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ê2009 Statutes of Nevada, Page 415ê

 

CHAPTER 112, SB 142

Senate Bill No. 142–Senator McGinness

 

CHAPTER 112

 

AN ACT relating to crimes; establishing the crime of criminal gang recruitment; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill establishes the crime of criminal gang recruitment, which is committed when an adult uses or threatens to use physical violence against a child or against another person, or causes or threatens to cause damage to the property of the child or the property of another person, with the specific intent to coerce, induce or solicit the child: (1) to become a member of a criminal gang; (2) to remain a member of a criminal gang and not withdraw or disassociate himself from the criminal gang; or (3) to rejoin a criminal gang of which he is no longer a member or from which he has withdrawn or disassociated himself. The provisions of section 2 are patterned after similar statutory provisions in other states, such as Alaska, Arizona, Illinois, Indiana, Kansas, Kentucky, Maryland, Montana, South Carolina, Texas, Virginia and Washington.

      Section 1 of this bill provides that a person who commits the crime of criminal gang recruitment is not subject to the additional penalty under existing law for crimes committed for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang. (NRS 193.168)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 193.168 is hereby amended to read as follows:

      193.168  1.  Except as otherwise provided in subsection 5 and NRS 193.169, any person who is convicted of a felony committed knowingly for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang, shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years. In determining the length of the additional penalty imposed, the court shall consider the following information:

      (a) The facts and circumstances of the crime;

      (b) The criminal history of the person;

      (c) The impact of the crime on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      2.  The sentence prescribed by this section:

      (a) Must not exceed the sentence imposed for the crime; and

      (b) Runs consecutively with the sentence prescribed by statute for the crime.

 


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      3.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      4.  The court shall not impose an additional penalty pursuant to this section unless:

      (a) The indictment or information charging the defendant with the primary offense alleges that the primary offense was committed knowingly for the benefit of, at the direction of, or in affiliation with, a criminal gang, with the specific intent to promote, further or assist the activities of the criminal gang; and

      (b) The trier of fact finds that allegation to be true beyond a reasonable doubt.

      5.  The court shall not impose an additional penalty pursuant to this section if the primary offense is a violation of section 2 of this act.

      6.  Except as otherwise provided in this subsection, the court shall not grant probation to or suspend the sentence of any person convicted of a felony committed for the benefit of, at the direction of, or in affiliation with , a criminal gang if an additional term of imprisonment may be imposed for that primary offense pursuant to this section. The court may, upon the receipt of an appropriate motion, reduce or suspend the sentence imposed for the primary offense if it finds that the defendant rendered substantial assistance in the arrest or conviction of any other principals, accomplices, accessories or coconspirators to the crime, or of any other persons involved in the commission of a felony which was committed for the benefit of, at the direction of, or in affiliation with , a criminal gang. The agency which arrested the defendant must be given an opportunity to support or oppose such a motion before it is granted or denied. If good cause is shown, the motion may be heard in camera.

      [6.] 7.  In any proceeding to determine whether an additional penalty may be imposed pursuant to this section, expert testimony is admissible to show particular conduct, status and customs indicative of criminal gangs, including, but not limited to:

      (a) Characteristics of persons who are members of criminal gangs;

      (b) Specific rivalries between criminal gangs;

      (c) Common practices and operations of criminal gangs and the members of those gangs;

      (d) Social customs and behavior of members of criminal gangs;

      (e) Terminology used by members of criminal gangs;

      (f) Codes of conduct, including criminal conduct, of particular criminal gangs; and

      (g) The types of crimes that are likely to be committed by a particular criminal gang or by criminal gangs in general.

      [7.] 8.  As used in this section, “criminal gang” means any combination of persons, organized formally or informally, so constructed that the organization will continue its operation even if individual members enter or leave the organization, which:

      (a) Has a common name or identifying symbol;

      (b) Has particular conduct, status and customs indicative of it; and

      (c) Has as one of its common activities engaging in criminal activity punishable as a felony, other than the conduct which constitutes the primary offense.

 


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ê2009 Statutes of Nevada, Page 417 (Chapter 112, SB 142)ê

 

      Sec. 2.  Chapter 201 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An adult commits the crime of criminal gang recruitment if the adult uses or threatens to use physical violence against a child or against another person, or causes or threatens to cause damage to the property of the child or the property of another person, with the specific intent to coerce, induce or solicit the child:

      (a) To become a member of a criminal gang;

      (b) To remain a member of a criminal gang and not withdraw or disassociate himself from the criminal gang; or

      (c) To rejoin a criminal gang of which he is no longer a member or from which he has withdrawn or disassociated himself.

      2.  An adult who commits the crime of criminal gang recruitment is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section:

      (a) “Adult” means a person who is 18 years of age or older.

      (b) “Child” means a person who is less than 18 years of age.

      (c) “Criminal gang” has the meaning ascribed to it in NRS 193.168.

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CHAPTER 113, AB 47

Assembly Bill No. 47–Committee on Corrections, Parole, and Probation

 

CHAPTER 113

 

AN ACT relating to specialty courts; revising provisions relating to programs for the treatment of mental illness or mental retardation; revising provisions relating to programs of treatment for the abuse of alcohol or drugs; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Sections 1.5 and 5.5 of this bill remove the 3-year waiting period and require a court to immediately, upon completion of a program for the treatment of mental illness or mental retardation or a program of treatment for the abuse of alcohol or drugs, seal all records relating to the case. (NRS 176A.265, 453.3365)

      Sections 2-5 and 7 of this bill require a court, upon completion of a presentence program of treatment for the abuse of alcohol or drugs, to seal all records relating to the case. Section 7.5 of this bill provides that certain offenders who are convicted of driving under the influence and are accepted into a program of treatment for the abuse of alcohol or drugs must not have their license, permit or privilege to drive revoked. (NRS 484.37941)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 1.5.  NRS 176A.265 is hereby amended to read as follows:

      176A.265  1.  [Three years after] After a defendant is discharged from probation pursuant to NRS 176A.260, the court shall order sealed all documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division.

 


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documents, papers and exhibits in the defendant’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the defendant fulfills the terms and conditions imposed by the court and the Division. The court shall order those records sealed without a hearing unless the Division petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      2.  If the court orders sealed the record of a defendant discharged pursuant to NRS 176A.260, the court shall send a copy of the order to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      Sec. 2.  NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 179.259 , [and] 453.3365 [,] and 458.330, a person may petition the court in which he was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 7 years from the date of his release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Any gross misdemeanor after 7 years from the date of his release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 484.379 or 484.379778 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 2 years from the date of his release from actual custody or from the date when he is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by current, verified records of the petitioner’s criminal history received from:

            (1) The Central Repository for Nevada Records of Criminal History; and

            (2) The local law enforcement agency of the city or county in which the conviction was entered;

      (b) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (c) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and:

      (a) If the person was convicted in a district court or justice court, the prosecuting attorney for the county; or

 


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ê2009 Statutes of Nevada, Page 419 (Chapter 113, AB 47)ê

 

      (b) If the person was convicted in a municipal court, the prosecuting attorney for the city.

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, including, but not limited to, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information, sheriffs’ offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.

      5.  A person may not petition the court to seal records relating to a conviction of a crime against a child or a sexual offense.

      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      7.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (b) “Sexual offense” means:

            (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

            (2) Sexual assault pursuant to NRS 200.366.

            (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

            (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

            (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

            (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

            (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

            (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

            (9) Incest pursuant to NRS 201.180.

            (10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

            (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

 


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ê2009 Statutes of Nevada, Page 420 (Chapter 113, AB 47)ê

 

            (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

            (13) Lewdness with a child pursuant to NRS 201.230.

            (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

            (15) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

            (16) An attempt to commit an offense listed in subparagraphs (1) to (15), inclusive.

      Sec. 3.  NRS 179.275 is hereby amended to read as follows:

      179.275  Where the court orders the sealing of a record pursuant to NRS 176A.265, 179.245, 179.255, 179.259 , [or] 453.3365 [,] or 458.330, a copy of the order must be sent to:

      1.  The Central Repository for Nevada Records of Criminal History; and

      2.  Each public or private company, agency or official named in the order, and that person shall seal the records in his custody which relate to the matters contained in the order, shall advise the court of his compliance [,] and shall then seal the order.

      Sec. 4.  NRS 179.285 is hereby amended to read as follows:

      179.285  Except as otherwise provided in NRS 179.301:

      1.  If the court orders a record sealed pursuant to NRS 176A.265, 179.245, 179.255, 179.259 , [or] 453.3365 [:] or 458.330:

      (a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal.

      (b) The person is immediately restored to the following civil rights if his civil rights previously have not been restored:

            (1) The right to vote;

            (2) The right to hold office; and

            (3) The right to serve on a jury.

      2.  Upon the sealing of his records, a person who is restored to his civil rights must be given an official document which demonstrates that he has been restored to the civil rights set forth in paragraph (b) of subsection 1.

      3.  A person who has had his records sealed in this State or any other state and whose official documentation of the restoration of his civil rights is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his civil rights pursuant to this section. Upon verification that the person has had his records sealed, the court shall issue an order restoring the person to the civil rights to vote, to hold office and to serve on a jury. A person must not be required to pay a fee to receive such an order.

      4.  A person who has had his records sealed in this State or any other state may present official documentation that he has been restored to his civil rights or a court order restoring his civil rights as proof that he has been restored to the right to vote, to hold office and to serve as a juror.

      Sec. 5.  NRS 179.295 is hereby amended to read as follows:

      179.295  1.  The person who is the subject of the records that are sealed pursuant to NRS 176A.265, 179.245, 179.255, 179.259 , [or] 453.3365 or 458.330 may petition the court that ordered the records sealed to permit inspection of the records by a person named in the petition, and the court may order such inspection.

 


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ê2009 Statutes of Nevada, Page 421 (Chapter 113, AB 47)ê

 

permit inspection of the records by a person named in the petition, and the court may order such inspection. Except as otherwise provided in this section and NRS 179.259 and 179.301, the court may not order the inspection of the records under any other circumstances.

      2.  If a person has been arrested, the charges have been dismissed and the records of the arrest have been sealed, the court may order the inspection of the records by a prosecuting attorney upon a showing that as a result of newly discovered evidence, the person has been arrested for the same or a similar offense and that there is sufficient evidence reasonably to conclude that he will stand trial for the offense.

      3.  The court may, upon the application of a prosecuting attorney or an attorney representing a defendant in a criminal action, order an inspection of such records for the purpose of obtaining information relating to persons who were involved in the incident recorded.

      4.  This section does not prohibit a court from considering a conviction for which records have been sealed pursuant to NRS 176A.265, 179.245, 179.255, 179.259, [or] 453.3365 or 458.330 in determining whether to grant a petition pursuant to NRS 176A.265, 179.245, 179.255, 179.259, [or] 453.3365 or 458.330 for a conviction of another offense.

      Sec. 5.5.  NRS 453.3365 is hereby amended to read as follows:

      453.3365  1.  Three years after a person is convicted and sentenced pursuant to subsection 3 of NRS 453.336, the court may order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order, if the:

      (a) Person fulfills the terms and conditions imposed by the court and the parole and probation officer; and

      (b) Court, after a hearing, is satisfied that the person is rehabilitated.

      2.  Except as limited by subsection 4, [3 years] after an accused is discharged from probation pursuant to NRS 453.3363, the court shall order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the person fulfills the terms and conditions imposed by the court and the Division of Parole and Probation of the Department of Public Safety. The court shall order those records sealed without a hearing unless the Division of Parole and Probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      3.  If the court orders sealed the record of a person discharged pursuant to NRS 453.3363, it shall [send] cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

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

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 458.330 is hereby amended to read as follows:

      458.330  1.  Whenever a person is placed under the supervision of a treatment facility, his sentencing must be deferred [,] and [, except as otherwise provided in subsection 4,] his conviction must be set aside if the treatment facility certifies to the court that he has satisfactorily completed the treatment program, and the court approves the certification and determines that the conditions upon the election of treatment have been satisfied.

 


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ê2009 Statutes of Nevada, Page 422 (Chapter 113, AB 47)ê

 

treatment program, and the court approves the certification and determines that the conditions upon the election of treatment have been satisfied.

      2.  If, upon the expiration of the treatment period, the treatment facility has yet to certify that the person has completed his treatment program, the court shall sentence him. If he has satisfied the conditions to the election of treatment and the court believes that he will complete his treatment on a voluntary basis, it may, in its discretion, set the conviction aside.

      3.  If, before the treatment period expires, the treatment facility determines that the person is not likely to benefit from further treatment at the facility, it shall so advise the court. The court shall then:

      (a) Arrange for the transfer of the person to a more suitable treatment facility, if any; or

      (b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.

Ê Whenever a person is sentenced under this section, time spent in institutional care must be deducted from any sentence imposed.

      4.  [Regardless of whether the person successfully completes treatment, the court shall not set aside the conviction of a person who has a record of two or more convictions of any felony for two or more separate incidences.] Upon satisfactory completion of the treatment program, the court shall order sealed all documents, papers and exhibits in the person’s record, minute book entries and entries on dockets, and other documents related to the case in the custody of such other agencies and officers as are named in the court’s order. The court shall order those records sealed without a hearing unless the prosecution petitions the court, for good cause shown, not to seal the records and requests a hearing thereon. When the court orders sealed the records of a person pursuant to this subsection, the court shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order. The provisions of this subsection apply only to the offense for which the person has been placed into treatment pursuant to NRS 458.290 to 458.350, inclusive.

      Sec. 7.5.  NRS 484.37941 is hereby amended to read as follows:

      484.37941  1.  An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484.379 or 484.379778 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484.3792 may, at the time he enters his plea, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 3 years if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

            (1) An alcohol and drug abuse counselor who is licensed or certified, or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis; or

            (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; and

      (b) The offender agrees to pay the costs of the treatment to the extent of his financial resources.

Ê An alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor or a physician who diagnoses an offender as an alcoholic or abuser of drugs shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.

 


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      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter and other information before the court.

      4.  If the court determines that an application for treatment should be granted, the court shall:

      (a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place him on probation for not more than 5 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (b) Advise the offender that:

            (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for not more than 5 years and during treatment he may be confined in an institution or, at the discretion of the treatment facility, released for treatment or supervised aftercare in the community.

            (2) If he is not accepted for treatment by such a treatment facility, or if he fails to complete the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484.3792. Any sentence of imprisonment may be reduced by a time equal to that which he served before beginning treatment.

            (3) If he completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484.3792.

            (4) The provisions of NRS 483.460 requiring the revocation of his license, permit or privilege to drive do not apply.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence or set aside the conviction upon the election of treatment, except as otherwise provided in this section; and

      (b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484.3792 for a violation of a condition ordered by the court.

      6.  To participate in a program of treatment, the offender must:

      (a) Serve not less than 6 months of residential confinement;

      (b) Install, at his own expense, a device for not less than 12 months;

      (c) Not drive any vehicle unless it is equipped with a device;

      (d) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and

      (e) Agree to any other conditions that the court deems necessary.

      7.  An offender may not apply to the court to undergo a program of treatment for alcoholism or drug abuse pursuant to this section if he has previously applied to receive treatment pursuant to this section or if he has previously been convicted of:

      (a) A violation of NRS 484.3795;

      (b) A violation of NRS 484.37955;

 


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      (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795 or 484.37955;

      (d) A violation of paragraph (c) of subsection 1 of NRS 484.3792;

      (e) A violation of subsection 2 of NRS 484.3792; or

      (f) A violation of law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b), (c) or (d).

      8.  As used is this section:

      (a) “Device” has the meaning ascribed to it in NRS 484.3941.

      (b) “Treatment facility” has the meaning ascribed to it in NRS 484.3793.

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

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CHAPTER 114, AB 48

Assembly Bill No. 48–Committee on Government Affairs

 

CHAPTER 114

 

AN ACT relating to public works; allowing a public body to resolve a dispute arising between the public body and the contractor engaged on a public work by way of methods of alternate dispute resolution; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, a contract for a public work must include a provision that requires arbitration of a dispute between the public body and the contractor engaged on the public work. (NRS 338.150) This bill revises the requirement of that provision to allow the public body and the contractor to resolve a dispute relating to the contract for the public work by way of methods of alternate dispute resolution.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 338.150 is hereby amended to read as follows:

      338.150  1.  [Except as otherwise provided in subsection 3, any] A public body charged with the drafting of specifications for a public work shall include in the specifications a clause requiring [arbitration of] the use of a method of alternate dispute resolution before initiation of a judicial action if a dispute arising between the public body and the contractor engaged on a public work [if the dispute] cannot otherwise be settled.

      2.  [Any dispute requiring arbitration must be handled in accordance with the construction industry’s rules for arbitration as administered by the American Arbitration Association or the Nevada Arbitration Association.

      3.]  The provisions of subsection 1 do not require the Department of Transportation to include such a clause in any contract entered into by the Department.

      [4.  This section does not prohibit the use of alternate dispute resolution methods before arbitration.]

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

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ê2009 Statutes of Nevada, Page 425ê

 

CHAPTER 115, AB 49

Assembly Bill No. 49–Committee on Government Affairs

 

CHAPTER 115

 

AN ACT relating to counties; authorizing a board of county commissioners to provide for the imposition of a civil penalty in lieu of a criminal penalty for the violation of an ordinance concerning the licensing or regulation of businesses unless state law provides a criminal penalty for the same act or omission; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      With certain exceptions, existing law authorizes a board of county commissioners to license and regulate business conducted in the county. (NRS 244.335) Existing law also authorizes a board of county commissioners to provide a civil penalty in lieu of a criminal penalty for the violation of certain types of ordinances. (NRS 244.189, 244.3575, 244.359)

      This bill authorizes a board of county commissioners to provide for the imposition of a civil penalty in lieu of a criminal penalty for the violation of an ordinance concerning the licensing or regulation of businesses unless state law provides a criminal penalty for the same act or omission. A board of county commissioners may delegate to a hearing officer or hearing board the authority to determine whether such an ordinance has been violated and to levy civil penalties therefor. The civil penalties so levied must not exceed $1,000 per violation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A board of county commissioners may by ordinance provide for the imposition of a civil penalty in lieu of a criminal penalty for the violation of an ordinance enacted by the board concerning the licensing or regulation of businesses unless state law provides a criminal penalty for the same act or omission.

      2.  If a board of county commissioners adopts an ordinance providing for the imposition of a civil penalty in lieu of a criminal penalty as described in subsection 1, the board shall:

      (a) Determine violations and levy civil penalties for those violations; or

      (b) Delegate to a hearing officer or hearing board the authority to determine violations and levy civil penalties for those violations.

      3.  The amount of a civil penalty levied pursuant to subsection 2 must not exceed $1,000 for each violation.

      4.  As used in this section, an ordinance “concerning the licensing or regulation of businesses” includes, without limitation, an ordinance that:

      (a) Prescribes the criteria that must be satisfied before the business may be licensed in the county or its license may be renewed in the county;

      (b) Sets forth the licensing fee that must be paid before the business may be licensed in the county or its license may be renewed in the county;

      (c) Describes the practices, transactions or acts in which a business licensed in the county may engage;

 


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ê2009 Statutes of Nevada, Page 426 (Chapter 115, AB 49)ê

 

      (d) Describes the practices, transactions or acts in which a business licensed in the county is prohibited from engaging; or

      (e) Prohibits the operation within the county of a business that is:

            (1) Unlicensed; or

            (2) Not licensed to engage in the particular activities in which it is engaging.

      Sec. 2.  NRS 244.3525 is hereby amended to read as follows:

      244.3525  1.  The chairman or clerk of the board of county commissioners to enforce NRS 244.331 to 244.3345, inclusive, and 244.335 to 244.340, inclusive, and section 1 of this act, the chairman or clerk of the license board of the county to enforce NRS 244.345 and the chairman or clerk of the liquor board of the county to enforce NRS 244.350, 244.3501 and 244.351 may:

      (a) Administer oaths and require testimony under oath;

      (b) Pay witnesses a reasonable allowance for travel and subsistence; and

      (c) Appoint hearing officers who may administer oaths and receive testimony given under oath.

      2.  Each hearing officer appointed pursuant to paragraph (c) of subsection 1 must be a resident of this State who is a graduate of:

      (a) An accredited law school; or

      (b) An accredited [,] 4-year college and has at least 5 years’ experience in public administration,

Ê and who has completed a course of instruction in administrative law, relating to the provisions of this chapter, offered by the office of the district attorney for the county. This course must consist of at least 4 hours of instruction in a classroom.

      3.  Any notice given by the board must be served in the manner required for civil actions.

      Sec. 3.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 427ê

 

CHAPTER 116, AB 85

Assembly Bill No. 85–Committee on Corrections, Parole, and Probation

 

CHAPTER 116

 

AN ACT relating to crimes; establishing the Advisory Committee to Study Laws Concerning Sex Offender Registration; prescribing the duties of the Committee; requiring the Committee to prepare and submit to the Legislative Commission a biennial report; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires certain sex offenders to register with certain law enforcement agencies. (Chapter 179D of NRS) This bill creates an advisory committee to study state and federal laws concerning sex offender registration. The advisory committee must consist of the Attorney General, one member of the Assembly appointed by the Speaker of the Assembly, one member of the Senate appointed by the Senate Majority Leader, representatives of law enforcement agencies, district attorneys’ offices and public defenders’ offices and a representative of the American Civil Liberties Union and any other organization authorized by the Attorney General to appoint a member of the advisory committee. The advisory committee must prepare and submit to the Legislative Commission a biennial report of its findings and recommendations for proposed legislation concerning sex offender registration.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Secs. 2-5.  (Deleted by amendment.)

      Sec. 5.1.  Chapter 179D of NRS is hereby amended by adding thereto the provisions set forth as 5.3 to 5.7, inclusive, of this act.

      Sec. 5.3.  As used in sections 5.3 to 5.7, inclusive, of this act, “Committee” means the Advisory Committee to Study Laws Concerning Sex Offender Registration.

      Sec. 5.4.  1.  The Advisory Committee to Study Laws Concerning Sex Offender Registration is hereby created.

      2.  The Committee consists of the following members:

      (a) The Attorney General or his designee;

      (b) One member of the Assembly appointed by the Speaker of the Assembly;

      (c) One member of the Senate appointed by the Majority Leader of the Senate;

      (d) One member appointed by the Nevada Sheriffs’ and Chiefs’ Association, or a successor organization;

      (e) One member appointed by the Nevada District Attorneys Association, or a successor organization;

      (f) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;

      (g) One member appointed by the American Civil Liberties Union, or a successor organization; and

 


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ê2009 Statutes of Nevada, Page 428 (Chapter 116, AB 85)ê

 

      (h) Any member appointed by an organization that has been authorized by the Attorney General to appoint a member of the Committee pursuant to section 5.5 of this act.

      3.  The Attorney General or his designee is the Chairman of the Committee.

      4.  Each member who is appointed to the Committee serves a term of 2 years. Except as otherwise provided in subsection 3 of section 5.5 of this act:

      (a) Members may be reappointed for additional terms of 2 years in the same manner as the original appointments; and

      (b) Any vacancy occurring in the membership of the Committee must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      5.  The Committee shall meet at least twice each year and may meet at such further times as deemed necessary by the Chairman.

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

      7.  The Committee shall comply with the provisions of chapter 241 of NRS, and all meetings of the Committee must be conducted in accordance with that chapter.

      8.  For each day or portion of a day during which a member of the Committee who is a Legislator attends a meeting of the Committee or is otherwise engaged in the business of the Committee, except during a regular or special session of the Legislature, he is entitled to receive the:

      (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers generally; and

      (c) Travel expenses provided pursuant to NRS 218.2207.

Ê The compensation, per diem allowances and travel expenses of the members of the Committee who are Legislators must be paid from the Legislative Fund.

      9.  While engaged in the business of the Committee, to the extent of legislative appropriation, the members of the Committee who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      10.  A member of the Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Committee to:

      (a) Make up the time he is absent from work to carry out his duties as a member of the Committee; or

      (b) Take annual leave or compensatory time for the absence.

      11.  The Attorney General shall provide the Committee with such staff as is necessary to carry out the duties of the Committee.

      Sec. 5.5.  1.  An organization which is concerned with state and federal laws concerning the registration of sex offenders and which wishes to appoint a member to the Committee pursuant to paragraph (h) of subsection 2 of section 5.4 of this act may apply to the Attorney General, or his designee, for authorization to appoint a member to the Committee.

 


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ê2009 Statutes of Nevada, Page 429 (Chapter 116, AB 85)ê

 

his designee, for authorization to appoint a member to the Committee. At his discretion, the Attorney General may authorize the organization to appoint a member to the Committee.

      2.  At any time after the Attorney General has authorized an organization to appoint a member to the Committee, the Attorney General may revoke the organization’s authorization to appoint a member to the Committee.

