Link to Page 916

 

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ê2009 Statutes of Nevada, Page 917ê

 

CHAPTER 232, AB 56

Assembly Bill No. 56–Committee on Education

 

CHAPTER 232

 

AN ACT relating to education; revising provisions governing the use of physical restraint and mechanical restraint on pupils with disabilities; revising provisions relating to reports of the use of restraints and reports of violations; providing for the reporting of the use of corporal punishment on a pupil in public school; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law prescribes the requirements for the use of physical restraint or mechanical restraint on a pupil with a disability who is enrolled in a public school or a private school. (NRS 388.521-388.5315, 394.353-394.378) Sections 1 and 7 of this bill require each school district and each private school which provides services to pupils with disabilities to submit annual reports to the Department of Education on the use of physical restraint and mechanical restraint on pupils with disabilities during the previous school year.

      Sections 3, 4, 9 and 10 of this bill provide that if physical restraint or mechanical restraint is used on a pupil with a disability three times during 1 school year, the circumstances of the restraint must be reviewed and reported. If such restraint is used five times during 1 school year, the pupil’s individualized education program or the pupil’s services plan, as applicable, developed pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., must be reviewed. If the restraint continues after such a review, the school district or private school, as applicable, and the pupil’s parent or legal guardian shall include additional positive behavioral approaches in the pupil’s services plan or program, as applicable, so that the restraint does not continue. (NRS 388.5275, 388.528, 394.368, 394.369)

      Existing law prescribes the requirements for the use of mechanical restraint on a pupil with a disability enrolled in a public school or private school, including a requirement that the pupil’s physician issue a medical order authorizing the use of mechanical restraint before the application of the restraint or not later than 15 minutes after the application of the restraint. (NRS 388.528, 394.369) Sections 4 and 10 of this bill eliminate the requirement of a medical order for each application of the mechanical restraint and instead require that a medical order authorizing the use of mechanical restraint be included in the pupil’s individualized education program or the pupil’s services plan, as applicable.

      Existing law provides that corporal punishment may not be used on a pupil in any public school. (NRS 392.4633) Section 6 of this bill provides that a person may report the use of corporal punishment on a pupil to the agency which provides child welfare services in the county in which the school district is located. If the agency finds that the report is substantiated, the agency shall forward the report to the Department, local law enforcement agency and the county district attorney for further investigation.

 


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ê2009 Statutes of Nevada, Page 918 (Chapter 232, AB 56)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of each school district shall, on or before August 1 of each year, prepare a report in the form prescribed by the Department that includes, without limitation, for each school within the school district:

      (a) The number of instances in which physical restraint was used at the school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil;

      (b) The number of instances in which mechanical restraint was used at the school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil; and

      (c) The number of violations of NRS 388.521 to 388.5315, inclusive, by type of violation, which must indicate the number of violations per teacher employed at the school and per pupil enrolled at the school without disclosing personally identifiable information about the teacher or the pupil.

      2.  The board of trustees of each school district shall prescribe a form for each school within the school district to report the information set forth in subsection 1 to the school district and the time by which those reports must be submitted to the school district.

      3.  On or before August 15 of each year, the board of trustees of each school district shall submit to the Department the written report prepared by the board of trustees pursuant to subsection 1.

      4.  The Department shall compile the data received by each school district pursuant to subsection 3 and prepare a written report of the compilation, disaggregated by school district. On or before October 1 of each year, the Department shall submit the written compilation:

      (a) In even-numbered years, to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

      (b) In odd-numbered years, to the Legislative Committee on Education.

      5.  If a particular item in a report required pursuant to this section would reveal personally identifiable information about an individual pupil or teacher, that item must not be included in the report.

      Sec. 2.  NRS 388.521 is hereby amended to read as follows:

      388.521  As used in NRS 388.521 to 388.5315, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.5215 to 388.526, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 388.5275 is hereby amended to read as follows:

      388.5275  1.  Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

 


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ê2009 Statutes of Nevada, Page 919 (Chapter 232, AB 56)ê

 

      (a) An emergency exists that necessitates the use of physical restraint;

      (b) The physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage; and

      (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

      2.  Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

      (a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

      (b) Escort or carry [a] the pupil to safety if the pupil is in danger in his present location; or

      (c) Conduct medical examinations or treatments on the pupil that are necessary.

      3.  If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district [,] or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees [may] or its designee shall submit a report to the Department in accordance with NRS 388.5315.

      4.  If a pupil with a disability has three reports of the use of physical restraint in his record pursuant subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report to the school district on its findings.

      5.  If a pupil with a disability has five reports of the use of physical restraint in his record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If physical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program additional methods that are appropriate for the pupil to ensure that the restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

      Sec. 4.  NRS 388.528 is hereby amended to read as follows:

      388.528  1.  Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

      (a) An emergency exists that necessitates the use of mechanical restraint;

      (b) A medical order authorizing the use of mechanical restraint [is obtained] from the pupil’s treating physician is included in the pupil’s individualized education program before the application of the mechanical restraint ; [or not later than 15 minutes after the application of the mechanical restraint;]

 


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ê2009 Statutes of Nevada, Page 920 (Chapter 232, AB 56)ê

 

      (c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the pupil as soon as practicable [;] after the application of the mechanical restraint;

      (d) The mechanical restraint is applied by a member of the staff of the school who is trained and qualified to apply mechanical restraint;

      (e) The pupil is given the opportunity to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician who signed the order;

      (f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop [or control his inappropriate behavior] injury to himself without the use of the restraint;

      (g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the member of the staff of the school who applied the mechanical restraint;

      (h) A member of the staff of the school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and

      (i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself . [or others or causing severe property damage.]

      2.  Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

      (a) Treat the medical needs of the pupil;

      (b) Protect a pupil who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a pupil; or

      (d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s individualized education program.

      3.  If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district [,] or its designee, the pupil’s individualized education program team and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil’s rights has occurred, the board of trustees [may] or its designee shall submit a report to the Department in accordance with NRS 388.5315.

      4.  If a pupil with a disability has three reports of the use of mechanical restraint in his record pursuant to subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report of its findings to the school district.

      5.  If a pupil with a disability has five reports of the use of mechanical restraint in his record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If mechanical restraint continues after the pupil’s individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program additional methods that are appropriate for the pupil to ensure that restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

 


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ê2009 Statutes of Nevada, Page 921 (Chapter 232, AB 56)ê

 

appropriate for the pupil to ensure that restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

      Sec. 5.  NRS 388.5315 is hereby amended to read as follows:

      388.5315  1.  A denial of rights of a pupil with a disability pursuant to NRS 388.521 to 388.5315, inclusive, and section 1 of this act must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district [.] or its designee.

      2.  If the board of trustees of a school district or its designee receives notice of a denial of rights pursuant to subsection 1, [it] the board of trustees or its designee shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the Department.

      3.  The Department:

      (a) Shall receive reports made pursuant to subsection 2;

      (b) May investigate apparent violations of the rights of pupils with disabilities; and

      (c) May act to resolve disputes relating to apparent violations.

      Sec. 6.  NRS 392.4633 is hereby amended to read as follows:

      392.4633  1.  Corporal punishment [may] must not be administered upon a pupil in any public school.

      2.  Subsection 1 does not prohibit any teacher, principal or other licensed person from defending himself if attacked by a pupil.

      3.  A person may report the use of corporal punishment on a pupil to the agency which provides child welfare services in the county in which the school district is located. If the agency determines that the complaint is substantiated, the agency shall forward the complaint to the Department, the appropriate local law enforcement agency within the county and the district attorney’s office within the county for further investigation.

      4.  As used in this section [, “corporal punishment”] :

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Corporal punishment” means the intentional infliction of physical pain upon or the physical restraint of a pupil for disciplinary purposes. The term does not include the use of reasonable and necessary force:

      [(a)] (1) To quell a disturbance that threatens physical injury to any person or the destruction of property;

      [(b)] (2) To obtain possession of a weapon or other dangerous object within a pupil’s control;

      [(c)] (3) For the purpose of self-defense or the defense of another person; or

      [(d)] (4) To escort a disruptive pupil who refuses to go voluntarily with the proper authorities.

