Board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the Board by regulation. A partnership which is so registered may use the words “certified public accountants” or the abbreviation “C.P.A.’s” or “CPA’s” in connection with its partnership name. Notice must be given to the Board within 1 month after the admission to or withdrawal of a partner from any partnership so registered.

      Sec. 15.  NRS 628.343 is hereby amended to read as follows:

      628.343  1.  A corporation [organized for the practice of public accounting shall] required to register with the Board [as a corporation of certified public accountants and] pursuant to section 4 of this act shall comply with the following requirements:

      (a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the Board, except that the corporation may invest its money in a manner not incompatible with the practice of public accounting.

      (b) The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant of some state in good standing.

      (c) At least one shareholder of the corporation must be either a certified public accountant of this State in good standing [.] or, if the corporation is required to register pursuant to paragraph (a) of subsection 3 of section 4 of this act, a natural person granted practice privileges pursuant to section 5 of this act.

      (d) Each manager in charge of an office of the corporation in this State and each shareholder or director who is regularly and personally engaged within this State in the practice of public accounting must be either a certified public accountant of this State in good standing [.]

 


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

ê2009 Statutes of Nevada, Page 316 (Chapter 89, SB 335)ê

 

certified public accountant of this State in good standing [.] or, if the corporation is required to register pursuant to paragraph (a) of subsection 3 of section 4 of this act, a natural person granted practice privileges pursuant to section 5 of this act.

      (e) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.

      (f) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this State adopted by the Board.

      2.  Application for registration must be made upon the affidavit of either a shareholder who holds a live permit to practice in this State as a certified public accountant [.] or, if the corporation is required to register pursuant to paragraph (a) of subsection 3 of section 4 of this act, a natural person granted practice privileges pursuant to section 5 of this act. The Board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the Board by regulation. A corporation which is so registered may use the words “certified public accountants” or the abbreviation “C.P.A.’s” or “CPA’s” in connection with its corporate name. Notice must be given to the Board within 1 month after the admission to or withdrawal of a shareholder from any corporation so registered.

      Sec. 16.  NRS 628.345 is hereby amended to read as follows:

      628.345  1.  A limited-liability company [organized for the practice of public accounting shall] required to register with the Board [as a limited-liability company of certified public accountants and] pursuant to section 4 of this act shall comply with the following requirements:

      (a) The sole purpose and business of the limited-liability company must be to furnish to the public services not inconsistent with this chapter or the regulations of the Board, except that the limited-liability company may invest its money in a manner not incompatible with the practice of public accounting.

      (b) The manager, if any, of the limited-liability company must be a certified public accountant of some state in good standing.

      (c) At least one member of the limited-liability company must be either a certified public accountant of this State in good standing [.] or, if the limited-liability company is required to register pursuant to paragraph (a) of subsection 3 of section 4 of this act, a natural person granted practice privileges pursuant to section 5 of this act.

      (d) Each person in charge of an office of the limited-liability company in this State and each member who is regularly and personally engaged within this State in the practice of public accounting must be either a certified public accountant of this State in good standing [.] or, if the limited-liability company is required to register pursuant to paragraph (a) of subsection 3 of section 4 of this act, a natural person granted practice privileges pursuant to section 5 of this act.

      (e) In order to facilitate compliance with the provisions of this section relating to the ownership of interests, there must be a written agreement binding the members or the limited-liability company to purchase any interest offered for sale by, or not under the ownership or effective control of, a qualified member.

 


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

ê2009 Statutes of Nevada, Page 317 (Chapter 89, SB 335)ê

 

binding the members or the limited-liability company to purchase any interest offered for sale by, or not under the ownership or effective control of, a qualified member.

      (f) The limited-liability company shall comply with other regulations pertaining to limited-liability companies practicing public accounting in this State adopted by the Board.

      2.  Application for registration must be made upon the affidavit of the manager or a member of the limited-liability company. The affiant must hold a live permit to practice in this State as a certified public accountant [.] or, if the limited-liability company is required to register pursuant to paragraph (a) of subsection 3 of section 4 of this act, be a natural person granted practice privileges pursuant to section 5 of this act. The Board shall determine whether the applicant is eligible for registration and may charge an initial fee and an annual renewal fee set by the Board by regulation. A limited-liability company which is so registered may use the words “certified public accountants” or the abbreviation “C.P.A.’s” or “CPA’s” in connection with its name. Notice must be given to the Board within 1 month after the admission to or withdrawal of a member from any limited-liability company so registered.

      Sec. 17.  NRS 628.360 is hereby amended to read as follows:

      628.360  1.  [A] Unless exempt from registration pursuant to section 4 of this act, a partnership engaged in this State in the practice of public accounting shall register with the Board as a partnership of public accountants and meet the following requirements:

      (a) At least one general partner thereof must be a certified public accountant or a registered public accountant of this State in good standing.

      (b) Each partner thereof personally and regularly engaged within this State in the practice of public accounting as a member thereof must be a certified public accountant or a registered public accountant of this State in good standing.

      (c) Each manager in charge of an office of the firm in this State must be a certified public accountant or a registered public accountant of this State in good standing.

      (d) A corporation or limited-liability company which is registered pursuant to NRS 628.363 or 628.365 may be a partner, and a partnership which is registered pursuant to this section may be a general partner, in a partnership engaged in the practice of public accounting.

      2.  Application for registration must be made upon the affidavit of a general partner who holds a live permit to practice in this State as a certified public accountant or as a registered public accountant. The Board shall determine whether the applicant is eligible for registration. The Board may charge a registration fee and renewal fee and a reporting fee in an amount set by regulation. A partnership which is so registered may use the words “public accountants” in connection with its partnership name. Notice must be given to the Board within 1 month after the admission to or withdrawal of a partner from any partnership so registered.

      Sec. 18.  NRS 628.363 is hereby amended to read as follows:

      628.363  1.  [A] Unless exempt from registration pursuant to section 4 of this act, a corporation organized for the practice of public accounting shall register with the Board as a corporation of public accountants and comply with the following requirements:

 


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

ê2009 Statutes of Nevada, Page 318 (Chapter 89, SB 335)ê

 

      (a) The sole purpose and business of the corporation must be to furnish to the public services not inconsistent with this chapter or the regulations of the Board, except that the corporation may invest its money in a manner not incompatible with the practice of public accounting.

      (b) The principal officer of the corporation and any officer or director having authority over the practice of public accounting by the corporation must be a certified public accountant or a registered public accountant of this State in good standing.

      (c) Each manager in charge of an office of the corporation in this State must be a certified public accountant or a registered public accountant of this State in good standing.

      (d) In order to facilitate compliance with the provisions of this section relating to the ownership of stock, there must be a written agreement binding the shareholders or the corporation to purchase any shares offered for sale by, or not under the ownership or effective control of, a qualified shareholder. The corporation may retire any amount of stock for this purpose, notwithstanding any impairment of its capital, so long as one share remains outstanding.

      (e) The corporation shall comply with other regulations pertaining to corporations practicing public accounting in this State adopted by the Board.

      2.  Application for registration must be made upon the affidavit of a shareholder who holds a live permit to practice in this State as a certified public accountant or as a registered public accountant. The Board shall determine whether the applicant is eligible for registration. The Board may charge a registration fee and renewal fee and a reporting fee in an amount set by regulation. A corporation which is so registered may use the words “public accountants” in connection with its corporate name. Notice must be given to the Board within 1 month after the admission to or withdrawal of a shareholder from any corporation so registered.

      Sec. 19.  NRS 628.365 is hereby amended to read as follows:

      628.365  1.  [A] Unless exempt from registration pursuant to section 4 of this act, a limited-liability company organized for the practice of public accounting shall register with the Board as a limited-liability company of public accountants and comply with the following requirements:

      (a) The sole purpose and business of the limited-liability company must be to furnish to the public services not inconsistent with this chapter or the regulations of the Board, except that the limited-liability company may invest its money in a manner not incompatible with the practice of public accounting.

      (b) The manager, if any, of the limited-liability company must be a certified public accountant or a registered public accountant of this State in good standing.

      (c) Each person in charge of an office of the limited-liability company in this State must be a certified public accountant or a registered public accountant of this State in good standing.

      (d) In order to facilitate compliance with the provisions of this section relating to the ownership of interests, there must be a written agreement binding the members or the limited-liability company to purchase any interest offered for sale by, or not under the ownership or effective control of, a qualified member.

 


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

ê2009 Statutes of Nevada, Page 319 (Chapter 89, SB 335)ê

 

      (e) The limited-liability company shall comply with other regulations pertaining to limited-liability companies practicing public accounting in this State adopted by the Board.

      2.  Application for registration must be made upon the affidavit of the manager or a member of the limited-liability company. The affiant must hold a live permit to practice in this State as a certified public accountant or as a registered public accountant. The Board shall determine whether the applicant is eligible for registration. The Board may charge a registration fee and renewal fee and a reporting fee in an amount set by regulation. A limited-liability company which is so registered may use the words “public accountants” in connection with its name. Notice must be given to the Board within 1 month after the admission to or withdrawal of a member of a limited-liability company so registered.

      Sec. 20.  NRS 628.370 is hereby amended to read as follows:

      628.370  1.  Each office established or maintained in this State for the practice of public accounting in this State by a certified public accountant or a partnership, corporation or limited-liability company composed of certified public accountants, or by a registered public accountant or a partnership, corporation or limited-liability company composed of registered public accountants, must be registered annually under this chapter with the Board. The Board may charge a fee for the registration of an office in an amount set by regulation.

      2.  [Each office must be under the supervision of a manager, who may be a partner, shareholder, member or employee holding a certificate and a live permit.

      3.]  The Board shall by regulation prescribe the procedure to be followed in registering offices.

      Sec. 21.  NRS 628.375 is hereby amended to read as follows:

      628.375  1.  Before a certified public accountant [or] , a registered public accountant or a partnership, corporation or limited-liability company composed of certified public accountants or registered public accountants with an office in this State engages in the practice of public accounting in this State under a fictitious name, [it] the person or entity must register the fictitious name with the Board.

      2.  The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that prescribe:

      (a) The procedure for registering a fictitious name with the Board; and

      (b) The fee for registering a fictitious name with the Board.

      Sec. 22.  NRS 628.390 is hereby amended to read as follows:

      628.390  1.  After giving notice and conducting a hearing, the Board may revoke, or may suspend for a period of not more than 5 years, any certificate issued under NRS 628.190 to 628.310, inclusive, any practice privileges granted pursuant to section 4 or 5 of this act, any registration or license granted to a registered public accountant under NRS 628.350, or any registration of a partnership, corporation, limited-liability company , sole proprietorship or office, or may revoke, suspend or refuse to renew any permit issued under NRS 628.380, or may publicly censure the holder of any permit, license or registration or any natural person granted practice privileges pursuant to section 5 of this act, for any one or any combination of the following causes:

 


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

ê2009 Statutes of Nevada, Page 320 (Chapter 89, SB 335)ê

 

      (a) Fraud or deceit in obtaining a certificate as a certified public accountant, or in obtaining registration or a license as a public accountant under this chapter [,] or in obtaining a permit to practice public accounting under this chapter.

      (b) Dishonesty, fraud or gross negligence by a certified or registered public accountant [in the practice of public accounting or, if not in the practice of public accounting, of a kind which adversely affects the ability to perform public accounting.] or a natural person granted practice privileges pursuant to section 5 of this act.

      (c) Violation of any of the provisions of this chapter.

      (d) Violation of a regulation or rule of professional conduct adopted by the Board under the authority granted by this chapter.

      (e) Conviction of a felony relating to the practice of public accounting under the laws of any state or [of the United States relating to the practice of public accounting.] jurisdiction.

      (f) Conviction of any crime [, an] :

            (1) An element of which is dishonesty or fraud [,] ; or

            (2) Involving moral turpitude,

Ê under the laws of any state or [of the United States.] jurisdiction.

      (g) Cancellation, revocation, suspension , placing on probation or refusal to renew authority to practice as a certified public accountant or a registered public accountant by any other state, for any cause other than failure to pay an annual registration fee or to comply with requirements for continuing education or review of his practice in the other state.

      (h) Suspension , [or] revocation or placing on probation of the right to practice before any state or federal agency.

      (i) Unless the person has been placed on inactive or retired status, failure to obtain an annual permit under NRS 628.380, within:

            (1) Sixty days after the expiration date of the permit to practice last obtained or renewed by the holder of a certificate or registrant; or

            (2) Sixty days after the date upon which the holder of a certificate or registrant was granted his certificate or registration, if no permit was ever issued to him, unless the failure has been excused by the Board.

      (j) Conduct discreditable to the profession of public accounting or which reflects adversely upon the fitness of the person to engage in the practice of public accounting.

      (k) Making a false or misleading statement in support of an application for a certificate, registration or permit of another person.

      (l) Committing an act in another state or jurisdiction which would be subject to discipline in that state.

      2.  After giving notice and conducting a hearing, the Board may deny an application to take the examination prescribed by the Board pursuant to NRS 628.190, deny a person admission to such an examination, invalidate a grade received for such an examination or deny an application for a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, to a person who has:

      (a) Made any false or fraudulent statement, or any misleading statement or omission relating to a material fact in an application:

            (1) To take the examination prescribed by the Board pursuant to NRS 628.190; or

            (2) For a certificate issued pursuant to NRS 628.190 to 628.310, inclusive;

 


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

ê2009 Statutes of Nevada, Page 321 (Chapter 89, SB 335)ê

 

      (b) Cheated on an examination prescribed by the Board pursuant to NRS 628.190 or any such examination taken in another state or jurisdiction of the United States;

      (c) Aided, abetted or conspired with any person in a violation of the provisions of paragraph (a) or (b); or

      (d) Committed any combination of the acts set forth in paragraphs (a), (b) and (c).

      3.  In addition to other penalties prescribed by this section, the Board may impose a civil penalty of not more than $5,000 for each violation of this section.

      4.  The Board shall not privately censure the holder of any permit, license , [or] certificate [of] or registration [.] or any natural person granted practice privileges pursuant to section 5 of this act.

      5.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      Sec. 23.  NRS 628.410 is hereby amended to read as follows:

      628.410  1.  The Board may initiate proceedings under this chapter [either on] :

      (a) On its own motion [or on] ;

      (b) On the complaint of any person [.] ; or

      (c) On a complaint made by a board of accountancy of another state.

      2.  A written notice of the hearing must be served on the respondent not less than 30 days before the date of the hearing, either personally or by mailing a copy thereof by registered or certified mail to the address of the respondent last known to the Board.

      3.  If, after having been served with the notice of hearing, the respondent fails to appear at the hearing and defend, the Board may proceed to hear evidence against him and may enter such order as is justified by the evidence. The order is final unless the respondent petitions for a review thereof. Within 30 days after the date of any order, upon a showing of good cause for failing to appear and defend, the Board may reopen the proceedings and may permit the respondent to submit evidence in his behalf.

      4.  At any hearing , a respondent may be represented before the Board by counsel or by a certified public accountant or registered public accountant of this State in good standing. The respondent is entitled, on application to the Board, to the issuance of subpoenas to compel the attendance of witnesses on his behalf.

      5.  The Board, or any member thereof, may issue subpoenas to compel the attendance of witnesses and the production of documents. In case of disobedience to a subpoena , the Board may invoke the aid of any court of this State in requiring the attendance and testimony of witnesses and the production of documentary evidence.

      6.  A hearing may be conducted by:

      (a) The Board, less any member or members who have been disqualified, without the appointment of persons to hear the case in place of the disqualified members; or

      (b) A member of the Board appointed by the Board as a hearing officer, with the remaining members of the Board, less any member or members who have been disqualified, to review the record, make a final decision and issue the order,

 


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

ê2009 Statutes of Nevada, Page 322 (Chapter 89, SB 335)ê

 

Ê unless the Board, after disqualifications, consists of less than three members to hear or review the case, in which circumstance the Governor must appoint one or more qualified persons so that the panel which hears or reviews the case consists of at least three persons.

      7.  A stenographic record of the hearing must be kept and a transcript thereof filed with the Board.

      8.  At all hearings , the Attorney General or one of his deputies designated by him or such other legal counsel as may be employed shall appear and represent the Board.

      9.  The decision of the Board must be by majority vote thereof.

      Sec. 24.  NRS 628.430 is hereby amended to read as follows:

      628.430  All statements, records, schedules, working papers and memoranda made by a certified public accountant , [or] a registered public accountant or a natural person granted practice privileges pursuant to section 5 of this act incident to or in the course of professional service to clients by the accountant, except reports submitted by a certified public accountant , [or] a registered public accountant or a natural person granted practice privileges pursuant to section 5 of this act to a client, are the property of the accountant, in the absence of an express agreement between the accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum may be sold, transferred or bequeathed, without the consent of the client or his personal representative or assignee, to anyone other than one or more surviving partners or new partners of the accountant or to his corporation.

      Sec. 25.  NRS 628.435 is hereby amended to read as follows:

      628.435  1.  A practitioner shall comply with all professional standards for accounting and documentation related to an attestation applicable to particular engagements.

      2.  Except as otherwise provided in this section [,] and in all professional standards for accounting and documentation related to an attestation applicable to particular engagements, a practitioner shall retain all documentation related to an attestation for not less than [7] 5 years after the date [on which the practitioner delivers the attestation to the client.

      2.] of the report containing the attestation.

      3.  Documentation related to an attestation that, at the end of the retention period set forth in [subsection 1,] subsections 1 and 2, is a part of or subject to a pending investigation of, or disciplinary action against, a practitioner must be retained and must not be destroyed until the practitioner has been notified in writing that the investigation or disciplinary action has been closed or concluded.

      [3.  Any change in documentation related to an attestation must set forth the identity of each person making the change, the identity of each person approving the change, the date on which the change is made and the reason for the change if the reason is other than the assembling of preexisting documents. Any documentation related to an attestation which is changed must contain sufficient detail to enable a person reviewing the changed documentation who has relevant knowledge and experience but no previous connection with the attestation, to understand the nature, timing, reasoning for and extent of the change.

      4.  During the 60 days immediately after the date on which a practitioner delivers an attestation to a client, documents may be added to the file for assemblage and documentation of work previously performed. The provisions of this subsection do not authorize the deferral of procedures related to attestations that are otherwise required to be performed before the date of issuance of the attestation.

 


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

ê2009 Statutes of Nevada, Page 323 (Chapter 89, SB 335)ê

 

provisions of this subsection do not authorize the deferral of procedures related to attestations that are otherwise required to be performed before the date of issuance of the attestation.

      5.  Each practitioner shall establish a policy for the retention and destruction of documentation related to any attestation made by the practitioner. The policy must provide for the preservation of documentation related to an attestation for the period required pursuant to subsection 1 and for the authorized custody, security, access, retention and destruction of the documentation. The policy must be in writing and must include, without limitation, procedures for:

      (a) Maintaining back-up copies of electronic documentation related to attestations at secure locations;

      (b) Maintaining documentation related to attestations;

      (c) Approving any changes to documentation related to attestations; and

      (d) Approving the destruction of documentation related to attestations after that documentation is no longer required to be maintained. The procedures must provide for the identification of those persons, by name or position, who are authorized to approve the destruction of the documentation.

      6.] 4.  As used in this section:

      (a) [“Change in documentation related to an attestation” includes any addition, removal, deletion, substitution or editing of documentation related to an attestation, including, without limitation, physical or electronic additions to any file containing documentation related to an attestation or to any preexisting documentation related to an attestation, if the addition, removal, deletion, substitution or editing:

            (1) Occurs after the date on which the attestation is delivered to the client; and

            (2) Is supported by the documentation related to the attestation.

      (b)] “Documentation related to an attestation” includes, without limitation:

            (1) All documentation relating to consultations and resolutions of any differences of professional opinion regarding the exercise of professional judgment relating to an attestation; and

            (2) Documentation of the findings or issues related to the attestation that, based on the judgment of the practitioner after an objective analysis of the facts and circumstances, [are] is determined to be significant, regardless of whether the documentation includes information or data that is inconsistent with the final conclusions of the practitioner.

      [(c)] (b) “Practitioner” means:

            (1) A holder of a certificate issued pursuant to NRS 628.190 to 628.310, inclusive, any registration or license granted to a registered public accountant pursuant to NRS 628.350 or a permit issued pursuant to NRS 628.380; [or]

            (2) A [certified public accountant or registered public accountant or a] partnership, corporation , [or] limited-liability company [composed of certified public accountants or] or sole proprietorship registered [public accountants which does not hold a live permit and does not have a registered office or residence in this State, but has been issued, or has applied for, a temporary permit] pursuant to [NRS 628.440.] section 4 of this act; or

            (3) A natural person granted practice privileges pursuant to section 5 of this act.

 


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

ê2009 Statutes of Nevada, Page 324 (Chapter 89, SB 335)ê

 

      Sec. 26.  NRS 628.440 is hereby amended to read as follows:

      628.440  [1.]  This chapter does not prohibit any person from serving as an employee of, or an assistant to, a certified public accountant or registered public accountant who holds a live permit, or a partnership, corporation or limited-liability company composed of certified public accountants or registered public accountants registered pursuant to NRS [628.340, 628.343, 628.345,] 628.360, 628.363 or 628.365 if the employee or assistant does not issue any accounting or financial statement over his name.

      [2.  The Board may adopt regulations providing for the issuance of temporary permits to persons who do not hold live permits and do not have a registered office or residence in this State, or to partnerships, corporations and limited-liability companies which are not registered and have no registered office, to permit those persons, partnerships, corporations and limited-liability companies to fulfill specific engagements or employments in this State. A temporary permit:

      (a) Is valid for no more than 6 months;

      (b) Covers only one engagement; and

      (c) May not be issued to any person unless he is a certified public accountant or registered public accountant of another state or jurisdiction of the United States approved by the Board, or to any partnership, corporation or limited-liability company unless all of the partners, shareholders or members thereof are certified public accountants or registered public accountants of another state or a jurisdiction of the United States approved by the Board.

      3.  Each person, partnership, corporation and limited-liability company applying for a temporary permit shall file with the Board a designation and acceptance of an agent for service of legal process and shall pay a fee established by the Board by regulation before commencing work for a client.

      4.  The person, partner, shareholder or member who is responsible for the conduct of the engagement shall be deemed to be personally engaged in the practice of public accounting in this State, and must meet all requirements of NRS 628.310 and requirements for continuing education.

      5.  A person who holds a temporary permit is subject to all of the provisions of this chapter relating to discipline. The Board may refuse to act upon an application for further permits for a period of time set by the Board, or may refuse to issue a temporary permit to any person, partnership corporation or limited-liability company if disciplinary proceedings are pending in any jurisdiction.]

      Sec. 27.  NRS 628.450 is hereby amended to read as follows:

      628.450  A natural person shall not assume or use the title or designation “certified public accountant” or the abbreviation “C.P.A.” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that he is a certified public accountant [,] unless he [has] :

      1.  Has received a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit [,] and all of his offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370 [.] ; or

      2.  Is a natural person granted practice privileges pursuant to section 5 of this act.

 


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

ê2009 Statutes of Nevada, Page 325 (Chapter 89, SB 335)ê

 

      Sec. 28.  NRS 628.460 is hereby amended to read as follows:

      628.460  A partnership, corporation , [or] limited-liability company or sole proprietorship shall not assume or use the title or designation “certified public accountant” or the abbreviation “C.P.A.” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership, corporation , [or] limited-liability company or sole proprietorship is composed of certified public accountants unless the partnership, corporation , [or] limited-liability company or sole proprietorship is [registered] :

      1.  Registered as a partnership, corporation , [or] limited-liability company or sole proprietorship of certified public accountants and all offices of the partnership, corporation , [or] limited-liability company or sole proprietorship in this State for the practice of public accounting are maintained and registered as required under NRS 628.370 [.] ; or

      2.  Performing services within the practice of public accounting pursuant to the provisions of subsection 3 of section 4 of this act.