      3.  If, after receiving authorization to appoint a member to the Committee, an organization ceases to exist or has its authorization to appoint a member to the Committee revoked by the Attorney General, any member of the Committee appointed by the organization may complete the term to which he was appointed, and upon the completion of that term, the organization, or a successor organization, may not appoint a member to the Committee.

      Sec. 5.6.  The Committee shall:

      1.  Identify and study issues relating to state and federal law concerning the registration of sex offenders and any litigation concerning those laws.

      2.  Prepare a report of the activities and findings of the Committee and any recommendations for proposed legislation concerning the registration of sex offenders developed by the Committee.

      3.  On or before September 1 of each even-numbered year, submit the report prepared pursuant to subsection 2 to the Director of the Legislative Counsel Bureau for submission to the Legislative Commission.

      Sec. 5.7.  1.  The Attorney General may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of sections 5.3 to 5.7, inclusive, of this act.

      2.  Any money received pursuant to this section must be deposited in the Special Account for the Support of the Committee, which is hereby created in the State General Fund. Interest and income earned on money in the Account must be credited to the Account. Money in the Account may only be used for the support of the Committee and its activities pursuant to sections 5.3 to 5.7, inclusive, of this act.

      Sec. 5.9.  Not later than July 15, 2009:

      1.  The Nevada Sheriffs’ and Chiefs’ Association, or a successor organization, shall appoint the member described in paragraph (d) of subsection 2 of section 5.4 of this act;

      2.  The Nevada District Attorneys Association, or a successor organization, shall appoint the member described in paragraph (e) of subsection 2 of section 5.4 of this act;

      3.  The governing board of the State Bar of Nevada shall appoint the member described in paragraph (f) of subsection 2 of section 5.4 of this act; and

      4.  The American Civil Liberties Union, or a successor organization, shall appoint the member described in paragraph (g) of subsection 2 of section 5.4 of this act.

      Sec. 6.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 430ê

 

CHAPTER 117, AB 97

Assembly Bill No. 97–Committee on Government Affairs

 

CHAPTER 117

 

AN ACT relating to governmental financial administration; requiring the establishment by regulation of procedures for transferring governmental functions between and among local governments; requiring the establishment by regulation of procedures for transferring governmental functions between and among local governments and state agencies; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      This bill requires the Committee on Local Government Finance to adopt regulations to establish procedures for transferring a function from one local government to another local government.

      This bill also requires the Committee on Local Government Finance, in consultation with the Director of the Department of Administration, to adopt regulations to establish procedures for transferring a function from a local government to a state agency or from a state agency to a local government.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 353 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Committee on Local Government Finance created pursuant to NRS 354.105 shall, in consultation with the Director of the Department of Administration, adopt regulations to establish procedures for transferring a function from a state agency to a local government or from a local government to a state agency.

      2.  The regulations adopted by the Committee on Local Government Finance pursuant to subsection 1 must:

      (a) Be adopted in the manner prescribed for state agencies in chapter 233B of NRS.

      (b) Include provisions requiring:

            (1) That, except as otherwise provided in subsection 3, notice to the affected state agency and local government of the intent to transfer a function from a state agency to a local government or from a local government to a state agency be given not less than 30 days before September 1 of an even-numbered year, unless a different period of notification is required by a statute or by contractual agreement.

            (2) That, except as otherwise provided in subsection 3, the effective date of the transfer of a function from a state agency to a local government or from a local government to a state agency not be any earlier than July 1 of the year after the year in which notice is given, as described in subparagraph (1).

 


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ê2009 Statutes of Nevada, Page 431 (Chapter 117, AB 97)ê

 

            (3) The exchange of such information between the affected state agency and local government as is necessary to complete the transfer, including, without limitation, such matters as a complete description of the function to be transferred and the mechanism to be used to pay for the performance of that function.

      3.  An affected state agency and local government may, by mutual agreement, waive the requirements set forth in subparagraphs (1) and (2) of paragraph (b) of subsection 2.

      4.  As used in this section, “local government” has the meaning ascribed to it in NRS 354.474.

      Sec. 2.  NRS 353.150 is hereby amended to read as follows:

      353.150  NRS 353.150 to 353.246, inclusive, and section 1 of this act may be cited as the State Budget Act.

      Sec. 3.  NRS 353.246 is hereby amended to read as follows:

      353.246  1.  Except as otherwise provided in subsection 2 of this section and subsection 6 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, and section 1 of this act do not apply to agencies, bureaus, commissions and officers of the Legislative Department, the Public Employees’ Retirement System and the Judicial Department of the State Government.

      2.  The Legislative Department, the Public Employees’ Retirement System and the Judicial Department of the State Government shall submit their budgets to the Legislature in the same format as the proposed executive budget unless otherwise provided by the Legislative Commission. All projections of revenue and any other information concerning future state revenue contained in those budgets must be based upon the projections and estimates prepared by the Economic Forum pursuant to NRS 353.228.

      Sec. 4.  Chapter 354 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Committee on Local Government Finance shall adopt regulations to establish procedures for transferring a function from one local government to another local government.

      2.  The regulations adopted by the Committee on Local Government Finance pursuant to subsection 1 must:

      (a) Be adopted in the manner prescribed for state agencies in chapter 233B of NRS.

      (b) Include provisions requiring:

            (1) Except as otherwise provided in subsection 3, at least 180 days’ notice to the affected local governments of the intent to transfer a function from one local government to another local government, unless a different period of notification is required by a statute or by contractual agreement.

            (2) The exchange of such information between the affected local governments as is necessary to complete the transfer, including, without limitation, such matters as a complete description of the function to be transferred and the mechanism to be used to pay for the performance of that function.

      3.  Affected local governments may, by mutual agreement, waive the requirements set forth in subparagraph (1) of paragraph (b) of subsection 2.

 


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ê2009 Statutes of Nevada, Page 432 (Chapter 117, AB 97)ê

 

      Sec. 5.  NRS 354.476 is hereby amended to read as follows:

      354.476  As used in NRS 354.470 to 354.626, inclusive, and section 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 354.479 to 354.578, inclusive, have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 354.594 is hereby amended to read as follows:

      354.594  The Committee on Local Government Finance shall determine and advise local government officers of regulations, procedures and report forms for compliance with NRS 354.470 to 354.626, inclusive [.] , and section 4 of this act.

      Sec. 7.  NRS 354.626 is hereby amended to read as follows:

      354.626  1.  No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, and section 4 of this act is guilty of a misdemeanor [,] and upon conviction thereof ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the Attorney General or, in the case of incorporated cities, school districts or special districts, by the district attorney.

      2.  Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

      (a) Purchase of coverage and professional services directly related to a program of insurance which require an audit at the end of the term thereof.

      (b) Long-term cooperative agreements as authorized by chapter 277 of NRS.

      (c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.

      (d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.

      (e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.

      (f) Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds, medium-term obligations or an installment-purchase agreement and that are entered into by the local government after:

            (1) Any election required for the approval of the bonds or installment-purchase agreement has been held;

            (2) Any approvals by any other governmental entity required to be obtained before the bonds, medium-term obligations or installment-purchase agreement can be issued have been obtained; and

 


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ê2009 Statutes of Nevada, Page 433 (Chapter 117, AB 97)ê

 

            (3) The ordinance or resolution that specifies each of the terms of the bonds, medium-term obligations or installment-purchase agreement, except those terms that are set forth in subsection 2 of NRS 350.165, has been adopted.

Ê Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.

      (g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies, services and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.

      (h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.

      (i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.

      (j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.

      (k) The receipt by a local government of increased revenue that:

            (1) Was not anticipated in the preparation of the final budget of the local government; and

            (2) Is required by statute to be remitted to another governmental entity.

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

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ê2009 Statutes of Nevada, Page 434ê

 

CHAPTER 118, AB 174

Assembly Bill No. 174–Assemblywoman Kirkpatrick

 

CHAPTER 118

 

AN ACT relating to public works; exempting the State Public Works Board from the requirements relating to construction managers at risk; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the State Public Works Board and local governments are authorized to enter into contracts with a construction manager at risk for the preconstruction and construction of a public work and provide the requirements for selecting a construction manager at risk. (NRS 338.169-338.1699) This bill exempts the State Public Works Board from the requirements for selecting a construction manager at risk until June 30, 2011. However, the State Public Works Board has authority in existing law to enter into a contract with a licensed contractor for services which assist the Board in the design and construction of a capital improvement project. (NRS 341.161)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 338.1385 is hereby amended to read as follows:

      338.1385  1.  Except as otherwise provided in subsection 9 and NRS 338.1906 and 338.1907, this State, or a governing body or its authorized representative that awards a contract for a public work in accordance with paragraph (a) of subsection 1 of NRS 338.1373 shall not:

      (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

      (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1386, 338.13862 and 338.13864.

      (c) Divide a public work into separate portions to avoid the requirements of paragraph (a) or (b).

      2.  At least once each quarter, the authorized representative of a public body shall report to the public body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

      3.  Each advertisement for bids must include a provision that sets forth the requirement that a contractor must be qualified pursuant to NRS 338.1379 or 338.1382 to bid on the contract.

      4.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

 


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ê2009 Statutes of Nevada, Page 435 (Chapter 118, AB 174)ê

 

      5.  Except as otherwise provided in subsection 6 and NRS 338.1389, a public body or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

      6.  Any bids received in response to an advertisement for bids may be rejected if the public body or its authorized representative responsible for awarding the contract determines that:

      (a) The bidder is not a qualified bidder pursuant to NRS 338.1379 or 338.1382;

      (b) The bidder is not responsive or responsible;

      (c) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

      (d) The public interest would be served by such a rejection.

      7.  A public body may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

      (a) The public body publishes a notice stating that no bids were received and that the contract may be let without further bidding;

      (b) The public body considers any bid submitted in response to the notice published pursuant to paragraph (a);

      (c) The public body lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

      (d) The contract is awarded to the bidder who has submitted the lowest responsive and responsible bid.

      8.  Before a public body may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the public body shall prepare and make available for public inspection a written statement containing:

      (a) A list of all persons, including supervisors, whom the public body intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

      (b) A list of all equipment that the public body intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

      (c) An estimate of the cost of administrative support for the persons assigned to the public work;

      (d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

      (e) An estimate of the amount of money the public body expects to save by rejecting the bids and performing the public work itself.

      9.  This section does not apply to:

      (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

      (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

      (c) Normal maintenance of the property of a school district;

      (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 , or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;

 


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ê2009 Statutes of Nevada, Page 436 (Chapter 118, AB 174)ê

 

      (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive;

      (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435; or

      (g) The preconstruction or construction of a public work for which a [public body] local government or its authorized representative enters into a contract with a construction manager at risk pursuant to NRS 338.169 to 338.1699, inclusive.

      Sec. 2.  NRS 338.143 is hereby amended to read as follows:

      338.143  1.  Except as otherwise provided in subsection 8 and NRS 338.1907, a local government or its authorized representative that awards a contract for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373 shall not:

      (a) Commence a public work for which the estimated cost exceeds $100,000 unless it advertises in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed for bids for the public work. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

      (b) Commence a public work for which the estimated cost is $100,000 or less unless it complies with the provisions of NRS 338.1442, 338.1444 and 338.1446.

      (c) Divide a project work into separate portions to avoid the requirements of paragraph (a) or (b).

      2.  At least once each quarter, the authorized representative of a local government shall report to the governing body any contract that the authorized representative awarded pursuant to subsection 1 in the immediately preceding quarter.

      3.  Approved plans and specifications for the bids must be on file at a place and time stated in the advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. Contracts for the public work must be awarded on the basis of bids received.

      4.  Except as otherwise provided in subsection 5 and NRS 338.147, the local government or its authorized representative shall award a contract to the lowest responsive and responsible bidder.

      5.  Any bids received in response to an advertisement for bids may be rejected if the local government or its authorized representative responsible for awarding the contract determines that:

      (a) The bidder is not responsive or responsible;

      (b) The quality of the services, materials, equipment or labor offered does not conform to the approved plans or specifications; or

      (c) The public interest would be served by such a rejection.

      6.  A local government may let a contract without competitive bidding if no bids were received in response to an advertisement for bids and:

      (a) The local government publishes a notice stating that no bids were received and that the contract may be let without further bidding;

      (b) The local government considers any bid submitted in response to the notice published pursuant to paragraph (a);

 


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ê2009 Statutes of Nevada, Page 437 (Chapter 118, AB 174)ê

 

      (c) The local government lets the contract not less than 7 days after publishing a notice pursuant to paragraph (a); and

      (d) The contract is awarded to the lowest responsive and responsible bidder.

      7.  Before a local government may commence the performance of a public work itself pursuant to the provisions of this section, based upon a determination that the public interest would be served by rejecting any bids received in response to an advertisement for bids, the local government shall prepare and make available for public inspection a written statement containing:

      (a) A list of all persons, including supervisors, whom the local government intends to assign to the public work, together with their classifications and an estimate of the direct and indirect costs of their labor;

      (b) A list of all equipment that the local government intends to use on the public work, together with an estimate of the number of hours each item of equipment will be used and the hourly cost to use each item of equipment;

      (c) An estimate of the cost of administrative support for the persons assigned to the public work;

      (d) An estimate of the total cost of the public work, including the fair market value of or, if known, the actual cost of all materials, supplies, labor and equipment to be used for the public work; and

      (e) An estimate of the amount of money the local government expects to save by rejecting the bids and performing the public work itself.

      8.  This section does not apply to:

      (a) Any utility subject to the provisions of chapter 318 or 710 of NRS;

      (b) Any work of construction, reconstruction, improvement and maintenance of highways subject to NRS 408.323 or 408.327;

      (c) Normal maintenance of the property of a school district;

      (d) The Las Vegas Valley Water District created pursuant to chapter 167, Statutes of Nevada 1947, the Moapa Valley Water District created pursuant to chapter 477, Statutes of Nevada 1983 , or the Virgin Valley Water District created pursuant to chapter 100, Statutes of Nevada 1993;

      (e) The design and construction of a public work for which a public body contracts with a design-build team pursuant to NRS 338.1711 to 338.1727, inclusive;

      (f) A constructability review of a public work, which review a local government or its authorized representative is required to perform pursuant to NRS 338.1435; or

      (g) The preconstruction or construction of a public work for which a [public body] local government or its authorized representative enters into a contract with a construction manager at risk pursuant to NRS 338.169 to 338.1699, inclusive.

      Sec. 3.  NRS 338.169 is hereby amended to read as follows:

      338.169  A [public body] local government may construct a public work by:

      1.  Selecting a construction manager at risk pursuant to the provisions of NRS 338.1691 to 338.1696, inclusive; and

      2.  Entering into separate contracts with a construction manager at risk:

      (a) For preconstruction services, including, without limitation:

            (1) Assisting the [public body] local government in determining whether scheduling or design problems exist that would delay the construction of the public work;

 


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            (2) Estimating the cost of the labor and material for the public work; and

            (3) Assisting the [public body] local government in determining whether the public work can be constructed within the [public body’s] local government’s budget; and

      (b) To construct the public work.

      Sec. 4.  NRS 338.1691 is hereby amended to read as follows:

      338.1691  To qualify to enter into contracts with a [public body] local government or its authorized representative for preconstruction services and to construct a public work, a construction manager at risk must:

      1.  Not have been found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause, during the 5 years immediately preceding the date of the advertisement for statements of qualifications pursuant to NRS 338.1692;

      2.  Not have been disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333; and

      3.  Be licensed as a contractor pursuant to chapter 624 of NRS . [; and

      4.  If the project is for the design of a public work of the State, be qualified to bid on a public work of the State pursuant to NRS 338.1379.]

      Sec. 5.  NRS 338.1692 is hereby amended to read as follows:

      338.1692  1.  A [public body] local government shall advertise for statements of qualifications for a construction manager at risk in a newspaper qualified pursuant to chapter 238 of NRS that is published in the county where the public work will be performed. If no qualified newspaper is published in the county where the public work will be performed, the required advertisement must be published in some qualified newspaper that is printed in the State of Nevada and has a general circulation in the county.

      2.  A request for a statement of qualifications published pursuant to subsection 1 must include, without limitation:

      (a) A description of the public work;

      (b) An estimate of the cost of construction;

      (c) A description of the work that the [public body] local government expects a construction manager at risk to perform;

      (d) The dates on which it is anticipated that the separate phases of the preconstruction and construction of the public work will begin and end;

      (e) The date by which statements of qualifications must be submitted to the [public body;] local government;

      (f) [If the project is a public work of the State, a statement setting forth that the construction manager at risk must be qualified to bid on a public work of the State pursuant to NRS 338.1379 before submitting a statement of qualifications;

      (g)] The name, title, address and telephone number of a person employed by the [public body] local government that an applicant may contact for further information regarding the public work; and

      [(h)] (g) A list of the selection criteria and relative weight of the selection criteria that will be used to evaluate statements of qualifications.

      3.  A statement of qualifications must include, without limitation:

      (a) An explanation of the experience that the applicant has with projects of similar size and scope;

      (b) The contact information for references who have knowledge of the background, character and technical competence of the applicant;

 


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ê2009 Statutes of Nevada, Page 439 (Chapter 118, AB 174)ê

 

      (c) The applicant’s preliminary proposal for managing the preconstruction and construction of the public work;

      (d) Evidence of the ability of the applicant to obtain the necessary bonding for the work to be required by the [public body;] local government;

      (e) Evidence that the applicant has obtained or has the ability to obtain such insurance as may be required by law; and

      (f) A statement of whether the applicant has been:

            (1) Found liable for breach of contract with respect to a previous project, other than a breach for legitimate cause; and

            (2) Disqualified from being awarded a contract pursuant to NRS 338.017, 338.13895, 338.1475 or 408.333.

      Sec. 6.  NRS 338.1693 is hereby amended to read as follows:

      338.1693  1.  The [public body] local government shall appoint a panel consisting of at least three members to rank the statements of qualifications submitted to the [public body] local government by evaluating the statements of qualifications as required pursuant to subsections 2 and 3.

      2.  The panel shall rank the statements of qualifications by:

      (a) Verifying that each applicant satisfies the requirements of NRS 338.1691; and

      (b) Conducting an evaluation of the qualifications of each applicant based on the factors and relative weight assigned to each factor that the [public body] local government specified in the request for statements of qualifications advertised pursuant to NRS 338.1692.

      3.  When ranking the statements of qualifications, the panel shall assign a relative weight of 5 percent to the possession of a certificate of eligibility to receive a preference in bidding on public works.

      4.  After the panel ranks the statements of qualifications, the [public body] local government shall:

      (a) Make available to the public the rankings of the applicants; and

      (b) Except as otherwise provided in subsection 5, select at least the two but not more than the five applicants that the panel determined to be most qualified as finalists to submit final proposals to the [public body] local government pursuant to NRS 338.1694.

      5.  If the [public body] local government did not receive at least two statements of qualifications from applicants that the panel determines to be qualified pursuant to this section and NRS 338.1691, the [public body] local government may not contract with a construction manager at risk.

      Sec. 7.  NRS 338.1694 is hereby amended to read as follows:

      338.1694  1.  After the finalists are selected pursuant to paragraph (b) of subsection 4 of NRS 338.1693, the [public body] local government shall provide to each finalist a request for final proposals. The request for final proposals must:

      (a) Set forth the date by which final proposals must be submitted to the [public body;] local government;

      (b) Set forth the proposed forms of the contract to assist in the preconstruction of the public work and the contract to construct the public work that include, without limitation, the proposed terms and general conditions of the contracts; and

      (c) Set forth the selection criteria and relative weight of the selection criteria that will be used to evaluate the final proposals.

 


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      2.  A final proposal must include, without limitation:

      (a) The professional qualifications and experience of the applicant, including, without limitation, the resumes of any employees of the applicant who will be managing the preconstruction and construction of the public work;

      (b) The performance history of the applicant concerning other recent, similar projects completed by the applicant, if any;

      (c) The safety programs established and the safety records accumulated by the applicant;

      (d) The proposed plan of the applicant to manage the preconstruction and construction of the public work, which plan sets forth in detail the ability of the applicant to provide preconstruction services and to construct the public work; and

      (e) A proposed plan of the applicant for the selection of any necessary subcontractors.

      Sec. 8.  NRS 338.1695 is hereby amended to read as follows:

      338.1695  1.  The panel appointed by the [public body] local government pursuant to NRS 338.1693 shall evaluate and assign a score to each of the final proposals received by the [public body] local government based on the factors and relative weight assigned to each factor that the [public body] local government specified in the request for final proposals. The panel shall interview the two or three applicants whose final proposals received the highest scores. After conducting such interviews, the panel shall rank the applicants based on the final proposals and interviews, which must be given equal weight.

      2.  Upon receipt of the final rankings of the applicants from the panel, the [public body] local government or its authorized representative shall enter into negotiations with the most qualified applicant determined pursuant to subsection 1 for a contract for preconstruction services. If the [public body] local government or its authorized representative is unable to negotiate a contract with the most qualified applicant at an amount of compensation that the [public body] local government or its authorized representative and the most qualified applicant determine to be fair and reasonable, the [public body] local government or its authorized representative shall terminate negotiations with that applicant. The [public body] local government or its authorized representative may then undertake negotiations with the next most qualified applicant in sequence until an agreement is reached or a determination is made by the [public body] local government or its authorized representative to reject all applicants.

      3.  The [public body] local government or its authorized representative shall make available to the applicants and the public the results of the evaluations of final proposals and interviews conducted pursuant to subsection 1 and the final rankings of the applicants.

      Sec. 9.  NRS 338.1696 is hereby amended to read as follows:

      338.1696  1.  If a [public body] local government or its authorized representative enters into a contract with a construction manager at risk for preconstruction services pursuant to NRS 338.1695, after the [public body] local government has finalized the design for the public work, the [public body] local government or its authorized representative shall enter into negotiations with the construction manager at risk for a contract to construct the public work for the [public body] local government for:

 


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ê2009 Statutes of Nevada, Page 441 (Chapter 118, AB 174)ê

 

      (a) The cost of the work, plus a fee, with a guaranteed maximum price;

      (b) A fixed price; or

      (c) A fixed price plus reimbursement for overhead and other costs and expenses related to the construction of the public work.

      2.  If the [public body] local government or its authorized representative is unable to negotiate a satisfactory contract with the construction manager at risk to construct the public work, the [public body:] local government or its authorized representative:

      (a) Shall terminate negotiations with that applicant; and

      (b) May award the contract for the public work [:

            (1) If the public body is not a local government, pursuant to the provisions of NRS 338.1377 to 338.139, inclusive.

            (2) If the public body is a local government,] pursuant to the provisions of NRS 338.1377 to 338.139, inclusive, or 338.143 to 338.148, inclusive.

      Sec. 10.  NRS 338.1698 is hereby amended to read as follows:

      338.1698  A contract awarded to a construction manager at risk pursuant to NRS 338.1695 or 338.1696:

      1.  Must comply with the provisions of NRS 338.020 to 338.090, inclusive.

      2.  Must specify a date by which performance of the work required by the contract must be completed.

      3.  May set forth the terms by which the construction manager at risk agrees to name the [public body,] local government, at the cost of the [public body,] local government, as an additional insured in an insurance policy held by the construction manager at risk.

      4.  Must require that the construction manager at risk to whom a contract is awarded assume overall responsibility for ensuring that the preconstruction or construction of the public work, as applicable, is completed in a satisfactory manner.

      5.  May include such additional provisions as may be agreed upon by the [public body] local government or its authorized representative and the construction manager at risk.

      Sec. 11.  NRS 338.1699 is hereby amended to read as follows:

      338.1699  1.  To be eligible to provide materials, equipment, work or other services on a public work for which a construction manager at risk was awarded a contract pursuant to NRS 338.1696, a subcontractor must be:

      (a) Licensed pursuant to chapter 624 of NRS; and

      (b) Selected by the construction manager at risk based on the process of competitive bidding set forth in the applicable provisions of NRS 338.1373 to 338.148, inclusive.

      2.  A construction manager at risk to whom a contract for the construction of a public work is awarded pursuant to NRS 338.1696 shall submit to the [public body] local government that awarded the contract or its authorized representative a list containing the names of each subcontractor with whom the construction manager at risk intends to enter into a contract for the provision of materials, equipment, work or other services on the public work.

      Sec. 12.  This act becomes effective upon passage and approval and expires by limitation on June 30, 2011.

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ê2009 Statutes of Nevada, Page 442ê

 

CHAPTER 119, AB 176

Assembly Bill No. 176–Assemblywoman McClain

 

CHAPTER 119

 

AN ACT relating to administrators of facilities for long-term care; renaming the Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care as the Board of Examiners for Long-Term Care Administrators; revising provisions relating to disciplinary actions; granting subpoena powers to the Board; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Sections 1 and 2 of this bill change the name of the Nevada State Board of Examiners for Administrators of Facilities for Long-Term Care to the Board of Examiners for Long-Term Care Administrators.