      Sec. 7.  Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The administrative head of each private school that provides instruction to pupils with disabilities shall, on or before August 15 of each year, prepare a report that includes, without limitation:

      (a) The number of instances in which physical restraint was used at the private school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the private school and per pupil enrolled at the private school without disclosing personally identifiable information about the teacher or the pupil;

 


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ê2009 Statutes of Nevada, Page 922 (Chapter 232, AB 56)ê

 

school and per pupil enrolled at the private school without disclosing personally identifiable information about the teacher or the pupil;

      (b) The number of instances in which mechanical restraint was used at the private school during the immediately preceding school year, which must indicate the number of instances per teacher employed at the private school and per pupil enrolled at the private school without disclosing personally identifiable information about the teacher or the pupil; and

      (c) The number of violations of NRS 394.353 to 394.378, inclusive, by type of violation, which must indicate the number of violations per teacher employed at the private school and per pupil enrolled at the private school.

      2.  On or before August 15 of each year, the administrative head of each private school that provides instruction to pupils with disabilities shall submit to the Department the report prepared pursuant to subsection 1. The report must be in the form prescribed by the Department.

      3.  The Department shall compile the data submitted by each private school pursuant to subsection 2 and prepare a written report of the compilation, disaggregated by each private school. On or before October 1 of each year, the Department shall submit the written compilation:

      (a) In even-numbered years, to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

      (b) In odd-numbered years, to the Legislative Committee on Education.

      4.  If a particular item in a report required pursuant to this section would reveal personally identifiable information about an individual pupil or teacher, that item must not be included in the report.

      Sec. 8.  NRS 394.353 is hereby amended to read as follows:

      394.353  As used in NRS 394.353 to 394.378, inclusive, and section 7 of this act, unless the context otherwise requires, the words and terms defined in NRS 394.354 to 394.365, inclusive, have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 394.368 is hereby amended to read as follows:

      394.368  1.  Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:

      (a) An emergency exists that necessitates the use of physical restraint;

      (b) The physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage; and

      (c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.

      2.  Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:

      (a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;

      (b) Escort or carry [a] the pupil to safety if the pupil is in danger in his present location; or

      (c) Conduct medical examinations or treatments on the pupil that are necessary.

      3.  If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the Superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil.

 


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ê2009 Statutes of Nevada, Page 923 (Chapter 232, AB 56)ê

 

copy of the report must be provided to the Superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. If the administrator of the private school determines that a denial of the pupil’s rights has occurred, the administrator shall submit a report to the Superintendent in accordance with NRS 394.378.

      4.  If a pupil with a disability has three reports of the use of physical restraint in his record pursuant to subsection 3 in 1 school year, the private school in which the pupil is enrolled shall review the circumstances of the restraint on the pupil and report its findings to the Superintendent.

      5.  If a pupil with a disability has five reports of the use of physical restraint in his record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program or the pupil’s services plan, as applicable, must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If physical restraint continues after the pupil’s individualized education program or services plan has been reviewed, the private school and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program or services plan, as applicable, additional methods that are appropriate for the pupil to ensure that restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

      Sec. 10.  NRS 394.369 is hereby amended to read as follows:

      394.369  1.  Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:

      (a) An emergency exists that necessitates the use of mechanical restraint;

      (b) A medical order authorizing the use of mechanical restraint [is obtained] from the pupil’s treating physician is included in the pupil’s services plan developed pursuant to 34 C.F.R. § 300.138 or the pupil’s individualized education program, whichever is appropriate, before the application of the mechanical restraint ; [or not later than 15 minutes after the application of the mechanical restraint;]

      (c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the pupil as soon as practicable after the application of the mechanical restraint;

      (d) The mechanical restraint is applied by a member of the staff of the private school who is trained and qualified to apply mechanical restraint;

      (e) The pupil is given the opportunity to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician who signed the order;

      (f) A member of the staff of the private school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop [or control his inappropriate behavior] injury to himself without the use of the restraint;

      (g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the member of the staff of the private school who applied the mechanical restraint;

      (h) A member of the staff of the private school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and

 


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ê2009 Statutes of Nevada, Page 924 (Chapter 232, AB 56)ê

 

      (i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself . [or others or causing severe property damage.]

      2.  Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

      (a) Treat the medical needs of the pupil;

      (b) Protect a pupil who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;

      (c) Provide proper body alignment to a pupil; or

      (d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s service plan developed pursuant to 34 C.F.R. § [300.455] 300.138 or the pupil’s individualized education program, whichever is appropriate.

      3.  If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record not later than 1 working day after the procedure is used. A copy of the report must be provided to the Superintendent, the administrator of the private school, the pupil’s individualized education program team, if applicable, and the parent or guardian of the pupil. If the administrator of the private school determines that a denial of the pupil’s rights has occurred, the administrator shall submit a report to the Superintendent in accordance with NRS 394.378.

      4.  If a pupil with a disability has three reports of the use of mechanical restraint in his record pursuant to subsection 3 in 1 school year, the private school in which the pupil is enrolled shall review the circumstances of the use of the restraint on the pupil and provide a report to the Superintendent on its findings.

      5.  If a pupil with a disability has five reports of the use of mechanical restraint in his record pursuant to subsection 3 in 1 school year, the pupil’s individualized education program or the pupil’s services plan, as applicable, must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If mechanical restraint continues after the pupil’s individualized education program or services plan has been reviewed, the private school and the parent or legal guardian of the pupil shall include in the pupil’s individualized education program or services plan, as applicable, additional methods that are appropriate for the pupil to ensure that the restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan and positive behavioral supports.

      6.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      Sec. 11.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 925ê

 

CHAPTER 233, AB 89

Assembly Bill No. 89–Committee on Health and Human Services

 

CHAPTER 233

 

AN ACT relating to the protection of children; making various changes concerning the investigation of applicants for a license to operate a child care facility, licensees and others over whom applicants or licensees exercise some control; requiring applicants and licensees to terminate certain employees and remove certain residents and participants in outdoor youth programs who have been convicted of certain crimes or who have had a substantiated report of child abuse or neglect made against them; expanding the grounds for denying a license and for taking other disciplinary action against a licensee; authorizing the imposition of administrative fines for violations of certain laws and regulations concerning licensure of child care facilities; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides for the licensure of certain child care facilities. (NRS 432A.131-432A.220) As part of the process for obtaining a license, the Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services conducts a background check of each applicant for a license, licensee, employee of an applicant or licensee and every resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older. (NRS 432A.170, 432A.175) Section 5 of this bill expands the list of crimes that the Bureau must inquire about as part of such an investigation and requires the Bureau to request information concerning every applicant, licensee, employee, resident or participant from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child to determine whether there has been a substantiated report of child abuse or neglect made against any of those persons. (NRS 432A.170) Section 6 of this bill requires the Bureau to obtain permission from each such applicant, licensee, employee, resident or participant to obtain such information from the Statewide Central Registry. (NRS 432A.175) If an employee of an applicant or licensee, or a resident or participant, has been convicted of one of the crimes inquired about as part of the investigation, the Bureau is required to notify the applicant or licensee. Upon receiving such notice, section 2 of this bill requires the applicant or licensee to terminate the employment of the employee, remove the resident from the child care facility or remove the participant from the outdoor youth program, as applicable, after affording the person an opportunity to correct the information. Section 6 further requires an applicant or licensee to notify the Bureau when the applicant, licensee, employee, resident or participant is involved in certain legal proceedings or disciplinary hearings or charged with certain crimes. (NRS 432A.175)

      Section 4 of this bill prohibits the Bureau from issuing a provisional license to operate a child care facility unless the Bureau has completed an investigation into the qualifications and background of the applicant and his employees to ensure that they have not been convicted of certain crimes or had a substantiated report of child abuse or neglect made against them. (NRS 432A.160)

      Section 7 of this bill expands the grounds for denial of an application for a license to operate a child care facility and for taking disciplinary action against a licensee and authorizes the Bureau to impose administrative fines for a violation of the statutes governing licensure of child care facilities or the regulations adopted pursuant thereto. (NRS 432A.190)

 


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ê2009 Statutes of Nevada, Page 926 (Chapter 233, AB 89)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 432A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Upon receiving information pursuant to NRS 432A.175 from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 or evidence from any other source that an employee of an applicant for a license to operate a child care facility or a licensee, or a resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him, the applicant or licensee shall terminate the employment of the employee or remove the resident from the facility or participant from the outdoor youth program after allowing the employee, resident or participant time to correct the information as required pursuant to subsection 2.

      2.  If an employee, resident or participant believes that the information provided to the applicant or licensee pursuant to subsection 1 is incorrect, he must inform the applicant or licensee immediately. The applicant or licensee shall give any such employee, resident or participant 30 days to correct the information.