      Sec. 29.  NRS 628.470 is hereby amended to read as follows:

      628.470  A natural person shall not assume or use the title or designation “public accountant,” “registered public accountant” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that he is a public accountant unless he [is] :

      1.  Is a registered public accountant, holds a live permit [,] and all of his offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370 [, or unless he has] ;

      2.  Has received a certificate as a certified public accountant under NRS 628.190 to 628.310, inclusive, holds a live permit [,] and all of his offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370 [.] ; or

      3.  Is a natural person granted practice privileges pursuant to section 5 of this act.

      Sec. 30.  NRS 628.480 is hereby amended to read as follows:

      628.480  A partnership, corporation , [or] limited-liability company or sole proprietorship shall not assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that the partnership, corporation , [or] limited-liability company or sole proprietorship is composed of public accountants [,] unless the partnership, corporation , [or] limited-liability company or sole proprietorship is [registered] :

      1.  Registered as a partnership, corporation , [or] limited-liability company or sole proprietorship of registered public accountants or as a partnership, corporation , [or] limited-liability company or sole proprietorship of certified public accountants and all offices of the partnership, corporation , [or] limited-liability company or sole proprietorship in this State for the practice of public accounting are maintained and registered as required under NRS 628.370 [.] ; or

      2.  Performing services within the practice of public accounting pursuant to the provisions of subsection 3 of section 4 of this act.

      Sec. 31.  NRS 628.490 is hereby amended to read as follows:

      628.490  1.  Except as otherwise provided in subsection 2 [,] and NRS 628.450 to 628.480, inclusive, a person, partnership, corporation , [or] limited-liability company or sole proprietorship shall not assume or use the title or designation “certified accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “C.A.,” “P.A. ” [,”] or similar abbreviations likely to be confused with “C.P.A.”

 


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

ê2009 Statutes of Nevada, Page 326 (Chapter 89, SB 335)ê

 

accountant,” or any of the abbreviations “C.A.,” “P.A. ” [] or similar abbreviations likely to be confused with “C.P.A.”

      2.  Anyone who [holds] :

      (a) Holds a live permit pursuant to NRS 628.380 or is registered as a partnership, corporation, limited-liability company or sole proprietorship pursuant to the provisions of this chapter and all of whose offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370 [and 628.380] ;

      (b) Has been granted practice privileges pursuant to section 5 of this act; or

      (c) Is performing services within the practice of public accounting pursuant to the provisions of subsection 3 of section 4 of this act,

Ê may hold himself out to the public as an [“accountant” or “auditor” and if he is a holder of a certificate, as a “certified public accountant,” “C.P.A.” or “CPA,” or if he is registered, as a “public accountant,” “P.A.” or “PA.”] “accountant,” “auditor” or “certified public accountant.”

      Sec. 32.  NRS 628.510 is hereby amended to read as follows:

      628.510  1.  Except as otherwise provided in subsection 2, a person shall not sign or affix his name or the name of a partnership, corporation , [or] limited-liability company [,] or sole proprietorship, or any trade or assumed name used by him or by the partnership, corporation , [or] limited-liability company or sole proprietorship in business, with any wording indicating that he is an accountant or auditor, or that the partnership, corporation , [or] limited-liability company or sole proprietorship is authorized to practice as an accountant or auditor or with any wording indicating that he or the partnership, corporation , [or] limited-liability company or sole proprietorship has expert knowledge in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless [he] :

      (a) He holds a live permit [,] or the partnership, corporation , [or] limited-liability company or sole proprietorship is registered pursuant to NRS [628.340, 628.343, 628.345,] 628.360, 628.363 or 628.365 or section 4 of this act and all of his offices in this State for the practice of public accounting are maintained and registered under NRS 628.370 [.] ;

      (b) He is a natural person granted practice privileges pursuant to section 5 of this act; or

      (c) The partnership, corporation, limited-liability company or sole proprietorship is performing services within the practice of public accounting pursuant to the provisions of subsection 3 of section 4 of this act.

      2.  The provisions of subsection 1 do not prohibit:

      (a) Any officer, employee, partner, principal or member of any organization from affixing his signature to any statement or report in reference to the financial affairs of that organization with any wording designating the position, title or office which he holds in the organization.

      (b) Any act of a public official or public employee in the performance of his duties as such.

      (c) Any person who does not hold a live permit from preparing a financial statement or issuing a report if the statement or report, respectively, includes a disclosure that:

            (1) The person who prepared the statement or issued the report does not hold a live permit issued by the Board; and

 


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

ê2009 Statutes of Nevada, Page 327 (Chapter 89, SB 335)ê

 

            (2) The statement or report does not purport to have been prepared in compliance with the professional standards of accounting adopted by the Board.

      Sec. 33.  NRS 628.520 is hereby amended to read as follows:

      628.520  A person shall not sign or affix the name of a partnership, corporation , [or] limited-liability company [,] or sole proprietorship with any wording indicating that it is a partnership, corporation , [or] limited-liability company or sole proprietorship composed of accountants or auditors or persons having expert knowledge or special expertise in accounting or auditing, to any accounting or financial statement, or attest to any accounting or financial statement, unless the partnership, corporation , [or] limited-liability company or sole proprietorship is [registered] :

      1.  Registered pursuant to NRS [628.340, 628.343, 628.345,] 628.360, 628.363 or 628.365 or section 4 of this act and all of its offices in this State for the practice of public accounting are maintained and registered as required under NRS 628.370 [.] ; or

      2.  Performing services within the practice of public accounting pursuant to the provisions of subsection 3 of section 4 of this act.

      Sec. 34.  NRS 628.540 is hereby amended to read as follows:

      628.540  1.  Except as otherwise provided in subsection 2, a person, partnership, corporation , [or] limited-liability company or sole proprietorship shall not engage in the practice of public accounting or hold himself or itself out to the public as an “accountant” or “auditor” by use of either or both of those words, or by use of the word “accounting,” or any sign, card, letterhead or in any advertisement or directory unless [, if] :

      (a) If a natural person, he holds a live permit [,] or has been granted practice privileges pursuant to section 5 of this act; or [if]

      (b) If a partnership, corporation , [or] limited-liability company [,] or sole proprietorship, it is registered pursuant to NRS [628.340, 628.343, 628.345,] 628.360, 628.363 or 628.365 [.] or section 4 of this act or is performing services within the practice of public accounting pursuant to the provisions of subsection 3 of section 4 of this act.

      2.  The provisions of subsection 1 do not prohibit:

      (a) Any officer, employee, partner, shareholder, principal or member of any organization from describing himself by the position, title or office he holds in that organization.

      (b) Any act of a public official or public employee in the performance of his duties as such.

      Sec. 35.  NRS 628.550 is hereby amended to read as follows:

      628.550  1.  A person shall not assume or use the title or designation “certified public accountant” or “public accountant” in conjunction with names indicating or implying that there is a partnership, corporation or limited-liability company, or in conjunction with the designation “and Company” or “and Co.” or a similar designation , if there is in fact no bona fide partnership, corporation or limited-liability company [registered] :

      (a) Registered under NRS [628.340, 628.343, 628.345,] 628.360, 628.363 or 628.365 [.] or section 4 of this act; or

      (b) Performing services within the practice of public accounting pursuant to the provisions of subsection 3 of section 4 of this act.

Ê A sole proprietor or partnership lawfully using a title or designation in conjunction with any names or designation on April 1, 1960, may continue to do so if he or it otherwise complies with the provisions of this chapter.

 


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

ê2009 Statutes of Nevada, Page 328 (Chapter 89, SB 335)ê

 

      2.  A person, partnership, corporation or limited-liability company shall not engage in the practice of public accounting under any name which is misleading as to:

      (a) The legal form of the firm;

      (b) The persons who are partners, officers, shareholders or members; or

      (c) Any other matter.

Ê The names of past partners, shareholders or members may be included in the name of a firm or its successors.

      Sec. 36.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 90, SB 343

Senate Bill No. 343–Committee on Health and Education

 

CHAPTER 90

 

AN ACT relating to public welfare; requiring the Director of the Department of Health and Human Services to provide priority access to treatment and services to certain parents who are referred for such treatment or services by an agency which provides child welfare services; requiring the Division of Welfare and Supportive Services of the Department to expedite the application of a person for treatment or services if the person is involved in the child welfare system; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill requires the Director of the Department of Health and Human Services to include in each state plan, to the extent possible, priority for a parent who is referred by an agency which provides child welfare services to certain treatment and services that may help preserve or reunify the family. Section 3 of this bill provides that the application of a person who is referred for treatment or services by an agency which provides child welfare services or a court in a case involving a report of child abuse or neglect must be expedited so that the person can receive the treatment or services in a timely manner.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  The preservation of healthy, unified families in this State is of utmost importance.

      2.  Children removed from their homes are at risk of suffering severe emotional distress.

      3.  To assist at-risk families to remain unified, it is critical that those families receive the treatment and services recommended or required by an agency which provides child welfare services or a court in a timely manner, including without limitation, treatment and services to address mental health, drug or alcohol abuse and after-care and outreach programs.

      4.  At-risk families must be given priority in receiving necessary treatment and services so that the families can be preserved and strengthened.

 


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

ê2009 Statutes of Nevada, Page 329 (Chapter 90, SB 343)ê

 

      Sec. 2.  Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall, to the extent authorized by federal law, include in any state plan adopted pursuant to NRS 422.271 priority for a parent who is referred by an agency which provides child welfare services and who is qualified for public assistance to receive treatment for mental health issues, treatment for substance abuse and any other treatment or services that may assist with preserving or reunifying the family.

      2.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 3.  Chapter 422A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a person who is referred for treatment for mental health issues, treatment for substance abuse or any other treatment or service by an agency which provides child welfare services or by a court in a case involving a report of child abuse or neglect, the Division shall expedite the application of the person for such treatment or services to ensure that the person receives the treatment or services in a timely manner.

      2.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      Sec. 4.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 91, SB 348

Senate Bill No. 348–Committee on Judiciary

 

CHAPTER 91

 

AN ACT relating to trusts; revising certain provisions of the Uniform Principal and Income Act (1997); and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill revises certain existing provisions of the Uniform Principal and Income Act to conform with certain rulings from the Internal Revenue Service regarding the manner in which an individual retirement account or other similar retirement plan left to a trust instead of directly to a spouse qualifies for the federal estate marital tax deduction and thus prevents estate tax from incurring until the surviving spouse dies. Specifically, section 1 provides, in part, that: (1) the spouse has a right to require the income from the individual retirement account or other similar plan to be distributed to the spouse; and (2) to the extent that the individual retirement account or other plan earns income, the trustee is required to pay to the spouse any distributions received from the individual retirement account or other plan. (NRS 164.865)

      Section 2 of this bill revises certain existing provisions of the Uniform Principal and Income Act governing taxes required to be paid by a trustee on the trust’s share of an entity’s taxable income. Specifically, section 2: (1) requires the trustee to pay the taxes on the trust’s share of an entity’s taxable income from income or principal, or both, under certain circumstances; and (2) provides a formula for calculating the amount a trust needs to distribute to a mandatory income beneficiary and the amount it can use to pay taxes. (NRS 164.920)

 


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

ê2009 Statutes of Nevada, Page 330 (Chapter 91, SB 348)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 164.865 is hereby amended to read as follows:

      164.865  1.  As used in this section [, “payment”] :

      (a) “Payment” means a payment that a trustee may receive over a fixed number of years or during the life of one or more natural persons because of services rendered or property transferred to the payor in exchange for future payments. The term includes a payment made in money or property from the payor’s general assets or from a separate fund created by the payor . [, including] As used in subsections 4 to 7, inclusive, the term also includes any payment from any separate fund, regardless of the reason for the payment.

      (b) “Separate fund” includes a private or commercial annuity, an individual retirement account, and a pension, profit-sharing, stock-bonus or stock-ownership plan.

      2.  To the extent that a payment is characterized as interest , [or] a dividend or a payment made in lieu of interest or a dividend, a trustee shall allocate [it] the payment to income. He shall allocate to principal the balance of the payment and any other payment received in the same accounting period that is not characterized as interest, a dividend or an equivalent payment.

      3.  If no part of a payment is characterized as interest, a dividend or an equivalent payment, and all or part of the payment is required to be made, a trustee shall allocate to income 10 percent of the part that is required to be made during the accounting period and the balance to principal. If no part of a payment is required to be made or the payment received is the entire amount to which the trustee is entitled, he shall allocate the entire payment to principal. For purposes of this subsection, a payment is not “required to be made” to the extent that it is made because the trustee exercises a right of withdrawal.

      4.  [If, to obtain an estate tax marital deduction for a trust, a trustee must allocate more of a payment to income than provided for by this section, he shall allocate to income the additional amount necessary to obtain the marital deduction.

      5.]  Except as otherwise provided in subsection 5, the provisions of subsections 6 and 7 apply and the provisions of subsections 2 and 3 do not apply in determining the allocation of a payment made from a separate fund to:

      (a) A trust to which an election to qualify for a marital deduction under section 2056(b)(7) of the Internal Revenue Code, 26 U.S.C. § 2056(b)(7), has been made; or

      (b) A trust that qualifies for the marital deduction under section 2056(b)(5) of the Internal Revenue Code, 26 U.S.C. § 2056(b)(5).

      5.  The provisions of subsections 4, 6 and 7 do not apply if and to the extent that the series of payments would, without the application of subsection 4, qualify for the marital deduction under section 2056(b)(7)(C) of the Internal Revenue Code, 26 U.S.C. § 2056(b)(7)(C).

      6.  A trustee shall determine the internal income of each separate fund for the accounting period as if the separate fund were a trust subject to NRS 164.780 to 164.925, inclusive. Upon request of the surviving spouse, the trustee shall demand that the person administering the separate fund distribute the internal income to the trust.

 


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

ê2009 Statutes of Nevada, Page 331 (Chapter 91, SB 348)ê

 

distribute the internal income to the trust. The trustee shall allocate a payment from the separate fund to income to the extent of the internal income of the separate fund and distribute that amount to the surviving spouse. The trustee shall allocate the balance of the payment to principal. Upon request of the surviving spouse, the trustee shall allocate principal to income to the extent the internal income of the separate fund exceeds payments made from the separate fund to the trust during the accounting period.

      7.  If a trustee cannot determine the internal income of a separate fund but can determine the value of the separate fund, the internal income of the separate fund is deemed to equal 4 percent of the value of the fund, according to the most recent statement of value preceding the beginning of the accounting period. If the trustee can determine neither the internal income of the separate fund nor the value of the fund, the internal income of the fund is deemed to equal the product of the interest rate and the present value of the expected future payments, as determined under section 7520 of the Internal Revenue Code, 26 U.S.C. § 7520, for the month preceding the accounting period for which the computation is made.

      8.  This section does not apply to [payments] a payment to which NRS 164.870 applies.

      Sec. 2.  NRS 164.920 is hereby amended to read as follows:

      164.920  1.  A tax required to be paid by a trustee based on receipts allocated to income must be paid from income.

      2.  A tax required to be paid by a trustee based on receipts allocated to principal must be paid from principal, even if the tax is called an income tax by the taxing authority.

      3.  A tax required to be paid by a trustee on the trust’s share of an entity’s taxable income must be paid : [proportionately:]

      (a) From income to the extent that receipts from the entity are allocated only to income; [and]

      (b) From principal to the extent that [:

            (1) Receipts] receipts from the entity are allocated only to principal; [and

            (2) The trust’s share of the entity’s taxable income exceeds the total receipts described in paragraph (a) and subparagraph (1).]

      (c) Proportionately from principal and income to the extent that receipts from the entity are allocated to both income and principal; and

      (d) From principal to the extent that the tax exceeds the total receipts from the entity.

      4.  [For the purposes of this section, receipts allocated to principal or income must be reduced by the amount distributed to a beneficiary from principal or income for which the trust receives a deduction in calculating the tax.] After applying the provisions of subsections 1, 2 and 3, the trustee shall adjust income or principal receipts to the extent that the taxes on the trust are reduced because the trust receives a deduction for payments made to a beneficiary.

      Sec. 3.  The provisions of NRS 164.865, as amended by section 1 of this act, apply to a trust described in subsection 4 of NRS 164.865 on and after the following dates:

      1.  If the trust is not funded as of October 1, 2009, the date of the decedent’s death.

 


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

ê2009 Statutes of Nevada, Page 332 (Chapter 91, SB 348)ê

 

      2.  If the trust is initially funded in the calendar year beginning January 1, 2009, the date of the decedent’s death.

      3.  If the trust is not described in subsection 1 or 2, January 1, 2009.

________

 

CHAPTER 92, AB 6

Assembly Bill No. 6–Committee on Health and Human Services

 

CHAPTER 92

 

AN ACT relating to mental health; authorizing the release of certain persons admitted to mental health facilities or hospitals under the procedures for emergency admission; revising provisions relating to the process for emergency admissions of persons alleged to be persons with mental illness to certain mental health facilities; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Existing law prescribes the procedures for emergency admission to a mental health facility or hospital. (NRS 433A.145, 433A.150, 433A.160) Under existing law, a person with mental illness who voluntarily admits himself and whose status is changed to an emergency admission must not be detained more than 48 hours after the change in status is made. (NRS 433A.145) Under existing law, a person who is alleged to be a person with mental illness must be released within 72 hours after an emergency admission. (NRS 433A.150) Sections 3 and 4 of this bill provide that a facility may continue to detain a person if a petition is filed by the end of the business day on which the 48 hours or 72 hours, whichever is applicable, expires. Sections 1, 3 and 4 of this bill authorize the release of a person who is admitted under an emergency admission if a licensed physician on the medical staff of the mental health facility or hospital signs a certificate stating that the physician has examined the person and that the person is not a person with mental illness.

      Section 5 of this bill changes the time before which a person alleged to be a person with a mental illness must be examined by one of certain enumerated medical professionals from before the person may be transported to before the person may be admitted to a public or private mental health facility under an emergency admission. Section 5 also requires a petition to be filed with a district court if a person with a mental illness must be held for more than 72 hours for the treatment of a medical condition, other than a psychiatric illness, before being admitted to a mental health facility. (NRS 433A.165)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 433A of NRS is hereby amended by adding thereto a new section to read as follows:

      A licensed physician on the medical staff of a facility operated by the Division or of any other public or private mental health facility or hospital may release a person admitted pursuant to NRS 433A.160 upon completion of a certificate which meets the requirements of NRS 433A.180 signed by a licensed physician on the medical staff of the facility or hospital stating that he has personally observed and examined the person and that he has concluded that the person is not a person with a mental illness.

 


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

ê2009 Statutes of Nevada, Page 333 (Chapter 92, AB 6)ê

 

      Sec. 2.  NRS 433A.115 is hereby amended to read as follows:

      433A.115  1.  As used in NRS 433A.115 to 433A.330, inclusive, and section 1 of this act, unless the context otherwise requires, “person with mental illness” means any person whose capacity to exercise self-control, judgment and discretion in the conduct of his affairs and social relations or to care for his personal needs is diminished, as a result of a mental illness, to the extent that he presents a clear and present danger of harm to himself or others, but does not include any person in whom that capacity is diminished by epilepsy, mental retardation, [Alzheimer’s disease,] dementia, delirium, brief periods of intoxication caused by alcohol or drugs, or dependence upon or addiction to alcohol or drugs, unless a mental illness that can be diagnosed is also present which contributes to the diminished capacity of the person.

      2.  A person presents a clear and present danger of harm to himself if, within the [next] immediately preceding 30 days, he has, as a result of a mental illness:

      (a) Acted in a manner from which it may reasonably be inferred that, without the care, supervision or continued assistance of others, he will be unable to satisfy his need for nourishment, personal or medical care, shelter, self-protection or safety, and if there exists a reasonable probability that his death, serious bodily injury or physical debilitation will occur within the next following 30 days unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act and adequate treatment is provided to him;

      (b) Attempted or threatened to commit suicide or committed acts in furtherance of a threat to commit suicide, and if there exists a reasonable probability that he will commit suicide unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act and adequate treatment is provided to him; or

      (c) Mutilated himself, attempted or threatened to mutilate himself or committed acts in furtherance of a threat to mutilate himself, and if there exists a reasonable probability that he will mutilate himself unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act and adequate treatment is provided to him.

      3.  A person presents a clear and present danger of harm to others if, within the [next] immediately preceding 30 days, he has, as a result of a mental illness, inflicted or attempted to inflict serious bodily harm on any other person, or made threats to inflict harm and committed acts in furtherance of those threats, and if there exists a reasonable probability that he will do so again unless he is admitted to a mental health facility pursuant to the provisions of NRS 433A.115 to 433A.330, inclusive, and section 1 of this act and adequate treatment is provided to him.

      Sec. 3.  NRS 433A.145 is hereby amended to read as follows:

      433A.145  1.  If a person with mental illness is admitted to a public or private mental health facility or hospital as a voluntary client, the facility or hospital shall not change the status of the person to an emergency admission unless the hospital or facility receives, before the change in status is made, an application for an emergency admission pursuant to NRS 433A.160 and the certificate of a psychiatrist, psychologist or physician pursuant to NRS 433A.170.

 


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

ê2009 Statutes of Nevada, Page 334 (Chapter 92, AB 6)ê

 

      2.  A person whose status is changed pursuant to subsection 1 must not be detained in excess of 48 hours after the change in status is made, unless [within that period] , before the close of the business day on which the 48 hours expires, a written petition is filed with the clerk of the district court pursuant to NRS 433A.200.

      3.  If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.

      Sec. 4.  NRS 433A.150 is hereby amended to read as follows:

      433A.150  1.  Any person alleged to be a person with mental illness may, upon application pursuant to NRS 433A.160 and subject to the provisions of subsection 2, be detained in a public or private mental health facility or hospital under an emergency admission for evaluation, observation and treatment.

      2.  Except as otherwise provided in subsection 3, a person detained pursuant to subsection 1 must be released within 72 hours, including weekends and holidays, after the certificate required pursuant to NRS 433A.170 and the examination required by paragraph (a) of subsection 1 of NRS 433A.165 [has] have been completed, if such an examination is required, or within 72 hours, including weekends and holidays, after the person arrives at the mental health facility or hospital, if an examination is not required by paragraph (a) of subsection 1 of NRS 433A.165, unless [within that period] , before the close of the business day on which the 72 hours expires, a written petition for an involuntary court-ordered admission is filed with the clerk of the district court pursuant to NRS 433A.200, including, without limitation, the documents required pursuant to NRS 433A.210, or the status of the person is changed to a voluntary admission.

      3.  If the period specified in subsection 2 expires on a day on which the office of the clerk of the district court is not open, the written petition must be filed on or before the close of the business day next following the expiration of that period.

      Sec. 5.  NRS 433A.165 is hereby amended to read as follows:

      433A.165  1.  Before a person alleged to be a person with mental illness may be [transported] admitted to a public or private mental health facility pursuant to NRS 433A.160, the person must:

      (a) First be examined by a licensed physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS or an advanced practitioner of nursing at any location where such a physician, physician assistant or advanced practitioner of nursing is authorized to conduct such an examination to determine whether the person has a medical problem, other than a psychiatric problem, which requires immediate treatment; and

      (b) If such treatment is required, be admitted for the appropriate medical care:

            (1) To a hospital if the person is in need of emergency services or care; or

            (2) To another appropriate medical facility if the person is not in need of emergency services or care.

 


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

ê2009 Statutes of Nevada, Page 335 (Chapter 92, AB 6)ê

 

      2.  If a person with a mental illness has a medical problem in addition to a psychiatric problem which requires medical treatment that requires more than 72 hours to complete, the licensed physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS or an advanced practitioner of nursing who examined the person must:

      (a) On the first business day after determining that such medical treatment is necessary file with the clerk of the district court a written petition to admit the person to a public or private mental health facility pursuant to NRS 433A.160 after the medical treatment has been completed. The petition must:

            (1) Include, without limitation, the medical condition of the person and the purpose for continuing the medical treatment of the person; and

            (2) Be accompanied by a copy of the application for the emergency admission of the person required pursuant to NRS 433A.160 and the certificate required pursuant to NRS 433A.170.

      (b) Seven days after filing a petition pursuant to paragraph (a) and every 7 days thereafter, file with the clerk of the district court an update on the medical condition and treatment of the person.