      Existing law establishes various penalties the Board may impose as disciplinary action against nursing facility administrators and administrators of a residential facility for groups who commit certain violations. (NRS 654.190) Section 3 of this bill increases the maximum administrative fine the Board may impose upon such persons from $5,000 to $10,000 for each violation. Section 3 also provides that the Board may deny the issuance or renewal of a license and impose any combination of authorized disciplinary actions against such persons for a violation. Additionally, section 3 revises the manner in which notice of a hearing relating to disciplinary action must be given to a licensee. Furthermore, section 3 establishes the Board’s authority to subpoena witnesses and documents.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 654.020 is hereby amended to read as follows:

      654.020  “Board” means the [Nevada State] Board of Examiners for [Administrators of Facilities for] Long-Term Care [.] Administrators.

      Sec. 2.  NRS 654.050 is hereby amended to read as follows:

      654.050  The [Nevada State] Board of Examiners for [Administrators of Facilities for] Long-Term Care [,] Administrators, consisting of the Director of the Department of Health and Human Services or his designee and six members appointed by the Governor, is hereby created within the Department of Health and Human Services.

      Sec. 3.  NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The Board may, after notice and a hearing as required by law, impose an administrative fine of not more than [$5,000] $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke , deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any nursing facility administrator or administrator of a residential facility for groups who:

      (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

 


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ê2009 Statutes of Nevada, Page 443 (Chapter 119, AB 176)ê

 

      (b) Has obtained his license by the use of fraud or deceit.

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

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

      (e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups, including, without limitation, a code of ethics.

      (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the nursing facility administrator or administrator of a residential facility for groups and the patient or resident for the financial or other gain of the licensee.

      2.  The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing [not less than 10 days before the date of the hearing.] pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his right to attend the hearing.

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

      4.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      5.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chairman of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

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ê2009 Statutes of Nevada, Page 444ê

 

CHAPTER 120, AB 194

Assembly Bill No. 194–Assemblymen Goicoechea, Bobzien; Hambrick and Settelmeyer (by request)

 

CHAPTER 120

 

AN ACT relating to wildlife; revising the system of assessing demerit points for wildlife convictions to exclude certain convictions concerning master guides and subguides; prohibiting a person from providing compensation to a person acting as a master guide or subguide without proof of licensure; revising the penalty for acting as a master guide or subguide without a license issued by the Department of Wildlife; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Board of Wildlife Commissioners to establish a system of assessing demerit points for a person who is convicted of violating certain laws and regulations in this State relating to hunting, fishing and trapping. Existing law also sets forth certain laws for which a violation is not included in the system of assessing demerit points. (NRS 501.1812-501.1818) Section 3 of this bill includes acting as a guide or subguide without a license within the group of laws for which a violation is not included in the system of assessing demerit points. (NRS 501.1812)

      Existing law requires each person who provides service as a hunting or fishing guide for compensation or who provides that service as an incidental service to customers of a commercial enterprise to have a master guide license issued by the Department of Wildlife. Existing law also requires any person who assists a master guide and acts as a guide in the course of that activity to have a subguide license issued by the Department. (NRS 504.390) Existing law provides that a person who acts as a master guide or subguide without first obtaining a license from the Department is guilty of a gross misdemeanor. (NRS 504.395) Section 9 of this bill revises the penalty for committing such a violation by providing that the person is guilty of a gross misdemeanor for a first offense and guilty of a category E felony for a second or subsequent offense. Section 9 also requires the Board of Wildlife Commissioners to revoke any hunting, fishing or trapping license, permit or privilege issued to the person and refuse to issue any new hunting, fishing or trapping license to the person for 5 years. Sections 1 and 2 of this bill conform existing references to such a violation to account for the change in the penalty. Section 5 of this bill prohibits a person from knowingly compensating a person who engages in activity for which a master guide license or subguide license is required unless the person engaging in that activity provides proof that he is the holder of such a license to the person providing the compensation. Section 5 makes a violation of that prohibition a misdemeanor. Sections 7 and 8 of this bill define the word “compensation” and also revise the existing definition of “guide” for the purpose of requiring the issuance of master guide licenses and subguide licenses. (NRS 504.390)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 501.171 is hereby amended to read as follows:

      501.171  1.  A county advisory board to manage wildlife shall submit written nominations for appointments to the Commission upon the request of the Governor and may submit nominations at any other time.

 


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ê2009 Statutes of Nevada, Page 445 (Chapter 120, AB 194)ê

 

      2.  After consideration of the written nominations submitted by a county advisory board to manage wildlife and any additional candidates for appointment to the Commission, the Governor shall appoint to the Commission:

      (a) One member who is actively engaged in the conservation of wildlife;

      (b) One member who is actively engaged in farming;

      (c) One member who is actively engaged in ranching;

      (d) One member who represents the interests of the general public; and

      (e) Five members who during at least 3 of the 4 years immediately preceding their appointment held a resident license to fish or hunt, or both, in Nevada.

      3.  The Governor shall not appoint to the Commission any person who has been convicted of:

      (a) A felony or gross misdemeanor for a violation of NRS 501.376;

      (b) A gross misdemeanor for a violation of NRS 502.060 ; [or 504.395; or]

      (c) A felony or gross misdemeanor for a violation of NRS 504.395; or

      (d) Two or more violations of the provisions of chapters 501 to 504, inclusive, of NRS,

Ê during the previous 10 years.

      4.  Not more than three members may be from the same county whose population is 400,000 or more, not more than two members may be from the same county whose population is 100,000 or more but less than 400,000, and not more than one member may be from the same county whose population is less than 100,000.

      5.  The Commission shall annually select a Chairman and a Vice Chairman from among its members. A person shall not serve more than two consecutive terms as Chairman.

      Sec. 2.  NRS 501.172 is hereby amended to read as follows:

      501.172  1.  A member of the Commission may be removed from office for just cause.

      2.  A member of the Commission must be removed from office for:

      (a) A conviction of a felony or gross misdemeanor for a violation of NRS 501.376;

      (b) A conviction of a gross misdemeanor for a violation of NRS 502.060 ; [or 504.395; or]

      (c) A conviction of a felony or gross misdemeanor for a violation of NRS 504.395; or

      (d) Two or more convictions of violating the provisions of chapters 501 to 504, inclusive, of NRS.

      Sec. 3.  NRS 501.1812 is hereby amended to read as follows:

      501.1812  As used in NRS 501.1812 to 501.1818, inclusive, unless the context otherwise requires:

      1.  “License” means a license or tag issued by the Department for:

      (a) Recreational hunting or fishing; or

      (b) Taking fur-bearing mammals, trapping unprotected mammals or selling raw furs for profit.

      2.  “Permit” means a permit issued by the Department for recreational hunting or fishing.

 


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ê2009 Statutes of Nevada, Page 446 (Chapter 120, AB 194)ê

 

      3.  “Wildlife conviction” means a conviction obtained in any court of competent jurisdiction in this State, including, without limitation, a conviction obtained upon a plea of nolo contendere or upon a forfeiture of bail not vacated in any such court, for a violation of:

      (a) A provision of this title or any regulation adopted pursuant to this title other than a provision of NRS 502.370, 502.390, 503.185, 503.310 or 504.295 to [504.390,] 504.398, inclusive; or

      (b) A provision of the Lacey Act [Amendment] Amendments of 1981, [Public Law 97-79,] 16 U.S.C. §§ 3371 et seq., if the violation of that provision is based on a violation of a law or regulation of this State.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  Chapter 504 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not, directly or indirectly, knowingly compensate a person who holds himself out as providing guide service or engaging in business as a master guide or subguide, or acting in any other capacity for which a master guide license or subguide license is required pursuant to NRS 504.390, unless the person acting in that capacity provides proof that he is a holder of such a master guide license or subguide license to the person providing the compensation.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  NRS 504.390 is hereby amended to read as follows:

      504.390  1.  As used in this section, unless the context otherwise requires [otherwise, “guide”] :

      (a) “Compensation” means any remuneration given in exchange for providing guide service which is predicated on a business relationship between the parties. The term does not include any reimbursement for shared trip expenses, including, without limitation, expenses for gasoline, food or any other costs that are generally associated with persons who are engaging in recreational hunting or fishing together.

      (b) “Guide” means to assist another person for compensation in hunting wild mammals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.

      2.  Each person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, must obtain a master guide license from the Department. Such a license must not be issued to any person who has not reached 21 years of age.

      3.  Except as otherwise provided in this subsection, each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity must obtain a subguide license from the Department. Such a license must not be issued to any person who has not reached 18 years of age. The provisions of this subsection do not apply to a person who:

 


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ê2009 Statutes of Nevada, Page 447 (Chapter 120, AB 194)ê

 

      (a) Is employed by or assists a person who holds a master guide license solely for the purpose of cooking, cutting wood , [or] caring for, grooming or saddling livestock , [;] or transporting a person by motor vehicle to or from a public facility for transportation, including, without limitation, a public airport.

      (b) Holds a master guide license which authorizes him to provide services for the same species and in the same areas as the guide who employs him or requests his assistance and has submitted to the Department a notarized statement which indicates that he is employed by or provides assistance to the guide. The statement must be signed by both guides.

      4.  Fees for master guide and subguide licenses must be as provided in NRS 502.240.

      5.  Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the Department. The application must contain the social security number of the applicant and such other information as the Commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a nonrefundable fee of $1,500.

      6.  Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the Department. If that person was not licensed as a subguide during the previous licensing year, his application must be accompanied by a nonrefundable fee of $50.

      7.  It is unlawful for the holder of a master guide license to operate in any area where a special use permit is required without first obtaining a permit unless he is employed by or providing assistance to a guide pursuant to subsection 3.

      8.  The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the Department may require concerning fish and game taken by such persons. The information must be furnished to the Department on request.

      9.  If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this title or chapter 488 of NRS, the Commission may revoke the license of the licensee and may refuse issuance of another license to the licensee for a period not to exceed 5 years.

      10.  The Commission may adopt regulations covering the conduct and operation of a guide service.

      11.  The Department may issue master guide and subguide licenses that are valid only in certain management areas, management units or administrative regions in such a manner as may be determined by the regulations of the Commission.

      Sec. 8.  NRS 504.390 is hereby amended to read as follows:

      504.390  1.  As used in this section, unless the context otherwise requires [otherwise, “guide”] :

      (a) “Compensation” means any remuneration given in exchange for providing guide service which is predicated on a business relationship between the parties. The term does not include any reimbursement for shared trip expenses, including, without limitation, expenses for gasoline, food or any other expenses that are generally associated with persons who are engaging in recreational hunting or fishing together.

 


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ê2009 Statutes of Nevada, Page 448 (Chapter 120, AB 194)ê

 

      (b) “Guide” means to assist another person for compensation in hunting wild mammals or wild birds and fishing and includes the transporting of another person or his equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.

      2.  Each person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, must obtain a master guide license from the Department. Such a license must not be issued to any person who has not reached 21 years of age.

      3.  Except as otherwise provided in this subsection, each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity must obtain a subguide license from the Department. Such a license must not be issued to any person who has not reached 18 years of age. The provisions of this subsection do not apply to a person who:

      (a) Is employed by or assists a person who holds a master guide license solely for the purpose of cooking, cutting wood , [or] caring for, grooming or saddling livestock , [;] or transporting a person by motor vehicle to or from a public facility for transportation, including, without limitation, a public airport.

      (b) Holds a master guide license which authorizes him to provide services for the same species and in the same areas as the guide who employs him or requests his assistance and has submitted to the Department a notarized statement which indicates that he is employed by or provides assistance to the guide. The statement must be signed by both guides.

      4.  Fees for master guide and subguide licenses must be as provided in NRS 502.240.

      5.  Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the Department. The application must contain such information as the Commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, his application must be accompanied by a nonrefundable fee of $1,500.

      6.  Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the Department. If that person was not licensed as a subguide during the previous licensing year, his application must be accompanied by a nonrefundable fee of $50.

      7.  It is unlawful for the holder of a master guide license to operate in any area where a special use permit is required without first obtaining a permit unless he is employed by or providing assistance to a guide pursuant to subsection 3.

      8.  The holder of a master guide license shall maintain records of the number of hunters and fishermen served, and any other information which the Department may require concerning fish and game taken by such persons. The information must be furnished to the Department on request.

      9.  If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this title or chapter 488 of NRS, the Commission may revoke the license of the licensee and may refuse issuance of another license to the licensee for a period not to exceed 5 years.

 


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

ê2009 Statutes of Nevada, Page 449 (Chapter 120, AB 194)ê

 

      10.  The Commission may adopt regulations covering the conduct and operation of a guide service.

      11.  The Department may issue master guide and subguide licenses that are valid only in certain management areas, management units or administrative regions in such a manner as may be determined by the regulations of the Commission.

      Sec. 9.  NRS 504.395 is hereby amended to read as follows:

      504.395  1.  Any person who purposefully or knowingly acts as a master guide or as a subguide without first obtaining a license pursuant to NRS 504.390 is guilty of :

      (a) For a first offense, a gross misdemeanor.

      (b) For a second or subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.

      2.  Any vessel, vehicle, aircraft, pack or riding animal or other equipment used by a person operating in violation of subsection 1 is subject to forfeiture upon the conviction of that person of a gross misdemeanor or felony if that person knew or should have known that the vessel, vehicle, aircraft, animal or equipment would be used in violation of subsection 1.

      3.  In addition to any penalty imposed pursuant to subsection 1, if a person is convicted of violating a provision of that subsection, the Commission shall:

      (a) Revoke any license, permit or privilege issued to that person pursuant to this title; and

      (b) Refuse to issue any new license, permit or privilege to the person for 5 years after the date of the conviction.

      Sec. 10.  1.  This section and sections 1 to 7, inclusive, and 9 of this act become effective on October 1, 2009.

      2.  Section 7 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

      3.  Section 8 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

      (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

________

 


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

ê2009 Statutes of Nevada, Page 450ê

 

CHAPTER 121, AB 196

Assembly Bill No. 196–Assemblywoman Leslie

 

CHAPTER 121

 

AN ACT relating to public health; revising provisions relating to the licensure of facilities for refractive surgery; providing for the closure of a facility for refractive surgery if the facility is operating without a license; revising provisions governing collaboration agreements between optometrists and ophthalmologists; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires a person, state or local government or agency thereof to obtain a license to operate or maintain a medical facility, including a facility for refractive surgery. (NRS 449.0151, 449.030) Existing administrative regulations of the State Board of Health exempt a licensed ophthalmologist from these requirements for licensure of a facility if the ophthalmologist provides other ophthalmological medical services in addition to surgical treatments for refractive errors of the eye. (NAC 449.4502) Section 7 of this bill codifies into statute an exemption for certain licensed ophthalmologists who provide surgical procedures in addition to surgical treatments for refractive errors of the eye and adds a requirement that the ophthalmologist file an affidavit with the Health Division of the Department of Health and Human Services attesting that he provides the additional surgical procedures.

      Section 8 of this bill requires a facility for refractive surgery to ensure that: (1) all surgical treatments for refractive errors of the eye are performed by a licensed ophthalmologist; and (2) a licensed ophthalmologist is available for postoperative care if the medical needs of a patient necessitate the services of an ophthalmologist.

      Section 9 of this bill authorizes the Health Division to issue an order to cease and desist upon belief that a person, state or local government or an agency thereof is operating a facility for refractive surgery without a license. Section 9 also provides that the Health Division may file an action in court for issuance of an injunction and imposition of a civil penalty.

      Existing law authorizes an optometrist to, based upon the individual needs of a patient, collaborate with an ophthalmologist for the provision of care to the patient under certain conditions. (NRS 636.374) Section 13 of this bill adds to the conditions a requirement that the collaborating optometrist refer a patient back to the collaborating ophthalmologist, or another ophthalmologist in his absence, if the patient requires care by an ophthalmologist.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Ophthalmologist” means a physician who is qualified to perform laser surgery or intense pulsed light therapy on the globe of the eye pursuant to NRS 630.371 or 633.693.

 


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

ê2009 Statutes of Nevada, Page 451 (Chapter 121, AB 196)ê

 

      Sec. 4.  “Postoperative care” means assessing, monitoring or treating a patient while the patient is recovering or healing from a surgical treatment for a refractive error of the eye.

      Sec. 5.  “Preoperative care” means assessing or treating a patient in preparation for a surgical treatment for a refractive error of the eye.

      Sec. 6.  “Surgical treatment for a refractive error of the eye” means the surgical treatment of a patient with a refractive error of the eye by:

      1.  Photorefractive keratectomy;

      2.  Laser in situ keratomileusis;

      3.  Conductive keratoplasty;

      4.  Implantation of an intraocular lens; or

      5.  Any other available technology, technique or procedure which surgically treats refractive errors of the eye and which has been approved by the United States Food and Drug Administration.

      Sec. 7.  A person is not required to obtain a license to operate and maintain a facility for refractive surgery pursuant to the provisions of this chapter if the person:

      1.  Is an ophthalmologist;

      2.  Provides surgical procedures to patients at the facility in addition to preoperative care, postoperative care and surgical treatments for refractive errors of the eye; and

      3.  Files with the Health Division an affidavit attesting that the person provides surgical procedures at the facility in addition to preoperative care, postoperative care and surgical treatments for refractive errors of the eye.

      Sec. 8.  A facility for refractive surgery shall ensure that:

      1.  All surgical treatments for refractive errors of the eye performed at the facility are performed only by an ophthalmologist.

      2.  The ophthalmologist who performs a surgical treatment for refractive errors of the eye at the facility:

      (a) Is available in person for postoperative care if the medical needs of a patient necessitate the services of an ophthalmologist; or

      (b) Enters into an agreement with another ophthalmologist to be available in person for postoperative care if the medical needs of the patient necessitate the services of an ophthalmologist.

      Sec. 9.  1.  If the Health Division believes that a person who is required to obtain a license pursuant to this chapter is operating a facility for refractive surgery without such a license, the Health Division may issue an order to cease and desist the operation of the facility. The order must be served upon the person directly or by certified or registered mail, return receipt requested. The order becomes effective upon service.

      2.  An order issued pursuant to subsection 1 expires 30 days after the date of service unless the Health Division institutes an action in a court of competent jurisdiction seeking an injunction.

      3.  Upon a showing by the Health Division that a person is operating a facility for refractive surgery without a license issued pursuant to this chapter, a court of competent jurisdiction may:

      (a) Enjoin the person from operating the facility.

      (b) Impose a civil penalty to be recovered by the Health Division of not more than $10,000 for the first offense and of not less than $10,000 or more than $20,000 for a second or subsequent offense.

 


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

ê2009 Statutes of Nevada, Page 452 (Chapter 121, AB 196)ê

 

      4.  A person enjoined or penalized pursuant to subsection 3 may not apply for a license to operate a facility for refractive surgery for a period of 6 months after the date on which the court issues the injunction or penalty.

      Sec. 10.  The provisions of sections 2 to 10, inclusive, of this act do not prohibit an ophthalmologist from collaborating with an optometrist to provide care to a patient if the collaboration complies with the requirements of NRS 636.374.

      Sec. 11.  NRS 449.00387 is hereby amended to read as follows:

      449.00387  1.  “Facility for refractive surgery” means a freestanding facility that provides limited medical services [for] relating to surgical treatments for patients with refractive errors of the eye, including the preoperative care and evaluation of those patients , [with refractive errors of the eye and] the surgical treatment of those patients [.] and the postoperative care and evaluation of those patients.

      2.  As used in this section:

      (a) “Postoperative care” has the meaning ascribed to it in section 4 of this act.

      (b) “Preoperative care” has the meaning ascribed to it in section 5 of this act.

      Sec. 12.  NRS 449.210 is hereby amended to read as follows:

      449.210  1.  Except as otherwise provided in [subsections 2 and 3,] subsection 2 and section 9 of this act, a person who operates a medical facility or facility for the dependent without a license issued by the Health Division is guilty of a misdemeanor.

      2.  A person who operates a residential facility for groups without a license issued by the Health Division:

      (a) Is liable for a civil penalty to be recovered by the Attorney General in the name of the Health Division for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 [nor] or more than $20,000;

      (b) Shall [be required to] move all of the persons who are receiving services in the residential facility for groups to a residential facility for groups that is licensed at his own expense; and

      (c) May not apply for a license to operate a residential facility for groups for a period of 6 months after he is punished pursuant to this section.

      3.  Unless otherwise required by federal law, the Health Division shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the protection of the health, safety and well-being of patients, including residents of residential facilities for groups.

      Sec. 13.  NRS 636.374 is hereby amended to read as follows:

      636.374  An optometrist may, based upon the individual needs of a particular patient, collaborate with an ophthalmologist for the provision of care to the patient, for a fixed fee, regarding one or more surgical procedures if:

      1.  The collaborating parties prepare and maintain in their respective medical records regarding the patient, written documentation of each procedure and other service performed by each collaborating party which includes the date each procedure and other service is performed;

      2.  The fixed fee is divided between the collaborating parties in proportion to the services personally performed by each of them; [and]

 


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

ê2009 Statutes of Nevada, Page 453 (Chapter 121, AB 196)ê

 

      3.  The collaborating parties agree that the collaborating optometrist will refer the patient back to the collaborating ophthalmologist or, if the collaborating ophthalmologist is not available, another ophthalmologist designated by the collaborating ophthalmologist to provide care to the patient if the medical needs of the patient necessitate the provision of care by an ophthalmologist; and

      4.  The collaborating parties provide to the patient and maintain in their respective medical records regarding the patient, a written document, signed by each of the collaborating parties and the patient, containing:

      (a) The name, business address and telephone number of each of the collaborating parties;

      (b) The amount of the fixed fee for the procedures and services;

      (c) The proportion of that fee to be received by each collaborating party;

      (d) A statement, signed by the patient and a witness who is not one of the collaborating parties, that the patient voluntarily, knowingly and willingly desires the performance of the postoperative care by the collaborating optometrist;

      (e) A statement that the patient is entitled to return to the collaborating ophthalmologist for postoperative care at any time after the surgery; and

      (f) A statement which:

            (1) Indicates that the practice of optometry and ophthalmology are respectively regulated by the Nevada State Board of Optometry and the Board of Medical Examiners; and

            (2) Contains the address and telephone number of each of those Boards.

      Sec. 14.  This act becomes effective on July 1, 2009.

________

 


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

ê2009 Statutes of Nevada, Page 454ê

 

CHAPTER 122, AB 213

Assembly Bill No. 213–Assemblymen Anderson, Conklin, Horne, Kihuen, Parnell; Arberry, Atkinson, Carpenter, Dondero Loop, Gustavson, Hambrick, Kirkpatrick, Manendo, McArthur, McClain, Mortenson, Ohrenschall, Segerblom and Settelmeyer (by request)

 

Joint Sponsor: Senator Cegavske

 

CHAPTER 122

 

AN ACT relating to cancer; requiring the State Board of Pharmacy to establish the Cancer Drug Donation Program; requiring the Board to adopt regulations to carry out the Program; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes a system for the reporting and analyzing of information relating to cancer and establishes task forces on prostate cancer and cervical cancer. (Chapter 457 of NRS)

      Section 7 of this bill requires the State Board of Pharmacy to establish the Cancer Drug Donation Program. The Program will distribute and dispense cancer drugs donated to the Program to cancer patients. Section 7 also authorizes persons to donate cancer drugs at any pharmacy, medical facility, health clinic or provider of health care that participates in the Program. The donated drugs must be in the original, unopened and sealed packages and must not be adulterated or misbranded. Section 10 of this bill requires the Board to adopt regulations to carry out the Program. Section 11 of this bill provides immunity from civil or criminal liability or any disciplinary action by a professional licensing board for: (1) any person who exercises reasonable care in donating a cancer drug to the Program; and (2) any pharmacy, medical facility, health clinic or provider of health care that exercises reasonable care in accepting, distributing or dispensing a cancer drug pursuant to the Program. Section 11 also provides that a manufacturer of a cancer drug is immune from civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the cancer drug pursuant to the Program.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 457 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 11, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Cancer drug” means a prescription drug that is used to treat cancer.

      Sec. 4.  “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 5.  “Program” means the Cancer Drug Donation Program established pursuant to section 7 of this act.

 


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

ê2009 Statutes of Nevada, Page 455 (Chapter 122, AB 213)ê

 

      Sec. 6.  “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 7.  1.  The State Board of Pharmacy shall establish and maintain the Cancer Drug Donation Program to accept, distribute and dispense cancer drugs donated to the Program.

      2.  Any person may donate a cancer drug to the Program. A cancer drug may be donated at a pharmacy, medical facility, health clinic or provider of health care that participates in the Program.

      3.  A pharmacy, medical facility, health clinic or provider of health care that participates in the Program may charge a patient who receives a cancer drug a handling fee in accordance with the regulations adopted by the State Board of Pharmacy pursuant to section 10 of this act.

      4.  A cancer drug may be accepted, distributed or dispensed pursuant to the Program only if the cancer drug:

      (a) Is in its original, unopened, sealed and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit dose packaging is unopened;

      (b) Is not adulterated or misbranded; and

      (c) Bears an expiration date that is later than 30 days after the drug is donated.