      3.  During any period in which an employee, resident or participant seeks to correct information pursuant to subsection 2, it is within the discretion of the applicant or licensee whether to allow the employee, resident or participant to continue to work for or reside at the child care facility or participate in the outdoor youth program, as applicable.

      Sec. 3.  1.  Each applicant for a license to operate a child care facility and licensee shall maintain records of the information concerning its employees and any residents of the child care facility or participants in any outdoor youth program who are 18 years of age or older that is collected pursuant to NRS 432A.170 and 432A.175, including, without limitation:

      (a) Proof that the applicant or licensee submitted fingerprints to the Central Repository for its report; and

      (b) The written authorization to obtain information from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

      2.  The records maintained pursuant to subsection 1 must be made available for inspection by the Bureau at any reasonable time, and copies thereof must be furnished to the Bureau upon request.

      Sec. 4.  NRS 432A.160 is hereby amended to read as follows:

      432A.160  1.  [The] Except as otherwise provided in this section, the Bureau may issue a provisional license, effective for a period not exceeding 1 year, to a child care facility which:

      (a) Is in operation at the time of adoption of standards and other regulations pursuant to the provisions of this chapter, if the Bureau determines that the facility requires a reasonable time under the particular circumstances, not to exceed 1 year from the date of the adoption, within which to comply with the standards and other regulations;

 


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ê2009 Statutes of Nevada, Page 927 (Chapter 233, AB 89)ê

 

      (b) Has failed to comply with the standards and other regulations, if the Bureau determines that the facility is in the process of making the necessary changes or has agreed to effect the changes within a reasonable time; or

      (c) Is in the process of applying for a license, if the Bureau determines that the facility requires a reasonable time within which to comply with the standards and other regulations.

      2.  The provisions of subsection 1 do not require the issuance of a license or prevent the Bureau from refusing to renew or from revoking or suspending any license in any instance where the Bureau considers that action necessary for the health and safety of the occupants of any facility or the clients of any outdoor youth program.

      3.  A provisional license must not be issued pursuant to this section unless the Bureau has completed an investigation into the qualifications and background of the applicant and his employees pursuant to NRS 432A.170 to ensure that the applicant and each employee of the applicant, or every resident of the child care facility or participant in any outdoor youth program who is 18 years of age or older, has not been convicted of a crime listed in subsection 2 of NRS 432A.170 and has not had a substantiated report of child abuse or neglect made against him.

      Sec. 5.  NRS 432A.170 is hereby amended to read as follows:

      432A.170  1.  The Bureau may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:

      (a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;

      (b) Qualifications and background of the applicant or his employees;

      (c) Method of operation for the facility; and

      (d) Policies and purposes of the applicant.

      2.  The Bureau shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older, to determine whether he has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use of a firearm or other deadly weapon;

      (c) Assault with intent to kill or to commit sexual assault or mayhem;

      (d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

      (e) Abuse or neglect of a child or contributory delinquency; [or]

      (f) 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 [.] ;

      (g) 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; or

      (h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years.

      3.  The Bureau shall request information concerning every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older, from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.

 


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ê2009 Statutes of Nevada, Page 928 (Chapter 233, AB 89)ê

 

18 years of age or older, from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.

      4.  The Bureau may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

      5.  The information required to be obtained pursuant to subsections 2 and 3 must be requested concerning an:

      (a) Employee of an applicant or licensee, resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program, and then at least once every 6 years thereafter.

      (b) Applicant at the time that an application is submitted for licensure, and then at least once every 6 years after the license is issued.

      Sec. 6.  NRS 432A.175 is hereby amended to read as follows:

      432A.175  1.  Every applicant [,] for a license to operate a child care facility, licensee and employee of such an applicant or licensee, and every resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older, shall submit to the Bureau, or to the person or agency designated by the Bureau, to enable the Bureau to conduct an investigation pursuant to NRS 432A.170, a:

      (a) Complete set of fingerprints and a written authorization for the Bureau or its designee 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]

      (b) Written statement detailing any prior criminal convictions [,

Ê to enable the Bureau to conduct an investigation pursuant to NRS 432A.170.] ; and

      (c) Written authorization for the Bureau to obtain any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

      2.  If an employee of an applicant for a license to operate a child care facility or licensee, or [such] a resident of a child care facility or participant [,] in an outdoor youth program who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 [,] or has had a substantiated report of child abuse or neglect filed against him, the Bureau shall immediately notify the applicant or licensee [.] , who shall then comply with the provisions of section 2 of this act.

      3.  An applicant for a license to operate a child care facility or licensee shall notify the Bureau within 2 days after receiving notice that:

      (a) The applicant, licensee or an employee of the applicant or licensee, or a resident of the child care facility or participant in an outdoor youth program who is 18 years of age or older, or a facility or program operated by the applicant or licensee, is the subject of a lawsuit or any disciplinary proceeding; or

      (b) The applicant or licensee, an employee, a resident or participant has been charged with a crime listed in subsection 2 of NRS 432A.170 or is being investigated for child abuse or neglect.

 


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ê2009 Statutes of Nevada, Page 929 (Chapter 233, AB 89)ê

 

      Sec. 7.  NRS 432A.190 is hereby amended to read as follows:

      432A.190  1.  The Bureau may deny an application for a license to operate a child care facility or may suspend or revoke [any license issued under the provisions of this chapter] such a license upon any of the following grounds:

      (a) Violation by the applicant or licensee or an employee of the applicant or licensee of any of the provisions of this chapter or of any other law of this State or of the standards and other regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the child care facility for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the child care facility, or the clients of the outdoor youth program.

      (e) Conviction of any crime listed in subsection 2 of NRS 432A.170 committed by the applicant or licensee or an employee of the applicant or licensee, or by a resident of the child care facility or participant in the outdoor youth program who is 18 years of age or older.

      (f) Failure to comply with the provisions of NRS 432A.178.

      (g) Substantiation of a report of child abuse or neglect made against the applicant or licensee.

      (h) Conduct which is found to pose a threat to the health or welfare of a child or which demonstrates that the applicant or licensee is otherwise unfit to work with children.

      (i) Violation by the applicant or licensee of the provisions of section 2 of this act by continuing to employ a person, allowing a resident to continue to reside in the child care facility or allowing a participant in an outdoor youth program to continue to participate in the program if the employee, or the resident or participant who is 18 years of age or older, has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him.

      2.  In addition to the provisions of subsection 1, the Bureau may revoke a license to operate a child care facility if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Bureau shall maintain a log of any complaints that it receives relating to activities for which the Bureau may revoke the license to operate a child care facility pursuant to subsection 2. The Bureau shall provide to a child care facility:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Bureau either substantiates the complaint or is inconclusive;

 


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ê2009 Statutes of Nevada, Page 930 (Chapter 233, AB 89)ê

 

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 432A.178.

      4.  In addition to any other disciplinary action, the Bureau may impose an administrative fine for a violation of any provision of this chapter or any regulation adopted pursuant thereto. The Bureau shall afford to any person so fined an opportunity for a hearing. Any money collected for the imposition of such a fine must be credited to the State General Fund.

      5.  On or before February 1 of each odd-numbered year, the Bureau shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Bureau pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Bureau pursuant to subsection 2.

      Sec. 8.  NRS 432A.220 is hereby amended to read as follows:

      432A.220  Any person who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and sections 2 and 3 of this act is guilty of a misdemeanor.

      Sec. 9.  The Bureau of Services for Child Care of the Division of Child and Family Services of the Department of Health and Human Services is not required to obtain the information required pursuant to subsections 2 and 3 of section 5 of this act concerning a person who, on October 1, 2009, is a licensee, employee of a licensee, or resident of a child care facility or participant in an outdoor youth program who is 18 years of age or older until 6 years after the license was issued or renewed, or from the date of employment of an employee, residency of a resident or participation of a participant.

________

 


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ê2009 Statutes of Nevada, Page 931ê

 

CHAPTER 234, AB 100

Assembly Bill No. 100–Committee on Education

 

CHAPTER 234

 

AN ACT relating to education; revising the duties of the Deputy Superintendent for Administrative and Fiscal Services in the Department of Education relating to charter schools; revising provisions governing charter schools and university schools for profoundly gifted pupils; revising provisions governing the annual reports of school districts and charter schools; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      The Deputy Superintendent for Administrative and Fiscal Services in the Department of Education investigates, inspects and reports on the funds and accounts of school districts. (NRS 385.315) Section 1 of this bill requires the Deputy Superintendent to perform similar duties for the funds and accounts of charter schools and university schools for profoundly gifted pupils.