      3.  The examination and any transfer of the person from a facility when the person has an emergency medical condition and has not been stabilized must be conducted in compliance with:

      (a) The requirements of 42 U.S.C. § 1395dd and any regulations adopted pursuant thereto, and must involve a person authorized pursuant to federal law to conduct such an examination or certify such a transfer; and

      (b) The provisions of NRS 439B.410.

      [3.] 4.  The cost of the examination must be paid by the county in which the person alleged to be a person with mental illness resides if services are provided at a county hospital located in that county or a hospital or other medical facility designated by that county, unless the cost is voluntarily paid by the person alleged to be a person with mental illness or, on his behalf, by his insurer or by a state or federal program of medical assistance.

      [4.] 5.  The county may recover all or any part of the expenses paid by it, in a civil action against:

      (a) The person whose expenses were paid;

      (b) The estate of that person; or

      (c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.

      [5.] 6.  The cost of treatment, including hospitalization, for [an] a person who is indigent must be paid pursuant to NRS 428.010 by the county in which the person alleged to be a person with mental illness resides.

      [6.] 7.  The provisions of this section do not require the Division to provide examinations required pursuant to subsection 1 at a Division facility if the Division does not have the:

      (a) Appropriate staffing levels of physicians, physician assistants, advanced practitioners of nursing or other appropriate staff available at the facility as the Division determines is necessary to provide such examinations; or

      (b) Appropriate medical laboratories as the Division determines is necessary to provide such examinations.

 


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

ê2009 Statutes of Nevada, Page 336 (Chapter 92, AB 6)ê

 

      8.  The Division shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that:

      (a) Define “emergency services or care” as that term is used in this section; and

      (b) Prescribe the type of medical facility that a person may be admitted to pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      [7.] 9.  As used in this section, “medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 6.  NRS 433A.180 is hereby amended to read as follows:

      433A.180  [No]

      1.  An application or certificate authorized under subsection 1 of NRS 433A.160 or NRS 433A.170 [may] or section 1 of this act must not be considered if made by a psychiatrist, psychologist or physician who is related by blood or marriage within the first degree of consanguinity or affinity to the person alleged to be a person with mental illness, or who is financially interested in the facility in which the person alleged to be a person with mental illness is to be detained. [No]

      2.  An application or certificate of any examining person authorized under NRS 433A.170 [may] must not be considered unless it is based on personal observation and examination of the person alleged to be a person with mental illness made by such examining person not more than 72 hours prior to the making of the application or certificate. The certificate [shall] required pursuant to NRS 433A.170 must set forth in detail the facts and reasons on which the examining person based his opinions and conclusions.

      3.  A certificate authorized pursuant to section 1 of this act must not be considered unless it is based on personal observation and examination of the person alleged to be a person with mental illness made by the examining physician. The certificate authorized pursuant to section 1 of this act must set forth in detail the facts and reasons on which the examining physician based his opinions and conclusions.

________

 


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

ê2009 Statutes of Nevada, Page 337ê

 

CHAPTER 93, AB 14

Assembly Bill No. 14–Committee on Education

 

CHAPTER 93

 

AN ACT relating to education; requiring the Department of Education to adopt a model which measures the achievement of pupils from year to year; revising provisions governing the alternative criteria for receipt of a high school diploma; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the administration of criterion-referenced examinations to pupils enrolled in grades 3 through 8. (NRS 389.550) The examinations measure the achievement of pupils based upon the State’s academic standards. The results of the examinations are reported in the annual accountability reports and the summaries of the accountability reports prepared by the State Board of Education, the boards of trustees of school districts and individual schools. (NRS 385.3469, 385.34692, 385.347, 385.349, 385.358) Section 1 of this bill requires the Department of Education to adopt a model to measure the achievement of pupils so that the progress of pupils enrolled in a public school may be tracked from year to year to determine whether the public school has made progress. Sections 3-5 of this bill require that the information concerning the progress of public schools in the achievement of pupils be reported in the yearly accountability reports.

      To receive a standard high school diploma, existing law requires a pupil to either pass the high school proficiency examination or satisfy an alternative set of requirements. Section 6 of this bill reduces the number of times a pupil must have failed the high school proficiency exam to be eligible to proceed under the alternative set of requirements from 3 times to 2 times.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 385 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall adopt a model to measure the achievement of pupils enrolled in grades 3 to 8, inclusive, based upon the results of the examinations administered pursuant to NRS 389.550. The model must be designed so that the progress of pupils enrolled in a public school may be tracked from year to year to determine whether the school has made progress in the achievement of pupils.

      2.  The board of trustees of each school district and the governing body of each charter school shall apply the model in the format required by the Department. The information collected must be used to determine whether individual schools have made progress in the achievement of pupils.

      Sec. 2.  NRS 385.3455 is hereby amended to read as follows:

      385.3455  As used in NRS 385.3455 to 385.391, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 385.346 to 385.34675, inclusive, have the meanings ascribed to them in those sections.

 


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

ê2009 Statutes of Nevada, Page 338 (Chapter 93, AB 14)ê

 

      Sec. 3.  NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

            (1) Pupils who are economically disadvantaged, as defined by the State Board;

            (2) Pupils from major racial and ethnic groups, as defined by the State Board;

            (3) Pupils with disabilities;

            (4) Pupils who are limited English proficient; and

            (5) Pupils who are migratory children, as defined by the State Board.

      (c) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in paragraph (b).

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

      (g) Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.

      (h) Information on whether each public school, including, without limitation, each charter school, has made [adequate] :

            (1) Adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

            (2) Progress based upon the model adopted by the Department pursuant to section 1 of this act, if applicable for the grade level of pupils enrolled at the school.

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

      (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

 


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

ê2009 Statutes of Nevada, Page 339 (Chapter 93, AB 14)ê

 

whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (k) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

            (1) The percentage of teachers who are:

                  (I) Providing instruction pursuant to NRS 391.125;

                  (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                  (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

            (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;

            (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

            (4) For each middle school, junior high school and high school:

                  (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                  (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

            (5) For each elementary school:

                  (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                  (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (l) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

 


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

ê2009 Statutes of Nevada, Page 340 (Chapter 93, AB 14)ê

 

      (m) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (n) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (o) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

            (1) Provide proof to the school district of successful completion of the examinations of general educational development.

            (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

            (3) Withdraw from school to attend another school.

      (p) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (q) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (s) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (u) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (v) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (w) Each source of funding for this State to be used for the system of public education.

      (x) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

 


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

ê2009 Statutes of Nevada, Page 341 (Chapter 93, AB 14)ê

 

            (1) The amount and sources of money received for programs of remedial study.

            (2) An identification of each program of remedial study, listed by subject area.

      (y) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (z) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (aa) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

            (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                  (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                  (II) Paragraph (b) of subsection 1 of NRS 389.805.

            (2) An adjusted diploma.

            (3) A certificate of attendance.

      (bb) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (cc) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (dd) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

            (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

            (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ee) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (ff) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

 


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

ê2009 Statutes of Nevada, Page 342 (Chapter 93, AB 14)ê

 

      (gg) For each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:

            (1) The number of pupils enrolled in a course of career and technical education;

            (2) The number of pupils who completed a course of career and technical education;

            (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

            (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

            (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

            (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      2.  A separate reporting for a group of pupils must not be made pursuant to this section if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before September 1 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

            (1) Governor;

            (2) Committee;

            (3) Bureau;

            (4) Board of Regents of the University of Nevada;

            (5) Board of trustees of each school district; and

            (6) Governing body of each charter school.

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

 


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

ê2009 Statutes of Nevada, Page 343 (Chapter 93, AB 14)ê

 

      Sec. 4.  NRS 385.34692 is hereby amended to read as follows:

      385.34692  1.  The State Board shall prepare a summary of the annual report of accountability prepared pursuant to NRS 385.3469 that includes, without limitation, a summary of the following information for each school district, each charter school and the State as a whole:

      (a) Demographic information of pupils, including, without limitation, the number and percentage of pupils:

            (1) Who are economically disadvantaged, as defined by the State Board;

            (2) Who are from major racial or ethnic groups, as defined by the State Board;

            (3) With disabilities;

            (4) Who are limited English proficient; and

            (5) Who are migratory children, as defined by the State Board;

      (b) The average daily attendance of pupils, reported separately for the groups identified in paragraph (a);

      (c) The transiency rate of pupils;

      (d) The percentage of pupils who are habitual truants;

      (e) The percentage of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655;

      (f) The number of incidents resulting in suspension or expulsion for:

            (1) Violence to other pupils or to school personnel;

            (2) Possession of a weapon;

            (3) Distribution of a controlled substance;

            (4) Possession or use of a controlled substance; and

            (5) Possession or use of alcohol;

      (g) For kindergarten through grade 8, the number and percentage of pupils who are retained in the same grade;

      (h) For grades 9 to 12, inclusive, the number and percentage of pupils who are deficient in the number of credits required for promotion to the next grade or graduation from high school;

      (i) The pupil-teacher ratio for kindergarten and grades 1 to 8, inclusive;

      (j) The average class size for the subject area of mathematics, English, science and social studies in schools where pupils rotate to different teachers for different subjects;

      (k) The number and percentage of pupils who graduated from high school;

      (l) The number and percentage of pupils who received a:

            (1) Standard diploma;

            (2) Adult diploma;

            (3) Adjusted diploma; and

            (4) Certificate of attendance;

      (m) The number and percentage of pupils who graduated from high school and enrolled in remedial courses at the Nevada System of Higher Education;

      (n) Per pupil expenditures;

      (o) Information on the professional qualifications of teachers;

      (p) The average daily attendance of teachers and licensure information;

      (q) Information on the adequate yearly progress of the schools and school districts;

      (r) Pupil achievement based upon the [examinations] :

 


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

ê2009 Statutes of Nevada, Page 344 (Chapter 93, AB 14)ê

 

            (1) Examinations administered pursuant to NRS 389.550 , including, without limitation, whether public schools have made progress based upon the model adopted by the Department pursuant to section 1 of this act; and [the high]

            (2) High school proficiency examination;

      (s) To the extent practicable, pupil achievement based upon the examinations administered pursuant to NRS 389.015 for grades 4, 7 and 10; and

      (t) Other information required by the Superintendent of Public Instruction in consultation with the Bureau.

      2.  The summary prepared pursuant to subsection 1 must:

      (a) Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

      (b) Be prepared in a concise manner; and

      (c) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents will likely understand.

      3.  On or before September 7 of each year, the State Board shall:

      (a) Provide for public dissemination of the summary prepared pursuant to subsection 1 by posting the summary on the Internet website maintained by the Department; and

      (b) Submit a copy of the summary in an electronic format to the:

            (1) Governor;

            (2) Committee;

            (3) Bureau;

            (4) Board of Regents of the University of Nevada;

            (5) Board of trustees of each school district; and

            (6) Governing body of each charter school.

      4.  The board of trustees of each school district and the governing body of each charter school shall ensure that the parents and guardians of pupils enrolled in the school district or charter school, as applicable, have sufficient information concerning the availability of the summary prepared by the State Board pursuant to subsection 1, including, without limitation, information that describes how to access the summary on the Internet website maintained by the Department. Upon the request of a parent or guardian of a pupil, the Department shall provide the parent or guardian with a written copy of the summary.

      5.  The Department shall, in consultation with the Bureau and the school districts, prescribe a form for the summary required by this section.

      Sec. 5.  NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools in the school district. The board of trustees of each school district shall report the information required by subsection 2 for each charter school that is located within the school district, regardless of the sponsor of the charter school. The information for charter schools must be reported separately and must denote the charter schools sponsored by the school district, the charter schools sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.

 


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

ê2009 Statutes of Nevada, Page 345 (Chapter 93, AB 14)ê

 

sponsored by the State Board and the charter schools sponsored by a college or university within the Nevada System of Higher Education.

      2.  The board of trustees of each school district shall, on or before August 15 of each year, prepare an annual report of accountability concerning:

      (a) The educational goals and objectives of the school district.

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school in the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school in the district, and each grade in which the examinations were administered:

            (1) The number of pupils who took the examinations.

            (2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

            (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the following groups of pupils:

                  (I) Pupils who are economically disadvantaged, as defined by the State Board;

                  (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                  (III) Pupils with disabilities;

                  (IV) Pupils who are limited English proficient; and

                  (V) Pupils who are migratory children, as defined by the State Board.

            (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

            (5) The percentage of pupils who were not tested.

            (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in subparagraph (3).

            (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

            (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools in the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

            (9) For each school in the district, including, without limitation, each charter school in the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

 


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

ê2009 Statutes of Nevada, Page 346 (Chapter 93, AB 14)ê

 

            (10) Information on whether each school in the district, including, without limitation, each charter school in the district, has made progress based upon the model adopted by the Department pursuant to section 1 of this act.

Ê A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school in the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (d) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school in the district. The information must include, without limitation:

            (1) The percentage of teachers who are:

                  (I) Providing instruction pursuant to NRS 391.125;

                  (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                  (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

            (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

            (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

            (4) For each middle school, junior high school and high school:

                  (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                  (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

            (5) For each elementary school:

                  (I) On and after July 1, 2005, the number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

 


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

ê2009 Statutes of Nevada, Page 347 (Chapter 93, AB 14)ê

 

                  (II) On and after July 1, 2006, the number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (e) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (f) The curriculum used by the school district, including:

            (1) Any special programs for pupils at an individual school; and

            (2) The curriculum used by each charter school in the district.

      (g) Records of the attendance and truancy of pupils in all grades, including, without limitation:

            (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

            (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school in the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (h) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

            (1) Provide proof to the school district of successful completion of the examinations of general educational development.

            (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

            (3) Withdraw from school to attend another school.

      (i) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (j) Efforts made by the school district and by each school in the district, including, without limitation, each charter school in the district, to increase:

            (1) Communication with the parents of pupils in the district; and

            (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees.

      (k) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school in the district.

 


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

ê2009 Statutes of Nevada, Page 348 (Chapter 93, AB 14)ê

 

      (l) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school in the district.

      (m) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (n) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (o) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

      (p) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school in the district. For the purposes of this paragraph, a pupil is not transient if he is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (q) Each source of funding for the school district.

      (r) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

            (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

            (2) An identification of each program of remedial study, listed by subject area.

      (s) For each high school in the district, including, without limitation, each charter school in the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

      (t) The technological facilities and equipment available at each school, including, without limitation, each charter school, and the district’s plan to incorporate educational technology at each school.

      (u) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who received:

            (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                  (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                  (II) Paragraph (b) of subsection 1 of NRS 389.805.

            (2) An adjusted diploma.

            (3) A certificate of attendance.

      (v) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

 


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

ê2009 Statutes of Nevada, Page 349 (Chapter 93, AB 14)ê

 

of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

      (x) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school in the district.

      (y) Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      (z) Information on whether each public school in the district, including, without limitation, each charter school in the district, has made adequate yearly progress, including, without limitation:

            (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

            (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

      (aa) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school the district. The information must include:

            (1) The number of paraprofessionals employed at the school; and

            (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      (bb) For each high school in the district, including, without limitation, each charter school that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      (cc) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      (dd) For each school in the district and the district as a whole, including, without limitation, each charter school in the district, information on pupils enrolled in career and technical education, including, without limitation:

            (1) The number of pupils enrolled in a course of career and technical education;

            (2) The number of pupils who completed a course of career and technical education;

            (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

            (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

 


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

ê2009 Statutes of Nevada, Page 350 (Chapter 93, AB 14)ê

 

            (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

            (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (ee) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The records of attendance maintained by a school for purposes of paragraph (i) of subsection 2 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which he is employed for one of the following reasons:

      (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

      (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

      4.  The annual report of accountability prepared pursuant to subsection 2 must:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      5.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsection 2 and provide the forms to the respective school districts.

      (b) Provide statistical information and technical assistance to the school districts to ensure that the reports provide comparable information with respect to each school in each district and among the districts throughout this State.

      (c) Consult with a representative of the:

            (1) Nevada State Education Association;

            (2) Nevada Association of School Boards;

            (3) Nevada Association of School Administrators;

            (4) Nevada Parent Teacher Association;

            (5) Budget Division of the Department of Administration; and

            (6) Legislative Counsel Bureau,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  On or before August 15 of each year, the board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (g) of subsection 2.

      8.  On or before August 15 of each year, the board of trustees of each school district shall:

 


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

ê2009 Statutes of Nevada, Page 351 (Chapter 93, AB 14)ê

 

      (a) Provide written notice that the report required pursuant to subsection 2 is available on the Internet website maintained by the school district, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

            (1) Governor;

            (2) State Board;

            (3) Department;

            (4) Committee; and

            (5) Bureau.

      (b) Provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school in the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school in the district.

      9.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 8 or a member of the general public, the board of trustees of a school district shall provide a portion or portions of the report required pursuant to subsection 2.

      10.  As used in this section:

      (a) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (b) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 6.  NRS 389.805 is hereby amended to read as follows:

      389.805  1.  A pupil must receive a standard high school diploma if he:

      (a) Passes all subject areas of the high school proficiency examination administered pursuant to NRS 389.015 and otherwise satisfies the requirements for graduation from high school; or

      (b) Has failed to pass the high school proficiency examination administered pursuant to NRS 389.015 in its entirety not less than [three] two times before beginning grade 12 and the pupil:

            (1) Passes the subject areas of mathematics and reading on the proficiency examination;

            (2) Has an overall grade point average of not less than 2.75 on a 4.0 grading scale;

            (3) Satisfies the alternative criteria prescribed by the State Board pursuant to subsection 3; and

            (4) Otherwise satisfies the requirements for graduation from high school.

      2.  A pupil with a disability who does not satisfy the requirements for receipt of a standard high school diploma may receive a diploma designated as an adjusted diploma if he satisfies the requirements set forth in his individualized education program. As used in this subsection, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      3.  The State Board shall adopt regulations that prescribe the alternative criteria for a pupil to receive a standard high school diploma pursuant to paragraph (b) of subsection 1, including, without limitation:

 


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

ê2009 Statutes of Nevada, Page 352 (Chapter 93, AB 14)ê

 

      (a) An essay;

      (b) A senior project; or

      (c) A portfolio of work,

Ê or any combination thereof, that demonstrate proficiency in the subject areas on the high school proficiency examination which the pupil failed to pass.

      Sec. 7.  On or before July 1, 2010, the Department of Education shall adopt the model required by section 1 of this act.

      Sec. 8.  1.  This section and sections 1, 2, 6 and 7 of this act become effective on July 1, 2009.

      2.  Sections 3, 4 and 5 of this act become effective on January 1, 2011.

________

 

CHAPTER 94, AB 29

Assembly Bill No. 29–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 94

 

AN ACT relating to agriculture; authorizing the Director of the State Department of Agriculture to provide grants to nonprofit organizations from the Account for License Plates for the Promotion of Agriculture Within This State; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Existing law creates the Account for License Plates for the Promotion of Agriculture Within This State and authorizes the provision of grants from the Account to other public agencies to promote agriculture within Nevada. (NRS 561.411) This bill authorizes the Director of the State Department of Agriculture to provide grants from the Account to nonprofit organizations for that purpose.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 561.411 is hereby amended to read as follows:

      561.411  1.  The Account for License Plates for the Promotion of Agriculture Within This State is hereby created in the State General Fund. The Director shall administer the Account.

      2.  The money in the Account does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      3.  The money in the Account must be used only for the promotion of agriculture within this State and must not be used to replace or supplant money available from other sources. The [Administrator] Director may provide grants from the Account to other public agencies and nonprofit organizations to carry out the provisions of this section.

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

________

 


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

ê2009 Statutes of Nevada, Page 353ê

 

CHAPTER 95, AB 41

Assembly Bill No. 41–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 95

 

AN ACT relating to elections; making various changes concerning voter registration and voting procedures for certain members of the Armed Forces of the United States and their spouses and dependents, and certain other voters who reside outside the United States; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Section 6 of this bill authorizes the Secretary of State to adopt regulations concerning standards for the approved electronic transmission of certain applications, forms and ballots. (NRS 293.247)

      Section 8 of this bill expands the acceptable use of the form provided by the Federal Government from a special absent ballot to be used only in general elections and only for federal offices to allow its use in primary and special elections, in addition to general elections, and for state and local offices in addition to federal offices. (NRS 293.3155)

      Section 15 of this bill provides that an elector of this State who resides outside the United States may use the special absent ballot as a simultaneous application for registration and ballot to vote. (NRS 293.501)

      Sections 8, 9, 11, 12, 15, 16, 18 and 20-22 of this bill allow certain members of the Armed Forces and their spouses and dependents, and certain other electors of this State who reside outside the United States: (1) to request forms for registration, absent ballots, special absent ballots and the form provided by the Federal Government for simultaneous registration and request of an absent ballot; and (2) to return voted ballots by approved electronic transmission. (NRS 293.3155, 293.3157, 293.320, 293.323, 293.501, 293.502, 293.553, 293C.315, 293C.320, 293C.322)

      Section 16 of this bill expands the eligibility for late registration by those who have recently returned to residency in the United States to include: (1) the spouses and dependents of members of the Armed Forces stationed outside the United States who have been recently discharged; and (2) persons recently separated from employment outside of the United States and the spouses and dependents of such persons. (NRS 293.502)

 

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 and 4 of this act.

      Sec. 2.  “Approved electronic transmission” means the sending of information by facsimile machine or by use of the Internet pursuant to the acceptable standards set forth by regulations of the Secretary of State adopted pursuant to NRS 293.247.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  “Special absent ballot” means the absent ballot provided by the Federal Government pursuant to 42 U.S.C. § 1973ff et seq. to Armed Forces personnel or overseas citizens.

 


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

ê2009 Statutes of Nevada, Page 354 (Chapter 95, AB 41)ê

 

      Sec. 5.  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 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  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 that are effective on or before December 31 of the year 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 duties of election boards;

      (b) The type and amount of election supplies;

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

      (d) The method to be used in distributing ballots to precincts and districts;

      (e) The method of inspection and the disposition of ballot boxes;

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

      (g) The recess periods for election boards;

      (h) The size, lighting and placement of voting booths;

      (i) The amount and placement of guardrails and other furniture and equipment at voting places;

      (j) The disposition of election returns;

      (k) 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;

      (l) 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;

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

      (n) 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;

      (o) The procedures to be used for the disposition of absent ballots in case of an emergency;

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

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

      [(q)] (r) Such other matters as determined necessary by the Secretary of State.

 


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

ê2009 Statutes of Nevada, Page 355 (Chapter 95, AB 41)ê

 

      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. 7.  NRS 293.270 is hereby amended to read as follows:

      293.270  1.  Voting at any election regulated by this title must be on printed ballots or by any other system approved by the Secretary of State or specifically authorized by law.

      2.  [Voting] Except as otherwise provided in NRS 293.3155, voting must be only upon candidates whose names appear upon the ballot prepared by the election officers, and no person may write in the name of an additional candidate for any office.

      Sec. 8.  NRS 293.3155 is hereby amended to read as follows:

      293.3155  Notwithstanding any other provisions of this title:

      1.  Any registered voter of this State who [resides outside the continental United States] is Armed Forces personnel or an overseas citizen may use [the form provided by the Federal Government as] a special absent ballot for a primary, general or special election . [if the voter:

      (a) Requests an absent ballot and the request is received by the county clerk not later than 30 days before the general election; and

      (b) Does not receive the absent ballot.]

      2.  The special absent ballot [must] may be used [only] for the offices of President and Vice President of the United States, United States Senator and Representative in Congress [.] , and for any state or local offices and ballot questions for which the registered voter is entitled to cast his ballot. The ballot must allow the registered voter to vote by writing in his choice of a political party for each office or the name of a candidate whose name appears on the ballot for each office.

      3.  The special absent ballot may be voted by completing the ballot according to the instructions and returning it to the county clerk by:

      (a) Mail, if it can be returned in a timely manner; or

      (b) Approved electronic transmission.

      4.  The special absent ballot must not be counted if:

      (a) It is submitted from any location within the continental United States [;] by an overseas citizen; or

      (b) [The county clerk receives the request for an absent ballot less than 30 days before the general election; or

      (c)] The county clerk receives the regular absent ballot from the voter on or before the date of the primary, general or special election.

      5.  As used in this section, “regular absent ballot” means the absent ballot prepared by the county clerk pursuant to NRS 293.309.