      5.  A cancer drug donated to the Program may not be:

      (a) Resold; or

      (b) Designated by the donor for a specific person.

      6.  The provisions of this section do not require a pharmacy, medical facility, health clinic or provider of health care to participate in the Program.

      Sec. 8.  A cancer drug donated for use in the Program may only be dispensed:

      1.  By a pharmacist who is registered pursuant to chapter 639 of NRS;

      2.  Pursuant to a prescription written by a person who is authorized to write prescriptions; and

      3.  To a person who is eligible to receive cancer drugs dispensed pursuant to the Program.

      Sec. 9.  A pharmacy, medical facility, health clinic or provider of health care that participates in the Program:

      1.  Shall comply with all applicable state and federal laws concerning the storage, distribution and dispensing of the cancer drugs; and

      2.  May distribute a cancer drug donated to the Program to another pharmacy, medical facility, health clinic or provider of health care for use in the Program.

      Sec. 10.  The State Board of Pharmacy shall adopt regulations to carry out the provisions of sections 2 to 11, inclusive, of this act. The regulations must prescribe, without limitation:

      1.  The requirements for the participation of pharmacies, medical facilities, health clinics and providers of health care in the Program, including, without limitation:

      (a) A requirement that each provider of health care who participates in the Program provide, as a regular course of practice, medical services and goods to persons with cancer; and

      (b) A requirement that each medical facility that participates in the Program provide, as a regular course of practice, medical services and goods to persons with cancer;

 


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

ê2009 Statutes of Nevada, Page 456 (Chapter 122, AB 213)ê

 

      2.  The criteria for determining the eligibility of persons to receive cancer drugs dispensed pursuant to the Program, including, without limitation, a requirement that a person sign up with the State Board of Pharmacy on a form prescribed by the Board to be eligible to receive cancer drugs dispensed pursuant to the Program;

      3.  The categories of cancer drugs that may be accepted for distribution or dispensing pursuant to the Program; and

      4.  The maximum fee that a pharmacy, medical facility, health clinic or provider of health care may charge to distribute or dispense cancer drugs pursuant to the Program.

      Sec. 11.  1.  A person who exercises reasonable care in the donation of a cancer drug in accordance with the provisions of sections 2 to 11, inclusive, of this act, and the regulations adopted pursuant thereto, is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the donation of the cancer drug.

      2.  A pharmacy, medical facility, health clinic or provider of health care which participates in the Program and which exercises reasonable care in the acceptance, distribution or dispensation of a cancer drug is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the acceptance, distribution or dispensation of the cancer drug.

      3.  A manufacturer of a cancer drug is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the cancer drug pursuant to sections 2 to 11, inclusive, of this act and the regulations adopted pursuant thereto.

      Sec. 12.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 457ê

 

CHAPTER 123, AB 219

Assembly Bill No. 219–Assemblyman Hardy

 

Joint Sponsor: Senator Horsford

 

CHAPTER 123

 

AN ACT relating to health; requiring the Department of Health and Human Services to encourage each provider of health care or other services to perform a blood test to determine the amount of lead in each child receiving services from the provider of health care or other services under certain circumstances; requiring a second blood test to be performed based on certain results; requiring a qualified laboratory that conducts a blood test for the presence of lead in a child to report the results of the test to the appropriate health authority under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      This bill requires the Department of Health and Human Services to encourage each provider of health care or other services to perform or cause to be performed blood tests to ascertain the amount of lead in the blood of each child receiving services from the provider of health care or other services when the child reaches certain ages. This bill also requires the Department to encourage each provider of health care or other services who provides early and periodic screening, diagnostic and treatment services to a child under federal law to conduct or cause to be conducted such a screening for lead levels in accordance with the guidelines of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services. This bill further requires that any result of a blood test which is obtained from a capillary specimen and which indicates a level of lead that is greater than 10 ug/dL be confirmed using blood drawn from a vein. Finally, this bill requires a laboratory that conducts a blood test for the presence of lead in a child who is under 18 years of age to report the results of that test to the appropriate health authority in accordance with regulations adopted by the State Board of Health.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 442 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall encourage each provider of health care or other services who:

      (a) Is qualified to conduct blood tests during the course of his practice to perform, or cause to be performed, a test to determine the amount of lead in the blood of each child receiving services from the provider of health care or other services when the child:

            (1) Reaches 12 and 24 months of age, respectively; or

            (2) At least once before the child reaches 6 years of age.

 


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

ê2009 Statutes of Nevada, Page 458 (Chapter 123, AB 219)ê

 

      (b) Provides early and periodic screening, diagnostic and treatment services to a child in accordance with 42 U.S.C. §§ 1396 et seq. to conduct, or cause to be conducted, a screening for the amount of lead in the blood of the child in accordance with the guidelines of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.

      2.  Any result of a blood test specified in subsection 1 which is obtained by using a capillary specimen and which indicates an amount of lead in the blood that is greater than 10 ug/dL must, as soon as practicable after the result is obtained, be confirmed by a second test using a sample of blood from a vein of the child.

      3.  Each qualified laboratory that conducts a blood test for the presence of lead in a child who is under 18 years of age shall, as soon as practicable after conducting the test, submit a report of the results of the test to the appropriate health authority in accordance with regulations adopted by the State Board of Health. As used in this subsection, “health authority” has the meaning ascribed to it in NRS 441A.050.

________

 

CHAPTER 124, AB 232

Assembly Bill No. 232–Assemblymen Smith, Pierce, Horne, Arberry, McArthur; Aizley, Anderson, Buckley, Claborn, Denis, Gansert, Goicoechea, Hogan, Kihuen, Koivisto, Leslie, Manendo, Mastroluca, McClain, Munford, Oceguera, Ohrenschall, Parnell, Segerblom and Spiegel

 

CHAPTER 124

 

AN ACT relating to the State Legislature; revising provisions governing the Legislative Commission and the Interim Finance Committee; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law creates the Legislative Commission, consisting of 12 members, and requires the Legislature to determine by joint rule at each regular session the following for the Legislative Commission: (1) the method of determining the regular and alternate members; (2) the method for filling vacancies; (3) the terms of office of the members; and (4) the method of selecting and the term of office for the Chairman. (NRS 218.660) Subsection 5 of Joint Standing Rule No. 11 adopted by the 2009 Legislative Session provides that the membership of a member of the Legislative Commission who does not become a candidate for reelection or who is defeated for reelection terminates on the day next after the election and requires the vacancy to be filled as provided in the Rule. Section 1 of this bill codifies in statute the provisions of the Joint Standing Rule concerning the termination of the membership of a member of the Legislative Commission who does not become a candidate for reelection or who is defeated.

      Under existing law, the Interim Finance Committee is created in the Legislative Counsel Bureau to perform certain fiscal functions primarily during the legislative interims. The Interim Finance Committee is composed of the members of the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, known as the money committees, during the current or immediately preceding legislative session. (NRS 218.6825)

 


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

ê2009 Statutes of Nevada, Page 459 (Chapter 124, AB 232)ê

 

      Under existing law, the chairmanship of the Interim Finance Committee alternates each legislative interim between the immediate past Chairman of the money committee of each House of the Legislature. The term of the Chairman of the Interim Finance Committee extends from the convening of one legislative session until the convening of the next legislative session. (NRS 218.6825) Section 2 of this bill provides that the term of the Chairman of the Interim Finance Committee terminates before the convening of the next regular session of the Legislature if a new Chairman of the applicable money committee has been designated, after the intervening general election, for the next regular session of the Legislature.

      Existing law provides that the membership on the Interim Finance Committee of any member who does not become a candidate for reelection or who is defeated for reelection continues until the convening of the next legislative session. (NRS 218.6825) Section 2 of this bill terminates the membership of such a member on the day next after the general election, which is the same day on which his term of office as a Legislator ends. (Nev. Const. Art. 4, §§ 3, 4) Section 2 provides for the appointment of an alternate to fill the vacancy until the members of the applicable money committee have been designated for the ensuing regular session of the Legislature or until another alternate has been appointed. Section 2 also provides that the persons designated to serve on the money committees for the ensuing regular session become members of the Interim Finance Committee at the time those persons are so designated.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 218.660 is hereby amended to read as follows:

      218.660  1.  There is hereby created in the Legislative Counsel Bureau a Legislative Commission consisting of 12 members.

      2.  At each regular session of the Legislature held in odd-numbered years, the Senate shall, by resolution, designate six Senators as regular members of the Legislative Commission and six Senators as alternates, and the Assembly shall, by resolution, designate six Assemblymen as regular members of the Legislative Commission and six Assemblymen as alternates.

      3.  The Legislature shall determine by joint rule at each regular session of the Legislature in odd-numbered years:

      (a) The method of determining the majority party and the minority party regular and alternate membership on the Legislative Commission.

      (b) The method of filling vacancies on the Legislative Commission.

      (c) [The terms of office of members.

      (d)] The method of selecting the Chairman.

      [(e)] (d) The term of office of the Chairman.

      4.  The members of the Legislative Commission serve until their successors are appointed by resolution as provided in this section, except that the membership of any member who does not become a candidate for reelection or who is defeated for reelection terminates on the day next after the election and the vacancy must be filled as provided by the joint rule adopted pursuant to subsection 3.

      Sec. 2.  NRS 218.6825 is hereby amended to read as follows:

      218.6825  1.  There is hereby created in the Legislative Counsel Bureau an Interim Finance Committee . Except as otherwise provided in this section, the Interim Finance Committee is composed of the members of the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance during the current or immediately preceding session of the Legislature. [The]

 


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ê2009 Statutes of Nevada, Page 460 (Chapter 124, AB 232)ê

 

      2.  Except as otherwise provided in this subsection, the immediate past Chairman of the Senate Standing Committee on Finance is the Chairman of the Interim Finance Committee for the period ending with the convening of each even-numbered regular session of the Legislature. The immediate past Chairman of the Assembly Standing Committee on Ways and Means is the Chairman of the Interim Finance Committee during the next legislative interim, and the chairmanship alternates between the houses of the Legislature according to this pattern.

      [2.]  The term of the Chairman of the Interim Finance Committee terminates if a new Chairman of the Assembly Standing Committee on Ways and Means or the Senate Standing Committee on Finance, as the case may be, is designated for the next regular session of the Legislature, in which case that person so designated serves as the Chairman of the Committee until the convening of that regular session.

      3.  If any regular member of the Interim Finance Committee informs the Secretary that he will be unable to attend a particular meeting, the Secretary shall notify the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, to appoint an alternate for that meeting from the same house and political party as the absent member.

      [3.] 4.  Except as otherwise provided in subsection 5, the term of a member of the Interim Finance Committee expires upon the convening of the next regular session of the Legislature unless the member is replaced by the appointing authority. If the Speaker designate of the Assembly or the Majority Leader designate of the Senate designates members of the Assembly Standing Committee on Ways and Means or the Senate Standing Committee on Finance, as applicable, for the next ensuing regular session of the Legislature, the designated members become members of the Interim Finance Committee. A member may be reappointed.

      5.  The membership of any member who does not become a candidate for reelection or who is defeated for reelection [continues until the next session of the Legislature is convened.

      4.] terminates on the day next after the general election. The Speaker designate of the Assembly or the Majority Leader designate of the Senate, as the case may be, shall appoint an alternate to fill the vacancy on the Interim Finance Committee. Except as otherwise provided in this subsection, each alternate serves on the Committee:

      (a) If he is a member of the Assembly, until the Speaker designate of the Assembly designates the members of the Assembly Standing Committee on Ways and Means for the next ensuing regular session of the Legislature or appoints a different alternate.

      (b) If he is a member of the Senate, until the Majority Leader designate of the Senate designates the members of the Senate Standing Committee on Finance for the next ensuing regular session of the Legislature or appoints a different alternate.

      6.  The Director of the Legislative Counsel Bureau shall act as the Secretary of the Interim Finance Committee.

      [5.] 7.  A majority of the members of the Assembly Standing Committee on Ways and Means and a majority of the members of the Senate Standing Committee on Finance, jointly, may call a meeting of the Interim Finance Committee if the Chairman does not do so.

 


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ê2009 Statutes of Nevada, Page 461 (Chapter 124, AB 232)ê

 

      [6.] 8.  In all matters requiring action by the Interim Finance Committee, the vote of the Assembly and Senate members must be taken separately. No action may be taken unless it receives the affirmative vote of a majority of the Assembly members and a majority of the Senate members.

      [7.] 9.  Except during a regular or special session of the Legislature, each member of the Interim Finance Committee and appointed alternate is entitled to receive the compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session for each day or portion of a day during which he attends a Committee meeting or is otherwise engaged in Committee work plus the per diem allowance provided for state officers and employees generally and the travel expenses provided pursuant to NRS 218.2207. All such compensation must be paid from the Contingency Fund in the State Treasury.

________

 

CHAPTER 125, AB 242

Assembly Bill No. 242–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 125

 

AN ACT relating to diseased animals; providing that a report of trichomonosis in cattle submitted to the State Quarantine Officer is not confidential under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires owners or agents in charge of infected animals, inspectors of the State Department of Agriculture and practicing veterinarians to notify the State Quarantine Officer immediately if any of those persons has knowledge of any animal infected with any infectious, contagious or parasitic disease, but requires the notification of disease to be kept confidential except in certain circumstances. (NRS 571.160) This bill expands the exceptions to the confidentiality requirement to include instances in which the reported disease is trichomonosis in cattle.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 571.160 is hereby amended to read as follows:

      571.160  If any animal becomes infected with any infectious, contagious or parasitic disease as defined by rules and regulations adopted by the State Quarantine Officer, the owner or agent in charge of the infected animal, or any inspector of the Department or any practicing veterinarian who has knowledge of the infected animal, shall immediately notify the State Quarantine Officer. Except as otherwise provided in NRS 239.0115, a notification of disease received pursuant to this section must be kept confidential unless:

 


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ê2009 Statutes of Nevada, Page 462 (Chapter 125, AB 242)ê

 

      1.  The reported disease is [specifically] :

      (a) Specifically regulated pursuant to NRS 571.130 for mandatory control and eradication to protect the public health, other animals or wildlife; or

      (b) Trichomonosis in cattle; or

      2.  The State Quarantine Officer determines that a public health emergency exists.

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

________

 

CHAPTER 126, AB 311

Assembly Bill No. 311–Assemblymen Settelmeyer; Aizley, Bobzien, Buckley, Carpenter, Christensen, Cobb, Conklin, Denis, Gansert, Goedhart, Goicoechea, Grady, Gustavson, Hambrick, Hardy, Kirkpatrick, Manendo, Mastroluca, McArthur, Smith, Stewart and Woodbury

 

Joint Sponsors: Senators Amodei, Hardy and Washington

 

CHAPTER 126

 

AN ACT relating to common-interest communities; revising provisions governing the audit and review of financial statements of common-interest communities; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires a unit owners’ association with an annual budget of less than $75,000 to have its financial statement audited once every 4 fiscal years unless an audit for a fiscal year in which an audit will not be conducted is requested by 15 percent of the total number of voting members of the association. (NRS 116.31144) This bill requires the financial statement of such an association to be reviewed in the year immediately preceding the year in which a study of the association’s reserves is conducted unless an audit is otherwise requested by 15 percent of the voting members of the association.

      Existing law also requires an association with an annual budget of $75,000 or more but less than $150,000 to have its financial statement audited once every 4 fiscal years and reviewed every fiscal year for which an audit is not conducted. (NRS 116.31144) This bill requires the financial statement of such an association to be reviewed every fiscal year unless an audit is otherwise requested by 15 percent of the voting members of the association.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 116.31144 is hereby amended to read as follows:

      116.31144  1.  Except as otherwise provided in subsection 2, the executive board shall:

      (a) If the annual budget of the association is less than $75,000, cause the financial statement of the association to be [audited] reviewed by an independent certified public accountant [at least once every 4 fiscal years.]

 


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ê2009 Statutes of Nevada, Page 463 (Chapter 126, AB 311)ê

 

during the year immediately preceding the year in which a study of the reserves of the association is to be conducted pursuant to NRS 116.31152.

      (b) If the annual budget of the association is $75,000 or more but less than $150,000, cause the financial statement of the association to be [:

            (1) Audited by an independent certified public accountant at least once every 4 fiscal years; and

            (2) Reviewed] reviewed by an independent certified public accountant every fiscal year . [for which an audit is not conducted.]

      (c) If the annual budget of the association is $150,000 or more, cause the financial statement of the association to be audited by an independent certified public accountant every fiscal year.

      2.  For any fiscal year , [for which an audit of the financial statement of the association will not be conducted pursuant to subsection 1,] the executive board of an association to which paragraph (a) or (b) of subsection 1 applies shall cause the financial statement for that fiscal year to be audited by an independent certified public accountant if, within 180 days before the end of the fiscal year, 15 percent of the total number of voting members of the association submit a written request for such an audit.

      3.  The Commission shall adopt regulations prescribing the requirements for the auditing or reviewing of financial statements of an association pursuant to this section. Such regulations must include, without limitation:

      (a) The qualifications necessary for a person to audit or review financial statements of an association; and

      (b) The standards and format to be followed in auditing or reviewing financial statements of an association.

________

 


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ê2009 Statutes of Nevada, Page 464ê

 

CHAPTER 127, AB 362

Assembly Bill No. 362–Assemblyman Claborn

 

CHAPTER 127

 

AN ACT relating to wildlife; revising provisions governing the development of certain programs and other activities conducted by the Department of Wildlife; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Board of Wildlife Commissioners to guide the Department of Wildlife in carrying out various provisions of law governing wildlife and boating. (NRS 501.181) Existing law also provides that in addition to any fee charged and collected for a game tag, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund and used by the Department of Wildlife for costs related to certain programs, management activities and research relating to wildlife. (NRS 502.253) This bill provides that any such programs, activities or research must be developed or conducted under the guidance of the Board of Wildlife Commissioners.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 502.253 is hereby amended to read as follows:

      502.253  1.  In addition to any fee charged and collected pursuant to NRS 502.250, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund and used by the Department for costs related to:

      (a) Programs for the management and control of injurious predatory wildlife;

      (b) Wildlife management activities relating to the protection of nonpredatory game animals, sensitive wildlife species and related wildlife habitat;

      (c) Conducting research, as needed, to determine successful techniques for managing and controlling predatory wildlife, including studies necessary to ensure effective programs for the management and control of injurious predatory wildlife; and

      (d) Programs for the education of the general public concerning the management and control of predatory wildlife.

      2.  The Department of Wildlife is hereby authorized to expend a portion of the money collected pursuant to subsection 1 to enable the State Department of Agriculture to develop and carry out the programs described in subsection 1.

      3.  Any program developed or wildlife management activity or research conducted pursuant to this section must be developed or conducted under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.

 


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ê2009 Statutes of Nevada, Page 465 (Chapter 127, AB 362)ê

 

      4.  The money in the Wildlife Account remains in the Account and does not revert to the State General Fund at the end of any fiscal year.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 128, AB 372

Assembly Bill No. 372–Assemblyman Carpenter

 

CHAPTER 128

 

AN ACT relating to commercial motor vehicles; revising provisions regarding gross vehicle weight ratings and enforcement of weight limitations on certain motor vehicles and motor carriers; providing for administrative fines for certain violations by motor carriers; revising provisions relating to purchase by motor carriers of temporary permits; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the Department of Motor Vehicles collects an additional registration fee on every motortruck, truck-tractor or bus in this State based on the declared gross weight of the vehicle, and it is unlawful for a person to operate a motor vehicle on the highways of this State if the motor vehicle exceeds its declared gross weight. (NRS 482.482, 484.744) Section 5 of this bill amends provisions to require a person who has been convicted of or who pleaded guilty to operating a motortruck, truck-tractor or bus on the highways of this State in excess of the declared gross weight of the vehicle to reregister the vehicle based on its actual gross vehicle weight rating or combined gross vehicle weight rating, as applicable. Sections 2 and 3 of this bill provide that the definitions of the terms “gross vehicle weight rating” and “combined gross vehicle weight rating” are based on the maximum gross weight designated by the manufacturer at which the vehicle or combination of vehicles can be operated.

      Sections 7 and 8 of this bill add the definitions of “gross vehicle weight rating” and “combined gross vehicle weight rating” to chapter 706 of NRS, regarding motor carriers. Section 9 of this bill authorizes the Department to impose various administrative fines for violations of chapter 706 of NRS, and section 10 of this bill provides that the Department shall require a bond from any common motor carrier, contract motor carrier or private motor carrier of property who is determined by the Department to be habitually delinquent in payments of amounts due to the Department pursuant to chapter 706 of NRS.

      Existing law provides that certain motor carriers may purchase a temporary permit to travel over the highways of this State in lieu of obtaining certain licensing and registration in this State. (NRS 706.521) Under existing law, the temporary permit must be purchased by the motor carrier from the nearest available vendor to the point of entry into the State before or after entering the State, or from the first vendor located along the route of travel. (NRS 706.541) Section 13 of this bill amends the provision regarding purchase of a temporary permit to require a motor carrier to purchase the temporary permit before entering the State.

 


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ê2009 Statutes of Nevada, Page 466 (Chapter 128, AB 372)ê

 

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.  “Combined gross vehicle weight rating” means the maximum gross weight, as designated by the manufacturer, that a vehicle is capable of towing in combination with its own gross vehicle weight rating.

      Sec. 3.  “Gross vehicle weight rating” means the maximum gross weight, as designated by the manufacturer, at which a vehicle is capable of being operated, including any load the vehicle is capable of carrying but excluding any weight the vehicle is capable of towing.

      Sec. 4.  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 sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 5.  NRS 482.482 is hereby amended to read as follows:

      482.482  1.  In addition to any other applicable fee listed in NRS 482.480, there must be paid to the Department for the registration of every motortruck, truck-tractor or bus which has a declared gross weight of:

      (a) Less than 6,000 pounds, a fee of $33.

      (b) Not less than 6,000 pounds and not more than 8,499 pounds, a fee of $38.

      (c) Not less than 8,500 pounds and not more than 10,000 pounds, a fee of $48.

      (d) Not less than 10,001 pounds and not more than 26,000 pounds, a fee of $12 for each 1,000 pounds or fraction thereof.

      (e) Not less than 26,001 pounds and not more than 80,000 pounds, a fee of $17 for each 1,000 pounds or fraction thereof. The maximum fee is $1,360.

      2.  Except as otherwise provided in subsection 6, the original or renewal registration fees for fleets of vehicles with a declared gross weight in excess of 26,000 pounds and the governmental services tax imposed by the provisions of chapter 371 of NRS for the privilege of operating those vehicles may be paid in installments, the amount of which must be determined by regulation. The Department shall not allow installment payments for a vehicle added to a fleet after the original or renewal registration is issued.

      3.  If the due date of any installment falls on a Saturday, Sunday or legal holiday, that installment is not due until the next following business day.

      4.  Any payment required by subsection 2 shall be deemed received by the Department on the date shown by the post office cancellation mark stamped on an envelope containing payment properly addressed to the Department, if that date is earlier than the actual receipt of that payment.

      5.  A person who fails to pay any fee pursuant to subsection 2 or governmental services tax when due shall pay to the Department a penalty of 10 percent of the amount of the unpaid fee, plus interest on the unpaid fee at the rate of 1 percent per month or fraction of a month from the date the fee and tax were due until the date of payment.

 


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ê2009 Statutes of Nevada, Page 467 (Chapter 128, AB 372)ê

 

      6.  If a person fails to pay any fee pursuant to subsection 2 or governmental services tax when due, the Department may, in addition to the penalty provided for in subsection 5, require that person to pay:

      (a) The entire amount of the unpaid registration fee and governmental services tax owed by that person for the remainder of the period of registration; and

      (b) On an annual basis, any registration fee and governmental services tax set forth in subsection 2 which may be incurred by that person in any subsequent period of registration.

      7.  A person who is convicted of, or who pleads guilty, guilty but mentally ill or nolo contendere to, a violation of NRS 484.744 must reregister the vehicle with a declared gross weight equal to:

      (a) The gross vehicle weight rating; or

      (b) The combined gross vehicle weight rating, if the vehicle was operated in combination at the time of the violation.

Ê The registration fee owed pursuant to this subsection is incurred from the date the person was convicted of, or pled guilty, guilty but mentally ill or nolo contendere to, a violation of NRS 484.744.

      Sec. 6.  Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 10, inclusive, of this act.

      Sec. 7.  “Combined gross vehicle weight rating” has the meaning ascribed to it in section 2 of this act.

      Sec. 8.  “Gross vehicle weight rating” has the meaning ascribed to it in section 3 of this act.

      Sec. 9.  1.  In addition to any criminal penalty, any person who violates any provision of this chapter, or any lawful regulation, rule or order adopted or issued by the Department pursuant thereto is liable to the Department for an administrative fine as follows:

      (a) For a first offense, a fine of $500.