      The governing body of a charter school is required to appoint a trustee upon closure of the school. (NRS 386.536) Section 2 of this bill provides that the trustee appointed by the governing body is subject to the approval of the sponsor and requires the sponsor to make the appointment if the governing body is not able to do so. Section 2 also provides that if the sponsor of a charter school provides financial compensation to the administrator or person appointed by the governing body, the sponsor may receive reimbursement from the charter school for the costs incurred by the sponsor in providing the financial compensation for a period not to exceed 6 months.

      A charter school that meets certain requirements, including certain financial and performance standards, is eligible for an exemption from an annual performance audit and must instead undergo a performance audit every 3 years. (NRS 386.5515) Section 3 of this bill provides that if such a charter school no longer satisfies the requirements for an exemption or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists, the charter school shall submit to an annual performance audit.

      Existing law provides that upon the request of a parent or legal guardian of a pupil enrolled in a charter school, the board of trustees of the school district in which the charter school is located shall authorize the pupil to participate in a class, extracurricular activity and sports within the school district under certain circumstances. Section 4 of this bill amends existing law to provide for such participation in the school district in which the pupil resides rather than the school district in which the charter school is located. (NRS 386.560)

      The sponsor of a charter school may request, upon completion of each school year, reimbursement from the governing body of the school for the administrative costs associated with sponsorship. The total amount of such administrative costs must not exceed a specified percentage of the total amount of money apportioned to the charter school during the year. (NRS 386.570) Section 5 of this bill revises the schedule of payments for reimbursement of administrative costs from yearly to quarterly and authorizes a charter school to apply for a delay in the payment of a quarterly reimbursement if a financial hardship exists. Section 5 also provides that to determine the maximum amount of administrative costs, the total amount apportioned to the charter school during the year must be adjusted by the final computation of apportionment for the school.

 


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ê2009 Statutes of Nevada, Page 932 (Chapter 234, AB 100)ê

 

      Sections 6 and 9 of this bill revise provisions governing the annual reports of charter schools and school districts. (NRS 386.600, 387.303)

      The Department of Education is required to develop a formula for determining the minimum amount of money that each school district is required to expend each fiscal year for textbooks, instructional supplies and instructional hardware. (NRS 387.206) Section 8 of this bill requires the development of such a formula and minimum expenditures for charter schools.

      Existing law requires the board of trustees of a school district and a college or university within the Nevada System of Higher Education which sponsors a charter school to submit an annual report to the State Board of Education on the evaluation of the progress made by the charter school in achieving its educational goals and objectives. (NRS 386.610) Section 7 of this bill requires an annual report to be made by the Department for each charter school sponsored by the State Board.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 385.315 is hereby amended to read as follows:

      385.315  In addition to his other duties, the Deputy Superintendent for Administrative and Fiscal Services, under the direction of the Superintendent of Public Instruction, shall:

      1.  Investigate any claim against any school fund or [separate] an account established under NRS 354.603 , 386.570 or 392A.083, as applicable, whenever a written protest against the drawing of a warrant, check or order in payment of the claim is filed with the county auditor [.] , the sponsor of the charter school or the Department. If, upon investigation, the Deputy Superintendent finds that any such claim is unearned, illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees , the governing body of the charter school or the governing body of the university school for profoundly gifted pupils who drew or authorized the order for the claim, stating the reasons in writing why the order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his warrant in payment of the claim nor shall the board of trustees , governing body of the charter school or governing body of the university school for profoundly gifted pupils draw a check or order in payment of the claim from [a separate] an account established under NRS 354.603 [.] , 386.570 or 392A.083, as applicable. If the Deputy Superintendent finds that any protested claim is legal and actually due the claimant, he shall authorize the county auditor , [or] the board of trustees , the governing body of the charter school or the governing body of the university school for profoundly gifted pupils, as applicable, to draw his warrant or its check or order on an account established under NRS 354.603 , 386.570 or 392A.083, as applicable, for the claim, and the county auditor , [or] the board of trustees or the appropriate governing body shall immediately draw his warrant or its check or order in payment of the claim.

      2.  Inspect the record books and accounts of boards of trustees, governing bodies of charter schools and governing bodies of university schools for profoundly gifted pupils and enforce the uniform method of keeping the financial records and accounts of school districts [.] , charter schools and university schools for profoundly gifted pupils.

 


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ê2009 Statutes of Nevada, Page 933 (Chapter 234, AB 100)ê

 

      3.  Inspect the school fund accounts of the county auditors of the several counties [,] and report the condition of the funds of any school district to the board of trustees thereof.

      4.  Inspect the [separate] accounts established by :

      (a) The boards of trustees under NRS 354.603 [,] and report the condition of the accounts to the respective boards of county commissioners and county treasurers.

      (b) The governing bodies of charter schools under NRS 386.570 and report the condition of the accounts to the respective sponsors of the charter schools and governing bodies of the charter schools.

      (c) The governing bodies of university schools for profoundly gifted pupils under NRS 392A.083 and report the condition of the accounts to the Board of Regents of the University of Nevada and the respective governing bodies of the university schools.

      Sec. 2.  NRS 386.536 is hereby amended to read as follows:

      386.536  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, if a charter school ceases to operate voluntarily or upon revocation of its written charter, the governing body of the charter school shall appoint an administrator of the charter school , subject to the approval of the sponsor of the charter school, to act as a trustee during the process of the closure of the charter school and for 1 year after the date of closure. The administrator shall assume the responsibility for the records of the:

      (a) Charter school;

      (b) Employees of the charter school; and

      (c) Pupils enrolled in the charter school.

      2.  If an administrator for the charter school is no longer available to carry out the duties set forth in subsection 1, the governing body of the charter school shall appoint a qualified person to assume those duties.

      3.  If the governing body of the charter school ceases to exist or is otherwise unable to appoint an administrator pursuant to subsection 1 or a qualified person pursuant to subsection 2, the sponsor of the charter school shall appoint an administrator or a qualified person to carry out the duties set forth in subsection 1.

      4.  The governing body of the charter school or the sponsor of the charter school may, to the extent practicable, provide financial compensation to the administrator or person appointed [pursuant to subsection 2] to carry out the provisions of this section. If the sponsor of the charter school provides such financial compensation, the sponsor is entitled to receive reimbursement from the charter school for the costs incurred by the sponsor in providing the financial compensation. Such reimbursement must not exceed costs incurred for a period longer than 6 months.

      Sec. 3.  NRS 386.5515 is hereby amended to read as follows:

      386.5515  1.  To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

      (a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) Each financial audit and each performance audit of the charter school required by the Department contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

 


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ê2009 Statutes of Nevada, Page 934 (Chapter 234, AB 100)ê

 

      (c) The charter school has met or exceeded adequate yearly progress as determined pursuant to NRS 385.3613 or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by annual measurable objectives determined by the State Board, for the majority of the years of its operation;

      (d) The charter school offers instruction on a daily basis during the school week of the charter school on the campus of the charter school; and

      (e) At least 75 percent of the pupils enrolled in the charter school who are required to take the high school proficiency examination have passed that examination, if the charter school enrolls pupils at a high school grade level.

      2.  A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without [showing good cause for such a request.] reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school based upon the annual report submitted to the State Board pursuant to NRS 386.610. If the charter school no longer satisfies the requirements of subsection 1 or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit. Such a charter school:

      (a) May, after undergoing the annual performance audit, reapply to the sponsor to determine whether the charter school satisfies the requirements of subsection 1.

      (b) Is not eligible for any available money pursuant to subsection 1 until the sponsor determines that the charter school satisfies the requirements of that subsection.

      3.  A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

      Sec. 4.  NRS 386.560 is hereby amended to read as follows:

      386.560  1.  The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or the Nevada System of Higher Education for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation, the provision of health services for the pupils who are enrolled in the charter school and the provision of school police officers.

      2.  A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.

      3.  The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.

      4.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the [charter school is located] pupil resides shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

 


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ê2009 Statutes of Nevada, Page 935 (Chapter 234, AB 100)ê

 

available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

      (a) Space for the pupil in the class or extracurricular activity is available; and

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

Ê If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to NRS 388.820 to 388.874, inclusive. Such a pupil must comply with NRS 388.858.