      Sec. 9.  NRS 293.3157 is hereby amended to read as follows:

      293.3157  1.  Any registered voter of this State who resides outside the continental United States may use [a facsimile machine] approved electronic transmission to request an absent ballot. Such a request must be received by the county clerk not later than 5 p.m.

 


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

ê2009 Statutes of Nevada, Page 356 (Chapter 95, AB 41)ê

 

the county clerk not later than 5 p.m. on the seventh day before the primary, general or special election. The registered voter shall state on the request whether [he] :

      (a) He requests the county clerk to send the absent ballot by mail or [facsimile machine] approved electronic transmission; and [whether he]

      (b) He will return the absent ballot to the county clerk by mail or [facsimile machine.] approved electronic transmission.

      2.  If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by mail, he shall include with his completed absent ballot the identification envelope provided by the county clerk. The identification envelope must be in the form prescribed by the Secretary of State and include, without limitation:

      (a) A declaration, under penalty of perjury, stating that the registered voter resides within the precinct in which he is voting and is the person whose name appears on the envelope;

      (b) The signature of the registered voter;

      (c) The address that the registered voter provided on his application for voter registration; and

      (d) A statement that the voter has not applied and will not apply to any other county clerk for an absent ballot.

      3.  If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by [facsimile machine,] approved electronic transmission, he shall include with his completed absent ballot the following:

 

OATH OF VOTER

 

I, ____________________, acknowledge that by returning my voted ballot by [facsimile transmission,] approved electronic transmission, I have waived my right to have my ballot kept secret. Nevertheless, I understand that, as with any absent voter, my signature, whether on this oath of voter form or my identification envelope, will be permanently separated from my voted ballot to maintain its secrecy at the outset of the tabulation process and thereafter.

 

My residential address is

                                                                                 .

(Street Address)          (City)             (ZIP Code)

 

My current mailing address is

                                                                                 .

 

My e-mail address is                                            .

My facsimile transmission number is (if applicable)    .

 

I am a resident of __________ County, State of Nevada, and I have not applied, nor do I intend to apply, for an absentee ballot from any other jurisdiction for the same election.

 


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

ê2009 Statutes of Nevada, Page 357 (Chapter 95, AB 41)ê

 

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

 

      Dated this ____ day of _______, 20___.

 

      (Signed)

                                                                             

Voter (power of attorney cannot be accepted)

 

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT, ALL OF WHICH ARE RETURNED BY [FACSIMILE TRANSMISSION.] APPROVED ELECTRONIC TRANSMISSION.

 

      4.  The county clerk, if so requested pursuant to subsection 1, shall use [a facsimile machine] approved electronic transmission to send an absent ballot and the oath, as required pursuant to subsection 3, to the registered voter.

      5.  Each county clerk shall , insofar as is practicable, ensure the secrecy of absent ballots that are submitted by [facsimile machine.] approved electronic transmission.

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

      Sec. 10.  NRS 293.317 is hereby amended to read as follows:

      293.317  Absent ballots, including special absent ballots , [described in NRS 293.3155,] received by the county or city clerk after the polls are closed on the day of election are invalid.

      Sec. 11.  NRS 293.320 is hereby amended to read as follows:

      293.320  1.  The county clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper county.

      2.  Armed Forces personnel and overseas citizens who are not registered to vote and are applying for absent ballots must complete:

      (a) The application to register to vote required by NRS 293.517 for registration; [or]

      (b) The form provided by the Federal Government for registration and request of an absent ballot, pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.; or

      (c) A special absent ballot used only for purposes of registering the person to vote,

Ê before receiving an absent ballot.

      3.  If the county clerk rejects an application submitted pursuant to subsection 2 , [or submitted by an overseas voter,] the county clerk shall inform the applicant of the reason for the rejection.

      Sec. 12.  NRS 293.323 is hereby amended to read as follows:

      293.323  1.  Except as otherwise provided in subsection 2 [,] and NRS 293.3157, if the request for an absent ballot is made by mail or facsimile machine, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail , or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot : [, unless otherwise requested pursuant to NRS 293.3157, if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail, unless otherwise requested pursuant to NRS 293.3157, if the absent voter is in a foreign country but not on a military base:]

 


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

ê2009 Statutes of Nevada, Page 358 (Chapter 95, AB 41)ê

 

requested pursuant to NRS 293.3157, if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail, unless otherwise requested pursuant to NRS 293.3157, if the absent voter is in a foreign country but not on a military base:]

      (a) An absent ballot;

      (b) A return envelope;

      (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

      (d) An identification envelope, if applicable pursuant to NRS 293.3157; and

      (e) Instructions.

      2.  If the county clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the county clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter may mail his absent ballot to the county clerk or submit his absent ballot by facsimile machine.

      3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and NRS 293.3157.

      5.  Before depositing a ballot in the mail or sending a ballot by facsimile machine, the county clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, his political affiliation, if any, the number of the ballot and any remarks he finds appropriate.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

      Sec. 13.  NRS 293.325 is hereby amended to read as follows:

      293.325  1.  Except as otherwise provided in subsection 2, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the county clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  If an absent ballot central counting board has been appointed, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the county clerk shall check the signature on the return envelope [or] , facsimile or other approved electronic transmission against the original signature of the voter on the county clerk’s register. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the county clerk at all times. At the end of each day before election day, the county clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.

 


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

ê2009 Statutes of Nevada, Page 359 (Chapter 95, AB 41)ê

 

ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293.273 or 293.305.

      Sec. 14.  (Deleted by amendment.)

      Sec. 15.  NRS 293.501 is hereby amended to read as follows:

      293.501  Notwithstanding any other provisions of this title:

      1.  [Any elector of this State who resides outside this State] Armed Forces personnel and overseas citizens may use the form provided by the Federal Government for registration and request of an absent ballot pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act , [of 1986,] 42 U.S.C. [§ 1973,] §§ 1973ff et seq., to register to vote in this State.

      2.  [The county clerk shall not register a voter who submits the form from any location within this State.

      3.  If an elector registers to vote pursuant to the provisions of subsection 1, he shall be deemed to be registered as of the date that the form or the envelope containing the form is postmarked.] An elector referred to in subsection 1 may complete the form and return it by:

      (a) Mail, if it can be returned in a timely manner; or

      (b) Approved electronic transmission.

      3.  If an elector registers to vote pursuant to the provisions of this section and returns the form provided by the Federal Government for registration and request of an absent ballot by:

      (a) Mail, he shall be deemed to be registered as of the date that the form or the envelope containing the form is postmarked.

      (b) Approved electronic transmission, he shall be deemed to be registered as of the date on which he initiates the approved electronic transmission.

      Sec. 16.  NRS 293.502 is hereby amended to read as follows:

      293.502  1.  An elector [who:

      (a) Complies] :

      (a) Who complies with the requirements for registration set forth in the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. [§ 1973;

      (b) Is] §§ 1973ff et seq.;

      (b) Who, not more than 60 days before an election:

            (1) Is discharged from the Armed Forces of the United States or is the spouse or dependent of an elector who is discharged from the Armed Forces; or

            (2) Is separated from employment outside the territorial limits of the United States [not more than 60 days before an election;] or is the spouse or dependent of an elector who is separated from employment outside the territorial limits of the United States;

      (c) [Presents] Who presents evidence of [his] the discharge or separation from employment described in paragraph (b) to the county clerk; and

      (d) Is not registered to vote at the close of registration for that election,

Ê must be allowed to register to vote in the election.

 


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

ê2009 Statutes of Nevada, Page 360 (Chapter 95, AB 41)ê

 

      2.  Such an elector must:

      (a) Register in person; and

      (b) Vote in the office of the county clerk unless he is otherwise entitled to vote an absent ballot pursuant to federal law.

      3.  The Secretary of State shall adopt regulations to carry out a program of registration for such electors.

      Sec. 17.  (Deleted by amendment.)

      Sec. 18.  NRS 293.553 is hereby amended to read as follows:

      293.553  Any elector of this State who is in the service of the United States or attending an institution of learning, and by reason thereof is beyond the boundaries of this State, and who has not registered before or whose registration has been cancelled may, at any time, request from the county clerk of the county of the elector’s residence [by mail, telephone or telegram] an application to register to vote. The county clerk, if satisfied that the elector is eligible for registration, shall forward the application immediately. The county clerk shall, upon receipt of the completed application, file it in the manner provided by law.

      Sec. 19.  (Deleted by amendment.)

      Sec. 20.  NRS 293C.315 is hereby amended to read as follows:

      293C.315  1.  Any registered voter of this State who resides outside the continental United States may use [a facsimile machine] approved electronic transmission to request an absent ballot. Such a request must be received by the city clerk not later than 5 p.m. on the seventh day before the primary, general or special election. The registered voter shall state on the request whether [he] :

      (a) He requests the city clerk to send the absent ballot by mail or [facsimile machine] approved electronic transmission; and [whether he]

      (b) He will return the absent ballot to the city clerk by mail or [facsimile machine.] approved electronic transmission.

      2.  If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by mail, he shall include with his completed absent ballot the identification envelope provided by the city clerk. The identification envelope must be in the form prescribed by the Secretary of State and include, without limitation:

      (a) A declaration, under penalty of perjury, stating that the registered voter resides within the precinct or district in which he is voting and is the person whose name appears on the envelope;

      (b) The signature of the registered voter;

      (c) The address that the registered voter provided on his application for voter registration; and

      (d) A statement that the voter has not applied and will not apply to any other city clerk for an absent ballot.

      3.  If the registered voter indicates pursuant to subsection 1 that he will submit the absent ballot by [facsimile machine,] approved electronic transmission, he shall include with his completed absent ballot the following:

 


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

ê2009 Statutes of Nevada, Page 361 (Chapter 95, AB 41)ê

 

OATH OF VOTER

 

I, ____________________, acknowledge that by returning my voted ballot by [facsimile transmission,] approved electronic transmission, I have waived my right to have my ballot kept secret. Nevertheless, I understand that, as with any absent voter, my signature, whether on this oath of voter form or my identification envelope, will be permanently separated from my voted ballot to maintain its secrecy at the outset of the tabulation process and thereafter.

 

My residential address is

                                                                                 .

(Street Address)          (City)             (ZIP Code)

 

My current mailing address is

                                                                                 .

 

My e-mail address is                                            .

My facsimile transmission number is (if applicable)    .

 

I am a resident of __________ County, State of Nevada, and I have not applied, nor do I intend to apply, for an absentee ballot from any other jurisdiction for the same election.

 

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

 

      Dated this _____ day of __________, 20___.

      (Signed)

                                                                             

Voter (power of attorney cannot be accepted)

 

YOUR BALLOT CANNOT BE COUNTED UNLESS YOU SIGN THE ABOVE OATH AND INCLUDE IT WITH YOUR BALLOT, ALL OF WHICH ARE RETURNED BY [FACSIMILE TRANSMISSION.] APPROVED ELECTRONIC TRANSMISSION.

 

      4.  The city clerk, if so requested pursuant to subsection 1, shall use [a facsimile machine] approved electronic transmission to send an absent ballot and the oath, as required pursuant to subsection 3, to the registered voter.

      5.  Each city clerk shall , insofar as is practicable, ensure the secrecy of absent ballots that are submitted by [facsimile machine.] approved electronic transmission.

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

      Sec. 21.  NRS 293C.320 is hereby amended to read as follows:

      293C.320  1.  The city clerk shall determine before issuing an absent ballot that the person making application is a registered voter in the proper city.

 


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

ê2009 Statutes of Nevada, Page 362 (Chapter 95, AB 41)ê

 

      2.  Armed Forces personnel and overseas citizens who are not registered to vote and are applying for absent ballots must complete:

      (a) The application to register to vote required by NRS 293.517 for registration; [or]

      (b) The form provided by the Federal Government for registration and request of an absent ballot, pursuant to the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.; or

      (c) A special absent ballot used only for purposes of registering the person to vote,

Ê before receiving an absent ballot.

      Sec. 22.  NRS 293C.322 is hereby amended to read as follows:

      293C.322  1.  Except as otherwise provided in subsection 2 [,] and NRS 293C.315, if the request for an absent ballot is made by mail or facsimile machine, the city clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to the voter by first-class mail , or by any class of mail if the Official Election Mail logo or an equivalent logo or mark created by the United States Postal Service is properly placed on the official absent ballot : [, unless otherwise requested pursuant to NRS 293C.315, if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base, or by air mail, unless otherwise requested pursuant to NRS 293C.315, if the absent voter is in a foreign country but not on a military base:]

      (a) An absent ballot;

      (b) A return envelope;

      (c) An envelope or similar device into which the ballot is inserted to ensure its secrecy;

      (d) An identification envelope, if applicable pursuant to NRS 293C.315; and

      (e) Instructions.

      2.  If the city clerk fails to send an absent ballot pursuant to subsection 1 to a voter who resides within the continental United States, the city clerk may use a facsimile machine to send an absent ballot and instructions to the voter. The voter may mail his absent ballot to the city clerk or submit his absent ballot by facsimile machine.

      3.  The return envelope sent pursuant to subsection 1 must include postage prepaid by first-class mail if the absent voter is within the boundaries of the United States, its territories or possessions or on a military base.

      4.  Nothing may be enclosed or sent with an absent ballot except as required by subsection 1 or 2 and NRS 293C.315.

      5.  Before depositing a ballot with the United States Postal Service or sending a ballot by facsimile machine, the city clerk shall record the date the ballot is issued, the name of the registered voter to whom it is issued, his precinct or district, the number of the ballot and any remarks he finds appropriate.

      6.  The Secretary of State shall adopt regulations to carry out the provisions of subsection 2.

      Sec. 23.  NRS 293C.325 is hereby amended to read as follows:

      293C.325  1.  Except as otherwise provided in subsection 2, when an absent ballot is returned by a registered voter to the city clerk through the mail, by facsimile machine or other approved electronic transmission or in person, and record thereof is made in the absent ballot record book, the city clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

 


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

ê2009 Statutes of Nevada, Page 363 (Chapter 95, AB 41)ê

 

clerk shall neatly stack, unopened, the absent ballot with any other absent ballot received that day in a container and deliver, or cause to be delivered, that container to the precinct or district election board.

      2.  If an absent ballot central counting board has been appointed, when an absent ballot is returned by a registered voter to the county clerk through the mail, by facsimile machine or other approved electronic transmission or in person, the county clerk shall check the signature on the return envelope , [or] facsimile or other approved electronic transmission against the original signature of the voter on the county clerk’s register. If the city clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box or place the ballot, unopened, in a container that must be securely locked or under the control of the city clerk at all times. At the end of each day before election day, the city clerk may remove the ballots from each ballot box, neatly stack the ballots in a container and seal the container with a numbered seal. Not earlier than 4 working days before the election, the county clerk shall deliver the ballots to the absent ballot central counting board to be processed and prepared for counting pursuant to the procedures established by the Secretary of State to ensure the confidentiality of the prepared ballots until after the polls have closed pursuant to NRS 293C.267 or 293C.297.

      Sec. 24.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 96, AB 71

Assembly Bill No. 71–Committee on Commerce and Labor

 

CHAPTER 96

 

AN ACT relating to real property; authorizing the Real Estate Division of the Department of Business and Industry to keep confidential certain records and information obtained by the Division in regulating the sale of subdivided land; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Real Estate Division of the Department of Business and Industry, under certain circumstances, to keep confidential the criminal and financial records obtained by the Division pursuant to chapter 645 of NRS concerning a real estate salesman or other person licensed pursuant to that chapter, an applicant for such a license or an owner-developer. (NRS 645.180) This bill authorizes the Division, under certain circumstances, to keep confidential the criminal and financial records of each applicant for a license or permit issued pursuant to chapter 119 of NRS which governs the sale of subdivided land, and each person who holds such a license or permit.

 


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

ê2009 Statutes of Nevada, Page 364 (Chapter 96, AB 71)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 119 of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise provided in NRS 119.265, unless otherwise ordered by a court, the Division may keep confidential the criminal and financial records of a licensee, permittee or an applicant for a license or permit issued pursuant to this chapter.

      Sec. 2.  (Deleted by amendment.)

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

________

 

CHAPTER 97, AB 73

Assembly Bill No. 73–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 97

 

AN ACT relating to watercraft; revising the requirements for the operation of a vessel towing a person; deleting provisions governing certain equipment required on certain motorboats; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires a person who operates a boat that is towing a person on water skis or another device to be at least 14 years of age, or at least 12 years of age as long as there is a passenger on the boat who is at least 21 years of age and who is in a position to supervise. The skier must also be observed by another person on the boat. The observer must be at least 12 years of age, or at least 10 years of age as long as there is a passenger on the boat who is at least 21 years of age. (NRS 488.570) Section 3 of this bill provides that a person who operates such a boat must be at least 16 years of age, or at least 14 years of age as long as there is a passenger on the boat who is at least 18 years of age and who is in a position to supervise the operator. Section 3 also provides that a person who is at least 14 years of age, or at least 12 years of age as long as there is a passenger on the boat who is at least 18 years of age, may act as the observer of the person being towed.

      Section 4 of this bill repeals a provision which requires certain motorboats to be equipped with an efficient bell or whistle. (NRS 488.198)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 488.295 is hereby amended to read as follows:

      488.295  1.  The owner of a boat livery shall keep a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated as a motorboat, the identification number thereof, [and] the departure date and time, and the expected time of return. The record [shall] must be preserved for at least 6 months.

      2.  The owner of a boat livery or his agent or employee shall not permit any motorboat, or any vessel designed or permitted by him to be operated as a motorboat, to depart from his premises unless it has been provided, either by owner or renter, with the equipment required by NRS 488.187, 488.193 [, 488.198] and 488.540 and any regulations [made] adopted pursuant thereto.

 


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

ê2009 Statutes of Nevada, Page 365 (Chapter 97, AB 73)ê

 

by owner or renter, with the equipment required by NRS 488.187, 488.193 [, 488.198] and 488.540 and any regulations [made] adopted pursuant thereto.

      Sec. 2.  NRS 488.540 is hereby amended to read as follows:

      488.540  1.  The Commission may establish and maintain for the operation of vessels on the waters of this State pilot rules in conformity with the pilot rules contained in [the] federal navigation laws or the Navigation Rules promulgated by the United States Coast Guard.

      2.  A person shall operate a vessel in this State in conformance with the pilot rules adopted by the Commission.

      3.  The operator of any vessel in this State shall maintain a proper lookout for other vessels, obstructions or hazards. An operator of a vessel who fails to maintain a proper lookout and causes injury to another person or property damage to another vessel is guilty of a misdemeanor.

      4.  A person shall not operate or give permission for the operation of a vessel which is not equipped as required by this section and NRS 488.185, 488.187 [,] and 488.193 . [and 488.198.]

      Sec. 3.  NRS 488.570 is hereby amended to read as follows:

      488.570  1.  A person shall not operate a vessel on any waters of this State towing a person on water skis, a surfboard, an inflatable device or any similar device unless the operator:

      (a) Is at least [14] 16 years of age; or

      (b) Is at least [12] 14 years of age, if a passenger in the vessel is a person who is [21] 18 years of age or older and is in a position to supervise the operator.

      2.  A person shall not operate a vessel on any waters of this State towing a person on water skis, a surfboard, an inflatable device or any similar device unless there is in the vessel a person, in addition to the operator, who is in a position to observe the person being towed and is:

      (a) At least [12] 14 years of age; or

      (b) At least [10] 12 years of age, if another passenger in the vessel is a person who is [21] 18 years of age or older.

Ê The observer shall continuously observe the person being towed and shall immediately display so as to be visible from every direction, an international orange flag of at least 12 inches in height by 12 inches in width when the person being towed is getting ready to be towed and has a rope or line extended to him, or ceases to be towed and is in the water awaiting pickup by the vessel.

      3.  When within 100 feet of the person in the water, every vessel, other than the vessel towing him, must be operated at a speed that leaves a flat wake, but in no case may it be operated at a speed greater than 5 nautical miles per hour.

      4.  A person shall not operate a vessel on any waters of this State towing a person on water skis, a surfboard or similar device, or engage in waterskiing, surfboarding or similar activity from sunset to sunrise, as established by the Nautical Almanac Office, United States Naval Observatory, Washington, D.C.

      5.  The provisions of this section do not apply to a performer engaged in a professional exhibition or a person engaged in an activity authorized under NRS 488.305.

      Sec. 4.  NRS 488.198 is hereby repealed.

      Sec. 5.  This act becomes effective on January 1, 2010.

________

 


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

ê2009 Statutes of Nevada, Page 366ê

 

CHAPTER 98, AB 112

Assembly Bill No. 112–Committee on Health and Human Services

 

CHAPTER 98

 

AN ACT relating to public health; requiring the Governor to determine whether a public health emergency or other health event requires a coordinated response if there is an immediate threat to the health and safety of the public; providing for the establishment of an emergency team to coordinate a response to a public health emergency or other health event; prescribing the membership, duties and scope of authority of such an emergency team; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Health Division of the Department of Health and Human Services and city, county and district boards of health to protect the public health of the residents of this State. (Chapter 439 of NRS)

      Section 15.5 of this bill requires the Governor to determine whether a public health emergency or other health event exists that requires a coordinated response by an emergency team when there is an immediate threat to the health and safety of the public. Section 15.5 also prescribes the membership of such an emergency team.

      Section 15.7 of this bill prescribes the duties of the emergency team, including the investigation of the response of each state agency, division, board and other entity that is represented on the emergency team and the coordination of the response to the public health emergency or other health event with those agencies, divisions, boards and other entities.

      Section 15.8 of this bill requires the chairman of the emergency team or his designee to provide information to the public and to certain persons regarding the progress of the work of the emergency team and to submit a report on the findings of the emergency team upon the resolution of the public health emergency or other health event.

      Section 15.9 of this bill requires the emergency team to make recommendations to the State Board of Health and local boards of health regarding regulations and policies concerning public health emergencies or other health events and to evaluate the response of each state agency, division, board and other entity represented on the emergency team.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 15.1 to 15.9, inclusive, of this act.

      Secs. 2-15.  (Deleted by amendment.)

      Sec. 15.1.  As used in sections 15.1 to 15.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 15.2, 15.3 and 15.4 of this act have the meanings ascribed to them in those sections.

      Sec. 15.2.  “Emergency team” means an emergency team designated in an executive order of the Governor pursuant to section 15.5 of this act to respond to a public health emergency or other health event.

      Sec. 15.3.  “Health care facility” means any facility licensed pursuant to chapter 449 of NRS.

 


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

ê2009 Statutes of Nevada, Page 367 (Chapter 98, AB 112)ê

 

      Sec. 15.4.  “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 15.5.  1.  Except as otherwise provided in chapter 414 of NRS, if a health authority identifies within its jurisdiction a public health emergency or other health event that is an immediate threat to the health and safety of the public in a health care facility or the office of a provider of health care, the health authority shall immediately transmit to the Governor a report of the immediate threat.

      2.  Upon receiving a report pursuant to subsection 1, the Governor shall determine whether a public health emergency or other health event exists that requires a coordinated response for the health and safety of the public. If the Governor determines that a public health emergency or other health event exists that requires such a coordinated response, the Governor shall issue an executive order:

      (a) Stating the nature of the public health emergency or other health event;

      (b) Stating the conditions that have brought about the public health emergency or other health event, including, without limitation, an identification of each health care facility or provider of health care, if any, related to the public health emergency or other health event;

      (c) Stating the estimated duration of the immediate threat to the health and safety of the public; and

      (d) Designating an emergency team comprised of:

            (1) The State Health Officer or a person appointed pursuant to subsection 5, as applicable; and

            (2) Representatives of state agencies, divisions, boards and other entities, including, without limitation, professional licensing boards, with authority by statute to govern or regulate the health care facilities and providers of health care identified as being related to the public health emergency or other health event pursuant to paragraph (b).

      3.  If additional state agencies, divisions, boards or other entities are identified during the course of the response to the public health emergency or other health event as having authority regarding a health care facility or provider of health care that is related to the public health emergency or other health event, the Governor shall direct that agency, division, board or entity to appoint a representative to the emergency team.

      4.  The State Health Officer or a person appointed pursuant to subsection 5, as applicable, is the chairman of the emergency team.