      (b) For a second offense, a fine of $1,000 or the total cost paid by the person for registration fees pursuant to NRS 482.480 and 482.482 and governmental services taxes pursuant to NRS 371.050 during the calendar year in which the offense was committed for the vehicle in which the offense was committed, whichever is greater, except that the amount of the fine must not exceed $2,500.

      (c) For a third offense, a fine of $1,500 or the total cost paid by the person for registration fees pursuant to NRS 482.480 and 482.482 and governmental services taxes pursuant to NRS 371.050 during the calendar year in which the offense was committed for the vehicle in which the offense was committed, whichever is greater, except that the amount of the fine must not exceed $2,500.

      (d) For a fourth and any subsequent offense, a fine of $2,500.

      2.  The Department shall afford to any person fined pursuant to subsection 1 an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      3.  All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer to the credit of the State Highway Fund.

      Sec. 10.  If the Department determines that a common motor carrier, contract motor carrier or private motor carrier of property is habitually delinquent in the payment of amounts due to the Department pursuant to this chapter, the Department shall require the common motor carrier, contract motor carrier or private motor carrier of property to provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all fees, penalties and interest due to the State of Nevada.

 


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ê2009 Statutes of Nevada, Page 468 (Chapter 128, AB 372)ê

 

contract motor carrier or private motor carrier of property to provide a bond executed by him as principal, and by a corporation qualified pursuant to the laws of this State as surety, payable to the State of Nevada, and conditioned upon the faithful performance of all the requirements of this chapter and upon the punctual payment of all fees, penalties and interest due to the State of Nevada. The total amount of the bond must not be less than $2,500.

      Sec. 11.  NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, and sections 7 and 8 of this act have the meanings ascribed to them in those sections.

      Sec. 12.  NRS 706.521 is hereby amended to read as follows:

      706.521  1.  Any person has the option, in lieu of causing a commercial motor vehicle as defined in 49 C.F.R. § 350.105 which has a [declared] gross vehicle weight rating or combined gross vehicle weight rating in excess of [26,000] 10,000 pounds to be licensed pursuant to the provisions of NRS 482.482 or 706.841, of purchasing a temporary permit and paying a fee of $5 plus 15 cents for each mile the Department estimates the vehicle will travel within the State of Nevada during the effective period of the temporary permit.

      2.  Except as otherwise provided in subsection 3, a temporary permit authorizes operation over the highways of this State from point of entry to point of exit for not more than 24 consecutive hours.

      3.  The Department may issue to the owner or operator of a common motor carrier of passengers a temporary permit which authorizes operation for not more than 120 consecutive hours.

      4.  If a person is issued a temporary permit pursuant to the provisions of this section, the Department shall credit the cost of that permit against the cost of any license subsequently issued to that person pursuant to the provisions of either NRS 482.482 or 706.841 whose effective dates include the effective dates of the temporary permit, or if that license fee has been satisfied, against any fee owed to the Department pursuant to the provisions of chapter 366 of NRS.

      Sec. 13.  NRS 706.541 is hereby amended to read as follows:

      706.541  [1.]  Any person who elects to purchase a temporary permit pursuant to NRS 706.521 in lieu of causing a vehicle to be licensed pursuant to the provisions of NRS 482.482 or 706.481 shall secure a permit from a vendor authorized to issue those permits pursuant to NRS 481.051 [.

      2.  If the person will not pass a vendor along his scheduled route, he shall secure the permit:

      (a) Before] before entering this State . [; or

      (b) From the nearest available vendor to his point of entry into this State.

      3.  If the person will pass a vendor along his scheduled route, he shall secure the permit from the first vendor located along that route.]

      Sec. 14.  NRS 706.813 is hereby amended to read as follows:

      706.813  The provisions of NRS 706.801 to 706.861, inclusive, do not apply to:

      1.  Vehicles which are exempt from special fuel tax requirements under NRS 366.221.

      2.  Vehicles having a [declared] gross vehicle weight rating or gross combined vehicle weight rating of 26,000 pounds or less [,] unless the vehicle meets the definition of “commercial motor vehicle” set forth in 49 C.F.R. § 350.105, and except that such vehicles are eligible for apportionment under the provisions of this chapter upon application by the operator.

 


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ê2009 Statutes of Nevada, Page 469 (Chapter 128, AB 372)ê

 

vehicle meets the definition of “commercial motor vehicle” set forth in 49 C.F.R. § 350.105, and except that such vehicles are eligible for apportionment under the provisions of this chapter upon application by the operator.

      Sec. 15.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 129, AB 377

Assembly Bill No. 377–Assemblyman Bobzien

 

CHAPTER 129

 

AN ACT relating to water; declaring the policy of this State to encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in Nevada; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      This bill declares the policy of this State to encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in Nevada. (NRS 533.024)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  NRS 533.024 is hereby amended to read as follows:

      533.024  The Legislature declares that:

      1.  It is the policy of this State:

      (a) To encourage and promote the use of effluent, where that use is not contrary to the public health, safety or welfare, and where that use does not interfere with federal obligations to deliver water of the Colorado River.

      (b) To recognize the importance of domestic wells as appurtenances to private homes, to create a protectible interest in such wells and to protect their supply of water from unreasonable adverse effects which are caused by municipal, quasi-municipal or industrial uses and which cannot reasonably be mitigated.

      (c) To encourage the State Engineer to consider the best available science in rendering decisions concerning the available surface and underground sources of water in Nevada.

      2.  The procedures in this chapter for changing the place of diversion, manner of use or place of use of water, and for confirming a report of conveyance, are not intended to have the effect of quieting title to or changing ownership of a water right and that only a court of competent jurisdiction has the power to determine conflicting claims to ownership of a water right.

________

 


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ê2009 Statutes of Nevada, Page 470ê

 

CHAPTER 130, AB 428

Assembly Bill No. 428–Assemblymen Dondero Loop, Parnell, Horne, Kihuen; Arberry, Bobzien, Conklin, Denis, Goicoechea, Hambrick, Koivisto, Manendo, Mastroluca, McClain, Mortenson, Ohrenschall, Segerblom and Smith

 

CHAPTER 130

 

AN ACT relating to education; authorizing the issuance and renewal of a special qualifications license to certain applicants who hold a bachelor’s degree; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Commission on Professional Standards in Education to adopt regulations providing for the issuance and renewal of a special qualifications license to an applicant who holds a master’s degree, a graduate degree or a doctoral degree in a field for which the applicant will provide instruction in a classroom and who meets certain other requirements. An applicant for a special qualifications license who holds a graduate degree must also submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring for the first year of his employment as a teacher with a school district or charter school. (NRS 391.019) This bill expands the issuance of a special qualifications license to applicants who hold a bachelor’s degree. This bill requires such an applicant who holds a bachelor’s degree to participate in a program of student teaching or mentoring or to agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of his employment as a teacher with a school district or charter school.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission:

      (a) Shall adopt regulations:

            (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses.

            (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

            (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

            (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

            (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Office of Disability Services of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

 


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ê2009 Statutes of Nevada, Page 471 (Chapter 130, AB 428)ê

 

            (6) Requiring teachers and other educational personnel to be registered with the Office of Disability Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

                  (I) Provide instruction or other educational services; and

                  (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

            (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelor’s degree, a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

                  (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                  (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

Ê An applicant for licensure pursuant to this subparagraph who holds a bachelor’s degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of his employment as a teacher with a school district or charter school.

            (8) Requiring an applicant for a special qualifications license to:

                  (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                  (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelor’s degree, master’s degree or doctoral degree held by the applicant.

            (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelor’s degree, master’s degree or doctoral degree held by that person.

            (10) Providing for the issuance and renewal of a special qualifications license to an applicant who:

                  (I) Holds a bachelor’s degree or a graduate degree from an accredited college or university in the field for which he will be providing instruction;

                  (II) Is not licensed to teach public school in another state;

                  (III) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                  (IV) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of his employment as a teacher with a school district or charter school [.] if he holds a graduate degree or, if he holds a bachelor’s degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this subparagraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

 


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ê2009 Statutes of Nevada, Page 472 (Chapter 130, AB 428)ê

 

            (11) If the Commission approves the Passport to Teaching certification from the American Board for Certification of Teacher Excellence as an alternative route to licensure, providing for the issuance and renewal of a special qualifications license to an applicant who:

                  (I) Holds a Passport to Teaching certification from the American Board for Certification of Teacher Excellence;

                  (II) Passes each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; and

                  (III) Agrees to participate in a program of mentoring prescribed by the Commission for the first year of his employment as a teacher with a school district or charter school.

      (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      2.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      3.  A person who is licensed pursuant to subparagraph (7), (10) or (11) of paragraph (a) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if he is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

      Sec. 2.  NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission:

      (a) Shall adopt regulations:

            (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses.

            (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

            (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

            (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

 


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ê2009 Statutes of Nevada, Page 473 (Chapter 130, AB 428)ê

 

            (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Office of Disability Services of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

            (6) Requiring teachers and other educational personnel to be registered with the Office of Disability Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

                  (I) Provide instruction or other educational services; and

                  (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

            (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a bachelor’s degree, a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

                  (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                  (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

Ê An applicant for licensure pursuant to this subparagraph who holds a bachelor’s degree must submit proof of participation in a program of student teaching or mentoring or agree to participate in a program of mentoring or courses of pedagogy for the first 2 years of his employment as a teacher with a school district or charter school.

            (8) Requiring an applicant for a special qualifications license to:

                  (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                  (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the bachelor’s degree, master’s degree or doctoral degree held by the applicant.

            (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the bachelor’s degree, master’s degree or doctoral degree held by that person.

            (10) Providing for the issuance and renewal of a special qualifications license to an applicant who:

                  (I) Holds a bachelor’s degree or a graduate degree from an accredited college or university in the field for which he will be providing instruction;

                  (II) Is not licensed to teach public school in another state;

                  (III) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                  (IV) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of his employment as a teacher with a school district or charter school [.] if he holds a graduate degree or, if he holds a bachelor’s degree, submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his employment as a teacher with a school district or charter school.

 


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ê2009 Statutes of Nevada, Page 474 (Chapter 130, AB 428)ê

 

submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring or courses of pedagogy for the first 2 years of his employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this subparagraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

      (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      2.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      3.  A person who is licensed pursuant to subparagraph (7) or (10) of paragraph (a) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if he is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

      Sec. 3.  1.  This section and section 1 of this act become effective on July 1, 2009.

      2.  Section 1 of this act expires by limitation on June 30, 2011.

      3.  Section 2 of this act becomes effective on July 1, 2011.

________

 


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ê2009 Statutes of Nevada, Page 475ê

 

CHAPTER 131, AB 429

Assembly Bill No. 429–Assemblymen Smith, Anderson, Hardy; Buckley, Gansert, Leslie and Parnell

 

Joint Sponsor: Senator Mathews

 

CHAPTER 131

 

AN ACT relating to education; revising the provisions governing the required minimum expenditures for textbooks, instructional supplies and instructional hardware; revising provisions governing certain reporting required of university schools for profoundly gifted pupils; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires each school district to expend a certain minimum amount of money each fiscal year for textbooks, instructional supplies and instructional hardware, as determined by a formula developed by the Department of Education, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau. (NRS 387.206) These requirements were enacted by the 20th Special Session of the Legislature in 2003. (Chapter 5, Statutes of Nevada 2003, 20th Special Session, p. 202) That bill also provided that of the amounts included in the basic support amounts established for the 2003-2005 biennium, $64,425,447 must be expended for textbooks, instructional supplies and instructional hardware for Fiscal Year 2003-2004, and $66,721,434 must be expended for Fiscal Year 2004-2005. (Chapter 5, Statutes of Nevada 2003, 20th Special Session, p. 252) Section 1 of this bill adds instructional software to these minimum expenditure requirements. Section 1 also requires the Department of Education, in consultation with the Budget Division and the Fiscal Analysis Division, to determine the combined minimum amount of money required to be expended for each fiscal year for textbooks, instructional supplies, instructional software and instructional hardware. That amount must be determined by increasing the amount that was established by the 20th Special Session of the Legislature for Fiscal Year 2004-2005 by the percentage of the change in pupil enrollment, plus any inflationary adjustment approved by the Legislature after 2004-2005. Section 1 further provides that charter schools and university schools for profoundly gifted pupils are subject to these minimum expenditure requirements.

      Existing law creates university schools for profoundly gifted pupils. (Chapter 392A of NRS) Section 2 of this bill amends the reporting requirements of a university school for profoundly gifted pupils to require reporting on the expenditures of the school for the preceding fiscal year and the proposed expenditures for the current fiscal year. (NRS 392A.073) This information may then be used by the Department to determine whether the university school for profoundly gifted pupils has met the minimum expenditure requirements for textbooks, instructional supplies, instructional software and instructional hardware.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 387.206 is hereby amended to read as follows:

      387.206  1.  On or before July 1 of each year, the Department, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall determine the combined minimum amount of money required to be expended during that fiscal year for textbooks, instructional supplies, instructional software and instructional hardware by all school districts, charter schools and university schools for profoundly gifted pupils.

 


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ê2009 Statutes of Nevada, Page 476 (Chapter 131, AB 429)ê

 

expended during that fiscal year for textbooks, instructional supplies, instructional software and instructional hardware by all school districts, charter schools and university schools for profoundly gifted pupils. The amount must be determined by increasing the amount that was established for the Fiscal Year 2004-2005 by the percentage of the change in enrollment between Fiscal Year 2004-2005 and the fiscal year for which the amount is being established, plus any inflationary adjustment approved by the Legislature after Fiscal Year 2004-2005.

      2.  The Department, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall develop or revise, as applicable, a formula for determining the minimum amount of money that each school district , charter school and university school for profoundly gifted pupils is required to expend each fiscal year for textbooks, instructional supplies , instructional software and instructional hardware. The sum of all of the minimum amounts determined pursuant to this subsection must be equal to the combined minimum amount determined pursuant to subsection 1. The formula must be used only to develop expenditure requirements and must not be used to alter the distribution of money for basic support to school districts [.] , charter schools or university schools for profoundly gifted pupils.

      [2.] 3.  Upon approval of the formula pursuant to subsection [1,] 2, the Department shall provide written notice to each school district , charter school and university school for profoundly gifted pupils within the first 30 days of each fiscal year that sets forth the required minimum combined amount of money that the school district , charter school and university school for profoundly gifted pupils must expend for textbooks, instructional supplies , instructional software and instructional hardware for that fiscal year.

      [3.] 4.  On or before January 1 of each year, the Department shall determine whether each school district , charter school and university school for profoundly gifted pupils has expended, during the immediately preceding fiscal year, the required minimum amount of money set forth in the notice provided pursuant to subsection [2.] 3. In making this determination, the Department shall use the report submitted by [the] :

      (a) The school district pursuant to NRS 387.303.

      [4.] (b) The charter school pursuant to NRS 386.600.

      (c) The university school for profoundly gifted pupils pursuant to NRS 392A.073.

      5.  Except as otherwise provided in subsection [5,] 6, if the Department determines that a school district , charter school or university school for profoundly gifted pupils, as applicable, has not expended the required minimum amount of money set forth in the notice provided pursuant to subsection [2,] 3, a reduction must be made from the basic support allocation otherwise payable to that school district , charter school or university school for profoundly gifted pupils, as applicable, in an amount that is equal to the difference between the actual combined expenditure for textbooks, instructional supplies , instructional software and instructional hardware and the minimum required combined expenditure set forth in the notice provided pursuant to subsection [2.] 3. A reduction in the amount of the basic support allocation pursuant to this subsection:

 


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ê2009 Statutes of Nevada, Page 477 (Chapter 131, AB 429)ê

 

      (a) Does not reduce the amount that the school district , charter school or university school for profoundly gifted pupils, as applicable, is required to expend on textbooks, instructional supplies , instructional software and instructional hardware in the current fiscal year; and

      (b) Must not exceed the amount of basic support that was provided to the school district , charter school or university school for profoundly gifted pupils, as applicable, for the fiscal year in which the minimum expenditure amount was not satisfied.

      [5.] 6.  If the actual enrollment of pupils in a school district , charter school or university school for profoundly gifted pupils is less than the enrollment included in the projections used in the [school district’s] biennial budget of the school district submitted pursuant to NRS 387.303, the budget of the charter school submitted pursuant to NRS 386.600 or the report of the university school for profoundly gifted pupils submitted pursuant to NRS 392A.073, as applicable, the required expenditure for textbooks, instructional supplies , instructional software and instructional hardware pursuant to this section must be reduced proportionately.

      Sec. 2.  NRS 392A.073 is hereby amended to read as follows:

      392A.073  1.  The governing body of a university school for profoundly gifted pupils shall submit to the Department in a format prescribed by the Department such information as requested by the Superintendent of Public Instruction for purposes of accountability reporting for the university school.

      2.  The governing body of a university school for profoundly gifted pupils shall, on or before November 15 of each year, submit to the Department in a format prescribed by the Department the following information:

      (a) The actual expenditures of the university school for profoundly gifted pupils in the fiscal year immediately preceding the report; and

      (b) The proposed expenditures of the university school for profoundly gifted pupils for the current fiscal year.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 478ê

 

CHAPTER 132, AB 432

Assembly Bill No. 432–Assemblymen Smith and Oceguera

 

CHAPTER 132

 

AN ACT relating to intoxicating liquors; revising provisions relating to alcoholic beverage awareness programs; providing for enforcement of certain provisions by peace officers; revising the distribution of civil fines paid for certain violations; requiring certain reports to be made to the Legislature; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, certain employees of certain establishments that sell alcohol must have successfully completed an alcoholic beverage awareness program. The owner of an establishment that is not in compliance must pay an administrative fine, to be imposed by the Department of Taxation. Money from the administrative fines must be divided equally into the Fund for the Compensation of Victims of Crime and the Alcoholic Beverage Awareness Program Account in the State General Fund. (NRS 369.630) Section 1 of this bill provides that peace officers may enforce the requirements of the provision relating to employees having successfully completed the program by issuing a notice of a civil infraction for violations. Section 1 also revises the provision for distribution of the money received by the Department for fines from establishments found in violation, providing that instead of depositing 50 percent of the money in the Fund for the Compensation of Victims of Crime and 50 percent of the money in the Alcoholic Beverage Awareness Program Account, 50 percent of the money must be deposited in the Account for Aid for Victims of Domestic Violence and 50 percent of the money must be deposited in the account created in the State General Fund for the support of community juvenile justice programs and must be used only to enforce laws that prohibit the purchase, consumption or possession of alcoholic beverages by persons under the age of 21 years.

      Section 2 of this bill requires each recipient of money from the collection of fines for civil infractions to submit a report to the Legislature concerning the amount of money received and how the money was used. In addition, certain law enforcement agencies and the Department of Taxation are required to submit a report to the Legislature concerning the enforcement of the provisions requiring employees to participate in an alcoholic beverage awareness program.

      Section 4 of this bill requires the Legislative Auditor to conduct an audit of any fines imposed pursuant to NRS 369.630 after July 1, 2007.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 369.630 is hereby amended to read as follows:

      369.630  1.  Except as otherwise provided in subsection [5,] 7, on and after July 1, 2007, a person who owns or operates an establishment shall not:

      (a) Hire a person to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment unless:

            (1) The person hired to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment has already successfully completed a certified program and already holds a valid alcohol education card; or

 


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ê2009 Statutes of Nevada, Page 479 (Chapter 132, AB 432)ê

 

            (2) The person who owns or operates the establishment ensures that the person hired to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment, within 30 days after the date on which he is hired, successfully completes a certified program and obtains a valid alcohol education card; or

      (b) Continue to employ a person who was hired before that date to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment unless:

            (1) The person who continues to be employed to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment has already successfully completed a certified program and already holds a valid alcohol education card; or

            (2) The person who owns or operates the establishment ensures that the person who continues to be employed to sell or serve alcoholic beverages or perform the duties of a security guard at the establishment, not later than July 31, 2007, successfully completes a certified program and obtains a valid alcohol education card.

      2.  [The Department shall impose upon an owner or operator of an establishment who violates any of the provisions of this section an administrative fine of not more than:] A violation of this section is a civil infraction, and when an owner or operator of an establishment is found in violation pursuant to subsection 3, a notice of infraction must be issued on a form prescribed by the Department, and must contain, without limitation, the following information:

      (a) The location at which the violation occurred;

      (b) The date and time of the violation;

      (c) The name of the establishment and the owner;

      (d) The signature of the person who issued the notice of infraction;

      (e) A copy of this section which allegedly is being violated;

      (f) Information which advises of the manner in which, and the time within which, the notice of infraction must be answered; and

      (g) Any other reasonable information which is prescribed by the Department.

      3.  The notice of infraction may be issued by any peace officer or by any person who is authorized by the Department to issue such a notice. A duplicate of the notice of infraction must be served on the person to whom it is issued either in person, by providing the notice to the person in charge of the establishment at the time the notice of infraction is issued, or by affixing the notice to the establishment in a conspicuous place.

      4.  The notice of infraction or a facsimile thereof must be filed with the Department and retained by the Department and is deemed to be a public record of matters which are observed pursuant to a duty imposed by law and is prima facie evidence of the facts which are alleged therein.

      5.  A person who responds to the notice of infraction must:

      (a) Admit the commission of the infraction by paying to the Department the appropriate civil fine:

            (1) For the first violation within a 24-month period, $500.

      [(b)] (2) For the second violation within a 24-month period, $1,000.

      [(c)] (3) For the third and any subsequent violation within a 24-month period, $5,000.

      [3.] (b) Deny liability for the infraction by notifying the Department and requesting a hearing in the manner indicated on the notice of infraction.

 


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ê2009 Statutes of Nevada, Page 480 (Chapter 132, AB 432)ê

 

infraction. Upon receipt of such a request, the Department shall afford to the person making the request an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      6.  Of the money collected by the Department from [fines] a civil fine pursuant to subsection [2:] 5:

      (a) Fifty percent must be deposited with the State Treasurer for credit to the [Fund] Account for [the Compensation of] Aid for Victims of [Crime] Domestic Violence created by NRS [217.260.] 217.440.

      (b) Fifty percent must be deposited in the [Alcoholic Beverage Awareness Program Account, which is hereby created in the State General Fund. The Account must be administered by the Commission. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. The money in the Account must be used solely to reduce the costs for employees to complete programs certified by the Commission pursuant to subsection 3 of NRS 369.625.

      4.  Any law enforcement agency whose officer discovers a violation of this section shall report the violation to the Department.

      5.] account created in the State General Fund for the support of community juvenile justice programs and must be used only to enforce laws that prohibit the purchase, consumption or possession of alcoholic beverages by persons under the age of 21 years.

      7.  The provisions of this section apply only in a jurisdiction that:

      (a) Is located in a county whose population is 100,000 or more; or

      (b) Is located in a county whose population is less than 100,000, if the governing body of the jurisdiction has, by the affirmative vote of a majority of its members, agreed to be bound by the provisions of this section.

      [6.] 8.  As used in this section:

      (a) “Certified program” means an alcoholic beverage awareness program certified by the Commission pursuant to NRS 369.625.

      (b) “Valid alcohol education card” means a card issued by a certified program which has been obtained or renewed within the immediately preceding 4 years.

      Sec. 2.  1.  Each recipient of money pursuant to subsection 6 of section 1 of this act shall submit a report to the Director of the Legislative Counsel Bureau on or before February 1, 2011, for distribution to the Legislature setting forth the amount of money received during the biennium, the manner in which the money was used and the amount of money that remains in the account of the recipient.

      2.  Each law enforcement agency in a county subject to the provisions of NRS 369.630 and the Department of Taxation shall prepare and submit a report to the Director of the Legislative Counsel Bureau on or before February 1, 2011, for distribution to the Legislature which sets forth the actions taken by the agency or the Department, as applicable, to enforce the provisions of NRS 369.600 to 369.635, inclusive, and the number of violations of those provisions that were discovered by them. The Department shall also include in the report the amount of money collected from fines imposed for such violations.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  1.  The Legislative Auditor shall conduct an audit concerning any fines imposed by the Department of Taxation pursuant to NRS 369.630 after July 1, 2007.

 


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ê2009 Statutes of Nevada, Page 481 (Chapter 132, AB 432)ê

 

      2.  The audit must include, without limitation, an analysis of:

      (a) Whether any fines were imposed pursuant to NRS 369.630; and

      (b) If any fines were imposed pursuant to NRS 369.630, the disposition of all such fines that were imposed.

      3.  The Legislative Auditor shall present a final written report of the audit to the Audit Subcommittee of the Legislative Commission not later than February 7, 2011. A copy of the final written report must be provided to the Department of Taxation not later than February 7, 2011.

      4.  The provisions of NRS 218.737 to 218.893, inclusive, apply to the audit performed pursuant to this section.

      5.  The Department of Taxation shall use the results of the audit to improve the efficiency and effectiveness of imposing and collecting fines pursuant to NRS 369.630.