      5.  Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the [charter school is located] pupil resides shall authorize the pupil to participate in sports at the public school that he would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:

      (a) Space is available for the pupil to participate; and

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

Ê If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.

      6.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 4 and 5 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or the Nevada Interscholastic Activities Association. If the board of trustees so revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

      Sec. 5.  NRS 386.570 is hereby amended to read as follows:

      386.570  1.  Each pupil who is enrolled in a charter school, including, without limitation, a pupil who is enrolled in a program of special education in a charter school, must be included in the count of pupils in the school district for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory attendance pursuant to NRS 392.070. A charter school is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive. If a charter school receives special education program units directly from this State, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from this State for that purpose.

      2.  All money received by the charter school from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State.

 


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ê2009 Statutes of Nevada, Page 936 (Chapter 234, AB 100)ê

 

bank, credit union or other financial institution in this State. The governing body of a charter school may negotiate with the board of trustees of the school district and the State Board for additional money to pay for services which the governing body wishes to offer.

      3.  Upon completion of [a] each school [year,] quarter, the sponsor of a charter school may request reimbursement from the governing body of the charter school for the administrative costs associated with sponsorship for that school [year] quarter if the sponsor provided administrative services during that school [year.] quarter. The request must include an itemized list of those costs. [Upon] Unless a delay is granted pursuant to subsection 9, upon receipt of such a request, the governing body shall pay the reimbursement to the board of trustees of the school district if the board of trustees sponsors the charter school, to the Department if the State Board sponsors the charter school or to the college or university within the Nevada System of Higher Education if that institution sponsors the charter school. If a governing body fails to pay the reimbursement [,] pursuant to this subsection or pursuant to a plan approved by the Superintendent of Public Instruction in accordance with subsection 9, the charter school shall be deemed to have violated its written charter and the sponsor may take such action to revoke the written charter pursuant to NRS 386.535 as it deems necessary. If the board of trustees of a school district is the sponsor of a charter school, the amount of money that may be paid to the sponsor pursuant to this subsection for administrative expenses in 1 school year must not exceed:

      (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124 [.] , as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

      (b) For any year after the first year of operation of the charter school, 1 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124 [.] , as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

      4.  If the State Board or a college or university within the Nevada System of Higher Education is the sponsor of a charter school, the amount of money that may be paid to the Department or to the institution, as applicable, pursuant to subsection 3 for administrative expenses in 1 school year must not exceed:

      (a) For the first year of operation of the charter school, 2 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124 [.] , as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

      (b) For any year after the first year of operation of the charter school, 1.5 percent of the total amount of money apportioned to the charter school during the year pursuant to NRS 387.124 [.] , as adjusted by the final computation of apportionment pursuant to subsection 4 of NRS 387.1243.

      5.  To determine the amount of money for distribution to a charter school in its first year of operation, the count of pupils who are enrolled in the charter school must initially be determined 30 days before the beginning of the school year of the school district, based on the number of pupils whose applications for enrollment have been approved by the charter school. The count of pupils who are enrolled in the charter school must be revised on the last day of the first school month of the school district in which the charter school is located for the school year, based on the actual number of pupils who are enrolled in the charter school.

 


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ê2009 Statutes of Nevada, Page 937 (Chapter 234, AB 100)ê

 

school is located for the school year, based on the actual number of pupils who are enrolled in the charter school. Pursuant to subsection 5 of NRS 387.124, the governing body of a charter school may request that the apportionments made to the charter school in its first year of operation be paid to the charter school 30 days before the apportionments are otherwise required to be made.

      6.  If a charter school ceases to operate as a charter school during a school year, the remaining apportionments that would have been made to the charter school pursuant to NRS 387.124 for that year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the charter school reside.

      7.  The governing body of a charter school may solicit and accept donations, money, grants, property, loans, personal services or other assistance for purposes relating to education from members of the general public, corporations or agencies. The governing body may comply with applicable federal laws and regulations governing the provision of federal grants for charter schools. The State Board may assist a charter school that operates exclusively for the enrollment of pupils who receive special education in identifying sources of money that may be available from the Federal Government or this State for the provision of educational programs and services to such pupils.

      8.  If a charter school uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the charter school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

      9.  The governing body of a charter school may submit to the Superintendent of Public Instruction a written request to delay a quarterly payment of a reimbursement for the administrative costs that a charter school owes pursuant to this section. The written request must be in the form prescribed by the Superintendent and must include, without limitation, documentation that a financial hardship exists for the charter school and a plan for the payment of the reimbursement. The Superintendent may approve or deny the request and shall notify the governing body and the sponsor of the charter school of the approval or denial of the request.

      Sec. 6.  NRS 386.600 is hereby amended to read as follows:

      386.600  1.  On or before November 15 of each year, the governing body of each charter school shall submit to the sponsor of the charter school, the Superintendent of Public Instruction and the Director of the Legislative Counsel Bureau for transmission to the Majority Leader of the Senate and the Speaker of the Assembly a report that includes:

      (a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.

      (b) [For each licensed employee and nonlicensed teacher employed by the charter school on October 1 of that year:

            (1) The amount of salary of the employee; and

            (2) The designated assignment, as that term is defined by the Department, of the employee.

      (c)] For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions.

 


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ê2009 Statutes of Nevada, Page 938 (Chapter 234, AB 100)ê

 

and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      [(d) The count of pupils who are enrolled in a charter school in:

            (1) Kindergarten;

            (2) Grades 1 to 12, inclusive; and

            (3) Special education pursuant to NRS 388.440 to 388.520, inclusive.

      (e)] (c) The actual expenditures of the charter school in the fiscal year immediately preceding the report.

      [(f)] (d) The proposed expenditures of the charter school for the current fiscal year.

      [(g)] (e) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations.

      [(h)] (f) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

      [(i)] (g) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.

      [(j)] (h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay [,] and the number of employees receiving that pay in the preceding and current fiscal years.

      2.  On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Department of Administration, a compilation of the reports made by each governing body pursuant to subsection 1.

      3.  The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the State Distributive School Account for the preceding year.

      Sec. 7.  NRS 386.610 is hereby amended to read as follows:

      386.610  1.  On or before August 15 of each year, if the State Board, board of trustees of a school district or a college or university within the Nevada System of Higher Education sponsors a charter school, the Department, the board of trustees or the institution, as applicable, shall submit a written report to the State Board. The written report must include:

      (a) An evaluation of the progress of each charter school sponsored by the State Board, the board of trustees or the institution, as applicable, in achieving its educational goals and objectives.

      (b) A description of all administrative support and services provided by the Department, the school district or the institution, as applicable, to the charter school.

 


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ê2009 Statutes of Nevada, Page 939 (Chapter 234, AB 100)ê

 

      2.  The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the Department, the sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.

      Sec. 8.  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 develop or revise, as applicable, a formula for each school district and a formula for each charter school for determining the minimum amount of money that each school district and each charter school is required to expend each fiscal year for textbooks, instructional supplies and instructional hardware. 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 [.] and charter schools.

      2.  Upon approval of the formula pursuant to subsection 1, the Department shall provide written notice to each school district and each charter school within the first 30 days of each fiscal year that sets forth the required minimum combined amount of money that the school district or charter school must expend for textbooks, instructional supplies and instructional hardware for that fiscal year.

      3.  On or before January 1 of each year, the Department shall determine whether each school district and each charter school has expended, during the immediately preceding fiscal year, the required minimum amount of money set forth in the notice provided pursuant to subsection 2. In making this determination, the Department shall use the report submitted by the school district pursuant to NRS 387.303 [.] and the charter school pursuant to NRS 386.600.

      4.  Except as otherwise provided in subsection 5, if the Department determines that a school district or charter school has not expended the required minimum amount of money set forth in the notice provided pursuant to subsection 2, a reduction must be made from the basic support allocation otherwise payable to that school district or charter school in an amount that is equal to the difference between the actual combined expenditure for textbooks, instructional supplies and instructional hardware and the minimum required combined expenditure set forth in the notice provided pursuant to subsection 2. A reduction in the amount of the basic support allocation pursuant to this subsection:

      (a) Does not reduce the amount that the school district or charter school is required to expend on textbooks, instructional supplies 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 or charter school for the fiscal year in which the minimum expenditure amount was not satisfied.

      5.  If the actual enrollment of pupils in a school district is less than the enrollment included in the projections used in the school district’s biennial budget submitted pursuant to NRS 387.303, the required expenditure for textbooks, instructional supplies and instructional hardware pursuant to this section must be reduced proportionately.