      5.  If the State Health Officer has a conflict of interest relating to a public health emergency or other health event or is otherwise unable to carry out his duties pursuant to sections 15.1 to 15.9, inclusive, of this act, the Director shall temporarily appoint a person to carry out the duties of the State Health Officer prescribed in sections 15.1 to 15.9, inclusive, of this act until such time as the public health emergency or other health event has been resolved or the State Health Officer is able to resume his duties. The person appointed by the Director must meet the requirements prescribed by subsection 1 of NRS 439.090.

      6.  The Governor shall immediately transmit the executive order to:

      (a) The Legislature or, if the Legislature is not in session, to the Legislative Commission and the Legislative Committee on Health Care; and

 


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

ê2009 Statutes of Nevada, Page 368 (Chapter 98, AB 112)ê

 

      (b) Any person or entity deemed necessary or advisable by the Governor.

      7.  The Governor shall declare a public health emergency or other health event terminated before the estimated duration stated in the executive order upon a finding that the public health emergency or other health event no longer poses an immediate threat to the health and safety of the public. Upon such a finding, the Governor shall notify each person and entity described in subsection 6.

      8.  If a public health emergency or other health event lasts longer than the estimated duration stated in the executive order, the Governor is not required to reissue an executive order, but shall notify each person and entity identified in subsection 6.

      9.  The Attorney General shall provide legal counsel to the emergency team.

      Sec. 15.6.  During a public health emergency or other health event, the Governor may, upon consultation with the emergency team, request from a governor of a contiguous state assistance in carrying out an inspection of any health care facility or the office of a provider of health care. The Governor may enter into an agreement for the provision of such services relating to inspections.

      Sec. 15.7.  1.  The emergency team shall:

      (a) Convene as soon as practicable after the executive order is issued pursuant to section 15.5 of this act; and

      (b) Upon the advice of the Attorney General, investigate the response of each state agency, division, board and other entity that is represented on the emergency team to the public health emergency or other health event and work cooperatively to ensure the sharing of any material information and coordinate a response to the public health emergency or other health event with all the state agencies, divisions, boards and other entities represented on the emergency team.

      2.  The scope of powers and duties of the emergency team extends only to the respective jurisdiction of each state agency, division, board or other entity represented on the team and does not supersede the authority of a health authority to investigate the public health emergency or other health event within its jurisdiction.

      Sec. 15.8.  The chairman of the emergency team or a member of the emergency team designated by the chairman shall:

      1.  Provide information to the general public and ensure that the public remains informed on the progress of the work of the emergency team.

      2.  Act as the liaison between the emergency team and the Governor, the Speaker of the Assembly, the Majority Leader of the Senate, the Attorney General and any other officer, agency or political subdivision of this State with an interest in the response to and resolution of the public health emergency or other health event.

      3.  Provide to the Governor and the Legislature or, if the Legislature is not in session, to the Legislative Commission and the Legislative Committee on Health Care:

      (a) During the course of an investigation of a public health emergency or other health event, monthly updates, or more frequent updates if requested, on the progress of the work of the emergency team; and

 


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

ê2009 Statutes of Nevada, Page 369 (Chapter 98, AB 112)ê

 

      (b) Upon the resolution of the issues involved in the public health emergency or other health event, a report on the findings of the emergency team and the action that was taken to resolve the public health emergency or other health event and any consequences thereof.

      Sec. 15.9.  Upon the resolution of a public health emergency or other health event, the emergency team shall:

      1.  Make recommendations to the State Board of Health and local boards of health with respect to regulations or policies which may be adopted to prevent public health emergencies and other health events or to improve responses to public health emergencies and other health events; and

      2.  Evaluate the response of each state agency, division, board or other entity represented on the emergency team and make recommendations to the Governor and the Legislature or, if the Legislature is not in session, to the Legislative Commission and the Legislative Committee on Health Care with respect to actions and measures that may be taken to improve such responses.

      Sec. 16.  NRS 439.130 is hereby amended to read as follows:

      439.130  1.  The State Health Officer shall:

      (a) Enforce all laws and regulations pertaining to the public health.

      (b) Investigate causes of disease, epidemics, source of mortality, nuisances affecting the public health, and all other matters related to the health and life of the people, and to this end he may enter upon and inspect any public or private property in the State.

      (c) Direct the work of subordinates and may authorize them to act in his place and stead.

      (d) Except as otherwise provided in subsection 5 of section 15.5 of this act, perform the duties prescribed in sections 15.1 to 15.9, inclusive, of this act.

      (e) Perform such other duties as the Director may, from time to time, prescribe.

      2.  The Administrator shall direct the work of the Health Division, administer the Division and perform such other duties as the Director may, from time to time, prescribe.

      Sec. 17.  NRS 439.150 is hereby amended to read as follows:

      439.150  1.  The State Board of Health is hereby declared to be supreme in all nonadministrative health matters. It has general supervision over all matters, except for administrative matters [,] and as otherwise provided in sections 15.1 to 15.9, inclusive, of this act, relating to the preservation of the health and lives of citizens of this State and over the work of the State Health Officer and all district, county and city health departments, boards of health and health officers.

      2.  The Department is hereby designated as the agency of this State to cooperate with the federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of public health. It may receive and expend all money made available to the Health Division by the Federal Government, the State of Nevada or its political subdivisions, or from any other source, for the purposes provided in this chapter. In developing and revising any state plan in connection with federal assistance for health programs, the Department shall consider, without limitation, the amount of money available from the Federal Government for those programs, the conditions attached to the acceptance of that money and the limitations of legislative appropriations for those programs.

 


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

ê2009 Statutes of Nevada, Page 370 (Chapter 98, AB 112)ê

 

those programs, the conditions attached to the acceptance of that money and the limitations of legislative appropriations for those programs.

      3.  Except as otherwise provided in NRS 576.128, the State Board of Health may set reasonable fees for the:

      (a) Licensing, registering, certifying, inspecting or granting of permits for any facility, establishment or service regulated by the Health Division;

      (b) Programs and services of the Health Division;

      (c) Review of plans; and

      (d) Certification and licensing of personnel.

Ê Fees set pursuant to this subsection must be calculated to produce for that period the revenue from the fees projected in the budget approved for the Health Division by the Legislature.

      Sec. 18.  (Deleted by amendment.)

      Sec. 19.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 99, AB 168

Assembly Bill No. 168–Committee on Judiciary

 

CHAPTER 99

 

AN ACT relating to controlled substances; revising sentencing provisions relating to certain convicted persons who provide substantial assistance in the investigation or prosecution of other offenses; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      This bill provides that a court may reduce or suspend the sentence of a person convicted of trafficking in a controlled substance if the court finds that the person rendered substantial assistance in the investigation or prosecution of any offense. (NRS 453.3405) Additionally, this bill, which is modeled after the provisions contained in the Federal Sentencing Guidelines, provides that any reduction or suspension of a sentence must be for specified reasons stated by the court. (18 U.S.C.S. Appx § 5K1.1)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 453.3405 is hereby amended to read as follows:

      453.3405  1.  Except as otherwise provided in subsection 2, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395 must not be suspended and the person is not eligible for parole until he has actually served the mandatory minimum term of imprisonment prescribed by the section under which he was convicted.

      2.  The [judge,] court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385, 453.339 or 453.3395 if [he] the court finds that the convicted person rendered substantial assistance in the [identification, arrest or conviction of any of his accomplices, accessories, coconspirators or principals or] investigation or prosecution of any [other person involved in trafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395.]

 


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

ê2009 Statutes of Nevada, Page 371 (Chapter 99, AB 168)ê

 

principals or] investigation or prosecution of any [other person involved in trafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395.] offense. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.

      3.  Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:

      (a) The court’s evaluation of the significance and usefulness of the convicted person’s assistance, taking into consideration the prosecuting attorney’s evaluation of the assistance rendered;

      (b) The truthfulness, completeness and reliability of any information or testimony provided by the convicted person;

      (c) The nature and extent of the convicted person’s assistance;

      (d) Any injury suffered or any danger or risk of injury to the convicted person or his family resulting from his assistance; and

      (e) The timeliness of the convicted person’s assistance.

      Sec. 2.  The amendatory provisions of this act apply to any convicted person who is sentenced on or after the effective date of this act.

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

________

 

CHAPTER 100, AB 209

Assembly Bill No. 209–Assemblyman Manendo

 

CHAPTER 100

 

AN ACT relating to driving under the influence; requiring an offender convicted of certain offenses relating to driving under the influence to attend a live meeting of a panel of victims in person; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      This bill requires an offender who is convicted of an offense relating to driving under the influence to attend a live meeting of a panel of victims in person, unless such a meeting is not available within 60 miles of the offender’s residence. (NRS 484.3797)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 484.3797 is hereby amended to read as follows:

      484.3797  1.  The judge or judges in each judicial district shall cause the preparation and maintenance of a list of the panels of persons who:

      (a) Have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778 or a law of any other jurisdiction that prohibits the same or similar conduct; and

 


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

ê2009 Statutes of Nevada, Page 372 (Chapter 100, AB 209)ê

 

NRS 484.379, 484.3795, 484.37955 or 484.379778 or a law of any other jurisdiction that prohibits the same or similar conduct; and

      (b) Have, by contacting the judge or judges in the district, expressed their willingness to discuss collectively the personal effect of those crimes.

Ê The list must include the name and telephone number of the person to be contacted regarding each such panel and a schedule of times and locations of the meetings of each such panel. The judge or judges shall establish, in cooperation with representatives of the members of the panels, a fee, if any, to be paid by defendants who are ordered to attend a meeting of the panel. The amount of the fee, if any, must be reasonable. The panel may not be operated for profit.

      2.  Except as otherwise provided in this subsection, if a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of NRS 484.379, 484.3795, 484.37955 or 484.379778, the court shall, in addition to imposing any other penalties provided by law, order the defendant to:

      (a) Attend [,] in person, at the defendant’s expense, a live meeting of a panel of persons who have been injured or had members of their families or close friends injured or killed by a person who was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or who was engaging in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955 or 484.379778 or a law of any other jurisdiction that prohibits the same or similar conduct, in order to have the defendant understand the effect such a crime has on other persons; and

      (b) Pay the fee, if any, established by the court pursuant to subsection 1.

Ê The court may, but is not required to, order the defendant to attend such a meeting if one is not available within 60 miles of the defendant’s residence.

      3.  A person ordered to attend a meeting pursuant to subsection 2 shall, after attending the meeting, present evidence or other documentation satisfactory to the court that he attended the meeting and remained for its entirety.

________

 


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

ê2009 Statutes of Nevada, Page 373ê

 

CHAPTER 101, AB 231

Assembly Bill No. 231–Assemblymen McClain, Koivisto, Smith, Ohrenschall, Kihuen; Aizley, Anderson, Arberry, Atkinson, Bobzien, Buckley, Carpenter, Christensen, Claborn, Cobb, Conklin, Denis, Dondero Loop, Gansert, Goedhart, Goicoechea, Gustavson, Hambrick, Hardy, Hogan, Horne, Kirkpatrick, Leslie, Manendo, Mastroluca, McArthur, Mortenson, Munford, Oceguera, Parnell, Pierce, Segerblom, Settelmeyer, Spiegel, Stewart and Woodbury

 

CHAPTER 101

 

AN ACT relating to lobbying; exempting certain veterans from the requirement to pay any fee established for registration as an uncompensated lobbyist; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      The Legislative Commission is authorized to establish fees for registration as a lobbyist. (NRS 218.932) This bill exempts a veteran who is not compensated for his lobbying activities and who provides proof of his discharge or release from military service under honorable conditions from the requirement to pay any fee established for registration as an uncompensated lobbyist.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.932 is hereby amended to read as follows:

      218.932  1.  The Legislative Commission shall adopt regulations to carry out the provisions of NRS 218.900 to 218.944, inclusive, may , except as otherwise provided in this subsection, require fees for registration, payable into the Legislative Fund, and may classify lobbyists for this purpose. A veteran who does not receive compensation for his lobbying activities is not required to pay any fee established for registration if he provides proof of his discharge or release from the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions.

      2.  The Director shall:

      (a) Prepare and furnish forms for the statements and reports required to be filed.

      (b) Prepare and publish uniform methods of accounting and reporting to be used by persons required to file such statements and reports, including guidelines for complying with the reporting requirements of NRS 218.900 to 218.944, inclusive.

      (c) Accept and file any information voluntarily supplied that exceeds the requirements of NRS 218.900 to 218.944, inclusive.

      (d) Develop a filing, coding and cross-indexing system consistent with the purposes of NRS 218.900 to 218.944, inclusive.

 


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

ê2009 Statutes of Nevada, Page 374 (Chapter 101, AB 231)ê

 

      (e) Make the statements and reports available for public inspection during regular office hours.

      (f) Preserve the statements and reports for a period of 5 years from the date of filing.

      (g) Compile and keep current an alphabetical list of registrants, including their address, the name and address of each person for whom the registrant is lobbying and the principal areas of interest on which he expects to lobby. A copy of the list must be furnished to each Legislator, to the clerks of the respective counties for preservation and public inspection, and to any person who requests a copy and pays the cost of reproduction.

      Sec. 2.  NRS 218.940 is hereby amended to read as follows:

      218.940  1.  Except as otherwise provided in this [subsection,] section, a registrant who files an activity report after the time provided in NRS 218.926 shall pay to the Director a fee for late filing of $10 for each day that it was late, but the Director may reduce or waive this fee upon a finding of just cause. [The]

      2.  Except as otherwise provided in this subsection, the Legislative Commission may by regulation exempt a classification of lobbyist from the fee for late filing.

      [2.] A veteran who does not receive compensation for his lobbying activities is exempt from the fee for late filing if he provides proof of his discharge or release from the Armed Forces of the United States, a reserve component thereof or the National Guard under honorable conditions.

      3.  An activity report with respect to which a late filing fee has been paid by the registrant or waived by the Director shall be deemed timely filed, and the late filing is not a public offense.

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

________

 


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

ê2009 Statutes of Nevada, Page 375ê

 

CHAPTER 102, AB 289

Assembly Bill No. 289–Assemblymen Mortenson and Claborn

 

CHAPTER 102

 

AN ACT relating to paleontology; requiring the Division of State Parks of the State Department of Conservation and Natural Resources to administer certain paleontological sites; authorizing a public entity, in consultation with an Indian tribe, to enter into a cooperative agreement concerning a paleontological site under certain circumstances; providing other protections for paleontological sites; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill expands the duty of the Division of State Parks of the State Department of Conservation and Natural Resources to administer, protect and develop any state monument, historic landmark, historic building, historic site, archaeological area or recreational area to include a duty to administer, protect and develop any paleontological site. (NRS 407.130) Section 2 of this bill expands the definition of “easement for conservation” to include the preservation of paleontological aspects of real property and the definition of “holder” to include a charitable corporation, charitable association or charitable trust which has among its powers or purposes to preserve the paleontological aspects of real property. (NRS 111.410) Sections 3 and 4 of this bill expand the authority of public entities to enter into cooperative agreements to protect sites of archeological and historical significance to include sites of paleontological significance. (NRS 277.057, 277.058) Sections 5 and 6 of this bill expand the definition of “project of regional significance” to require consideration of the potential effects on paleontological sites. (NRS 278.02542, 278.026) Section 7 of this bill requires the inclusion of paleontological sites in the historical properties preservation plan of a master plan which a planning commission must prepare for the physical development of a city, county or region. (NRS 278.160)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 407.130 is hereby amended to read as follows:

      407.130  The Division shall administer, protect and develop any state monument, historic landmark, historic building, historic site, archeological area , paleontological site or recreational area designated as provided in NRS 407.120 or listed in the State Register of Historic Places which is situated on land administered by the Division, and any money appropriated to the Division, or derived by it from any source whatever, may be expended by it for the care, protection, supervision, improvement or development of

any such state monument, historic landmark, historic building, historic site, archeological area , paleontological site or recreational area.

      Sec. 2.  NRS 111.410 is hereby amended to read as follows:

      111.410  As used in NRS 111.390 to 111.440, inclusive, unless the context otherwise requires:

      1.  “Easement for conservation” means a nonpossessory interest of a holder in real property, which imposes limitations or affirmative obligations and:

 


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

ê2009 Statutes of Nevada, Page 376 (Chapter 102, AB 289)ê

 

      (a) Retains or protects natural, scenic or open-space values of real property;

      (b) Assures the availability of real property for agricultural, forest, recreational or open-space use;

      (c) Protects natural resources;

      (d) Maintains or enhances the quality of air or water; or

      (e) Preserves the historical, architectural, archeological , paleontological or cultural aspects of real property.

      2.  “Holder” means:

      (a) A governmental body empowered to hold an interest in real property; or

      (b) A charitable corporation, charitable association or charitable trust which has among its powers or purposes to:

            (1) Retain or protect the natural, scenic or open-space values of real property;

            (2) Assure the availability of real property for agricultural, forest, recreational or open-space use;

            (3) Protect natural resources;

            (4) Maintain or enhance the quality of air or water; or

            (5) Preserve the historical, architectural, archeological , paleontological or cultural aspects of real property.

      3.  “Right of enforcement by a third person” means a right provided in an easement for conservation to enforce any of the easement’s terms granted to a governmental body, charitable corporation, charitable association or charitable trust who is not a holder of the easement although qualified to be one.

      Sec. 3.  NRS 277.057 is hereby amended to read as follows:

      277.057  The Legislature hereby finds and declares that:

      1.  There are various unique and irreplaceable sites in this state of archeological , paleontological or historical significance.

      2.  Certain of these sites are in danger of degradation and destruction from the encroachment of urban development.

      3.  This state has a compelling interest in preserving, protecting, restoring and enhancing these sites.

      4.  The preservation, protection, restoration and enhancement of these sites is a matter of such significance that it must be carried out on a continual basis.

      5.  It is in the best interest of this state to ensure that certain public entities have continuing authority to enter into cooperative agreements for the preservation, protection, restoration and enhancement of such unique and irreplaceable sites in this state.

      Sec. 4.  NRS 277.058 is hereby amended to read as follows:

      277.058  1.  A public entity, in consultation with any Indian tribe that has local aboriginal ties to the geographical area in which a unique archeological , paleontological or historical site is located and in cooperation with the Office of Historic Preservation of the Department of Cultural Affairs, may enter into a cooperative agreement with the owner of any property that contains a unique archeological , paleontological or historical site in this state or with any other person, agency of the Federal Government or other public entity for the preservation, protection, restoration and enhancement of unique archeological , paleontological or historical sites in this state, including, without limitation, cooperative agreements to:

 


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

ê2009 Statutes of Nevada, Page 377 (Chapter 102, AB 289)ê

 

      (a) Monitor compliance with and enforce any federal or state statutes or regulations for the protection of such sites.

      (b) Ensure the sensitive treatment of such sites in a manner that provides for their long-term preservation and the consideration of the values of relevant cultures.

      (c) Apply for and accept grants and donations for the preservation, protection, restoration and enhancement of such sites.

      (d) Create and enforce:

            (1) Legal restrictions on the use of real property; and

            (2) Easements for conservation, as defined in NRS 111.410,

Ê for the protection of such sites.

      2.  As used in this section, “public entity” means any:

      (a) Agency of this state, including the Office of Historic Preservation of the Department of Cultural Affairs; and

      (b) County, city or town in this state.

      Sec. 5.  NRS 278.02542 is hereby amended to read as follows:

      278.02542  1.  The regional planning coalition may:

      (a) Coordinate sources of information.

      (b) Recommend measures to increase the efficiency of governmental entities and services.

      (c) Make recommendations regarding the disposal of federal land.

      (d) Establish methods for resolving issues related to annexation, boundaries and other matters that arise between jurisdictions.

      (e) At least every 5 years, review:

            (1) Master plans, facilities plans and other similar plans, and amendments thereto, adopted by a governing body, regional agency, state agency or public utility that is located in whole or in part within the region; and

            (2) The annual plan for capital improvements that is prepared by each local government in the region pursuant to NRS 278.0226.

      (f) Develop and recommend, to the extent practicable, standardized classifications for land use for the region.

      (g) Consider and take necessary action with respect to any issue that the regional planning coalition determines will have a significant impact on the region, including, without limitation, projects of regional significance.

      (h) Review, consider and make recommendations regarding applications submitted to agencies of the Federal Government and applications for federal assistance for federally assisted programs or projects.

      (i) Designate allowable future land uses for each part of the county, including, without limitation, the identification of each category of land use in which the construction and operation of a public school is permissible. The identification of a category of land use in which the construction and operation of a public school is permissible must be carried out in consultation with the county school district and include a determination of whether there is sufficient land in the proximity of a residential development to meet projected needs for public schools.

      2.  The regional planning coalition shall establish a definition for the term “project of regional significance.” In establishing the definition, the regional planning coalition shall consider:

      (a) Existing definitions of the term within the Nevada Revised Statutes; and

 


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

ê2009 Statutes of Nevada, Page 378 (Chapter 102, AB 289)ê

 

      (b) That a project may have regional significance for several reasons, including, without limitation, the potential impact that the project may have on historic, archaeological, paleontological, cultural, scenic and natural resources, public facilities, including, without limitation, schools, and public services within the region.

      Sec. 6.  NRS 278.026 is hereby amended to read as follows:

      278.026  As used in NRS 278.026 to 278.029, inclusive, unless the context otherwise requires:

      1.  “Affected entity” means a public utility, franchise holder, local or regional agency, or any other entity having responsibility for planning or providing public facilities relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include:

      (a) A state agency; or

      (b) A public utility which is subject to regulation by the Public Utilities Commission of Nevada.

      2.  “Facilities plan” means a plan for the development of public facilities which will have a regional impact or which will aid in accomplishing regional goals relating to transportation, solid waste, energy generation and transmission, conventions and the promotion of tourism, air quality or public education. The term does not include a plan for the development of a specific site or regulations adopted by an affected entity to implement the comprehensive regional plan.

      3.  “Governing board” means the governing board for regional planning created pursuant to NRS 278.0264.

      4.  “Joint planning area” means an area that is the subject of common study and planning by the governing body of a county and one or more cities.

      5.  “Project of regional significance,” with respect to a project proposed by any person other than a public utility, means a project which:

      (a) Has been identified in the guidelines of the regional planning commission as a project which will result in the loss or significant degradation of a designated historic, archeological, paleontological, cultural or scenic resource;

      (b) Has been identified in the guidelines of the regional planning commission as a project which will result in the creation of significant new geothermal or mining operations;

      (c) Has been identified in the guidelines of the regional planning commission as a project which will have a significant effect on the natural resources, public services, public facilities, including, without limitation, schools, or the adopted regional form of the region; or

      (d) Will require a change in zoning, a special use permit, an amendment to a master plan, a tentative map or other approval for the use of land which, if approved, will have an effect on the region of increasing:

            (1) Employment by not less than 938 employees;

            (2) Housing by not less than 625 units;

            (3) Hotel accommodations by not less than 625 rooms;

            (4) Sewage by not less than 187,500 gallons per day;

            (5) Water usage by not less than 625 acre feet per year; or

            (6) Traffic by not less than an average of 6,250 trips daily.

 


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

ê2009 Statutes of Nevada, Page 379 (Chapter 102, AB 289)ê

 

Ê The term does not include any project for which a request for an amendment to a master plan, a change in zoning, a tentative map or a special use permit has been approved by the local planning commission before June 17, 1989.

      6.  “Project of regional significance,” with respect to a project proposed by a utility, includes:

      (a) An electric substation;

      (b) A transmission line that carries 60 kilovolts or more;

      (c) A facility that generates electricity greater than 5 megawatts;

      (d) Natural gas storage and peak shaving facilities; and

      (e) Gas regulator stations and mains that operate over 100 pounds per square inch.

      7.  “Sphere of influence” means an area into which a city plans to expand as designated in the comprehensive regional plan within the time designated in the comprehensive regional plan.

      Sec. 7.  NRS 278.160 is hereby amended to read as follows:

      278.160  1.  Except as otherwise provided in subsection 4 of NRS 278.150 and subsection 3 of NRS 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following subject matter or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

      (a) Community design. Standards and principles governing the subdivision of land and suggestive patterns for community design and development.