________

 

CHAPTER 133, AB 472

Assembly Bill No. 472–Committee on Commerce and Labor

 

CHAPTER 133

 

AN ACT relating to credit cards; providing that, in an action to collect credit card debt, a purchaser of credit card debt must include certain information in the complaint and satisfy certain evidentiary standards; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that an issuer of a credit card may establish liability for credit card debt by producing a written application for the credit card signed by the cardholder or by evidence that the cardholder incurred charges and made payments on the card. (NRS 97A.160) This bill provides that a judgment cannot be entered in favor of a subsequent purchaser of credit card debt who attempts to collect on the debt unless the purchaser establishes liability for the debt in that manner. This bill also requires certain information to be disclosed in any complaint filed by a purchaser of credit card debt in an action to collect credit card debt.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 97A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In an action brought to collect a credit card debt owed to a purchaser of credit card debt:

      (a) The complaint must include, without limitation:

            (1) The name of the issuer;

            (2) The last four digits of the account number originally assigned by the issuer;

            (3) All subsequent account numbers assigned to the credit card debt by all assignees of the credit card debt; and

            (4) The date of the default on the credit card debt.

 


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ê2009 Statutes of Nevada, Page 482 (Chapter 133, AB 472)ê

 

      (b) No judgment in favor of the purchaser of credit card debt, including, without limitation, a default judgment, may be entered unless:

            (1) The complaint includes the information required by paragraph (a) of subsection 1; and

            (2) The purchaser of credit card debt has satisfied the standards of proof set forth in subsections 1 and 2 of NRS 97A.160.

      2.  As used in this section, “purchaser of credit card debt” means a person, other than a financial institution, that purchases any outstanding credit card debt.

      Secs. 2-3.  (Deleted by amendment.)

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

________

 

CHAPTER 134, AB 475

Assembly Bill No. 475–Committee on Judiciary

 

CHAPTER 134

 

AN ACT relating to the revision of statutes; clarifying the effect of changes to the organization and numbering of Nevada Revised Statutes; directing the Legislative Counsel to reorganize the traffic laws and to revise the Nevada Revised Statutes and the Nevada Administrative Code to make the provisions gender neutral; repealing certain obsolete definitions in the traffic laws; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Legislative Counsel to take certain actions to keep Nevada Revised Statutes current, including renumbering sections, rearranging sections and creating new titles, chapters and sections, as well as making various other revisions. (NRS 220.120) Section 1 of this bill clarifies that if the Legislative Counsel renumbers any section of Nevada Revised Statutes, any citation to the previous number in any document, publication, signage or other place shall be deemed to have the same meaning and legal effect as if the citation were to the new number, unless another intent is otherwise specified.

      To facilitate the reorganization of the traffic laws required by section 4 of this bill, section 3 of this bill repeals some obsolete definitions which are no longer used in any section of the Nevada Revised Statutes.

      Section 4 of this bill directs the Legislative Counsel to reorganize chapter 484 of NRS into several chapters by topic to make the provisions of that chapter easier to use and understand and to similarly revise the Nevada Administrative Code. To avoid excessive costs resulting from the reorganization, section 4 further directs that any documents, publications, signage or other places that contain references to the old numbers not be replaced solely to change to the new numbers, but instead be changed when replacement becomes necessary for another purpose.

      Section 5 of this bill directs the Legislative Counsel to revise the Nevada Revised Statutes and the Nevada Administrative Code so that they are gender neutral. Section 2 of this bill removes a provision that specifies that the masculine gender includes the feminine and neuter genders because that will no longer be necessary with the revision that will make the Nevada Revised Statutes gender neutral.

 


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ê2009 Statutes of Nevada, Page 483 (Chapter 134, AB 475)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 220.120 is hereby amended to read as follows:

      220.120  1.  In preparing the annotations and keeping Nevada Revised Statutes current, the Legislative Counsel is authorized:

      (a) To adopt such system of numbering as he deems practical.

      (b) To cause the revision to be published in a number of volumes deemed convenient.

      (c) To cause the volumes to be bound in loose-leaf binders of good, and so far as possible, permanent quality.

      2.  The pages of Nevada Revised Statutes must conform in size and printing style to the pages of the Statutes of Nevada, and roman style type must be used.

      3.  The Legislative Counsel shall classify and arrange the entire body of statute laws in logical order throughout the volumes, the arrangement to be such as will enable subjects of a kindred nature to be placed under one general head, with necessary cross references.

      4.  Notes of decisions of the Supreme Court, historical references and other material must be printed and arranged in such manner as the Legislative Counsel finds will promote the usefulness thereof.

      5.  The Legislative Counsel in keeping Nevada Revised Statutes current shall not alter the sense, meaning or effect of any legislative act, but may renumber sections and parts of sections thereof, change the wording of headnotes, rearrange sections, change reference numbers or words to agree with renumbered chapters or sections, substitute the word “chapter” for “article” and the like, substitute figures for written words and vice versa, change capitalization for the purpose of uniformity, correct inaccurate references to the titles of officers, the names of departments or other agencies of the State, local governments, or the Federal Government, and such other name changes as are necessary to be consistent with the laws of this state and correct manifest clerical or typographical errors.

      6.  The Legislative Counsel may create new titles, chapters and sections of Nevada Revised Statutes, or otherwise revise the title, chapter and sectional organization of Nevada Revised Statutes, all as may be required from time to time, to effectuate the orderly and logical arrangement of the statutes. Any new titles, chapters, sections and organizational revisions have the same force and effect as the 58 titles originally enacted and designated as the Nevada Revised Statutes pursuant to chapter 2, Statutes of Nevada 1957.

      7.  If the Legislative Counsel renumbers any section of Nevada Revised Statutes because the section has been moved, divided or combined with another section during the reorganization of the statutes or for any other reason, the citation to the previously assigned number in any legal document, publication, signage or in any other place shall be deemed to have the same meaning and legal effect as if the citation were to the new number, regardless of how long it has been since the new number was assigned and regardless of any revisions made to the section after the assignment of the new number, unless another intent is otherwise specified.

      8.  The Legislative Counsel shall assign NRS numbers to such new permanent and general laws enacted at any legislative session.

 


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

ê2009 Statutes of Nevada, Page 484 (Chapter 134, AB 475)ê

 

      [8.] 9.  The Legislative Counsel shall resolve all nonsubstantive conflicts between multiple laws enacted at any legislative session as if made by a single enactment. If multiple amendments to a single section of NRS are made during a legislative session, such amendments are all effective and must be compiled in a manner that is consistent with the intent of the Legislature as determined by the Legislative Counsel.

      [9.] 10.  The Legislative Counsel shall substitute the name of any agency, officer or instrumentality of the State or of a political subdivision whose name is changed by law or to which powers, duties and responsibilities have been transferred by law, for the name which the agency, officer or instrumentality previously used or which was previously vested with the same powers and charged with the same duties and responsibilities.

      Sec. 2.  NRS 0.030 is hereby amended to read as follows:

      0.030  1.  Except as otherwise expressly provided in a particular statute or required by the context:

      [1.  The masculine gender includes the feminine and neuter genders.

      2.] (a) The singular number includes the plural number, and the plural includes the singular.

      [3.] (b) The present tense includes the future tense.

[Ê]

      2.  The use of a masculine noun or pronoun in conferring a benefit or imposing a duty does not exclude a female person from that benefit or duty. The use of a feminine noun or pronoun in conferring a benefit or imposing a duty does not exclude a male person from that benefit or duty.

      Sec. 3.  NRS 484.031 and 484.045 are hereby repealed.

      Sec. 4.  1.  When the next reprint of Nevada Revised Statutes is prepared by the Legislative Counsel, the Legislative Counsel shall cause the provisions of chapter 484 of NRS to be reorganized into several chapters organized by topic so that they are easier to use and understand.

      2.  To avoid any excessive cost, references to the previously assigned numbers of sections of chapter 484 of NRS in any legal document, publication, signage or in any other place must not be replaced to revise those references unless and until they would otherwise be replaced for some other reason.

      3.  In preparing supplements to the Nevada Administrative Code, the Legislative Counsel shall appropriately change any citation to any section of chapter 484 of NRS to refer to the new citation for the section and shall reorganize chapter 484 of the Nevada Administrative Code into chapters which correspond to the Nevada Revised Statutes.

      Sec. 5.  1.  In preparing supplements to the Nevada Revised Statutes and the Nevada Administrative Code, the Legislative Counsel shall make such changes as necessary so that the Nevada Revised Statutes and the Nevada Administrative Code are gender neutral. Such changes may include, without limitation, adding references to the feminine or masculine gender and revising other language as necessary to make the Nevada Revised Statutes and Nevada Administrative Code gender neutral.

      2.  To the extent that revisions are made to the Nevada Revised Statutes pursuant to subsection 1, the revisions shall be construed as nonsubstantive and it is not the intent of the Nevada Legislature to modify any existing interpretations of any statute which is so revised.

 


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ê2009 Statutes of Nevada, Page 485 (Chapter 134, AB 475)ê

 

      Sec. 6.  (Deleted by amendment.)

      Sec. 7.  This act becomes effective upon passage and approval.

________

 

CHAPTER 135, AB 481

Assembly Bill No. 481–Committee on Judiciary

 

CHAPTER 135

 

AN ACT relating to crimes; revising provisions relating to certain crimes involving firearms, ammunition or explosives; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law makes it a crime for a person who is a fugitive from justice to own a firearm or to have a firearm in his possession or under his custody or control. (NRS 202.360) In Gallegos v. Nevada, 123 Adv. Op. 31, 163 P.3d 456 (2007), the Nevada Supreme Court held that provision to be unconstitutionally vague in violation of the Due Process Clause of the Fourteenth Amendment of the United States Constitution because it failed to define the term “fugitive from justice.” This bill defines the term “fugitive from justice” for purposes of that crime, as well as for purposes of: (1) NRS 202.357, which prohibits the possession of electronic stun devices by, or the sale or giving of such devices to, a fugitive from justice; (2) NRS 202.362, which prohibits the sale or disposal of firearms or ammunition to a fugitive from justice; and (3) NRS 202.760, which prohibits the shipment or receipt of explosives by a fugitive from justice. The new definition of “fugitive from justice” is based in part on the manner in which the term is defined in federal law and in part on the manner in which the term is defined under existing case law in Nevada. (18 U.S.C. § 921(15); Ex parte Lorraine, 16 Nev. 63, 63 (1881); Castriotta v. State, 111 Nev. 67, 69 n.2, 888 P.2d 927, 929 n.2 (1995))

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

      As used in this chapter, unless the context otherwise requires, the term “fugitive from justice” means a person who has been found in this State after:

      1.  Being charged in another state with the commission of a felony and fleeing from that state to avoid prosecution for the felony; or

      2.  Fleeing from another state to avoid giving testimony in any criminal proceeding.

________

 


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ê2009 Statutes of Nevada, Page 486ê

 

CHAPTER 136, AB 499

Assembly Bill No. 499–Committee on Judiciary

 

CHAPTER 136

 

AN ACT relating to criminal procedure; requiring a prosecutor to provide certain defendants with certain discovery when the defendant is brought before a magistrate after an arrest or at another time not less than 5 days before a preliminary examination; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, a prosecutor is required to provide any defendant with copies of certain discovery, including, without limitation, documents, reports, tests, tangible objects and recorded statements, not less than 2 days before a preliminary examination is held. (NRS 171.1965) This bill requires a prosecutor to provide a defendant charged with a felony or a gross misdemeanor with copies of such discovery at the time when the defendant is brought before a magistrate after an arrest pursuant to NRS 171.178, or as soon as practicable thereafter, but in no event less than 5 days before a preliminary examination.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 171.1965 is hereby amended to read as follows:

      171.1965  1.  [Not] At the time a person is brought before a magistrate pursuant to NRS 171.178, or as soon as practicable thereafter, but not less than [2] 5 judicial days before a preliminary examination, the prosecuting attorney shall provide [the] a defendant charged with a felony or a gross misdemeanor with copies of any:

      (a) Written or recorded statements or confessions made by the defendant, or any written or recorded statements made by a witness or witnesses, or any reports of statements or confessions, or copies thereof, within the possession or custody of the prosecuting attorney;

      (b) Results or reports of physical or mental examinations, scientific tests or scientific experiments made in connection with the particular case, or copies thereof, within the possession or custody of the prosecuting attorney; and

      (c) Books, papers, documents or tangible objects that the prosecuting attorney intends to introduce in evidence during the case in chief of the State, or copies thereof, within the possession or custody of the prosecuting attorney.

      2.  The defendant is not entitled, pursuant to the provisions of this section, to the discovery or inspection of:

      (a) An internal report, document or memorandum that is prepared by or on behalf of the prosecuting attorney in connection with the investigation or prosecution of the case.

      (b) A statement, report, book, paper, document, tangible object or any other type of item or information that is privileged or protected from disclosure or inspection pursuant to the Constitution or laws of this State or the Constitution of the United States.

 


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ê2009 Statutes of Nevada, Page 487 (Chapter 136, AB 499)ê

 

      3.  The provisions of this section are not intended to affect any obligation placed upon the prosecuting attorney by the Constitution of this State or the Constitution of the United States to disclose exculpatory evidence to the defendant.

      4.  The magistrate shall not postpone a preliminary examination at the request of a party based solely on the failure of the prosecuting attorney to permit the defendant to inspect, copy or photograph material as required in this section, unless the court finds that the defendant has been prejudiced by such failure.

________

 

CHAPTER 137, AB 512

Assembly Bill No. 512–Committee on Commerce and Labor

 

CHAPTER 137

 

AN ACT relating to real property; providing that a tenant may give a landlord a surety bond, or a combination of a surety bond and other security, instead of a security deposit under certain circumstances; providing that upon termination of a landlord’s interest in the property, the successor in interest must accept the tenant’s security or surety bond; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires a landlord and a tenant to perform certain obligations with respect to a lease of real property. As part of a lease, a landlord may demand a tenant provide security for the tenant’s obligations, such as: (1) payment of rent; (2) repairing damage to the premises; and (3) cleaning the dwelling. (NRS 118A.240-118A.250)

      Section 2 of this bill provides that, instead of requiring a security deposit, a landlord may allow a tenant to provide the landlord with a surety bond, or a combination of a surety bond and other security, to cover the amount of security demanded by the landlord. This section also: (1) provides that a landlord is not required to accept a surety bond; and (2) provides that a landlord may not require a tenant to provide a surety bond in place of security. Section 2 also provides that a tenant may dispute items contained in a landlord’s claim against a surety and prohibits a surety, under certain circumstances, from reporting a landlord’s claim to a credit reporting agency unless the surety obtains a judgment against the tenant. (NRS 118A.242)

      Section 3 of this bill requires, at the termination of the landlord’s interest in the dwelling unit under certain circumstances, that the successor in interest accept the tenant’s security or surety bond, or a combination thereof, and prohibits the successor in interest from demanding additional security or surety during the term of the rental agreement. (NRS 118A.244)

      Section 1 of this bill amends the existing definition of security to provide that a payment made to a licensed surety to secure a surety bond is not security for the purposes of determining security given to a landlord. (NRS 188A.240)

 


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ê2009 Statutes of Nevada, Page 488 (Chapter 137, AB 512)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 118A.240 is hereby amended to read as follows:

      118A.240  1.  Any payment, deposit, fee or charge that is to be used for any of the following purposes is “security” and is governed by the provisions of this section and NRS 118A.242 and 118A.244:

      (a) Remedying any default of the tenant in the payments of rent.

      (b) Repairing damages to the premises other than normal wear caused by the tenant.

      (c) Cleaning the dwelling unit.

      2.  “Security” does not include [any] :

      (a) Any payment, deposit or fee to secure an option to purchase the premises [.] ; or

      (b) Any payment to a corporation qualified under the laws of this State as a surety, guarantor or obligator for a premium paid to secure a surety bond or a similar bond, guarantee or insurance coverage for purposes of securing a tenant’s obligations to a landlord as described in NRS 118A.242.

      Sec. 2.  NRS 118A.242 is hereby amended to read as follows:

      118A.242  1.  The landlord may not demand or receive security [,] or a surety bond, or a combination thereof, including the last month’s rent, whose total amount or value exceeds 3 months’ periodic rent.

      2.  In lieu of paying all or part of the security required by the landlord, a tenant may, if the landlord consents, purchase a surety bond to secure the tenant’s obligation to the landlord under the rental agreement to:

      (a) Remedy any default of the tenant in the payment of rent.

      (b) Repair damages to the premises other than normal wear and tear.

      (c) Clean the dwelling unit.

      3.  The landlord:

      (a) Is not required to accept a surety bond purchased by the tenant in lieu of paying all or part of the security; and

      (b) May not require a tenant to purchase a security bond in lieu of paying all or part of the security.

      4.  Upon termination of the tenancy by either party for any reason, the landlord may claim of the security or surety bond, or a combination thereof, only such amounts as are reasonably necessary to remedy any default of the tenant in the payment of rent, to repair damages to the premises caused by the tenant other than normal wear and to pay the reasonable costs of cleaning the premises. The landlord shall provide the tenant with an itemized written accounting of the disposition of the security or surety bond, or a combination thereof, and return any remaining portion of the security to the tenant no later than 30 days after the termination of the tenancy by handing it to him personally at the place where the rent is paid, or by mailing it to him at his present address [,] or , if that address is unknown, at the tenant’s last known address.

      5.  If a tenant disputes an item contained in an itemized written accounting received from a landlord pursuant to subsection 4, the tenant may send a written response disputing the item to the surety. If the tenant sends the written response within 30 days after receiving the itemized written accounting, the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant.

 


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ê2009 Statutes of Nevada, Page 489 (Chapter 137, AB 512)ê

 

      [3.] 6.  If the landlord fails or refuses to return the remainder of a security deposit within 30 days after the end of a tenancy, he is liable to the tenant for damages:

      (a) In an amount equal to the entire deposit; and

      (b) For a sum to be fixed by the court of not more than the amount of the entire deposit.

      [4.] 7.  In determining the sum, if any, to be awarded under paragraph (b) of subsection [3,] 6, the court shall consider:

      (a) Whether the landlord acted in good faith;

      (b) The course of conduct between the landlord and the tenant; and

      (c) The degree of harm to the tenant caused by the landlord’s conduct.

      [5.] 8.  Except for an agreement which provides for a nonrefundable charge for cleaning, in a reasonable amount, no rental agreement may contain any provision characterizing any security under this section as nonrefundable or any provision waiving or modifying a tenant’s rights under this section. Any such provision is void as contrary to public policy.

      [6.] 9.  The claim of a tenant to security to which he is entitled under this chapter takes precedence over the claim of any creditor of the landlord.

      Sec. 3.  NRS 118A.244 is hereby amended to read as follows:

      118A.244  1.  Upon termination of the landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the landlord or his agent shall, within a reasonable time, do one of the following, which relieves him of further liability with respect to the security [:] or surety bond, or a combination thereof:

      (a) Notify the tenant in writing of the name, address and telephone number of his successor in interest, and that he has transferred to his successor in interest the portion of the security or surety bond, or combination thereof, remaining after making any deductions allowed under NRS 118A.242.

      (b) Return to the tenant the portion of the security remaining after making any deductions allowed under NRS 118A.242.

Ê The successor has the rights, obligations and liabilities of the former landlord as to any securities which are owed under this section or NRS 118A.242 at the time of transfer.

      2.  The landlord shall, before he records a deed transferring any dwelling unit:

      (a) Transfer to his successor, in writing, the portion of any tenant’s security deposit or other money held by him which remains after making any deductions allowed under NRS 118A.242; or

      (b) Notify his successor in writing that he has returned all such deposits or portions thereof to the tenant.

      3.  Upon the termination of a landlord’s interest in the dwelling unit, whether by sale, assignment, death, appointment of receiver or otherwise, the successor in interest:

      (a) Shall accept the tenant’s security or surety bond, or a combination thereof; and

      (b) Shall not require any additional security or surety bond, or a combination thereof, from the tenant during the term of the rental agreement.

 


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

ê2009 Statutes of Nevada, Page 490 (Chapter 137, AB 512)ê

 

      Sec. 4.  NRS 118A.250 is hereby amended to read as follows:

      118A.250  The landlord shall deliver to the tenant upon his request a signed written receipt for the security or surety bond, or a combination thereof, and any other payments, deposits or fees, including rent, paid by the tenant and received by the landlord. The tenant may refuse to make rent payments until the landlord tenders the requested receipt.

________

 

CHAPTER 138, AB 516

Assembly Bill No. 516–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 138

 

AN ACT relating to wildlife; requiring any matching money received by the Department of Wildlife from any source to be used only for the management of wildlife; providing that certain fees from the sale of licenses, tags or permits must be used under the guidance of the Board of Wildlife Commissioners; and providing other matters properly relating thereto.

 

[Approved: May 19, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Board of Wildlife Commissioners to guide the Department of Wildlife in carrying out various provisions of law governing wildlife and boating. (NRS 501.181) Existing law also requires that, with certain exceptions, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Account be used only for the management of wildlife. (NRS 501.356) This bill expands that use requirement to include any matching money received by the Department from any source. This bill also provides that certain fees must be used under the guidance of the Commission.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 501.356 is hereby amended to read as follows:

      501.356  1.  Money received by the Department from:

      (a) The sale of licenses;

      (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

      (c) Remittances from the State Treasurer pursuant to the provisions of NRS 365.535;

      (d) Appropriations made by the Legislature; and

      (e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in the Trout Management Account pursuant to NRS 502.327,

Ê must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

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

 


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

ê2009 Statutes of Nevada, Page 491 (Chapter 138, AB 516)ê

 

      3.  Except as otherwise provided in subsection 4, the Department may use money in the Wildlife Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

      4.  Except as otherwise provided in NRS 502.250 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Account pursuant to the provisions of this title and any matching money received by the Department from any source must be accounted for separately and [may] must be used [only] :

      (a) Only for the management of wildlife [.] ; and

      (b) If the fee is for the sale or issuance of a license, permit or tag other than a tag specified in subsection 5 or 6 of NRS 502.250, under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 139, SB 139

Senate Bill No. 139–Senators Nolan, Coffin; Amodei, Breeden, Care, Carlton, Cegavske, Copening, Hardy, Horsford, Lee, Mathews, McGinness, Parks, Raggio, Rhoads, Schneider, Townsend, Washington, Wiener and Woodhouse

 

CHAPTER 139

 

AN ACT relating to motor vehicles; providing for the issuance of special license plates for family members of persons killed in the line of duty while on active duty in the Armed Forces of the United States; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      This bill entitles qualified persons to be issued license plates specially designed by the Department with a gold star to indicate that the recipient is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States. This bill excepts these special license plates from: (1) the provisions that require a minimum number of applications for the plates; (2) the requirement that the Commission approve or disapprove the plates; and (3) the limit on the number of separate designs of special license plates that may be issued by the Department at any one time. (NRS 482.3765, 482.377, 482.3775, 482.378)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States is entitled to specially designed license plates which indicate that the person is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States.

      2.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant.

 


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ê2009 Statutes of Nevada, Page 492 (Chapter 139, SB 139)ê

 

applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      3.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence satisfactory to the Department that he is a family member of a person killed in the line of duty while on active duty in the Armed Forces of the United States. The Department may designate any appropriate colors for the special plates, but must ensure that the design of the plates includes a gold star.

      4.  If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      5.  Except as otherwise provided in this subsection, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $5.

      6.  As used in this section:

      (a) “Family member” means a widow, widower, parent, stepparent, grandparent, child, stepchild, dependent, sibling, half sibling or stepsibling.

      (b) “Killed in the line of duty while on active duty in the Armed Forces of the United States” includes persons killed directly in the line of duty and persons who die as a result of injuries sustained in the line of duty.

      Sec. 2.  NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications he receives to the Department within the period prescribed by the Department;

      (b) Transmit the fees he collects from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

 


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ê2009 Statutes of Nevada, Page 493 (Chapter 139, SB 139)ê

 

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

            (1) Obtain special license plates pursuant to NRS 482.3667 to [482.3825, inclusive;] 482.3823, inclusive, and section 1 of this act; or

            (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 3.  NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates consisting of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

            (1) One of whom is the Legislator who served as the Chairman of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

            (2) One of whom is the Legislator who served as the Chairman of the Senate Standing Committee on Transportation and Homeland Security during the most recent legislative session. That Legislator may designate an alternate to serve in his place in his absence. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation and Homeland Security during the most recent legislative session.

      (b) Three nonvoting members consisting of:

            (1) The Director of the Department of Motor Vehicles, or his designee.

            (2) The Director of the Department of Public Safety, or his designee.

            (3) The Director of the Department of Cultural Affairs, or his designee.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

 


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ê2009 Statutes of Nevada, Page 494 (Chapter 139, SB 139)ê

 

      5.  The Commission shall approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

      (c) [Applications] Except as otherwise provided in subsection 6, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to approve such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. The Commission shall consider each application in the chronological order in which the application was received by the Department.