 


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ê2009 Statutes of Nevada, Page 940 (Chapter 234, AB 100)ê

 

      6.  If the actual enrollment of pupils in a charter school is less than the enrollment included in the projections used in the charter school’s final budget required pursuant to NRS 386.550, the required expenditure for textbooks, instructional supplies and instructional hardware pursuant to this section must be reduced proportionately.

      Sec. 9.  NRS 387.303 is hereby amended to read as follows:

      387.303  1.  Not later than November 10 of each year, the board of trustees of each school district shall submit to the Superintendent of Public Instruction and the Department of Taxation a report which includes the following information:

      (a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      (b) [The count of pupils computed pursuant to paragraph (a) of subsection 1 of NRS 387.1233.

      (c)] The school district’s actual expenditures in the fiscal year immediately preceding the report.

      [(d)] (c) The school district’s proposed expenditures for the current fiscal year.

      [(e)] (d) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

      [(f)] (e) The number of employees who received an increase in salary pursuant to subsection 2, 3 or 4 of NRS 391.160 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to subsection 2 of NRS 391.160, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.

      [(g)] (f) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

      [(h)] (g) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

      [(i)] (h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

 


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ê2009 Statutes of Nevada, Page 941 (Chapter 234, AB 100)ê

 

      [(j)] (i) The expenditures from the account created pursuant to subsection [3] 4 of NRS 179.1187. The report must indicate the total amount received by the district in the preceding fiscal year [,] and the specific amount spent on books and computer hardware and software for each grade level in the district.

      2.  On or before November 25 of each year, the Superintendent of Public Instruction shall submit to the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Department of Administration, a compilation of the reports made by each school district pursuant to subsection 1.

      3.  In preparing the agency biennial budget request for the State Distributive School Account for submission to the Department of Administration, the Superintendent of Public Instruction:

      (a) Shall compile the information from the most recent compilation of reports submitted pursuant to subsection 2;

      (b) May increase the line items of expenditures or revenues based on merit salary increases and cost of living adjustments or inflation, as deemed credible and reliable based upon published indexes and research relevant to the specific line item of expenditure or revenue;

      (c) May adjust expenditures and revenues pursuant to paragraph (b) for any year remaining before the biennium for which the budget is being prepared and for the 2 years of the biennium covered by the biennial budget request to project the cost of expenditures or the receipt of revenues for the specific line items;

      (d) May consider the cost of enhancements to existing programs or the projected cost of proposed new educational programs, regardless of whether those enhancements or new programs are included in the per pupil basic support guarantee for inclusion in the biennial budget request to the Department of Administration; and

      (e) Shall obtain approval from the State Board for any inflationary increase, enhancement to an existing program or addition of a new program included in the agency biennial budget request.

      4.  The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues of the school districts with the apportionment received by those districts from the State Distributive School Account for the preceding year.

      5.  The request prepared pursuant to subsection 3 must:

      (a) Be presented by the Superintendent of Public Instruction to such standing committees of the Legislature as requested by the standing committees for the purposes of developing educational programs and providing appropriations for those programs; and

      (b) Provide for a direct comparison of appropriations to the proposed budget of the Governor submitted pursuant to subsection 4 of NRS 353.230.

      Sec. 10.  NRS 392A.083 is hereby amended to read as follows:

      392A.083  1.  Each pupil who is enrolled in a university school for profoundly gifted pupils, including, without limitation, a pupil who is enrolled in a program of special education in a university school for profoundly gifted pupils, must be included in the count of pupils in the school district in which the school is located for the purposes of apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, unless the pupil is exempt from compulsory school attendance pursuant to NRS 392.070.

 


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ê2009 Statutes of Nevada, Page 942 (Chapter 234, AB 100)ê

 

      2.  A university school for profoundly gifted pupils is entitled to receive its proportionate share of any other money available from federal, state or local sources that the school or the pupils who are enrolled in the school are eligible to receive.

      3.  If a university school for profoundly gifted pupils receives money for special education program units directly from this State, the amount of money for special education that the school district pays to the university school for profoundly gifted pupils may be reduced proportionately by the amount of money the university school received from this State for that purpose.

      4.  All money received by a university school for profoundly gifted pupils from this State or from the board of trustees of a school district must be deposited in an account with a bank, credit union or other financial institution in this State.

      5.  The governing body of a university school for profoundly gifted pupils may negotiate with the board of trustees of the school district in which the school is located or the State Board for additional money to pay for services that the governing body wishes to offer.

      6.  To determine the amount of money for distribution to a university school for profoundly gifted pupils in its first year of operation in which state funding is provided, the count of pupils who are enrolled in the university school must initially be determined 30 days before the beginning of the school year of the school district in which the university school is located, based upon the number of pupils whose applications for enrollment have been approved by the university school. The count of pupils who are enrolled in a university school for profoundly gifted pupils must be revised on the last day of the first school month of the school district in which the university school is located for the school year, based upon the actual number of pupils who are enrolled in the university school.

      7.  Pursuant to subsection 6 of NRS 387.124, the governing body of a university school for profoundly gifted pupils may request that the apportionments made to the university school in its first year of operation be paid to the university school 30 days before the apportionments are otherwise required to be made.

      8.  If a university school for profoundly gifted pupils ceases to operate pursuant to this chapter during a school year, the remaining apportionments that would have been made to the university school pursuant to NRS 387.124 for that school year must be paid on a proportionate basis to the school districts where the pupils who were enrolled in the university school reside.

      9.  If the governing body of a university school for profoundly gifted pupils uses money received from this State to purchase real property, buildings, equipment or facilities, the governing body of the university school shall assign a security interest in the property, buildings, equipment and facilities to the State of Nevada.

      Sec. 11.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 943ê

 

CHAPTER 235, AB 101

Assembly Bill No. 101–Committee on Health and Human Services

 

CHAPTER 235

 

AN ACT relating to the support of children; authorizing each county in this State to participate in the Program for the Enforcement of Child Support; requiring each county that participates in the Program to pay the cost of the Program in that county; revising certain provisions governing the administration and enforcement of the Program; deleting provisions relating to the placement and confidentiality of certain records concerning the support of a dependent child; revising provisions governing a review by a district court of certain recommendations of a master; revising provisions governing the failure of an employer to deliver money that is withheld from the income of an employee for child support; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill authorizes each county in this State to participate in the Program for the Enforcement of Child Support created under federal law. If a county participates in the Program, the county must pay for the cost of the Program in that county. Section 1 also authorizes a county that participates in the Program to withdraw from the Program after providing a notice of withdrawal to the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      Section 3 of this bill specifies that the Administrator of the Division or his designee is responsible for and is required to supervise the Program. (NRS 425.365)

      Sections 5, 7, 10, 14 and 15 of this bill specify that the approval by a district court of a recommendation made by a master concerning the support of a dependent child must be made in accordance with certain procedural requirements. (NRS 425.382, 425.383, 425.3836, 425.540)

      Sections 6, 11, 12, 19 and 21 of this bill delete provisions of existing law that require a master, after making a recommendation for the support of a dependent child, or a district court to ensure that the social security numbers of the parents or legal guardians of the child and the person to whom support is paid are placed in the records relating to the matter and remain confidential. (NRS 425.3828, 425.3844, 425.3855, 125.230, 125B.055)

      Section 8 of this bill authorizes a master who conducts a hearing relating to the support of a dependent child to conduct the hearing by telephone or by any audiovisual or other electronic means outside the judicial district in which the master is appointed. (NRS 425.3832)

      Section 9 of this bill provides that if a district court reviews a recommendation of a master concerning the support of a dependent child, the review must be conducted on the record of the case before the master unless the district court, in extraordinary circumstances as determined by the district court, grants a trial de novo. (NRS 425.3834)

      Under existing law, a master who makes a recommendation concerning the support of a dependent child must furnish the recommendation to each party in the case before the master. Each party may then file an objection to the recommendation within 10 days after receiving the recommendation. If a notice of objection is not filed, the district court must accept the recommendation and may enter judgment thereon. Section 11 of this bill provides that if a notice of objection is not filed, the recommendation of the master shall be deemed approved by the district court and the clerk of the court may file the recommendation. (NRS 425.3844)

 


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ê2009 Statutes of Nevada, Page 944 (Chapter 235, AB 101)ê

 