      (b) Conservation plan. For the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The plan must also indicate the maximum tolerable level of air pollution.

      (c) Economic plan. Showing recommended schedules for the allocation and expenditure of public money in order to provide for the economical and timely execution of the various components of the plan.

      (d) Historical properties preservation plan. An inventory of significant historical, archaeological , paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

      (e) Housing plan. The housing plan must include, without limitation:

            (1) An inventory of housing conditions, needs and plans and procedures for improving housing standards and for providing adequate housing to individuals and families in the community, regardless of income level.

            (2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

 


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

ê2009 Statutes of Nevada, Page 380 (Chapter 102, AB 289)ê

 

or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

            (3) An analysis of projected growth and the demographic characteristics of the community.

            (4) A determination of the present and prospective need for affordable housing in the community.

            (5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

            (6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:

                  (I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and

                  (II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.

            (7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

            (8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.

      (f) Land use plan. An inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:

            (1) Must address, if applicable:

                  (I) Mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts; and

                  (II) The coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

            (2) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

      (g) Population plan. An estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

      (h) Public buildings. Showing locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

      (i) Public services and facilities. Showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145.

      (j) Recreation plan. Showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

 


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

ê2009 Statutes of Nevada, Page 381 (Chapter 102, AB 289)ê

 

      (k) Rural neighborhoods preservation plan. In any county whose population is 400,000 or more, showing general plans to preserve the character and density of rural neighborhoods.

      (l) Safety plan. In any county whose population is 400,000 or more, identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The plan may set forth policies for avoiding or minimizing the risks from those hazards.

      (m) School facilities plan. Showing the general locations of current and future school facilities based upon information furnished by the appropriate local school district.

      (n) Seismic safety plan. Consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

      (o) Solid waste disposal plan. Showing general plans for the disposal of solid waste.

      (p) Streets and highways plan. Showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

      (q) Transit plan. Showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.

      (r) Transportation plan. Showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The plan may also include port, harbor, aviation and related facilities.

      2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other subjects as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, prohibits the preparation and adoption of any such subject as a part of the master plan.

________

 


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

ê2009 Statutes of Nevada, Page 382ê

 

CHAPTER 103, AB 305

Assembly Bill No. 305–Assemblyman Mortenson

 

CHAPTER 103

 

AN ACT relating to cultural affairs; providing for the Administrator of the Division of Museums and History of the Department of Cultural Affairs to require a museum director or a member of his staff to perform the functions of State Paleontologist; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the Administrator of the Division of Museums and History of the Department of Cultural Affairs may authorize or require each museum director to perform certain duties. (NRS 381.0063) This bill provides for the Administrator to require a museum director to serve as, or to designate a museum employee to serve as, ex officio State Paleontologist. This bill also requires the State Paleontologist to perform, within the limits of available time, money and staff, certain duties related to paleontological and fossil research and resources within the State.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 381.0063 is hereby amended to read as follows:

      381.0063  1.  The Administrator shall, in accordance with any directive received from the Director pursuant to NRS 232.005 or 378.0089, authorize or require each museum director to perform such duties set forth in [subsection] subsections 2 and 3 as are necessary for the operation of the institution administered by the museum director, after giving consideration to:

      (a) The size and complexity of the programs the museum director is required to administer;

      (b) The number of personnel needed to carry out those programs;

      (c) Requirements for accreditation; and

      (d) Such other factors as are relevant to the needs of the institution and the Division.

      2.  The Administrator may authorize or require a museum director to:

      (a) Oversee duties related to the auditing and approval of all bills, claims and accounts of the institution administered by the museum director.

      (b) Receive, collect, exchange, preserve, house, care for, display and exhibit, particularly, but not exclusively, respecting the State of Nevada:

            (1) Samples of the useful and fine arts, sciences and industries, relics, memorabilia, products, works, records, rare and valuable articles and objects, including, without limitation, drawings, etchings, lithographs, photographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious, semiprecious and commercial minerals, metals, earths, gems and stones.

            (2) Books, papers, records and documents of historic, artistic, literary or industrial value or interest by reason of rarity, representative character or otherwise.

      (c) Collect, gather and prepare the natural history of Nevada and the Great Basin.

 


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

ê2009 Statutes of Nevada, Page 383 (Chapter 103, AB 305)ê

 

      (d) Establish such programs in archeology, anthropology, paleontology, mineralogy, ethnology, ornithology and such other scientific programs as in the judgment of the Board and Administrator may be proper and necessary to carry out the objects and purposes appropriate to the institution administered by the museum director.

      (e) Receive and collect property from any appropriate agency of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.

      (f) House and preserve, care for and display or exhibit property received by an institution. This paragraph does not prevent the permanent or temporary retention, placement, housing or exhibition of a portion of the property in other places or locations in or outside of the State at the sole discretion of the Board.

      (g) Make and obtain plans and specifications and let and supervise contracts for work or have the work done on force account or day labor, supplying material or labor, or otherwise.

      (h) Receive, accept and obtain by exchange in the name of the State of Nevada all property loaned to the institution administered by the museum director for preservation, care, display or exhibit, or decline and reject the property in his discretion, and undertake to be responsible for all property loaned to the institution or make just payment of any reasonable costs or rentals therefor.

      (i) Apply for and expend all gifts and grants that the institution administered by the museum director is authorized to accept in accordance with the terms and conditions of the gift or grant.

      (j) Govern, manage and control the exhibit and display of all property and things of the institution administered by the museum director at other exhibits, expositions, world’s fairs and places of public or private exhibition. Any property of the State of Nevada that may be placed on display or on exhibition at any world’s fair or exposition must be taken into custody by the Administrator at the conclusion of the world’s fair or exposition and placed and kept in the institution, subject to being removed and again exhibited at the discretion of the Administrator or a person designated by the Administrator.

      (k) Negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storage, custody, display and exhibit of articles and things controlled by the institutions and respecting the terms and cost, the manner, time, place and extent, and the return thereof.

      (l) Trade, exchange and transfer exhibits and duplicates when the Administrator deems it proper. Such transactions shall not be deemed sales.

      (m) Establish the qualifications for life, honorary, annual, sustaining and such other memberships as are established by the Board pursuant to NRS 381.0045.

      (n) Adopt rules for the internal operations of the institution administered by the museum director, including, without limitation, the operation of equipment of the institution.

      3.  The Administrator shall require a museum director to serve as, or to designate an employee to serve as, ex officio State Paleontologist. The State Paleontologist shall, within the limits of available time, money and staff:

      (a) Systematically inventory the paleontological resources within the State of Nevada;

 


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

ê2009 Statutes of Nevada, Page 384 (Chapter 103, AB 305)ê

 

      (b) Compile a database of fossil resources within this State;

      (c) Coordinate and promote paleontological research activities within this State, including, without limitation, regulating and issuing permits to engage in such activities;

      (d) Disseminate and assist other persons in disseminating information gained from research conducted by the State Paleontologist; and

      (e) Display and promote, and assist other persons in displaying and promoting, the paleontological resources of this State to enhance education, culture and tourism within this State.

      4.  The enumeration of the powers and duties that may be assigned to a museum director pursuant to this section is not exclusive of other general objects and purposes appropriate to a public museum.

      [4.] 5.  The provisions of this section do not prohibit the Administrator from making such administrative and organizational changes as are necessary for the efficient operation of the Division and its institutions and to ensure that an institution properly carries out the duties and responsibilities assigned to that institution.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 104, AB 306

Assembly Bill No. 306–Assemblyman Mortenson

 

CHAPTER 104

 

AN ACT relating to periods of observance; designating the month of April of each year as “Paleontological Awareness Month” in this State; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, various days and weeks of observance are recognized in this State. (NRS 236.018-236.075) This bill designates the month of April of each year as “Paleontological Awareness Month” in this State and requires the Governor to issue annually a proclamation encouraging the observance of Paleontological Awareness Month.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The month of April of each year is designated as “Paleontological Awareness Month” in this State.

      2.  The Governor shall issue annually a proclamation encouraging the observance of Paleontological Awareness Month. The proclamation may, without limitation:

      (a) Call upon state and local officers, private nonprofit groups and foundations, schools, businesses and other public and private entities to work toward the goal of preserving the paleontological resources of this State;

 


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

ê2009 Statutes of Nevada, Page 385 (Chapter 104, AB 306)ê

 

      (b) Recognize the important contribution of prehistoric fossils and other paleontological sites to the history of this State; and

      (c) Recognize the importance of specific paleontological sites in this State, including, without limitation:

            (1) Berlin-Ichthyosaur State Park as one of North America’s most abundant concentrations of Ichthyosaur fossils;

            (2) Tule Springs in southern Nevada as an area well known in the scientific community as one of the best Pleistocene paleontological sites in the western United States and an area in which the fossil remains of many extinct animals have been found, including, without limitation, ground sloths, mammoths, prehistoric horses, giant American lions, giant bison, llamas and American camels; and

            (3) Other specific paleontological sites located throughout this State.

________

 

CHAPTER 105, AB 459

Assembly Bill No. 459–Assemblywoman McClain

 

CHAPTER 105

 

AN ACT relating to the military; providing for the safekeeping of certain abandoned property; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Executive Director for Veterans’ Services and the Deputy Executive Director for Veterans’ Services to take possession of any abandoned or unclaimed artifacts or other property that has military value for safekeeping. Such property is authorized to be transferred to a veterans’ or military museum. Section 2 of this bill requires the Administrator of Unclaimed Property to transfer any unclaimed property that has military value to the Office of Veterans’ Services.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 417.090 is hereby amended to read as follows:

      417.090  The Executive Director and the Deputy Executive Director shall:

      1.  Assist veterans, and those presently serving in the military and naval forces of the United States who are residents of the State of Nevada, their wives, widows, widowers, husbands, children, dependents, administrators, executors and personal representatives, in preparing, submitting and presenting any claim against the United States, or any state, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education or rehabilitation and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States or of any of the states.

 


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

ê2009 Statutes of Nevada, Page 386 (Chapter 105, AB 459)ê

 

      2.  Aid, assist, encourage and cooperate with every nationally recognized service organization insofar as the activities of such organizations are for the benefit of veterans and servicemen and women.

      3.  Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran or serviceman or woman, or their dependents, or any group of veterans or servicemen and women, when in their opinion such comes within the scope of this chapter.

      4.  Coordinate activities of veterans’ organizations.

      5.  Serve as a clearinghouse and disseminate information relating to veterans’ benefits.

      6.  Conduct any studies which will assist veterans to obtain compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.

      7.  Aid, assist and cooperate with the office of coordinator of services for veterans created in a county pursuant to NRS 244.401.

      8.  Pay to each county that creates the office of coordinator of services for veterans, from state money available to him, a portion of the cost of operating the office in an amount determined by the Executive Director.

      9.  Take possession of any abandoned or unclaimed artifacts or other property that has military value for safekeeping. The Executive Director or Deputy Executive Director may transfer such property to a veterans’ or military museum.

      Sec. 2.  NRS 120A.610 is hereby amended to read as follows:

      120A.610  1.  Except as otherwise provided in subsections 4 to [7,] 8, inclusive, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords, in his judgment, the most favorable market for the property. The Administrator may decline the highest bid and reoffer the property for sale if he considers the bid to be insufficient.

      2.  Any sale held under this section must be preceded by a single publication of notice, at least 3 weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold.

      3.  The purchaser of property at any sale conducted by the Administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of ownership.

      4.  [The] Except as otherwise provided in subsection 5, the Administrator need not offer any property for sale if he considers that the probable cost of the sale will exceed the proceeds of the sale. The Administrator may destroy or otherwise dispose of such property or may transfer it to:

      (a) The Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or

      (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society . [; or

 


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

ê2009 Statutes of Nevada, Page 387 (Chapter 105, AB 459)ê

 

      (c) A veterans’ or military museum, upon its written request, if the property has military or military historical value and is not wanted by the Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society.]

Ê An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

      5.  The Administrator shall transfer property to the Office of Veterans’ Services, upon its written request, if the property has military value.

      6.  Securities delivered to the Administrator pursuant to this chapter may be sold by the Administrator at any time after the delivery. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

      (a) Over the counter at the prevailing price for that security at the time of sale; or

      (b) By any other method the Administrator deems acceptable.

      [6.] 7.  The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period and the Administrator determines that the probable cost of the sale of the property will exceed the proceeds of the sale, it may be destroyed.

      [7.] 8.  All proceeds received by the Administrator from abandoned gift certificates must be accounted for separately in the Abandoned Property Trust Account in the State General Fund. At the end of each fiscal year, before any other money in the Abandoned Property Trust Account is transferred pursuant to NRS 120A.620, the balance in the account created pursuant to this subsection, less any costs, service charges or claims chargeable to the account, must be transferred to the Educational Trust Fund which is hereby created in the State Treasury. The money in the Educational Trust Fund may be expended only as authorized by the Legislature for educational purposes.

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

________

 


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

ê2009 Statutes of Nevada, Page 388ê

 

CHAPTER 106, AB 301

Assembly Bill No. 301–Assemblymen Kihuen, Denis, Munford; Anderson, Arberry, Bobzien, Buckley, Christensen, Claborn, Kirkpatrick, Leslie, McClain, Mortenson, Oceguera, Parnell, Pierce, Segerblom, Smith and Spiegel

 

CHAPTER 106

 

AN ACT relating to days of observance; requiring the Governor annually to proclaim March 31 to be “Cesar Chavez Day”; and providing other matters properly relating thereto.

 

[Approved: May 18, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth certain days of observance in this State to commemorate certain persons or occasions or to publicize information regarding certain important topics. (NRS 236.018-236.075) This bill requires the Governor annually to proclaim March 31 to be “Cesar Chavez Day” in the State of Nevada.

 

 

      Whereas, March 31 is the anniversary of the birth of Cesar Chavez; and

      Whereas, Cesar Chavez began working in the fields of Arizona and California as a migrant farm worker when he was 10 years of age; and

      Whereas, Cesar Chavez cofounded the United Farm Workers of America, which became the first successful union for farm workers in the Unites States; and

      Whereas, Cesar Chavez was a civil rights activist committed to the principles of social justice and respect for human dignity; and

      Whereas, Cesar Chavez fought against economic and racial discrimination through nonviolent means; and

      Whereas, Cesar Chavez was a labor leader who organized farm workers to campaign for safe and fair working conditions, reasonable wages and a prohibition on child labor; and

      Whereas, President Clinton posthumously awarded Cesar Chavez the Presidential Medal of Freedom, the highest honor the United States Government awards to civilians; and

      Whereas, The State of Nevada desires to recognize the many contributions Cesar Chavez made to the State of Nevada and the United States; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The Governor shall annually proclaim March 31 to be “Cesar Chavez Day” in the State of Nevada.

 


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

ê2009 Statutes of Nevada, Page 389 (Chapter 106, AB 301)ê

 

      2.  The proclamation may call upon the news media, educators, business and labor leaders and appropriate governmental officers to bring to the attention of Nevada residents the important contributions Cesar Chavez made to the State of Nevada and the United States.

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

________

 

CHAPTER 107, AB 455

Assembly Bill No. 455–Assemblymen Woodbury, Hardy; Aizley, Atkinson, Carpenter, Christensen, Claborn, Cobb, Denis, Gansert, Goedhart, Goicoechea, Grady, Hambrick, Manendo, Spiegel and Stewart

 

Joint Sponsor: Senator Cegavske

 

CHAPTER 107

 

AN ACT relating to motor vehicles; authorizing the Department of Motor Vehicles to enter into agreements that authorize certain common, contract and private motor carriers and certain businesses or organizations to register motor vehicles without applying to the Department and to issue motor vehicle registration credentials on behalf of the Motor Carrier Division of the Department; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      This bill authorizes the Department of Motor Vehicles to enter into agreements with common, contract and private motor carriers and with businesses or organizations to authorize the motor carriers, businesses and organizations to register vehicles and renew and transfer registrations without applying to the Department. The agreements also authorize the motor carriers, businesses and organizations to issue registration credentials on behalf of the Motor Carrier Division of the Department. Any such carrier, business or organization is required to file a surety bond with the Department before registering any vehicles. This bill also requires the owners of certain motortrucks, truck-tractors and buses to maintain books, papers or records as required by the Department and authorizes the Department to revoke or refuse to grant the authority to register or transfer or renew registrations, to revoke licenses and to deny certain apportioning privileges for carriers, businesses and organizations that fail in those duties. Sections 2 and 3 of this bill apply to motor carriers operating exclusively within the State, and sections 5 and 6 of this bill apply to interstate motor carriers.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Upon the request of a motor carrier or a service provider, the Department may enter into an agreement with the motor carrier or service provider which authorizes the motor carrier or service provider:

      (a) Without applying to the Department, to register or transfer or renew the registration of any vehicle:

 


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

ê2009 Statutes of Nevada, Page 390 (Chapter 107, AB 455)ê

 

            (1) Owned solely by the motor carrier or service provider; or

            (2) Leased solely by the motor carrier or service provider, if the lease is a long-term lease; and

      (b) To issue registration credentials on behalf of the Motor Carrier Division of the Department for any vehicle registered pursuant to paragraph (a) and for any vehicle with a registration that has been renewed or transferred pursuant to paragraph (a).

      2.  Before registering or transferring or renewing the registration of any vehicle pursuant to subsection 1:

      (a) A motor carrier who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $25,000; and

      (b) A service provider who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $50,000.

      3.  If a motor carrier or service provider provides a savings certificate, certificate of deposit or investment certificate pursuant to NRS 100.065 in lieu of the bond required pursuant to subsection 2, the certificate must state that the amount is not available for withdrawal except upon the approval of the Director.

      4.  If at any time a motor carrier or service provider is unable to account for an unissued license plate or decal, the motor carrier or service provider must immediately pay to the Department an amount established by the Department.

      5.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section.

      6.  As used in this section:

      (a) “Long-term lease” means a lease for a fixed period of more than 31 days.

      (b) “Motor carrier” means a common, contract or private motor carrier registered through the Motor Carrier Division of the Department.

      (c) “Registration credentials” includes, without limitation, license plates, registration cab cards, decals and temporary authority permits.

      (d) “Service provider” means a business or organization authorized by the Department to register or transfer or renew the registration of vehicles on behalf of motor carriers.

      Sec. 3.  1.  Any person who is the owner of a vehicle described in subsection 1 of NRS 482.482 shall maintain books, papers and records as required by the Department for the 36 months following the year for which the vehicle is registered. The books, papers and records must be made available for inspection by the Department during normal business hours.

      2.  For any person who fails to maintain books, papers or records as required pursuant to subsection 1, the Department may:

      (a) Revoke or refuse to grant the authority to register or transfer or renew registrations granted pursuant to section 2 of this act; and

      (b) Revoke any license of the person issued by the Department pursuant to this chapter.

      Sec. 4.  NRS 482.205 is hereby amended to read as follows:

      482.205  Except as otherwise provided in this chapter [,] and section 5 of this act, every owner of a motor vehicle, trailer or semitrailer intended to be operated upon any highway in this State shall, before the motor vehicle, trailer or semitrailer can be operated, apply to the Department or a registered dealer for and obtain the registration thereof.

 


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

ê2009 Statutes of Nevada, Page 391 (Chapter 107, AB 455)ê

 

be operated upon any highway in this State shall, before the motor vehicle, trailer or semitrailer can be operated, apply to the Department or a registered dealer for and obtain the registration thereof.

      Sec. 5.  Chapter 706 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Upon the request of a motor carrier or a service provider, the Department may enter into an agreement with the motor carrier or service provider which authorizes the motor carrier or service provider:

      (a) Without applying to the Department, to register or transfer or renew the registration of any vehicle:

            (1) Owned solely by the motor carrier or service provider; or

            (2) Leased solely by the motor carrier or service provider, if the lease is a long-term lease; and

      (b) To issue registration credentials on behalf of the Motor Carrier Division of the Department for any vehicle registered pursuant to paragraph (a) and for any vehicle with a registration that has been renewed or transferred pursuant to paragraph (a).

      2.  Before registering or transferring or renewing the registration of any vehicle pursuant to subsection 1:

      (a) A motor carrier who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $25,000; and

      (b) A service provider who enters into an agreement with the Department pursuant to this section shall file with the Department a bond of a surety company authorized to transact business in this State for the benefit of this State in an amount not less than $50,000.

      3.  If a motor carrier or service provider provides a savings certificate, certificate of deposit or investment certificate pursuant to NRS 100.065 in lieu of the bond required pursuant to subsection 2, the certificate must state that the amount is not available for withdrawal except upon the approval of the Director of the Department.

      4.  If at any time a motor carrier or service provider is unable to account for an unissued license plate or decal, the motor carrier or service provider must immediately pay to the Department an amount established by the Department.

      5.  The Director of the Department shall adopt such regulations as are necessary to carry out the provisions of this section.

      6.  As used in this section:

      (a) “Lease” has the meaning ascribed to it in 482.053.

      (b) “Long-term lease” means a lease for a fixed period of more than 31 days.

      (c) “Motor carrier” means a common, contract or private motor carrier registered through the Motor Carrier Division of the Department.

      (d) “Registration credentials” includes, without limitation, license plates, registration cab cards, decals and temporary authority permits.

      (e) “Service provider” means a business or organization authorized by the Department to register or transfer or renew the registration of vehicles on behalf of motor carriers.

 


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

ê2009 Statutes of Nevada, Page 392 (Chapter 107, AB 455)ê

 

      Sec. 6.  NRS 706.196 is hereby amended to read as follows:

      706.196  1.  The Department may require such reports and the maintenance of such books, papers and records as it determines necessary for the administration and enforcement of this chapter , [and] NRS 484.739 [.] and section 5 of this act.

      2.  Any person whose vehicles are registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, shall maintain the books, papers and records required to be maintained by the Department pursuant to subsection 1 for the 36 months following the year for which the vehicles are registered. The books, papers and records must be made available for inspection by the Department during normal business hours.

      3.  For any person who fails to report or to maintain books, papers or records as required pursuant to subsection 2, the Department may:

      (a) Revoke or refuse to grant the authority to register or transfer or renew registrations granted pursuant to section 5 of this act;

      (b) Deny the person the right to apportion fees pursuant to NRS 706.801 to 706.861, inclusive; and

      (c) Revoke any license of the person issued by the Department pursuant to chapter 482 of NRS.

      Sec. 7.  This act becomes effective on January 1, 2010.

________

 

CHAPTER 108, SB 300

Senate Bill No. 300–Senators Cegavske and Schneider

 

Joint Sponsor: Assemblyman Manendo

 

CHAPTER 108

 

AN ACT relating to state lands; requiring the acceptance by the Division of State Lands of the State Department of Conservation and Natural Resources of the donation of certain improvements to certain state land; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      The Division of State Lands of the State Department of Conservation and Natural Resources manages lands owned by the State. (Chapter 321 of NRS) Some of these lands were granted by the Federal Government to the State of Nevada to be used for educational purposes. (Nev. Const. Art. 11, § 3) This bill requires the Division to accept as a donation the paving and improvement of a portion of a specific parcel of such school trust land to be used as a parking lot to which the public has access, without charge, until the parcel is sold, leased or used for other purposes.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Division of State Lands of the State Department of Conservation and Natural Resources shall accept the donation of paving and otherwise improving the unimproved portion of the southwest corner of the south half of the property owned by the State of Nevada at the 6200 block of West Oakey Boulevard in Las Vegas, Nevada, specifically at Assessor’s Parcel Number 16302601007, for use as a parking lot to which the public has access, without charge, until the property is sold, leased or used for other purposes.

 


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

ê2009 Statutes of Nevada, Page 393 (Chapter 108, SB 300)ê

 

Parcel Number 16302601007, for use as a parking lot to which the public has access, without charge, until the property is sold, leased or used for other purposes.