      6.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to section 1 of this act.

      7.  The Commission shall:

      (a) Approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

      (b) If it approves a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

      Sec. 4.  NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945; and

      (c) [A] Except for a license plate that is issued pursuant to section 1 of this act, a license plate that:

            (1) Is approved by the Legislature after July 1, 2005; and

            (2) Differs substantially in design from the license plates that are described in subsection 1 of NRS 482.270.

      2.  Notwithstanding any other provision of law to the contrary, the Department shall not, at any one time, issue more than 25 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 25, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Commission on Special License Plates pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 25 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval.

 


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ê2009 Statutes of Nevada, Page 495 (Chapter 139, SB 139)ê

 

designs must be issued by the Department in accordance with the chronological order of their authorization or approval.

      3.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      4.  Except as otherwise provided in subsection 6, if, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or

      (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

Ê the Director shall provide notice of that fact in the manner described in subsection 5.

      5.  The notice required pursuant to subsection 4 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      6.  If, on December 31 of the same year in which notice was provided pursuant to subsections 4 and 5, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002, less than 1,000; or

      (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 5.  NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  Except as otherwise provided in subsection 2:

      (a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

 


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ê2009 Statutes of Nevada, Page 496 (Chapter 139, SB 139)ê

 

      [2.] (b) In addition to the requirements set forth in [subsection 1,] paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

      [3.] (c) In addition to the requirements set forth in [subsections 1 and 2,] paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates approves the application for the authorized plate pursuant to NRS 482.367004.

      2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to section 1 of this act.

      Sec. 6.  NRS 482.3824 is hereby amended to read as follows:

      482.3824  1.  Except as otherwise provided in NRS 482.38279, with respect to any special license plate that is issued pursuant to NRS 482.3667 to [482.3825,] 482.3823, inclusive, and section 1 of this act and for which an additional fee is imposed for the issuance of the special license plate to generate financial support for a charitable organization:

      (a) The Director shall, at the request of the charitable organization that is benefited by the particular special license plate:

            (1) Order the design and preparation of souvenir license plates, the design of which must be substantially similar to the particular special license plate; and

            (2) Issue such souvenir license plates, for a fee established pursuant to NRS 482.3825, only to the charitable organization that is benefited by the particular special license plate. The charitable organization may resell such souvenir license plates at a price determined by the charitable organization.

      (b) The Department may, except as otherwise provided in this paragraph and after the particular special license plate is approved for issuance, issue the special license plate for a trailer or other type of vehicle that is not a passenger car or light commercial vehicle, excluding motorcycles and vehicles required to be registered with the Department pursuant to NRS 706.801 to 706.861, inclusive, upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. The Department may not issue a special license plate for such other types of vehicles if the Department determines that the design or manufacture of the plate for those other types of vehicles would not be feasible. In addition, if the Department incurs additional costs to manufacture a special license plate for such other types of vehicles, including, without limitation, costs associated with the purchase, manufacture or modification of dies or other equipment necessary to manufacture the special license plate for such other types of vehicles, those additional costs must be paid from private sources without any expense to the State of Nevada.

      2.  As used in this section, “charitable organization” means a particular cause, charity or other entity that receives money from the imposition of an additional fee in connection with the issuance of a special license plate pursuant to NRS 482.3667 to [482.3825, inclusive.] 482.3823, inclusive, and section 1 of this act. The term includes the successor, if any, of a charitable organization.

________

 


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ê2009 Statutes of Nevada, Page 497ê

 

CHAPTER 140, SB 147

Senate Bill No. 147–Senators Wiener, Care, McGinness, Copening and Schneider

 

CHAPTER 140

 

AN ACT relating to emergencies; requiring broadcasters in this State to develop plans for preparing for and responding to emergencies and disasters; authorizing the establishment of programs for the training and certification of first response broadcasters in restoring, repairing and resupplying facilities and equipment during an emergency or disaster; providing that broadcasters and first response broadcasters must be given certain priority for equipment and supplies during an emergency or disaster; providing that certain equipment and supplies of a broadcaster or first response broadcaster must not be confiscated during an emergency or disaster; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Chapter 414 of NRS authorizes the Governor to prepare a comprehensive state emergency management plan and authorizes political subdivisions of this State to establish local organizations for emergency management in accordance with the state emergency management plan. (NRS 414.060, 414.090) Section 4 of this bill requires broadcasters in this State to work in cooperation with the Division of Emergency Management of the Department of Public Safety and the Nevada Broadcasters Association to develop comprehensive, coordinated plans for preparing for and responding appropriately to an emergency or disaster.

      Section 5 of this bill authorizes the Nevada Broadcasters Association or its successor organization, the Nevada State Cable Telecommunications Association or its successor organization, any member of the Nevada State Cable Telecommunications Association or its successor organization and any other provider of emergency broadcasts, including, without limitation, a provider who uses emerging technologies, to establish a program for training and certifying first response broadcasters who, with certain restrictions, must be given access to an area affected by an emergency or disaster for the purpose of restoring, repairing or resupplying any facility or equipment critical to the ability of a broadcaster to acquire, produce and transmit essential emergency- or disaster-related public information programming. Each program established pursuant to section 5 must be consistent with federal law and guidelines.

      Existing law provides the Governor with broad authority to seize materials and facilities for emergency management without regard to the limitations of any existing law. (NRS 414.070) Sections 7 and 9 of this bill provide that this grant of authority to the Governor and the authority granted to the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow the confiscation of equipment, supplies or facilities of a broadcaster or first response broadcaster if the equipment, supplies or facilities will be used to enable the broadcast of essential emergency- or disaster-related public information programming in an area affected by an emergency or disaster. Section 6 of this bill provides that, to the extent practicable and consistent with not endangering public safety, broadcasters and first response broadcasters must be given priority for the distribution of fuel, food, water and any other equipment, supplies or facilities over all persons other than persons who provide essential emergency services, health care and utility restoration services.

 


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ê2009 Statutes of Nevada, Page 498 (Chapter 140, SB 147)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 414 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  “Broadcaster” has the meaning ascribed to it in NRS 432.310.

      Sec. 3.  “First response broadcaster” means a person who has been certified as a first response broadcaster pursuant to section 5 of this act.

      Sec. 4.  Broadcasters in this State shall, in cooperation with the Division of Emergency Management of the Department of Public Safety and the Nevada Broadcasters Association or its successor organization, develop comprehensive, coordinated plans for preparing for and responding appropriately to an emergency or disaster.

      Sec. 5.  1.  The Nevada Broadcasters Association or its successor organization, the Nevada State Cable Telecommunications Association or its successor organization, any member of the Nevada State Cable Telecommunications Association or its successor organization and any other provider of emergency broadcasts, including, without limitation, a provider who uses emerging technologies, may establish a program for training and certifying broadcast engineers and technical personnel as first response broadcasters. Each program established pursuant to this subsection must:

      (a) Be consistent with federal law and guidelines;

      (b) Provide training and education concerning restoring, repairing and resupplying any facilities and equipment of a broadcaster in an area affected by an emergency or disaster; and

      (c) Provide training and education concerning the personal safety of a first response broadcaster in an area affected by an emergency or disaster.

      2.  To the extent practicable and consistent with not endangering public safety or inhibiting recovery efforts, state and local governmental agencies shall allow a first response broadcaster access to an area affected by an emergency or disaster for the purpose of restoring, repairing or resupplying any facility or equipment critical to the ability of a broadcaster to acquire, produce and transmit essential emergency- or disaster-related public information programming, including, without limitation, repairing and maintaining transmitters and transporting fuel for generators.

      Sec. 6.  To the extent practicable and consistent with not endangering public safety, during an emergency or disaster, a broadcaster or first response broadcaster in an area affected by the emergency or disaster must be given priority for the distribution of fuel, food, water and any other equipment, supplies or facilities over all persons other than persons who provide essential emergency services, health care and utility restoration services.

      Sec. 7.  To the extent practicable and consistent with not endangering public safety, the emergency powers conferred upon the Governor and upon the executive heads or governing bodies of the political subdivisions of this State must not be construed to allow the confiscation of vehicles, fuel, food, water or any other equipment, supplies or facilities from a broadcaster or first response broadcaster if the broadcaster or first response broadcaster adequately documents that the equipment, supplies or facilities will be used to enable the broadcast of essential emergency- or disaster-related public information programming in an area affected by an emergency or disaster.

 


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ê2009 Statutes of Nevada, Page 499 (Chapter 140, SB 147)ê

 

broadcaster or first response broadcaster if the broadcaster or first response broadcaster adequately documents that the equipment, supplies or facilities will be used to enable the broadcast of essential emergency- or disaster-related public information programming in an area affected by an emergency or disaster.

      Sec. 8.  NRS 414.030 is hereby amended to read as follows:

      414.030  As used in this chapter, the words and terms defined in NRS 414.031 to 414.038, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 414.070 is hereby amended to read as follows:

      414.070  The provisions of this section are operative only during the existence of a state of emergency or declaration of disaster. The existence of such an emergency or disaster may be proclaimed by the Governor or by resolution of the Legislature if the Governor in his proclamation, or the Legislature in its resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural, technological or man-made emergency or disaster of major proportions has actually occurred within this State, and that the safety and welfare of the inhabitants of this State require an invocation of the provisions of this section. Any such emergency or disaster, whether proclaimed by the Governor or by the Legislature, terminates upon the proclamation of the termination thereof by the Governor, or the passage by the Legislature of a resolution terminating the emergency or disaster. During the period when a state of emergency or declaration of disaster exists or continues, the Governor may exercise the following additional powers:

      1.  To enforce all laws and regulations relating to emergency management and to assume direct operational control of any or all forces, including, without limitation, volunteers and auxiliary staff for emergency management in the State.

      2.  To sell, lend, lease, give, transfer or deliver materials or perform services for the purpose of emergency management on such terms and conditions as the Governor prescribes and without regard to the limitations of any existing law, and to account to the State Treasurer for any [funds] money received for such property.

      3.  Except as otherwise provided in NRS 414.155 [,] and section 7 of this act, to procure, by purchase, condemnation, seizure or other means, construct, lease, transport, store, maintain, renovate or distribute materials and facilities for emergency management without regard to the limitations of any existing law. The Governor shall make compensation for the property so seized, taken or condemned on the following basis:

      (a) If property is taken for temporary use, the Governor, within 90 days after the taking, shall fix the amount of compensation to be paid therefor. If the property is returned to the owner in a damaged condition, or is not returned to the owner, the Governor shall fix within 90 days the amount of compensation to be paid for the damage or failure to return the property. If the Governor deems it advisable for the State to take title to property taken under this section, he shall forthwith cause the owner of the property to be notified thereof in writing by registered or certified mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of the notice with the Secretary of State.

 


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ê2009 Statutes of Nevada, Page 500 (Chapter 140, SB 147)ê

 

      (b) Within the 90-day period prescribed in paragraph (a), the Governor shall make an offer in writing to the person or persons entitled to receive it of the amount of money proposed to be paid as full compensation. If the offer is accepted, the money must be paid out of such fund, funds or other sources as are available and no further action in law or in equity may ever be maintained in connection therewith. If the offer of payment is refused, the person or persons entitled thereto have the same rights as plaintiffs in actions of eminent domain insofar as the fixing of damages and compensation is concerned, NRS 37.060, 37.070, 37.080 and 37.090, so far as applicable, apply, and proceedings must be had in conformity therewith so far as possible. The action must be commenced within 1 year after the receipt of the offer of settlement from the Governor.

      4.  To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the State and to take such steps as are necessary for the receipt and care of those persons.

      5.  Subject to the provisions of the State Constitution, to remove from office any public officer having administrative responsibilities under this chapter for willful failure to obey an order or regulation adopted pursuant to this chapter. The removal must be upon charges after service upon the officer of a copy of the charges and after giving him an opportunity to be heard in his defense. Pending the preparation and disposition of charges, the Governor may suspend the officer for a period not exceeding 30 days. A vacancy resulting from removal or suspension pursuant to this section must be filled as provided by law.

      6.  To perform and exercise such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population.

      Sec. 10.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 501ê

 

CHAPTER 141, AB 20

Assembly Bill No. 20–Committee on Health and Human Services

 

CHAPTER 141

 

AN ACT relating to care facilities; requiring a licensee or applicant for a license to operate a home for individual residential care to comply with certain provisions concerning the criminal history of the licensee or applicant and any employee or independent contractor of the home; revising provisions concerning crimes which constitute grounds for the revocation, denial or suspension of a license to operate such a home or certain other agencies and facilities or the termination of their employees or independent contractors; requiring such a home to file a surety bond with the Administrator of the Health Division of the Department of Health and Human Services or deposit with a bank or trust company certain obligations as a substitute for the surety bond; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      This bill expands the applicability of certain statutory requirements that currently apply to certain agencies and facilities that are licensed by the Health Division of the Department of Health and Human Services.

      Section 1 of this bill requires a home for individual residential care that submits a reapplication for licensure to the Health Division to include a statement that the home is in compliance with certain provisions concerning investigations of the criminal history of its employees and independent contractors. (NRS 449.060)

      Section 2 of this bill requires such a home to file a surety bond with the Health Division. The required amount of the bond ranges from $5,000 to $50,000, depending on the number of persons who are employed by the home. The Administrator of the Health Division may exempt a home from this requirement based on undue hardship. (NRS 449.065) In lieu of a surety bond, section 3 of this bill authorizes a home, with the approval of the Administrator, to deposit certain obligations with a bank or trust company. (NRS 449.067) Section 9 of this bill authorizes payment from the surety bond or the substitute for the surety bond if a patient who is 60 years of age or older (NRS 449.063) sustains damage to his property as a result of any act or failure to act by the home. (NRS 427A.175)

      Section 4 of this bill requires an applicant for a license to operate an agency to provide personal care services in the home or a home for individual residential care to submit to the Central Repository for Nevada Records of Criminal History two complete sets of the fingerprints of the applicant. (NRS 449.176) Section 5 of this bill imposes a similar requirement on a home for individual residential care with respect to any person it hires or independent contractor with whom it contracts. (NRS 449.179)

      Existing law sets forth certain crimes that are grounds for the denial, suspension or revocation of a license to operate certain facilities that are licensed by the Health Division. Section 8 of this bill expands the list of crimes to include certain sexually related crimes, crimes involving domestic violence and other crimes involving the use or threat of use of force or violence against the victim and makes the provisions of the section applicable to a home for individual residential care. (NRS 449.188) Section 7 of this bill requires that such a home terminate the employment or contract of any of its employees or independent contractors who are convicted of a crime specified in section 8. (NRS 449.185)

 


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ê2009 Statutes of Nevada, Page 502 (Chapter 141, AB 20)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 449.060 is hereby amended to read as follows:

      449.060  1.  Each license issued pursuant to NRS 449.001 to 449.240, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Health Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or

      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a [residential] facility for intermediate care, a facility for skilled nursing , [or] a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the facility , [or] agency or home is in compliance with the provisions of NRS 449.173 to 449.188, inclusive.

      Sec. 2.  NRS 449.065 is hereby amended to read as follows:

      449.065  1.  Except as otherwise provided in subsections 6 and 7 and NRS 449.067, each facility for intermediate care, facility for skilled nursing, residential facility for groups, home for individual residential care, agency to provide personal care services in the home and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the Health Division a surety bond:

      (a) If the facility , [or] agency or home employs less than 7 employees, in the amount of $5,000;

      (b) If the facility , [or] agency or home employs at least 7 but not more than 25 employees, in the amount of $25,000; or

      (c) If the facility , [or] agency or home employs more than 25 employees, in the amount of $50,000.

      2.  A bond filed pursuant to this section must be executed by the facility , [or] agency or home as principal and by a surety company as surety. The bond must be payable to the Aging Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older patient who the Specialist for the Rights of Elderly Persons determines has suffered property damage as a result of any act or failure to act by the facility , [or] agency or home to protect the property of the older patient.

      3.  Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Health Division, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility , [or] agency or home to protect the property of the older patient alleged to have occurred while the bond was in effect.

 


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ê2009 Statutes of Nevada, Page 503 (Chapter 141, AB 20)ê

 

      5.  A license is suspended by operation of law when the facility , [or] agency or home is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.067. The Administrator of the Health Division shall give the facility , [or] agency or home at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

      6.  The Administrator of the Health Division may exempt a residential facility for groups or a home for individual residential care from the requirement of filing a surety bond pursuant to this section if the Administrator determines that the requirement would result in undue hardship to the residential facility for groups [.] or home for individual residential care.

      7.  The requirement of filing a surety bond set forth in this section does not apply to a facility for intermediate care, facility for skilled nursing, residential facility for groups, home for individual residential care, agency to provide personal care services in the home or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.

      Sec. 3.  NRS 449.067 is hereby amended to read as follows:

      449.067  1.  As a substitute for the surety bond required pursuant to NRS 449.065, a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home and an agency to provide nursing in the home may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Health Division:

      (a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this State;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.

      2.  The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449.065. With the approval of the Administrator of the Health Division, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging Services Division of the Department of Health and Human Services and are negotiable only upon approval by the Administrator of the Aging Services Division.

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

      4.  The deposit must be an amount at least equal to the surety bond required by NRS 449.065 and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging Services Division.

 


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ê2009 Statutes of Nevada, Page 504 (Chapter 141, AB 20)ê

 

      Sec. 4.  NRS 449.176 is hereby amended to read as follows:

      449.176  1.  Each applicant for a license to operate a facility for intermediate care, facility for skilled nursing , [or] residential facility for groups , agency to provide personal care services in the home or home for individual residential care shall submit to the Central Repository for Nevada Records of Criminal History two complete sets of fingerprints for submission to the Federal Bureau of Investigation for its report.

      2.  The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188 and immediately inform the administrator of the facility, agency or home, if any, and the Health Division of whether the applicant has been convicted of such a crime.

      Sec. 5.  NRS 449.179 is hereby amended to read as follows:

      449.179  1.  Except as otherwise provided in subsection 2, within 10 days after hiring an employee or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate, an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing , [or] a residential facility for groups or a home for individual residential care shall:

      (a) Obtain a written statement from the employee or independent contractor stating whether he has been convicted of any crime listed in NRS 449.188;

      (b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

      (c) Obtain from the employee or independent contractor two sets of fingerprints and a written authorization 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

      (d) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (c).

      2.  The administrator of, or the person licensed to operate, an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing , [or] a residential facility for groups or a home for individual residential care is not required to obtain the information described in subsection 1 from an employee or independent contractor who provides proof that an investigation of his criminal history has been conducted by the Central Repository for Nevada Records of Criminal History within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in NRS 449.188.

      3.  The administrator of, or the person licensed to operate, an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing , [or] a residential facility for groups or a home for individual residential care shall ensure that the criminal history of each employee or independent contractor who works at the agency or facility is investigated at least once every 5 years. The administrator or person shall:

      (a) If the agency , [or] facility or home does not have the fingerprints of the employee or independent contractor on file, obtain two sets of fingerprints from the employee or independent contractor;

 


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ê2009 Statutes of Nevada, Page 505 (Chapter 141, AB 20)ê

 

      (b) Obtain written authorization from the employee or independent contractor to forward the fingerprints on file or obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History.

      4.  Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee or independent contractor has been convicted of a crime listed in NRS 449.188 and immediately inform the Health Division and the administrator of, or the person licensed to operate, the agency , [or] facility or home at which the person works whether the employee or independent contractor has been convicted of such a crime.

      5.  The Central Repository for Nevada Records of Criminal History may impose a fee upon an agency , [or] a facility or a home that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency , [or] facility or home may recover from the employee or independent contractor not more than one-half of the fee imposed by the Central Repository. If the agency , [or] facility or home requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

      Sec. 6.  NRS 449.182 is hereby amended to read as follows:

      449.182  Each agency to provide personal care services in the home, agency to provide nursing in the home, facility for intermediate care, facility for skilled nursing , [and] residential facility for groups and home for individual residential care shall maintain accurate records of the information concerning its employees and independent contractors collected pursuant to NRS 449.179 [,] and shall maintain a copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History and proof that it submitted two sets of fingerprints to the Central Repository for its report. These records must be made available for inspection by the Health Division at any reasonable time , and copies thereof must be furnished to the Health Division upon request.

      Sec. 7.  NRS 449.185 is hereby amended to read as follows:

      449.185  1.  Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.179, or evidence from any other source, that an employee or independent contractor of an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing , [or] a residential facility for groups or home for individual residential care has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.188, the administrator of, or the person licensed to operate, the agency , [or] facility or home shall terminate the employment or contract of that person after allowing him time to correct the information as required pursuant to subsection 2.

      2.  If an employee or independent contractor believes that the information provided by the Central Repository is incorrect, he may immediately inform the agency , [or] facility [.] or home. An agency , [or] facility or home that is so informed shall give the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

 


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ê2009 Statutes of Nevada, Page 506 (Chapter 141, AB 20)ê

 

      3.  An agency , [or] facility or home that has complied with NRS 449.179 may not be held civilly or criminally liable based solely upon the ground that the agency , [or] facility or home allowed an employee or independent contractor to work:

      (a) Before it received the information concerning the employee or independent contractor from the Central Repository;

      (b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct that information;

      (c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

      (d) Any combination thereof.

Ê An agency , [or] facility or home may be held liable for any other conduct determined to be negligent or unlawful.

      Sec. 8.  NRS 449.188 is hereby amended to read as follows:

      449.188  1.  In addition to the grounds listed in NRS 449.160, the Health Division may deny a license to operate a facility for intermediate care, facility for skilled nursing , [or] residential facility for groups or home for individual residential care to an applicant or may suspend or revoke the license of a licensee to operate such a facility or home if:

      (a) The applicant or licensee has been convicted of:

            (1) Murder, voluntary manslaughter or mayhem;

            (2) Assault with intent to kill or to commit sexual assault or mayhem;

            (3) Sexual assault, statutory sexual seduction, incest, lewdness [,] or indecent exposure , or any other sexually related crime [;] that is punished as a felony;

            (4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;

            (5) A crime involving domestic violence that is punished as a felony;

            (6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;

            (7) Abuse or neglect of a child or contributory delinquency;

            [(5)] (8) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the [past] immediately preceding 7 years;

            [(6)] (9) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

            [(7)] (10) A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;

            [(8)] (11) A violation of any provision of NRS 422.450 to 422.590, inclusive;

            [(9)] (12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

            [(10)] (13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; [or]

 


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ê2009 Statutes of Nevada, Page 507 (Chapter 141, AB 20)ê

 

            [(11)] (14) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon [,] ; or

            (15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years; or

      (b) The licensee has, in violation of NRS 449.185, continued to employ a person who has been convicted of a crime listed in paragraph (a).

      2.  In addition to the grounds listed in NRS 449.160, the Health Division may deny a license to operate an agency to provide personal care services in the home or an agency to provide nursing in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if the licensee has, in violation of NRS 449.185, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

      3.  As used in this section:

      (a) “Domestic violence” means an act described in NRS 33.018.

      (b) “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      [(b)] (c) “Medicare” has the meaning ascribed to it in NRS 439B.130.

      Sec. 9.  NRS 427A.175 is hereby amended to read as follows:

      427A.175  1.  Within 1 year after an older patient sustains damage to his property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Specialist for the Rights of Elderly Persons. If requested, the Specialist for the Rights of Elderly Persons shall conduct a hearing to determine whether the facility, home, agency or organization is liable for damages to the patient. If the Specialist for the Rights of Elderly Persons determines that the facility, home, agency or organization is liable for damages to the patient, he shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The Division shall create a separate account for money to be collected and distributed pursuant to this section.

      5.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021;

      (c) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

      (d) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

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

 


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ê2009 Statutes of Nevada, Page 508 (Chapter 141, AB 20)ê

 

      (f) “Intermediary service organization” has the meaning ascribed to it in NRS 426.218;

      [(f)] (g) “Older patient” has the meaning ascribed to it in NRS 449.063; and

      [(g)] (h) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 10.  This act becomes effective on January 1, 2010.

________

 

CHAPTER 142, AB 40

Assembly Bill No. 40–Committee on Government Affairs

 

CHAPTER 142

 

AN ACT relating to school facilities; revising provisions governing the review and approval of plans for the construction or alteration of school buildings in certain school districts; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      This bill removes the requirement that a school district in a county whose population is 400,000 or more (currently Clark County) submit plans, designs and specifications for new school buildings and facilities and for additions and alterations to the State Public Works Board and requires such a school district to establish a building department for the school district.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 393.110 is hereby amended to read as follows:

      393.110  1.  Each school district shall, in the design, construction and alteration of school buildings and facilities, comply with the applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if a school district complies solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

      2.  In a county whose population is 400,000 or more:

      (a) [Except as otherwise provided in paragraph (c), unless standard plans, designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building, the board of trustees of the county school district shall submit the plans, designs and specifications to, and obtain the written approval of the plans, designs and specifications by, the State Public Works Board. The State Public Works Board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for the payment of any costs incurred by the State Public Works Board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.]