      Section 13 of this bill provides that a financial institution which is doing business in Nevada and which receives notification of a lien against a responsible parent from an agency for the enforcement of child support located in another state is required to encumber all assets held by the financial institution on behalf of the responsible parent and surrender those assets upon the enforcement of the lien. Section 13 also provides immunity from liability for the agency located in another state for disclosing information and providing assets to certain other persons. (NRS 425.460)

      Sections 16 and 17 of this bill set forth penalties that may be imposed against an employer who refuses or intentionally fails to deliver to the appropriate enforcing authority any money that the employer is required to withhold from an employee’s wages for child support owed by the employee. The penalties include, without limitation, the payment of punitive damages to the person to whom the child support is owed. (NRS 31A.095, 31A.120)

      Section 18 of this bill deletes provisions of existing law that require a court that grants a decree of divorce to ensure that the social security numbers of both parties to the decree are provided to the Division. (NRS 125.130)

      Section 22 of this bill revises provisions governing the amounts paid by a parent for medical support for a child pursuant to a court order requiring the payment of that support. (NRS 125B.085)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 425 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each county may participate in the Program. If a county participates in the Program, the county shall pay the cost of the Program in that county. Any services provided by the county under the Program must be provided in accordance with:

      (a) Part D of Title IV of the Social Security Act, 42 U.S.C. §§ 651 et seq., and any regulations adopted pursuant thereto;

      (b) Any regulations adopted pursuant to NRS 425.365; and

      (c) A contract entered into with the Division for that purpose.

      2.  If a county participates in the Program pursuant to subsection 1, the county may, on or before September 1 of each even-numbered year, elect to withdraw from the Program by submitting a notice of withdrawal to the Division. If a county submits a notice of withdrawal pursuant to this subsection, the withdrawal becomes effective on July 1 of the next following year.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 425.365 is hereby amended to read as follows:

      425.365  1.  The Administrator or his designee is responsible for and shall supervise the Program, subject to administrative supervision by the Director of the Department of Health and Human Services.

      2.  The Administrator may adopt such regulations and take such actions as are necessary to carry out the provisions of this chapter.

      Sec. 4.  NRS 425.370 is hereby amended to read as follows:

      425.370  Subject to administrative supervision by the Director of the Department of Health and Human Services pursuant to NRS 425.365:

      1.  Whenever the Division provides public assistance on behalf of a child, the Division and the prosecuting attorney shall take appropriate action to carry out the Program with regard to that child.

 


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ê2009 Statutes of Nevada, Page 945 (Chapter 235, AB 101)ê

 

      2.  As to any other child, the Division and the prosecuting attorney shall, when such action is required by the Social Security Act , [(] 42 U.S.C. §§ 301 et seq. , [),] take appropriate action to carry out the Program.

      Sec. 5.  NRS 425.382 is hereby amended to read as follows:

      425.382  1.  Except as otherwise provided in NRS 425.346, the Chief may proceed pursuant to NRS 425.3822 to 425.3852, inclusive, after:

      (a) Payment of public assistance by the Division; or

      (b) Receipt of a request for services to carry out the Program.

      2.  Subject to approval by the district court [,] pursuant to NRS 425.3844, a master may:

      (a) Take any action authorized pursuant to chapter 130 of NRS, including any of the actions described in subsection 2 of NRS 130.305.

      (b) Except as otherwise provided in chapter 130 of NRS and NRS 425.346:

            (1) Issue and enforce an order for the support of a dependent child, and modify or adjust such an order in accordance with NRS 125B.145;

            (2) Require coverage for health care of a dependent child;

            (3) Establish paternity;

            (4) Order a responsible parent to comply with an order for the support of a dependent child, specifying the amount and the manner of compliance;

            (5) Order the withholding of income;

            (6) Determine the amount of any arrearages and specify a method of payment;

            (7) Enforce orders by civil or criminal contempt, or both;

            (8) Set aside property for satisfaction of an order for the support of a dependent child;

            (9) Place liens and order execution on the property of the responsible parent;

            (10) Order a responsible parent to keep the master informed of his current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

            (11) Issue a bench warrant for a responsible parent who has failed after proper notice to appear at a hearing ordered by the master and enter the bench warrant in any local and state computer system for criminal warrants;

            (12) Order the responsible parent to seek appropriate employment by specified methods;

            (13) Order the responsible parent to participate in a program intended to resolve issues that prevent the responsible parent from obtaining employment, including, without limitation, a program for the treatment of substance abuse or a program to address mental health issues;

            (14) Upon the request of the Division, require a responsible parent to:

                  (I) Pay any support owed in accordance with a plan approved by the Division; or

                  (II) Participate in such work activities, as that term is defined in 42 U.S.C. § 607(d), as the Division deems appropriate;

            (15) Award reasonable attorney’s fees and other fees and costs; and

            (16) Grant any other available remedy.

      Sec. 6.  NRS 425.3828 is hereby amended to read as follows:

      425.3828  1.  If a written response setting forth objections and requesting a hearing is received by the office issuing the notice and finding of financial responsibility within the specified period, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail.

 


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ê2009 Statutes of Nevada, Page 946 (Chapter 235, AB 101)ê

 

of financial responsibility within the specified period, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the parent by regular mail.

      2.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall:

      (a) Include in that recommendation:

            (1) If the paternity of the dependent child is established by the recommendation, a declaration of that fact.

            (2) The amount of monthly support to be paid, including directions concerning the manner of payment.

            (3) The amount of arrearages owed.

            (4) Whether coverage for health care must be provided for the dependent child.

            (5) Any requirements to be imposed pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 [,] regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

            (6) The names of the parents or legal guardians of the child.

            (7) The name of the person to whom, and the name and date of birth of the dependent child for whom , support is to be paid.

            (8) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

            (9) A statement that objections to the recommendation may be filed with the district court and served upon the other party within 10 days after receipt of the recommendation.

      (b) Ensure that the social security numbers of the parents or legal guardians of the child and the person to whom support is to be paid are [:

            (1) Provided] provided to the enforcing authority.

            [(2) Placed in the records relating to the matter and, except as otherwise required to carry out the provisions of NRS 239.0115 or any other specific statute, maintained in a confidential manner.]

      3.  The parent must be sent a copy of the recommendation for the support of a dependent child by regular mail addressed to the last known address of the parent, or if applicable, the last known address of the attorney for the parent.

      4.  The recommendation for the support of a dependent child is final upon approval by the district court pursuant to NRS 425.3844. The Chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

      5.  If a written response and request for hearing is not received by the office issuing the notice and finding of financial responsibility within the specified period, and the master enters a recommendation for the support of a dependent child, the court may grant relief from the recommendation on the grounds set forth in paragraph (b) of Rule 60 of the Nevada Rules of Civil Procedure.

      Sec. 7.  NRS 425.383 is hereby amended to read as follows:

      425.383  1.  After the entry of a recommendation for the support of a dependent child by the master that has been approved by the district court [,] pursuant to NRS 425.3844, or after entry of an order for the support of a dependent child by a district court regarding which the Chief is authorized to proceed pursuant to NRS 425.382 to 425.3852, inclusive, the responsible parent, the person entitled to support or the enforcing authority may move for the amount of the child support being enforced to be modified or adjusted in accordance with NRS 125B.145.

 


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ê2009 Statutes of Nevada, Page 947 (Chapter 235, AB 101)ê

 

pursuant to NRS 425.3844, or after entry of an order for the support of a dependent child by a district court regarding which the Chief is authorized to proceed pursuant to NRS 425.382 to 425.3852, inclusive, the responsible parent, the person entitled to support or the enforcing authority may move for the amount of the child support being enforced to be modified or adjusted in accordance with NRS 125B.145.

      2.  The motion must:

      (a) Be in writing.

      (b) Set out the reasons for the modification or adjustment.

      (c) State the address of the moving party.

      (d) Be served by the moving party upon the responsible parent or the person entitled to support, as appropriate, by first-class mail to the last known address of that person.

      3.  The moving party shall mail or deliver a copy of the motion and the original return of service to the Chief.

      4.  The Chief shall set the matter for a hearing within 30 days after the date of receipt of the motion unless a stipulated agreement between the parties is reached. The Chief shall send to the parties and person with physical custody of the dependent child a notice of the hearing by first-class mail to the last known address of those persons.

      5.  A motion for modification or adjustment requested pursuant to this section does not prohibit the Chief from enforcing and collecting upon the existing order for support of a dependent child unless so ordered by the district court.