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

________

 

CHAPTER 109, AB 441

Assembly Bill No. 441–Assemblymen Ohrenschall, Bobzien; Aizley, Buckley, Claborn, Denis, Goedhart, Goicoechea, Hambrick, Hogan, Kihuen, Koivisto, Leslie, Manendo, McClain, Mortenson, Munford, Oceguera, Parnell and Segerblom

 

Joint Sponsor: Senator Parks

 

CHAPTER 109

 

AN ACT relating to vehicles; providing that an electric bicycle must be allowed on certain trails and pedestrian walkways; excluding electric bicycles from the provisions requiring licensing and registration of vehicles and vehicle drivers’ licenses; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires that electric bicycles be allowed on any trail or pedestrian walkway that is intended for use by bicycles and is constructed using certain federal funds. Section 1.3 of this bill requires the Department of Public Safety to include electric bicycles in educational programs concerning bicycle safety. (NRS 480.700) Sections 1.7-8.7 of this bill exclude electric bicycles from vehicle licensing and registration requirements. Sections 10-13 of this bill exclude electric bicycles from the provisions requiring vehicle drivers’ licenses. Section 14 of this bill adds electric bicycles to the requirements for the program of safety education. Sections 15-30 of this bill provide that electric bicycles are subject to the same traffic laws and various other requirements as bicycles. Section 35.5 of this bill requires the Motor Vehicle Recovery and Transportation Planner of the Department to include electric bicycles in the development and administration of plans relating to the establishment, construction and maintenance of bicycle lanes and routes in this State. (NRS 408.234)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 480 of NRS is hereby amended by adding thereto a new section to read as follows:

      Electric bicycles, as defined in section 2 of this act, must be allowed on any trail or pedestrian walkway that is intended for use by bicycles and is constructed using federal funding obtained pursuant to 23 U.S.C. § 217.

      Sec. 1.3.  NRS 480.700 is hereby amended to read as follows:

      480.700  1.  The Department shall develop an educational program concerning bicycle safety which must be:

      (a) Suitable for children and adults; and

      (b) Developed by a person who is trained in the techniques of bicycle safety.

 


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

ê2009 Statutes of Nevada, Page 394 (Chapter 109, AB 441)ê

 

      2.  The program must be designed to:

      (a) Aid bicyclists in improving their riding skills;

      (b) Inform bicyclists of applicable traffic laws and encourage observance of those laws; and

      (c) Promote bicycle safety.

      3.  As used in this section, “bicycle” has the meaning ascribed to it in NRS 484.019 and includes an electric bicycle as defined in section 2 of this act.

      Sec. 1.7.  Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  “Electric bicycle” means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals and is propelled by a small electric engine which produces not more than 1 gross brake horsepower and which produces not more than 750 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.

Ê The term does not include a moped.

      Secs. 3 and 4.  (Deleted by amendment.)

      Sec. 5.  NRS 482.010 is hereby amended to read as follows:

      482.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 482.0105 to 482.137, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 482.069 is hereby amended to read as follows:

      482.069  “Moped” means a [vehicle which looks and handles essentially like a bicycle and] motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower [and which] , has a displacement of not more than 50 cubic centimeters [,] or produces not more than 1500 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

Ê The term does not include an electric bicycle.

      Sec. 7.  NRS 482.070 is hereby amended to read as follows:

      482.070  “Motorcycle” means every motor vehicle designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term “electric bicycle,” “tractor” or “moped” as defined in this chapter.

      Sec. 7.5.  NRS 482.087 is hereby amended to read as follows:

      482.087  “Passenger car” means a motor vehicle designed for carrying 10 persons or less, except a motorcycle [, power cycle] or motor-driven cycle.

      Sec. 8.  NRS 482.210 is hereby amended to read as follows:

      482.210  1.  The provisions of this chapter requiring the registration of certain vehicles do not apply to:

      (a) Special mobile equipment.

      (b) Implements of husbandry temporarily drawn, moved or otherwise propelled upon the highways.

 


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

ê2009 Statutes of Nevada, Page 395 (Chapter 109, AB 441)ê

 

      (c) Any mobile home or commercial coach subject to the provisions of chapter 489 of NRS.

      (d) Electric bicycles.

      (e) Golf carts which are:

            (1) Traveling upon highways properly designated by the appropriate city or county as permissible for the operation of golf carts; and

            (2) Operating pursuant to a permit issued pursuant to this chapter.

      [(e)] (f) Mopeds . [.

      (f)] (g) Towable tools or equipment as defined in NRS 484.202.

      [(g)] (h) Any motorized conveyance for a wheelchair, whose operator is a person with a disability who is unable to walk about.

      2.  For the purposes of this section, “motorized conveyance for a wheelchair” means a vehicle which:

      (a) Can carry a wheelchair;

      (b) Is propelled by an engine which produces not more than 3 gross brake horsepower [or] has a displacement of not more than 50 cubic centimeters [;] or produces not more than 2250 watts final output;

      (c) Is designed to travel on not more than three wheels; and

      (d) Can reach a speed of not more than 30 miles per hour on a flat surface with not more than a grade of 1 percent in any direction.

Ê The term does not include a tractor.

      Sec. 8.3.  NRS 482.265 is hereby amended to read as follows:

      482.265  1.  The Department shall furnish to every owner whose vehicle is registered two license plates for a motor vehicle other than a motorcycle [or power cycle,] and one license plate for all other vehicles required to be registered hereunder. Upon renewal of registration, the Department may issue one or more license plate stickers, tabs or other suitable devices in lieu of new license plates.

      2.  The Director shall have the authority to require the return to the Department of all number plates upon termination of the lawful use thereof by the owner under this chapter.

      3.  Except as otherwise specifically provided by statute, for the issuance of each special license plate authorized pursuant to this chapter:

      (a) The fee to be received by the Department for the initial issuance of the special license plate is $35, exclusive of any additional fee which may be added to generate funds for a particular cause or charitable organization;

      (b) The fee to be received by the Department for the renewal of the special license plate is $10, exclusive of any additional fee which may be added to generate financial support for a particular cause or charitable organization; and

      (c) The Department shall not design, prepare or issue a special license plate unless, within 4 years after the date on which the measure authorizing the issuance becomes effective, it receives at least 250 applications for the issuance of that plate.

      Sec. 8.7.  NRS 482.275 is hereby amended to read as follows:

      482.275  1.  The license plates for a motor vehicle other than a motorcycle [, power cycle] or motor vehicle being transported by a licensed vehicle transporter must be attached thereto, one in the rear and, except as otherwise provided in subsection 2, one in the front. The license plate issued for all other vehicles required to be registered must be attached to the rear of the vehicle. The license plates must be so displayed during the current calendar year or registration period.

 


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

ê2009 Statutes of Nevada, Page 396 (Chapter 109, AB 441)ê

 

      2.  If the motor vehicle was not manufactured to include a bracket, device or other contrivance to display and secure a front license plate, and if the manufacturer of the motor vehicle provided no other means or method by which a front license plate may be displayed upon and secured to the motor vehicle:

      (a) One license plate must be attached to the motor vehicle in the rear; and

      (b) The other license plate may, at the option of the owner of the vehicle, be attached to the motor vehicle in the front.

      3.  The provisions of subsection 2 do not relieve the Department of the duty to issue a set of two license plates as otherwise required pursuant to NRS 482.265 or other applicable law and do not entitle the owner of a motor vehicle to pay a reduced tax or fee in connection with the registration or transfer of the motor vehicle. If the owner of a motor vehicle, in accordance with the provisions of subsection 2, exercises the option to attach a license plate only to the rear of the motor vehicle, the owner shall:

      (a) Retain the other license plate; and

      (b) Insofar as it may be practicable, return or surrender both plates to the Department as a set when required by law to do so.

      4.  Every license plate must at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and must be maintained free from foreign materials and in a condition to be clearly legible.

      5.  Any license plate which is issued to a vehicle transporter or a dealer, rebuilder or manufacturer may be attached to a vehicle owned or controlled by that person by a secure means. No license plate may be displayed loosely in the window or by any other unsecured method in any motor vehicle.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Electric bicycle” means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals and is propelled by a small electric engine which produces not more than 1 gross brake horsepower and which produces not more than 750 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.

Ê The term does not include a moped.

      Sec. 11.  NRS 483.020 is hereby amended to read as follows:

      483.020  As used in NRS 483.010 to 483.630, inclusive, and section 10 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, and section 10 of this act have the meanings ascribed to them in those sections.

 


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

ê2009 Statutes of Nevada, Page 397 (Chapter 109, AB 441)ê

 

      Sec. 12.  NRS 483.088 is hereby amended to read as follows:

      483.088  “Moped” means a [vehicle which looks and handles essentially like a bicycle and] motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower [and which] , has a displacement of not more than 50 cubic centimeters [,] or produces not more than 1500 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

Ê The term does not include an electric bicycle.

      Sec. 13.  NRS 483.090 is hereby amended to read as follows:

      483.090  “Motor vehicle” means every vehicle which is self-propelled, and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails. “Motor vehicle” includes a moped. The term does not include an electric bicycle.

      Sec. 14.  NRS 483.203 is hereby amended to read as follows:

      483.203  The position of Drivers’ Education and Safety Officer is hereby created in the Department. The Drivers’ Education and Safety Officer:

      1.  Shall plan and administer a program of safety education which includes safety information concerning interaction among motor vehicles, bicycles , electric bicycles and pedestrians.

      2.  May provide grants to local governmental entities, including school districts, for assistance in carrying out the program of safety education.

      Sec. 15.  Chapter 484 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Electric bicycle” means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals and is propelled by a small electric engine which produces not more than 1 gross brake horsepower and which produces not more than 750 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.

Ê The term does not include a moped.

      Sec. 16.  NRS 484.013 is hereby amended to read as follows:

      484.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 484.014 to 484.217, inclusive, and section 15 of this act have the meanings ascribed to them in those sections.

      Sec. 17.  NRS 484.0798 is hereby amended to read as follows:

      484.0798  “Moped” means a [vehicle which looks and handles essentially like a bicycle and] motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower [and which] , has a displacement of not more than 50 cubic centimeters [,] or produces not more than 1500 watts final output, and:

 


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

ê2009 Statutes of Nevada, Page 398 (Chapter 109, AB 441)ê

 

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

Ê The term does not include an electric bicycle.

      Sec. 18.  NRS 484.083 is hereby amended to read as follows:

      484.083  “Motorcycle” means every motor vehicle equipped with a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, [including a power cycle but] excluding an electric bicycle, a tractor or a moped.

      Sec. 18.3.  NRS 484.101 is hereby amended to read as follows:

      484.101  “Passenger car” means every motor vehicle, except motorcycles [, power cycles] and motor-driven cycles, designed for carrying 10 passengers or less and used for the transportation of persons.

      Sec. 18.7.  NRS 484.313 is hereby amended to read as follows:

      484.313  1.  The Department of Transportation or a local authority, after considering the advice of the Nevada Bicycle Advisory Board, may with respect to any controlled-access highway under its jurisdiction:

      (a) Require a permit for the use of the highway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a power cycle; or

      (b) If it determines that the use of the highway for such a purpose would not be safe, prohibit the use of the highway by pedestrians, bicycles or other nonmotorized traffic . [or by any person operating a power cycle.]

      2.  Any person who violates any prohibition or restriction enacted pursuant to subsection 1 is guilty of a misdemeanor.

      Sec. 19.  NRS 484.324 is hereby amended to read as follows:

      484.324  1.  The driver of a motor vehicle shall not:

      (a) Intentionally interfere with the movement of a person lawfully riding a bicycle [;] or an electric bicycle; or

      (b) Overtake and pass a person riding a bicycle or an electric bicycle unless he can do so safely without endangering the person riding the bicycle [.] or electric bicycle.

      2.  The driver of a motor vehicle shall yield the right-of-way to any person riding a bicycle or an electric bicycle on the pathway or lane. The driver of a motor vehicle shall not enter, stop, stand, park or drive within a pathway or lane provided for bicycles or electric bicycles except:

      (a) When entering or exiting an alley or driveway;

      (b) When operating or parking a disabled vehicle;

      (c) To avoid conflict with other traffic;

      (d) In the performance of official duties;

      (e) In compliance with the directions of a police officer; or

      (f) In an emergency.

      3.  Except as otherwise provided in subsection 2, the driver of a motor vehicle shall not enter or proceed through an intersection while driving within a pathway or lane provided for bicycles [.] or electric bicycles.

      4.  The driver of a motor vehicle shall:

      (a) Exercise due care to avoid a collision with a person riding a bicycle [;] or an electric bicycle; and

      (b) Give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision.

 


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

ê2009 Statutes of Nevada, Page 399 (Chapter 109, AB 441)ê

 

      5.  The operator of a bicycle or an electric bicycle shall not:

      (a) Intentionally interfere with the movement of a motor vehicle; or

      (b) Overtake and pass a motor vehicle unless he can do so safely without endangering himself or the occupants of the motor vehicle.

      Sec. 20.  NRS 484.501 is hereby amended to read as follows:

      484.501  1.  It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in NRS 484.505 to 484.513, inclusive.

      2.  The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

      3.  The provisions applicable to bicycles and electric bicycles shall apply whenever a bicycle or an electric bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles or electric bicycles subject to those exceptions stated herein.

      Sec. 21.  NRS 484.503 is hereby amended to read as follows:

      484.503  Every person riding a bicycle or an electric bicycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle except as otherwise provided in NRS 484.504 to 484.513, inclusive, and except as to those provisions of this chapter which by their nature can have no application.

      Sec. 22.  NRS 484.504 is hereby amended to read as follows:

      484.504  1.  Except as otherwise provided in this section, a peace officer, a firefighter, an emergency medical technician certified pursuant to chapter 450B of NRS or an employee of a pedestrian mall, who operates a bicycle or an electric bicycle while he is on duty, is not required to comply with any provision of NRS or any ordinance of a local government relating to the operation of a bicycle or an electric bicycle while on duty if he:

      (a) Is responding to an emergency call or the peace officer is in pursuit of a suspected violator of the law; or

      (b) Determines that noncompliance with any such provision is necessary to carry out his duties.

      2.  The provisions of this section do not:

      (a) Relieve a peace officer, firefighter, emergency medical technician or employee of a pedestrian mall from the duty to operate a bicycle or an electric bicycle with due regard for the safety of others.

      (b) Protect such a person from the consequences of his disregard for the safety of others.

      3.  As used in this section, “pedestrian mall” has the meaning ascribed to it in NRS 268.811.

      Sec. 23.  NRS 484.505 is hereby amended to read as follows:

      484.505  1.  A person propelling a bicycle or an electric bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

      2.  No bicycle or electric bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

      Sec. 24.  NRS 484.507 is hereby amended to read as follows:

      484.507  No person riding upon any bicycle, electric bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

 


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

ê2009 Statutes of Nevada, Page 400 (Chapter 109, AB 441)ê

 

      Sec. 25.  NRS 484.509 is hereby amended to read as follows:

      484.509  1.  Every person operating a bicycle or an electric bicycle upon a roadway shall, except:

      (a) When traveling at a lawful rate of speed commensurate with the speed of any nearby traffic;

      (b) When preparing to turn left; or

      (c) When doing so would not be safe,

Ê ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

      2.  Persons riding bicycles or electric bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles [.] or electric bicycles.

      Sec. 26.  NRS 484.511 is hereby amended to read as follows:

      484.511  No person operating a bicycle or an electric bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.

      Sec. 27.  NRS 484.513 is hereby amended to read as follows:

      484.513  1.  Every bicycle or electric bicycle when in use at night must be equipped with:

      (a) A lamp on the front which emits a white light visible from a distance of at least 500 feet to the front;

      (b) A red reflector on the rear of a type approved by the Department which must be visible from 50 feet to 300 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle; and

      (c) Reflective material of a sufficient size and reflectivity to be visible from both sides of the bicycle for 600 feet when directly in front of the lawful lower beams of the head lamps of a motor vehicle, or in lieu of such material, a lighted lamp visible from both sides from a distance of at least 500 feet.

      2.  Every bicycle or electric bicycle must be equipped with a brake which will enable the operator to make the wheels skid on dry, level, clean pavement.

      Sec. 28.  NRS 484.595 is hereby amended to read as follows:

      484.595  1.  Every motor vehicle and combination of vehicles, at all times and under all conditions of loading, upon application of the service brake, shall be capable of:

      (a) Developing a braking force that is not less than the percentage of its gross weight tabulated in subsection 2 for its classification;

      (b) Decelerating to a stop from not more than 20 miles per hour at not less than the feet per second per second tabulated in subsection 2 for its classification; and

      (c) Stopping from a speed of 20 miles per hour, in not more than the distance tabulated in subsection 2 for its classification, such distance to be measured from the point at which movement of the service brake pedal or control begins.

      2.  The required braking forces, decelerations and braking distances are tabulated as follows:

 


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

ê2009 Statutes of Nevada, Page 401 (Chapter 109, AB 441)ê

 

                                                                                                           Brake system

                                                                                                             application

                                                             Braking                                 and braking

                                                            force as a                                   distance

                                                           percentage                                   in feet

                                                             of gross                                     from an

                                                            vehicle or      Deceleration        initial

      Classification                           combination      in feet per        speed of

      of Vehicles                                    weight              second          20 m.p.h.

 

      Passenger vehicles with a seating capacity of 10 people or less including driver, not having manufacturer’s gross vehicle weight rating............................... 52.8%               17                 25

      All motorcycles [,] and mopeds [and motor-driven cycles]                43.5%..................................... 14 30

      Single-unit vehicles with manufacturer’s gross vehicle weight rating of 10,000 pounds or less                    43.5%                 14      30

      Single-unit vehicles with manufacturer’s gross weight rating of more than 10,000 pounds......... 43.5%               14                 40

      Combination of a two-axle towing vehicle and trailer with a gross trailer weight of 3,000 pounds or less                    43.5%      14........................................... 40

      Buses, regardless of the number of axles, not having a manufacturer’s gross weight rating                                   43.5%      14........................................... 40

      All combinations of vehicles in driveaway-towaway operations       43.5%..................................... 14 40

      All other vehicles and combinations of vehicles                 43.5%      14........................................... 50

 

      3.  Tests for deceleration and stopping distance shall be made on a substantially level (not to exceed plus or minus 1-percent grade), dry, smooth, hard surface that is free from loose material.

      Sec. 29.  NRS 484.601 is hereby amended to read as follows:

      484.601  Every motor vehicle, trailer, semitrailer, house trailer and pole trailer, and every combination of such vehicles, except motorcycles [,] and mopeds, [power cycles and motor-driven cycles,] equipped with brakes shall have the braking system so arranged that one control device can be used to operate all service brakes. The braking system on the towed vehicle may be surge actuated brakes. This requirement does not prohibit vehicles from being equipped with an additional control device to be used to operate brakes on the towed vehicles. This regulation does not apply to driveaway or towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.

 


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

ê2009 Statutes of Nevada, Page 402 (Chapter 109, AB 441)ê

 

towaway operations unless the brakes on the individual vehicles are designed to be operated by a single control on the towing vehicle.

      Sec. 30.  NRS 484.779 is hereby amended to read as follows:

      484.779  1.  Except as otherwise provided in subsection 3, a local authority may adopt, by ordinance, regulations with respect to highways under its jurisdiction within the reasonable exercise of the police power:

      (a) Regulating or prohibiting processions or assemblages on the highways.

      (b) Designating particular highways as one-way highways and requiring that all vehicles thereon be moved in one specific direction.

      (c) Designating any highway as a through highway, requiring that all vehicles stop before entering or crossing the highway, or designating any intersection as a stop or a yield intersection and requiring all vehicles to stop or yield at one or more entrances to the intersection.

      (d) Designating truck , [and] bicycle and electric bicycle routes.

      (e) Adopting such other traffic regulations related to specific highways as are expressly authorized by this chapter.

      2.  An ordinance relating to traffic control enacted under this section is not effective until official devices for traffic control giving notice of those local traffic regulations are posted upon or at the entrances to the highway or part thereof affected as is most appropriate.

      3.  An ordinance enacted under this section is not effective with respect to:

      (a) Highways constructed and maintained by the Department of Transportation under the authority granted by chapter 408 of NRS; or

      (b) Alternative routes for the transport of radioactive, chemical or other hazardous materials which are governed by regulations of the United States Department of Transportation,

Ê until the ordinance has been approved by the Board of Directors of the Department of Transportation.

      4.  As used in this section, “hazardous material” has the meaning ascribed to it in NRS 459.7024.

      Sec. 31.  (Deleted by amendment.)

      Sec. 32.  NRS 485.313 is hereby amended to read as follows:

      485.313  1.  The Department shall create a system for verifying that the owners of motor vehicles maintain the insurance required by NRS 485.185.

      2.  As used in this section, “motor vehicle” does not include:

      (a) [A] Except as otherwise provided in subsection 1 of NRS 482.398, a golf cart as that term is defined in NRS 482.044.

      (b) A motortruck, truck-tractor, bus or other vehicle that is registered pursuant to paragraph (e) of subsection 1 of NRS 482.482 or NRS 706.801 to 706.861, inclusive.

      Sec. 33.  NRS 486.038 is hereby amended to read as follows:

      486.038  “Moped” means a [vehicle which looks and handles essentially like a bicycle and] motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower [and which] , has a displacement of not more than 50 cubic centimeters [,] or produces not more than 1500 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

 


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

ê2009 Statutes of Nevada, Page 403 (Chapter 109, AB 441)ê

 

      2.  Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

Ê The term does not include an electric bicycle as defined in section 10 of this act.

      Sec. 34.  NRS 486.041 is hereby amended to read as follows:

      486.041  “Motorcycle” means every motor vehicle equipped with a seat or a saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, [including a power cycle but] excluding an electric bicycle as defined in section 10 of this act, a tractor and a moped.

      Sec. 35.  NRS 486A.110 is hereby amended to read as follows:

      486A.110  “Motor vehicle” means every vehicle which is self-propelled, but not operated on rails, used upon a highway for the purpose of transporting persons or property. The term does not include [a:] :

      1.  An electric bicycle as defined in section 10 of this act;

      2.  [Farm] A farm tractor as defined in NRS 482.035;

      [2.] 3.  [Moped] A moped as defined in NRS 482.069; and

      [3.] 4.  [Motorcycle] A motorcycle as defined in NRS 482.070.

      Sec. 35.5.  NRS 408.234 is hereby amended to read as follows:

      408.234  1.  The position of Motor Vehicle Recovery and Transportation Planner is hereby created in the Department.

      2.  The Motor Vehicle Recovery and Transportation Planner shall:

      (a) Develop and administer a plan for the construction of motor vehicle recovery and bicycle lanes that are not less than 3 feet wide in all new construction and major repair work on every highway in the State, in accordance with appropriate standards of design;

      (b) Develop a plan for the maintenance of motor vehicle recovery and bicycle lanes throughout the State;

      (c) Prepare and distribute information on motor vehicle recovery and bicycle lanes, bicycle safety manuals and bicycle route maps throughout the State;

      (d) Develop standards for the design of motor vehicle recovery and bicycle lanes and bicycle paths and routes;

      (e) Develop standardized signs and markings which indicate bicycle lanes;

      (f) Determine where appropriate signs and markings will be located on state highways and coordinate their placement;

      (g) Establish a statewide plan of motor vehicle recovery and bicycle lanes and bicycle paths and routes and update the plan annually;

      (h) Identify projects which are related to motor vehicle recovery and bicycle lanes and place each project in its proper order of priority;

      (i) Investigate possible sources of money which may be available to promote motor vehicle recovery and bicycle lanes and bicycle facilities and programs throughout this State and solicit money from those sources;

      (j) Provide assistance to the Department of Motor Vehicles and the Department of Public Safety in coordinating activities which are related to motor vehicle and bicycle safety in the communities of this State;

      (k) Investigate the programs of the Rails-to-Trails Conservancy and where feasible, participate in those programs;

      (l) Identify the potential effect of bicycle programs on tourism in this State; and

      (m) Carry out any other duties assigned to him by the Director.

 


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

ê2009 Statutes of Nevada, Page 404 (Chapter 109, AB 441)ê

 

      3.  The Director may remove any of the duties set out in subsection 2 if he determines that the duty is no longer necessary or appropriate.

      4.  As used in this section, “bicycle” has the meaning ascribed to it in NRS 484.019 and includes an electric bicycle as defined in section 2 of this act.