 


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ê2009 Statutes of Nevada, Page 509 (Chapter 142, AB 40)ê

 

the county school district is authorized to pay, a reasonable fee for the payment of any costs incurred by the State Public Works Board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.] The board of trustees of the school district shall establish a building department for the school district.

      (b) [Except as otherwise provided in paragraph (c), before letting any contract or contracts for any addition to or alteration of an existing school building which involves structural systems, or exiting, sanitary or fire protection facilities, the board of trustees of the county school district shall submit the plans, designs and specifications to, and obtain the written approval of the plans, designs and specifications by, the State Public Works Board. The State Public Works Board shall review the plans, designs and specifications and make any recommendations as expeditiously as practicable. The State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for the payment of any costs incurred by the State Public Works Board in securing the approval of qualified architects or engineers of the plans, designs and specifications submitted by the board of trustees in compliance with the provisions of this paragraph.] Except as otherwise provided in NRS 477.030, the board of trustees of the school district shall regulate all matters relating to the construction, maintenance and safety of buildings, facilities, structures and property of the school district.

      (c) [The State Public Works Board may enter into an agreement with the appropriate building department of a county or city to review plans, designs and specifications of a school district pursuant to paragraph (a) or (b). If the State Public Works Board enters into such an agreement, the board of trustees of the school district shall submit a copy of its plans, designs and specifications for any project to which paragraph (a) or (b) applies to the building department before commencement of the project for the approval of that building department. The building department shall review the plans, designs and specifications and provide responsive comment as expeditiously as practicable. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a building department pursuant to this paragraph. A building department that has entered into an agreement pursuant to this paragraph is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for the review conducted pursuant to this paragraph.] Except as otherwise provided in NRS 477.030, the board of trustees of the school district shall adopt any building, electrical or safety codes as necessary to carry out the provisions of this subsection.

      (d) The board of trustees of the school district shall ensure that the building department established by the board of trustees reviews the plans, designs and specifications for the erection of new school buildings and for the addition to or alteration of existing school buildings and facilities.

      (e) The building department established by the board of trustees shall, in accordance with subsection 4, conduct a review of plans, designs and specifications for the erection of new school buildings and for the addition to or alteration of existing school buildings and facilities.

 


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ê2009 Statutes of Nevada, Page 510 (Chapter 142, AB 40)ê

 

      (f) The provisions of NRS 278.585 do not apply to the school district in its regulation of buildings, facilities, structures and property of the school district.

      3.  In a county whose population is less than 400,000:

      (a) Except as otherwise provided in paragraph (b), unless standard plans, designs and specifications are to be used as provided in NRS 385.125, before letting any contract or contracts for the erection of any new school building or for any addition to or alteration of an existing school building, the board of trustees of the county school district shall submit the plans, designs and specifications to, and obtain written approval of the plans, designs and specifications by, the building department of the county or [another] other appropriate local building department in the county, [as applicable,] and all other local agencies or departments whose approval is necessary for the issuance of the appropriate permit. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a building department pursuant to this paragraph.

      (b) If there is no county building department or other appropriate local building department in the county in which the school district is located, the board of trustees of the school district shall enter into an agreement with the State Public Works Board, a private certificate holder or a local building department in another county to obtain the required reviews of the plans, designs and specifications and to have the required inspections conducted. The approval of the State Fire Marshal is not required for any plans, designs and specifications reviewed by a private certificate holder or [local] building department pursuant to this paragraph.

      (c) A permit for construction must be issued before the school district commences construction.

      (d) The county building department or other appropriate local building department, the State Public Works Board or the private certificate holder, as applicable, shall conduct inspections of all work to determine compliance with the approved plans, designs and specifications. An inspection of the work by the State Fire Marshal is not required if the work is inspected by the private certificate holder or [local] building department.

      (e) A department, agency, private certificate holder or the State Public Works Board is authorized to charge and collect, and the board of trustees of the county school district is authorized to pay, a reasonable fee for:

            (1) Review of the plans, designs or specifications as required by this subsection; or

            (2) The inspections conducted pursuant to this subsection.

      4.  In conducting reviews pursuant to this section, the State Public Works Board, building department or private certificate holder, as applicable, shall verify that the plans, designs and specifications comply with:

      (a) The applicable requirements of the relevant codes adopted by this State, including, without limitation, the applicable requirements of any relevant codes and regulations adopted by the State Fire Marshal;

      (b) The applicable requirements of the relevant codes adopted by the local authority having jurisdiction; and

      (c) All applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., [inclusive,] and the regulations adopted pursuant thereto, including, without limitation, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations.

 


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ê2009 Statutes of Nevada, Page 511 (Chapter 142, AB 40)ê

 

in Appendix A of Part 36 of Title 28 of the Code of Federal Regulations. The requirements of this subsection are not satisfied if the plans, designs and specifications comply solely with the Uniform Federal Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title 41 of the Code of Federal Regulations.

      5.  No contract for any of the purposes specified in this section made by a board of trustees of a school district contrary to the provisions of this section is valid, nor shall any public money be paid for erecting, adding to or altering any school building in contravention of this section.

      6.  As used in this section, “private certificate holder” means a person who, as applicable, holds a valid certification issued by the International Code Council or its successor:

      (a) To review plans, designs and specifications for the erection of, addition to or alteration of a school building;

      (b) To inspect work to ensure that the erection of, addition to or alteration of a school building is carried out in conformance with the relevant plans, designs and specifications; or

      (c) To perform the activities described in paragraphs (a) and (b).

      Sec. 2.  NRS 278.585 is hereby amended to read as follows:

      278.585  [All] Except as otherwise provided in NRS 393.110, all persons and political subdivisions shall comply with the appropriate city or county building code.

________

 

CHAPTER 143, AB 63

Assembly Bill No. 63–Committee on Judiciary

 

CHAPTER 143

 

AN ACT relating to justice courts; authorizing the appointment of masters in justice courts under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the appointment of masters in justice courts to perform certain duties as approved by the Nevada Supreme Court. The master must possess qualifications which are at least equal to those required of a justice of the peace in the township in which the master is appointed, and the master may not perform any duties of a master until the master has completed the course of instruction prescribed by the Nevada Supreme Court. Further, the master is entitled to receive a salary or a per diem salary set by the board of county commissioners. However, a master may not preside over: (1) any misdemeanor action for an act of domestic violence, vehicular manslaughter or driving under the influence; or (2) any preliminary hearing for a gross misdemeanor or felony.

 


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ê2009 Statutes of Nevada, Page 512 (Chapter 143, AB 63)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 4 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In any county in which the appointment of masters by a justice court is authorized by the board of county commissioners, the local rules of practice adopted in a justice court within the county may authorize the appointment of one or more masters to perform certain duties that the Supreme Court has approved. If the justice court elects to appoint a master or masters, the local rules of practice adopted in that court must set forth the selection process for choosing a master.

      2.  A master appointed pursuant to subsection 1 must possess qualifications that are equal to or greater than the qualifications required of the justice of the peace for the township in which the master is appointed as set forth in NRS 4.010.

      3.  The Supreme Court shall provide by rule for a course of instruction in the elements of substantive law relating to the duties of any master appointed pursuant to subsection 1. A master appointed pursuant to subsection 1 may not perform any duties of a master until he has completed the course of instruction described in this subsection.

      4.  A master appointed pursuant to subsection 1 may not preside over:

      (a) Any trial for a misdemeanor constituting:

            (1) An act of domestic violence pursuant to NRS 33.018; or

            (2) A violation of NRS 484.3775, 484.379 or 484.379778; or

      (b) Any preliminary hearing for a gross misdemeanor or felony.

      5.  A person appointed as a master must take and subscribe to the official oath before acting as a master.

      6.  A master is entitled to receive a salary or a per diem salary set by the board of county commissioners. The annual sum expended for salaries of masters must not exceed the amount budgeted for those expenses by the board of county commissioners.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 513ê

 

CHAPTER 144, AB 75

Assembly Bill No. 75–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 144

 

AN ACT relating to forestry; requiring the State Forester Firewarden to submit an annual report concerning fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin to certain persons and entities; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      This bill requires the State Forester Firewarden, who is the executive head of the Division of Forestry of the State Department of Conservation and Natural Resources, in coordination and cooperation with the Tahoe Regional Planning Agency and the fire chiefs within the Lake Tahoe Basin, to report annually to the Governor, the Legislature, the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System, the Nevada Congressional Delegation and the Tahoe Regional Planning Agency regarding plans and activities relating to fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 528 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On or before January 1 of each year, the State Forester Firewarden shall, in coordination and cooperation with the Tahoe Regional Planning Agency and the fire chiefs within the Lake Tahoe Basin, submit a report concerning fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin to:

      (a) The Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and Marlette Lake Water System created by NRS 218.53871 and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature;

      (b) The Governor;

      (c) The Tahoe Regional Planning Agency; and

      (d) Each United States Senator and Representative in Congress who is elected to represent the State of Nevada.

      2.  The report submitted by the State Forester Firewarden pursuant to subsection 1 must address, without limitation:

      (a) The status of:

            (1) The implementation of plans for the prevention of fires in the Nevada portion of the Lake Tahoe Basin, including, without limitation, plans relating to the reduction of fuel for fires;

            (2) Efforts concerning forest restoration in the Nevada portion of the Lake Tahoe Basin; and

            (3) Efforts concerning rehabilitation of vegetation, if any, as a result of fire in the Nevada portion of the Lake Tahoe Basin.

      (b) Compliance with:

            (1) The goals and policies for fire prevention and forest health in the Nevada portion of the Lake Tahoe Basin; and

 


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ê2009 Statutes of Nevada, Page 514 (Chapter 144, AB 75)ê

 

            (2) Any recommendations concerning fire prevention or public safety made by any fire department or fire protection district in the Nevada portion of the Lake Tahoe Basin.

      (c) Any efforts to:

            (1) Increase public awareness in the Nevada portion of the Lake Tahoe Basin regarding fire prevention and public safety; and

            (2) Coordinate with other federal, state, local and private entities with regard to projects to reduce fire hazards in the Nevada portion of the Lake Tahoe Basin.

________

 

CHAPTER 145, AB 76

Assembly Bill No. 76–Committee on Health and Human Services

 

CHAPTER 145

 

AN ACT relating to the protection of children; exempting certain relatives from licensure as foster care providers as a condition to placing a child in their custody in certain circumstances; revising provisions governing the background check required for obtaining a license as a foster care provider; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the licensing authority for foster homes to obtain fingerprints from applicants for a license to conduct a foster home, prospective employees of the applicant or of a licensee and from any resident of the foster home who is 18 years of age or older for the purpose of conducting a criminal background check. (NRS 424.033) Existing law similarly requires such a background check of any adult resident of a home in which an agency which provides child welfare services wishes to place a child in an emergency situation. (NRS 432B.391) In addition, the federal Adam Walsh Child Protection and Safety Act of 2006, Public Law 109-248, amended title IV of the Social Security Act to require fingerprint-based checks of the national crime information databases and to require checks of any state registry of child abuse and neglect before placing a child in a prospective foster home or with adoptive parents. To comply with this federal Act, section 1 of this bill requires the licensing authority for foster homes to obtain permission from each applicant for a license to conduct a foster home, each prospective employee of the applicant or of a licensee and any resident of the foster home who is 18 years of age or older to conduct a child abuse and neglect screening in every state in which the person has resided during the last 5 years and then to conduct such a screening. In addition, section 1 requires the Division of Child and Family Services of the Department of Health and Human Services to assist the licensing authorities of other states in conducting a child abuse and neglect screening of a person who has resided in this State if the person has signed a written permission authorizing the screening and authorizes the Division to charge a fee for providing such information in an amount not to exceed the actual cost to the Division to provide the information.

 


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ê2009 Statutes of Nevada, Page 515 (Chapter 145, AB 76)ê

 

      Existing law requires each foster home to be licensed. (NRS 424.030) “Foster home” includes a family home in which one to six children under the age of 18 are cared for by a person who is not related within the first degree of consanguinity or affinity with or without compensation. (NRS 424.013, 424.014) Section 2 of this bill expands the exemptions from the provisions governing licensure of foster homes so that those provisions do not apply to a person who provides care to a minor child who is in the custody of an agency which provides child welfare services if the caregiver is related to the child within the fifth degree of consanguinity and the caregiver has not applied for a license. (NRS 424.090)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 424.033 is hereby amended to read as follows:

      424.033  1.  Each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, or resident of a foster home who is 18 years of age or older must submit to the licensing authority or its approved designee [a] :

      (a) A complete set of his fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority or its approved designee to conduct an investigation pursuant to NRS 424.031 [.] ; and

      (b) Written permission to conduct a child abuse and neglect screening.

      2.  For each person who submits the documentation required pursuant to subsection 1, the licensing authority or its approved designee shall conduct a child abuse and neglect screening of the person in every state in which the person has resided during the immediately preceding 5 years.

      3.  The licensing authority or its approved designee may exchange with the Central Repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.

      [3.] 4.  The Division shall assist the licensing authority of another state that is conducting a child abuse and neglect screening of a person who has resided in this State by providing information which is necessary to conduct the screening if the person who is the subject of the screening has signed a written permission authorizing the licensing authority to conduct a child abuse and neglect screening. The Division may charge a fee for providing such information in an amount which does not exceed the actual cost to the Division to provide the information.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, it shall immediately forward a copy of the report to the licensing authority or its approved designee.

      Sec. 2.  NRS 424.090 is hereby amended to read as follows:

      424.090  The provisions of this chapter do not apply to homes in which:

      1.  Care is provided only for a neighbor’s or friend’s child on an irregular or occasional basis for a brief period, not to exceed 90 days.

      2.  Care is provided by the legal guardian.

      3.  Care is provided for an exchange student.

      4.  Care is provided to enable a child to take advantage of educational facilities that are not available in his home community.

 


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ê2009 Statutes of Nevada, Page 516 (Chapter 145, AB 76)ê

 

      5.  Any child or children are received, cared for and maintained pending completion of proceedings for adoption of such child or children, except as otherwise provided in regulations adopted by the Division.

      6.  Except as otherwise provided in regulations adopted by the Division, care is voluntarily provided to a minor child who is:

      (a) Related to the [caretaker] caregiver by blood, adoption or marriage; and

      (b) Not in the custody of an agency which provides child welfare services.

      7.  Care is provided to a minor child who is in the custody of an agency which provides child welfare services pursuant to chapter 432B of NRS if:

      (a) The caregiver is related to the child within the fifth degree of consanguinity; and

      (b) The caregiver is not licensed pursuant to the provisions of this chapter.

      Sec. 3.  (Deleted by amendment.)

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CHAPTER 146, AB 79

Assembly Bill No. 79–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 146

 

AN ACT relating to city elections; authorizing the governing body of a city to conduct a city election in which all ballots must be cast by mail under certain circumstances; providing that a candidate who receives a majority of votes cast in a city primary election in certain cities must be declared elected; revising provisions concerning requests for an absent ballot; requiring that the voting results of a city election be posted on the Internet under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes the governing body of a city to conduct a city election in which all ballots must be cast by mail if: (1) the election is a special election; (2) the election involves only offices and ballot questions that may be voted on by the voters of only one ward of the city; or (3) the election involves only a single office or ballot question. The provisions of existing law governing the conduct of city elections apply to such an election except for provisions concerning voting in person at polling places, voting by absent ballot and early voting in person. For the purpose of conducting such an election, each voting precinct in the city is treated as if it were a mailing precinct under existing law.

      Under existing law, if a candidate for office in a city primary election held in a city whose population is 5,000 or more receives a majority of the votes cast for the office, only his name must be placed on the ballot for the city general election, and he must run unopposed in that election. (NRS 293C.175) Section 3 of this bill provides instead that such a candidate must be declared elected to the office based on the majority vote in the primary election and that his name must not be placed on the ballot for the city general election.

 


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ê2009 Statutes of Nevada, Page 517 (Chapter 146, AB 79)ê

 

      Section 4 of this bill eliminates a provision which enables a registered voter who is at least 65 years of age or who has a physical disability or condition that substantially impairs his ability to go to the polling place to request an absent ballot for all elections held during the year he requests an absent ballot, thus making it so that, with certain limited exceptions, any registered voter providing sufficient written notice may vote an absent ballot. (NRS 293C.310)

      Existing law requires a counting board and a city clerk to post a signed copy of the voting results in a city election on the outside of the facility where the votes were counted, the courthouse or the city hall. (NRS 293C.380) Section 5 of this bill requires that the results also be posted on an Internet website not later than the start of business on the day immediately following the election, if the city or the city clerk maintains such a website. Section 5 also eliminates the requirement that the copy of the voting results be signed before it may be posted.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The governing body of a city may conduct a city election in which all ballots must be cast by mail if:

      (a) The election is a special election; or

      (b) The election is a primary city election or general city election in which the ballot includes only:

            (1) Offices and ballot questions that may be voted on by the registered voters of only one ward; or

            (2) One office or ballot question.

      2.  The provisions of NRS 293C.265 to 293C.302, inclusive, 293C.305 to 293C.340, inclusive, and 293C.355 to 293C.361, inclusive, do not apply to an election conducted pursuant to this section.

      3.  For the purposes of an election conducted pursuant to this section, each precinct in the city shall be deemed to have been designated a mailing precinct pursuant to NRS 293C.342.

      Sec. 2.  NRS 293C.110 is hereby amended to read as follows:

      293C.110  1.  Except as otherwise provided in subsection 2, conduct of any city election is under the control of the governing body of the city, and it shall, by ordinance, provide for the holding of the election, appoint the necessary election officers and election boards [,] and do all other things required to carry the election into effect.

      2.  [The] Except as otherwise provided in section 1 of this act, the governing body of the city shall provide for:

      (a) Absent ballots to be voted in a city election pursuant to NRS 293C.305 to 293C.325, inclusive, and 293C.330 to 293C.340, inclusive; and

      (b) The conduct of:

            (1) Early voting by personal appearance in a city election pursuant to NRS 293C.355 to 293C.361, inclusive;

            (2) Voting by absent ballot in person in a city election pursuant to NRS 293C.327; or

            (3) Both early voting by personal appearance as described in subparagraph (1) and voting by absent ballot in person as described in subparagraph (2).

 


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ê2009 Statutes of Nevada, Page 518 (Chapter 146, AB 79)ê

 

      Sec. 3.  NRS 293C.175 is hereby amended to read as follows:

      293C.175  1.  Except as otherwise provided in NRS 293C.115, a primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the first Tuesday after the first Monday in April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

      2.  Except as otherwise provided in NRS 293C.115, a candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days [nor] or more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

      3.  All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

      4.  If, in a primary city election held in a city of population category one or two, one candidate receives more than a majority of votes cast in that election for the office for which he is a candidate, he must be declared elected to the office and his name [alone] must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

      Sec. 4.  NRS 293C.310 is hereby amended to read as follows:

      293C.310  1.  Except as otherwise provided in NRS 293.502 and 293C.265, a registered voter who provides sufficient written notice to the city clerk may vote an absent ballot as provided in this chapter.

      2.  [A registered voter who:

      (a) Is at least 65 years of age; or

      (b) Has a physical disability or condition that substantially impairs his ability to go to the polling place,

Ê may request an absent ballot for all elections held during the year he requests an absent ballot.

      3.]  As used in this section, “sufficient written notice” means a:

      (a) Written request for an absent ballot that is signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine;

      (b) Form prescribed by the Secretary of State that is completed and signed by the registered voter and returned to the city clerk in person or by mail or facsimile machine; or

      (c) Form provided by the Federal Government.

      [4.] 3.  A city clerk shall consider a request from a voter who has given sufficient written notice on a form provided by the Federal Government as:

      (a) A request for the primary city election and the general city election unless otherwise specified in the request; and

      (b) A request for an absent ballot for the two primary and general elections immediately following the date on which the city clerk received the request.

 


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ê2009 Statutes of Nevada, Page 519 (Chapter 146, AB 79)ê

 

      [5.] 4.  It is unlawful for a person fraudulently to request an absent ballot in the name of another person or to induce or coerce another person fraudulently to request an absent ballot in the name of another person. A person who violates any provision of this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 5.  NRS 293C.380 is hereby amended to read as follows:

      293C.380  1.  Except as otherwise provided in subsection 2, each counting board , before it adjourns, shall post a copy of the voting results in a conspicuous place on the outside of the place where the votes were counted.

      2.  If votes are cast on ballots that are mechanically or electronically tabulated in accordance with the provisions of this chapter, chapter 293 or 293B of NRS, the city clerk shall, as soon as possible, post copies of the tabulated voting results [in] :

      (a) On an Internet website maintained by the city or the city clerk, if any, including, without limitation, a website maintained by the city clerk pursuant to NRS 293C.715; and

      (b) In a conspicuous place on the outside of the counting facility, courthouse or city hall. Copies of the voting results posted pursuant to this paragraph must be posted not later than the start of business on the day immediately following the day of the election.

      3.  Each copy of the voting results posted in accordance with subsections 1 and 2 must set forth the accumulative total of all the votes cast within the city conducting the election . [and must be signed by the members of the counting board or the computer program and processing accuracy board.]

      Sec. 6.  NRS 293C.387 is hereby amended to read as follows:

      293C.387  1.  The election returns from a special election, primary city election or general city election must be filed with the city clerk, who shall immediately place the returns in a safe or vault [.] designated by the city clerk. No person may handle, inspect or in any manner interfere with the returns until they are canvassed by the mayor and the governing body of the city.

      2.  After the governing body of a city receives the returns from all the precincts and districts in the city, it shall meet with the mayor to canvass the returns. The canvass must be completed on or before the sixth working day following the election.

      3.  In completing the canvass of the returns, the governing body of the city and the mayor shall:

      (a) Note separately any clerical errors discovered; and

      (b) Take account of the changes resulting from the discovery, so that the result declared represents the true vote cast.

      4.  After the canvass is completed, the governing body of the city and mayor shall declare the result of the canvass.

      5.  The city clerk shall enter upon the records of the governing body of the city an abstract of the result. The abstract must be prepared in the manner prescribed by regulations adopted by the Secretary of State and must contain the number of votes cast for each candidate.

      6.  After the abstract is entered, the:

      (a) City clerk shall seal the election returns, maintain them in a vault for at least 22 months and give no person access to them during that period, unless access is ordered by a court of competent jurisdiction or by the governing body of the city.

 


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ê2009 Statutes of Nevada, Page 520 (Chapter 146, AB 79)ê

 

      (b) Governing body of the city shall, by an order made and entered in the minutes of its proceedings, cause the city clerk to:

            (1) Certify the abstract;

            (2) Make a copy of the certified abstract;

            (3) Make a mechanized report of the abstract in compliance with regulations adopted by the Secretary of State;

            (4) Transmit a copy of the certified abstract and the mechanized report of the abstract to the Secretary of State within 7 working days after the election; and

            (5) Transmit on paper or by electronic means to each public library in the city, or post on a website maintained by the city or the city clerk on the Internet or its successor, if any, a copy of the certified abstract within 30 days after the election.

      7.  After the abstract of the results from a:

      (a) Primary city election has been certified, the city clerk shall certify the name of each person nominated and the name of the office for which he is nominated.

      (b) General city election has been certified, the city clerk shall:

            (1) Issue under his hand and official seal to each person elected a certificate of election; and

            (2) Deliver the certificate to the persons elected upon their application at the office of the city clerk.

      8.  The officers elected to the governing body of the city qualify and enter upon the discharge of their respective duties on the first regular meeting of that body next succeeding that in which the canvass of returns was made pursuant to subsection 2.

      Sec. 7.  NRS 293C.390 is hereby amended to read as follows:

      293C.390  1.  The voted ballots, rejected ballots, spoiled ballots, challenge lists, records printed on paper of voted ballots collected pursuant to NRS 293B.400, and stubs of the ballots used, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk. The records of voted ballots that are maintained in electronic form must, after canvass of the votes by the governing body of the city, be sealed and deposited in the vaults of the city clerk. The tally lists collected pursuant to NRS 293B.400 must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk without being sealed. All materials described by this subsection must be preserved for at least 22 months, and all such sealed materials must be destroyed immediately after that period. A notice of the destruction must be published by the city clerk in at least one newspaper of general circulation in the city [,] or , if no newspaper is of general circulation in that city, in a newspaper of general circulation in the nearest city, not less than 2 weeks before the destruction of the materials.

      2.  Unused ballots, enclosed and sealed, must, after canvass of the votes by the governing body of the city, be deposited in the vaults of the city clerk and preserved for at least the period during which the election may be contested and adjudicated, after which the unused ballots may be destroyed.

      3.  The rosters containing the signatures of those persons who voted in the election and the tally lists deposited with the governing body of the city are subject to the inspection of any elector who may wish to examine them at any time after their deposit with the city clerk.

 

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