________

 

CHAPTER 110, AB 353

Assembly Bill No. 353–Assemblymen Bobzien, Smith, Leslie, Parnell, Anderson; Goicoechea, Kirkpatrick and Settelmeyer

 

CHAPTER 110

 

AN ACT relating to property; revising the abatement procedures and penalties for a violation of certain state laws that prohibit public nuisances; expanding the applicability of certain abatement procedures available to a board of county commissioners; authorizing the solid waste management authority in all counties to establish a program for the control of unlawful dumping; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires a court or magistrate to order an abatement of a public nuisance. Section 1 of this bill additionally requires the court or magistrate to impose a civil penalty on a person convicted of a public nuisance and provides additional procedures for the abatement of the nuisance, including, without limitation: (1) time limitations on the period during which the person must complete the abatement; and (2) procedures for an agency to abate the nuisance, at the discretion of the agency, if the person does not abate the nuisance. Section 1 also requires that civil penalties collected under this section be deposited in an account used only for abatement. (NRS 202.480)

      Existing law authorizes a board of county commissioners to adopt an ordinance to secure a dangerous structure or condition. Section 2.5 of this bill amends existing law to authorize a board of county commissioners to adopt an ordinance to summarily abate certain dangerous structures or conditions and provides a process for providing the owner with notice of the summary abatement and for judicial review of the summary abatement. (NRS 244.3601)

      Existing law authorizes a board of county commissioners to adopt an ordinance to administratively and on its own accord require an owner of a property to abate a dangerous structure, rubbish or noxious weeds. Section 3 of this bill expands those provisions to apply to the abatement of any other public nuisance as defined in the ordinance adopted by the board which prohibits a nuisance. (NRS 244.3605)

      Existing law authorizes the solid waste management authority in each county with a population of 400,000 (currently Clark County) to establish a program for the control of unlawful dumping. Section 5 of this bill removes the population threshold to authorize the solid waste management authority in each county to establish such a program. (NRS 444.629)

      Existing law provides that if a person is convicted of unlawfully disposing certain waste or sewage, a court clerk who receives any civil penalties from the person for the violation must remit the money to the district health department if the health authority initiated the action. Section 6 of this bill requires the court clerk to remit the money to the district health department also if a person, other than the health authority, who is authorized to enforce the provisions of NRS 444.630 initiated the action for a violation of NRS 444.630. (NRS 444.635)

 


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

ê2009 Statutes of Nevada, Page 405 (Chapter 110, AB 353)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.480 is hereby amended to read as follows:

      202.480  1.  Any court or magistrate before whom there may be pending any proceeding for a violation of NRS 202.470 shall, in addition to any fine or other punishment which it may impose for such a violation, order [such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the sheriff at the cost of the defendant.] :

      (a) The defendant to abate the nuisance. The abatement must begin within 3 days after the court or magistrate enters the order to abate and must be completed within the time period specified by the court or magistrate. The responsible agency shall supervise the abatement and report to the court or magistrate regarding whether the abatement was successfully completed within the time period specified by the court or magistrate.

      (b) The defendant to pay a civil penalty of not less than $500 but not more than $5,000. If ordered by the court or magistrate, the penalty may be paid in installments. The responsible agency may attempt to collect a civil penalty or installment that is in default in any manner provided by law for the enforcement of a judgment.

      2.  If a defendant is ordered to abate a nuisance pursuant to subsection 1 and fails to abate the nuisance within the time period specified by the court or magistrate, the responsible agency may assume responsibility and abate the nuisance, at the expense of the defendant. If the responsible agency abates the nuisance, the responsible party shall report to the court or magistrate upon the successful completion of the abatement.

      3.  Any civil penalty collected pursuant to subsection 1 must be deposited with the treasurer of the responsible agency in an account used solely to pay costs associated with any abatement ordered by a court or magistrate.

      4.  As used in this section, “responsible agency” means an agency, officer, bureau, board, commission, department, division or any other unit of government of the State or a local government that is designated by a court or magistrate as the party responsible for carrying out any action pursuant to this section.

      Sec. 2.  (Deleted by amendment.)

      Sec. 2.5.  NRS 244.3601 is hereby amended to read as follows:

      244.3601  1.  Notwithstanding the abatement procedures set forth in NRS 244.360 [,] or 244.3605, a board of county commissioners may, by ordinance, provide for a reasonable means to secure or summarily abate a dangerous structure or condition that at least three persons who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of a local law enforcement agency or fire department, determine in a signed, written statement to be an imminent danger . [to the surrounding neighborhood. The]

      2.  Except as otherwise provided in subsection 3, the owner of the property on which the structure or condition is located must be given reasonable written notice that is:

 


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

ê2009 Statutes of Nevada, Page 406 (Chapter 110, AB 353)ê

 

      (a) If practicable, hand-delivered or sent prepaid by United States mail to the owner of the property; or

      (b) Posted on the property,

Ê before the structure or condition is so secured. The notice must state clearly that the owner of the property may challenge the action to secure or summarily abate the structure or condition and must provide a telephone number and address at which the owner may obtain additional information.

      [2.] 3.  If it is determined in the signed, written statement provided pursuant to subsection 1 that the structure or condition is an imminent danger and the result of the imminent danger is likely to occur before the notice and an opportunity to challenge the action can be provided pursuant to subsection 2, then the structure or condition which poses such an imminent danger that presents an immediate hazard may be summarily abated. A structure or condition summarily abated pursuant to this section may only be abated to the extent necessary to remove the imminent danger that presents an immediate hazard. The owner of the structure or condition which is summarily abated must be given written notice of the abatement after its completion. The notice must state clearly that the owner of the property may seek judicial review of the summary abatement and must provide an address and telephone number at which the owner may obtain additional information concerning the summary abatement.

      4.  The costs of securing or summarily abating the structure or condition may be made a special assessment against the real property on which the structure or condition is located and may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

      [3.] 5.  As used in this section [, “imminent] :

      (a) “Dangerous structure or condition” has the meaning ascribed to it in subsection 5 of NRS 244.3605.

      (b) “Imminent danger” means the existence of any structure or condition that could reasonably be expected to cause injury or endanger the life, safety , [or] health or property of:

      [(a)] (1) The occupants, if any, of the real property on which the structure or condition is located; or

      [(b)] (2) The general public.

      Sec. 3.  NRS 244.3605 is hereby amended to read as follows:

      244.3605  1.  Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may , to abate public nuisances, adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:

      (a) Repair, safeguard or eliminate a dangerous structure or condition;

      (b) Clear debris, rubbish and refuse which is not subject to the provisions of chapter 459 of NRS; [or]

      (c) Clear weeds and noxious plant growth [,] ; or

      (d) Repair, clear, correct, rectify, safeguard or eliminate any other public nuisance as defined in the ordinance adopted pursuant to this section,

Ê to protect the public health, safety and welfare of the residents of the county.

 


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

ê2009 Statutes of Nevada, Page 407 (Chapter 110, AB 353)ê

 

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

            (1) Sent notice, by certified mail, return receipt requested, of the existence on his property of a [condition] public nuisance set forth in subsection 1 and the date by which he must abate the [condition;] public nuisance; and

            (2) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision either to the board [.] or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.

      (b) Provide that the date specified in the notice by which the owner must abate the [condition] public nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the county will recover money expended to abate the [condition] public nuisance on the property if the owner fails to abate the [condition.] public nuisance.

      (d) Provide for civil penalties for each day that the owner did not abate the [condition] public nuisance after the date specified in the notice by which the owner was required to abate the [condition.] public nuisance.

      3.  The [board or its designee may direct the] county [to] may abate the [condition] public nuisance on the property and may recover the amount expended by the county for labor and materials used to abate the [condition] public nuisance if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the [condition] public nuisance on his property within the period specified in the notice;

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the [condition] public nuisance within the period specified in the order; or

      (c) The board or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the [condition] public nuisance within the period specified in the order.

      4.  In addition to any other reasonable means of recovering money expended by the county to abate the [condition, the board may make] public nuisance, the expense is a special assessment against the property upon which the [condition] public nuisance is located [. The] , and this special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

      5.  As used in this section, “dangerous structure or condition” means a structure or condition that is a public nuisance which may cause injury to or endanger the health, life, property or safety of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

      (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 244.3675 with respect to minimum levels of health or safety; or

      (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the board of county commissioners of a county, the violation of which is designated by the board as a public nuisance in the ordinance, rule or regulation.

 


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

ê2009 Statutes of Nevada, Page 408 (Chapter 110, AB 353)ê

 

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  NRS 444.629 is hereby amended to read as follows:

      444.629  1.  The solid waste management authority in each county [whose population is 400,000 or more] may establish a program for the control of unlawful dumping and administer the program within its jurisdiction unless superseded.

      2.  The program established pursuant to subsection 1 must:

      (a) Include standards and procedures for the control of unlawful dumping which are equivalent to or stricter than those established by statute or state regulation; and

      (b) Provide for adequate administration and enforcement.

      3.  [In a county whose population is 400,000 or more, the] The solid waste management authority may delegate to an independent hearing officer or hearing board the authority to determine violations and levy administrative penalties for violations of the provisions of NRS 444.440 to 444.645, inclusive, or any regulation adopted pursuant to those sections.

      Sec. 6.  NRS 444.635 is hereby amended to read as follows:

      444.635  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person convicted of violating NRS 444.555 and, in addition to the penalty imposed pursuant to NRS 444.583 or 444.630, any person convicted of violating NRS 444.583 or 444.630 is liable for a civil penalty upon each such conviction.

      2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a court before whom a defendant is convicted of a violation of the provisions of NRS 444.555, 444.583 or 444.630, shall order the defendant:

      (a) For a first offense, to pay a civil penalty which is at least $500 but not more than $5,000.

      (b) For a second offense, to pay a civil penalty which is at least $1,000 but not more than $5,500.

      (c) For a third offense, to pay a civil penalty which is at least $1,500 but not more than $6,000.

      (d) For any subsequent offense, to pay a civil penalty which is at least $500 more than the most recent previous civil penalty that the defendant was ordered to pay pursuant to this subsection.

      3.  If so provided by the court, a penalty imposed pursuant to this section may be paid in installments.

      4.  The solid waste management authority may attempt to collect all such penalties and installments which are in default in any manner provided by law for the enforcement of a judgment.

      5.  [Each] Except as otherwise provided in this subsection, each court which receives money pursuant to the provisions of this section shall forthwith remit the money to the Division of Environmental Protection of the State Department of Conservation and Natural Resources [or, if] , which shall deposit the money with the State Treasurer for credit in a separate account in the State General Fund. If the health authority initiated the action [,] or, if any other person authorized to enforce NRS 444.630 initiated the action and the money collected was for a violation of NRS 444.630, the court shall remit the money to the district health department which shall deposit the money [with the State Treasurer for credit in a separate account in the State General Fund or] with the county treasurer for deposit in an account for the district health department . [, as the case may be.] Money [so] deposited pursuant to this subsection must be:

 


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

ê2009 Statutes of Nevada, Page 409 (Chapter 110, AB 353)ê

 

      (a) Used only to pay:

            (1) Rewards pursuant to NRS 444.640;

            (2) For education regarding the unlawful disposal of solid waste;

            (3) For the cleaning up of dump sites; and

            (4) For the management of solid waste; and

      (b) Paid as other claims against the state or local governments are paid.

________

 

CHAPTER 111, AB 364

Assembly Bill No. 364–Assemblymen Mastroluca, Buckley, Leslie, Smith; Denis and Pierce

 

CHAPTER 111

 

AN ACT relating to the protection of children; making various changes to provisions governing the court-ordered admission of a child to a locked facility; requiring a court to provide a hearing to determine whether to include rights to visitation of siblings in a decree of adoption; requiring the development of policies concerning certain medication given to children with emotional disturbances; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth the procedure for petitioning a court to order the admission of certain children with emotional disturbances to a locked facility for treatment. (NRS 432B.607-432B.6085) Section 1.3 of this bill clarifies that as used in those provisions, “court-ordered admission of a child” includes a child for whom a petition is filed to continue placement after an emergency admission. Section 1.5 of this bill requires each agency which provides child welfare services to establish appropriate policies to ensure that children in the custody of the agency have timely access to clinically appropriate psychotropic medication. Section 11 of this bill requires the Division of Child and Family Services of the Department of Health and Human Services to adopt consistent policies with respect to access to such medication by children in division facilities.

      Section 3 of this bill requires a petition for the court-ordered admission of a child with an emotional disturbance into a locked facility to be filed within 5 days after an emergency admission or the child must be released. (NRS 432B.6075) Section 4 of this bill clarifies that the court proceeding for the court-ordered admission of a child who is alleged to be a child with an emotional disturbance must include an evidentiary hearing. (NRS 432B.6076) Section 5 of this bill expands the manner in which a person is allowed to oppose a petition for the court-ordered admission of a child into a locked facility to include an opposition stated verbally in court. Section 6 of this bill provides that if a court authorizes a second evaluation team to examine a child who is subject to a court-ordered admission to a locked facility, the second examination must be conducted within 5 business days by a team that is not affiliated with, employed by or otherwise connected to the facility where the child has been admitted. (NRS 432B.6078) Section 7 of this bill requires a court to apply the same standards in considering a petition to renew a court-ordered admission of a child as were applied to the original petition. Section 8 of this bill extends the time for developing a plan for the care, treatment and training of a child subject to a court-ordered admission to a locked facility from 5 to 10 days after the child is admitted to the facility, and removes the requirement that the plan include certain criteria which the child must satisfy before discharge.

 


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

ê2009 Statutes of Nevada, Page 410 (Chapter 111, AB 364)ê

 

      Section 10 of this bill requires a court to conduct a hearing to determine whether to grant visitation rights to a sibling as part of an adoption decree when the adoption is of a child in the custody of an agency which provides child welfare services. Section 10 further requires the agency which provides child welfare services to provide the court that is conducting the adoption proceedings with a copy of any existing order for visitation with a sibling of the child and allows certain interested parties to petition to participate in the determination as to whether to include visitation rights in the adoption decree.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.5 of this act.

      Sec. 1.3.  “Court-ordered admission of a child” includes, without limitation:

      1.  A child who is in the custody of an agency which provides child welfare services and who is not in a facility whom the court orders to be admitted to a facility; and

      2.  A child who has been placed in a facility under an emergency admission and whom the court orders to be admitted for the purpose of continuing the placement.

      Sec. 1.5.  Each agency which provides child welfare services shall establish appropriate policies to ensure that children in the custody of the agency have timely access to clinically appropriate psychotropic medication. The policies must include, without limitation, policies concerning:

      1.  The use of psychotropic medication in a manner that has not been tested or approved by the United States Food and Drug Administration, including, without limitation, the use of such medication for a child who is of an age that has not been tested or approved or who has a condition for which the use of the medication has not been tested or approved;

      2.  Prescribing any psychotropic medication for use by a child who is less than 4 years of age;

      3.  The concurrent use by a child of three or more classes of psychotropic medication; and

      4.  The concurrent use by a child of two psychotropic medications of the same class.

      Sec. 2.  NRS 432B.607 is hereby amended to read as follows:

      432B.607  As used in NRS 432B.607 to 432B.6085, inclusive, and section 1.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 432B.6071 to 432B.6074, inclusive, and section 1.3 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 432B.6075 is hereby amended to read as follows:

      432B.6075  1.  A proceeding for a court-ordered admission of a child alleged to be a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to a facility may be commenced by the filing of a petition with the clerk of the court which has jurisdiction in proceedings concerning the child. The petition may be filed by the agency which provides child welfare services without the consent of a parent of the child. The petition must be accompanied:

 


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

ê2009 Statutes of Nevada, Page 411 (Chapter 111, AB 364)ê

 

      [1.] (a) By a certificate of a physician, psychiatrist or licensed psychologist stating that he has examined the child alleged to be a child with an emotional disturbance and has concluded that the child has an emotional disturbance and, because of that condition, is likely to harm himself or others if allowed his liberty; or

      [2.] (b) By a sworn written statement by the petitioner that:

      [(a)] (1) The petitioner has, based upon his personal observation of the child alleged to be a child with an emotional disturbance, probable cause to believe that the child has an emotional disturbance and, because of that condition, is likely to harm himself or others if allowed his liberty; and

      [(b)] (2) The child alleged to be a child with an emotional disturbance has refused to submit to examination or treatment by a physician, psychiatrist or licensed psychologist.

      2.  If a petition filed pursuant to this section is to continue the placement of the child after an emergency admission, the petition must be filed not later than 5 days after the emergency admission or the child must be released.

      Sec. 4.  NRS 432B.6076 is hereby amended to read as follows:

      432B.6076  1.  Except as otherwise provided in NRS 432B.6077, if the court finds, after proceedings for the court-ordered admission of a child alleged to be a child with an emotional disturbance who is in the custody of an agency which provides child welfare services to a facility [:] , including, without limitation, an evidentiary hearing:

      (a) That there is not clear and convincing evidence that the child with respect to whom the hearing was held exhibits observable behavior such that he is likely to harm himself or others if allowed his liberty, the court shall enter its finding to that effect and the child must not be admitted to a facility.

      (b) That there is clear and convincing evidence that the child with respect to whom the hearing was held is in need of treatment in a facility and is likely to harm himself or others if allowed his liberty, the court may order the admission of the child for the most appropriate course of treatment. The order of the court must be interlocutory and must not become final if, within 30 days after the admission, the child is unconditionally released from the facility pursuant to NRS 432B.6084.

      2.  Before issuing an order for admission or a renewal thereof, the court shall explore other alternative courses of treatment within the least restrictive appropriate environment as suggested by the evaluation team who evaluated the child, or other persons professionally qualified in the field of psychiatric mental health, which the court believes may be in the best interests of the child.

      Sec. 5.  NRS 432B.6077 is hereby amended to read as follows:

      432B.6077  1.  An agency which provides child welfare services shall not place a child who is in the custody of the agency in a facility, other than under an emergency admission, unless the agency has petitioned the court for the court-ordered admission of the child to a facility pursuant to NRS 432B.6075.

      2.  If a petition for the court-ordered admission of a child filed pursuant to NRS 432B.6075 is accompanied by the information described in paragraph (b) of subsection [2] 1 of NRS 432B.6075, the court shall order a psychological evaluation of the child.

 


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

ê2009 Statutes of Nevada, Page 412 (Chapter 111, AB 364)ê

 

      3.  If a court which receives a petition filed pursuant to NRS 432B.6075 for the court-ordered admission to a facility of a child who is in the custody of an agency which provides child welfare services determines pursuant to subsection 2 of NRS 432B.6076 that the child could be treated effectively in a less restrictive appropriate environment than a facility, the court must order the placement of the child in a less restrictive appropriate environment. In making such a determination, the court may consider any information provided to the court, including, without limitation:

      (a) Any information provided pursuant to subsection 4;

      (b) Any suggestions of psychologists, psychiatrists or other physicians who have evaluated the child concerning the appropriate environment for the child; and

      (c) Any suggestions of licensed clinical social workers or other professionals or any adult caretakers who have interacted with the child and have information concerning the appropriate environment for the child.

      4.  If a petition for the court-ordered admission of a child who is in the custody of an agency which provides child welfare services is filed pursuant to NRS 432B.6075:

      (a) Any person, including, without limitation, the child, may oppose the petition for the court-ordered admission of the child by filing a written opposition with the court [;] or stating the opposition in court; and

      (b) The agency which provides child welfare services must present information to the court concerning whether:

            (1) A facility is the appropriate environment to provide treatment to the child; or

            (2) A less restrictive appropriate environment would serve the needs of the child.

      Sec. 6.  NRS 432B.6078 is hereby amended to read as follows:

      432B.6078  1.  Not later than 5 days after a child who is in the custody of an agency which provides child welfare services has been admitted to a facility pursuant to NRS 432B.6076, the agency which provides child welfare services shall inform the child of his legal rights and the provisions of NRS 432B.607 to 432B.6085, inclusive, and section 1.3 of this act, 433.456 to 433.543, inclusive, and 433.545 to 433.551, inclusive, and chapters 433A and 433B of NRS and, if the child or the child’s attorney desires, assist the child in requesting the court to authorize a second examination by an evaluation team that includes a physician, psychiatrist or licensed psychologist who are not employed by, connected to or otherwise affiliated with the facility other than a physician, psychiatrist or licensed psychologist who performed an original examination which authorized the court to order the admission of the child to the facility. A second examination must be conducted not later than 5 business days after the court authorizes the examination.

      2.  If the court authorizes a second examination of the child, the examination must:

      (a) Include, without limitation, an evaluation concerning whether the child should remain in the facility and a recommendation concerning the appropriate placement of the child which must be provided to the facility; and

      (b) Be paid for by the governmental entity that is responsible for the agency which provides child welfare services, if such payment is not otherwise provided by the State Plan for Medicaid.

 


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

ê2009 Statutes of Nevada, Page 413 (Chapter 111, AB 364)ê

 

      Sec. 7.  NRS 432B.608 is hereby amended to read as follows:

      432B.608  1.  If the court issues an order for the admission to a facility of a child who is in the custody of an agency which provides child welfare services pursuant to NRS 432B.6076, the admission automatically expires at the end of 90 days if not terminated previously by the facility as provided for in subsection 2 of NRS 432B.6084.

      2.  At the end of the court-ordered period of treatment, the agency which provides child welfare services, the Division of Child and Family Services or any facility may petition to renew the admission of the child for additional periods not to exceed 60 days each.

      3.  For each renewal, the petition must set forth the specific reasons why further treatment in the facility would be in the best interests of the child [.] and the court shall apply the same standards when considering a petition to renew the admission of the child as were applied for the original petition for the court-ordered admission of the child.

      Sec. 8.  NRS 432B.6081 is hereby amended to read as follows:

      432B.6081  A facility which provides care, treatment or training to a child who is in the custody of an agency which provides child welfare services and who is admitted to the facility pursuant to NRS 432B.6076 shall develop a plan, in consultation with the child, for the continued care, treatment and training of the child upon discharge from the facility. The plan must:

      1.  Be developed not later than [5] 10 days after the child is admitted to the facility;

      2.  Be submitted to the court after each period of admission ordered by the court pursuant to NRS 432B.6076 in the manner set forth in NRS 432B.608; and

      3.  Include, without limitation:

      (a) The anticipated date of discharge of the child from the facility;

      (b) [The criteria which must be satisfied before the child is discharged from the facility, as determined by the medical professional responsible for the care, treatment and training of the child in the facility;

      (c)] The name of any psychiatrist or psychologist who will provide care, treatment or training to the child after the child is discharged from the facility, if appropriate;

      [(d)] (c) A plan for any appropriate care, treatment or training for the child for at least 30 days after the child is discharged from the facility; and

      [(e)] (d) The suggested placement of the child after the child is discharged from the facility.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  Chapter 127 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a child who is in the custody of an agency which provides child welfare services is placed for adoption, the agency must provide the court which is conducting the adoption proceedings with a copy of any order for visitation with a sibling of the child that was issued pursuant to NRS 432B.580 and the court must conduct a hearing to determine whether to include an order for visitation with a sibling in the decree of adoption.

 


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

ê2009 Statutes of Nevada, Page 414 (Chapter 111, AB 364)ê

 

      2.  Any interested party in the adoption, including, without limitation, the adoptive parent, the adoptive child, a sibling of the adoptive child, the agency which provides child welfare services or a licensed child-placing agency may petition the court to participate in the determination of whether to include an order of visitation with a sibling in the decree of adoption.

      3.  The sole consideration of the court in making a determination concerning visitation with a sibling pursuant to this section is the best interest of the child.

      Sec. 11.  NRS 433B.130 is hereby amended to read as follows:

      433B.130  1.  The Administrator shall:

      (a) Administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children.

      (b) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children. The Commission must approve the credentials, training and experience of deputy administrators and administrative officers appointed for this purpose.

      (c) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

      (d) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the policies established pursuant to section 1.5 of this act.

      2.  If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Governor.

      3.  The Administrator may accept children referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

      4.  The Administrator may enter into agreements with the Administrator of the Division of Mental Health and Developmental Services of the Department for the care and treatment of clients of the Division of Child and Family Services at any facility operated by the Division of Mental Health and Developmental Services.

      Sec. 12.  This act becomes effective on July 1, 2009.

________

 

Link to Page 415