      6.  The only support payments that may be modified or adjusted pursuant to this section are monthly support payments that:

      (a) A court of this State has jurisdiction to modify pursuant to chapter 130 of NRS; and

      (b) Accrue after the moving party serves notice that a motion has been filed for modification or adjustment.

      7.  The party requesting the modification or adjustment has the burden of showing a change of circumstances and good cause for the modification or adjustment, unless the request is filed in accordance with subsection 1 of NRS 125B.145.

      Sec. 8.  NRS 425.3832 is hereby amended to read as follows:

      425.3832  1.  Except as otherwise provided in this chapter, a hearing conducted pursuant to NRS 425.382 to 425.3852, inclusive, must be conducted in accordance with the provisions of this section by a qualified master appointed pursuant to NRS 425.381.

      2.  Subpoenas may be issued by:

      (a) The master.

      (b) The attorney of record for the office.

Ê Obedience to the subpoena may be compelled in the same manner as provided in chapter 22 of NRS. A witness appearing pursuant to a subpoena, other than a party or an officer or employee of the Chief, is entitled to receive the fees and payment for mileage prescribed for a witness in a civil action.

      3.  Except as otherwise provided in this section, the master need not observe strict rules of evidence [,] but shall apply those rules of evidence prescribed in NRS 233B.123.

      4.  The affidavit of any party who resides outside of the judicial district is admissible as evidence regarding the duty of support, any arrearages and the establishment of paternity.

 


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ê2009 Statutes of Nevada, Page 948 (Chapter 235, AB 101)ê

 

the establishment of paternity. The master may continue the hearing to allow procedures for discovery regarding any matter set forth in the affidavit.

      5.  The physical presence of a person seeking the establishment, enforcement, modification or adjustment of an order for the support of a dependent child or the establishment of paternity is not required.

      6.  A verified petition, an affidavit, a document substantially complying with federally mandated forms and a document incorporated by reference in any of them, not excluded under NRS 51.065 if given in person, is admissible in evidence if given under oath by a party or witness residing outside of the judicial district.

      7.  A copy of the record of payments for the support of a dependent child, certified as a true copy of the original by the custodian of the record, may be forwarded to the master. The copy is evidence of facts asserted therein and is admissible to show whether payments were made.

      8.  Copies of bills for testing for paternity, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 20 days before the hearing, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

      9.  Documentary evidence transmitted from outside of the judicial district by telephone, telecopier or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.

      10.  The master may [permit] :

      (a) Conduct a hearing by telephone, audiovisual means or other electronic means outside of the judicial district in which he is appointed.

      (b) Permit a party or witness residing outside of the judicial district to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location outside of the judicial district.

Ê The master shall cooperate with courts outside of the judicial district in designating an appropriate location for the hearing, deposition or testimony.

      11.  If a party called to testify at a hearing refuses to answer a question on the ground that the testimony may be self-incriminating, the master may draw an adverse inference from the refusal.

      12.  A privilege against the disclosure of communications between husband and wife does not apply.

      13.  The defense of immunity based on the relationship of husband and wife or parent and child does not apply.

      Sec. 9.  NRS 425.3834 is hereby amended to read as follows:

      425.3834  1.  Upon issuance by a district court of an order approving a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, the Chief shall enforce and collect upon the order, including arrearages.

      2.  A recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, is final upon approval by the district court pursuant to NRS 425.3844. Upon such approval, the recommendation is in full force and effect while any judicial review is pending unless the recommendation is stayed by the district court.

      3.  The district court may review [, pursuant to the rules adopted therefor by the district judges of the judicial district in which the court is located,] a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive.

 


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ê2009 Statutes of Nevada, Page 949 (Chapter 235, AB 101)ê

 

located,] a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive. If a review is conducted, the district court:

      (a) Shall, except as otherwise provided in paragraph (b), review the recommendation on the record of the case before the master.

      (b) May, in extraordinary circumstances as determined by the district court, grant a trial de novo.

      Sec. 10.  NRS 425.3836 is hereby amended to read as follows:

      425.3836  1.  After the issuance of an order for the support of a dependent child by a court, the Chief may issue a notice of intent to enforce the order. The notice must be served upon the responsible parent in the manner prescribed for service of summons in a civil action or mailed to the responsible parent by certified mail, restricted delivery, with return receipt requested.

      2.  The notice must include:

      (a) The names of the person to whom support is to be paid and the dependent child for whom support is to be paid.

      (b) The amount of monthly support the responsible parent is required to pay by the order for support.

      (c) A statement of the arrearages owed pursuant to the order for support.

      (d) A demand that the responsible parent make full payment to the enforcing authority within 14 days after the receipt or service of the notice.

      (e) A statement that the responsible parent may be required to provide coverage for the health care of the dependent child when coverage is available to the parent at a reasonable cost.

      (f) A statement of any requirements the Division will request pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 [,] regarding a plan for the payment of support by the responsible parent or the participation of the responsible parent in work activities.

      (g) A statement that if the responsible parent objects to any part of the notice of intent to enforce the order, he must send to the office that issued the notice a written response within 14 days after the date of receipt of service that sets forth any objections and includes a request for a hearing.

      (h) A statement that if full payment is not received within 14 days or a hearing has not been requested in the manner provided in paragraph (g), the Chief is entitled to enforce the order and that the property of the responsible parent is subject to an attachment or other procedure for collection, including, but not limited to, withholding of wages, garnishment, liens and execution on liens.

      (i) A reference to NRS 425.382 to 425.3852, inclusive.

      (j) A statement that the responsible parent is responsible for notifying the office of any change of address or employment.

      (k) A statement that if the responsible parent has any questions, he may contact the appropriate office or consult an attorney.

      (l) Such other information as the Chief finds appropriate.

      3.  If a written response setting forth objections and requesting a hearing is received within the specified period by the office issuing the notice of intent to enforce the order, a hearing must be held pursuant to NRS 425.3832 and notice of the hearing must be sent to the responsible parent by regular mail. If a written response and request for hearing is not received within the specified period by the office issuing the notice, the master may enter a recommendation for the support of a dependent child in accordance with the notice and shall include in that recommendation:

 


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ê2009 Statutes of Nevada, Page 950 (Chapter 235, AB 101)ê

 

      (a) The amount of monthly support to be enforced, including directions concerning the manner of payment.

      (b) The amount of arrearages owed and the manner of payment.

      (c) Whether coverage for health care must be provided for the dependent child.

      (d) Any requirements to be imposed pursuant to subparagraph (14) of paragraph (b) of subsection 2 of NRS 425.382 [,] regarding a plan for the payment of support by the parent or the participation of the parent in work activities.

      (e) A statement that the property of the parent is subject to an attachment or other procedure for collection, including, but not limited to, the withholding of wages, garnishment, liens and execution on liens.

      4.  After the district court approves the recommendation for the support of a dependent child, the recommendation is final. The Chief may take action to enforce and collect upon the order of the court approving the recommendation, including arrearages, from the date of the approval of the recommendation.

      5.  This section does not prevent the Chief from using other available remedies for the enforcement of an obligation for the support of a dependent child at any time.

      6.  The master may hold a hearing to enforce a recommendation for the support of a dependent child after the recommendation has been entered and approved by the district court [.] pursuant to NRS 425.3844. The master may enter a finding that the parent has not complied with the order of the court and may recommend to the district court that the parent be held in contempt of court. The finding and recommendation is effective upon review and approval of the district court.

      Sec. 11.  NRS 425.3844 is hereby amended to read as follows:

      425.3844  1.  A recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, must be furnished to each party or his attorney at the conclusion of the proceedings or as soon thereafter as possible.

      2.  Within 10 days after receipt of the recommendation, any party may file with the district court and serve upon the other parties a notice of objection to the recommendation. The notice must include:

      (a) A copy of the master’s recommendation;

      (b) The results of any blood tests or tests for genetic identification examined by the master;

      (c) A concise statement setting forth the reasons that the party disagrees with the master’s recommendation, including any affirmative defenses that must be pleaded pursuant to the Nevada Rules of Civil Procedure;

      (d) A statement of the relief requested;

      (e) The notice and finding of financial responsibility if the Chief issued such a notice and finding; and

      (f) Any other relevant documents.

      3.  [The district court shall:

      (a)] If , within 10 days after receipt of the recommendation, a notice of objection is [not] :

      (a) Not filed, [accept] the recommendation entered by the master [, including a recommendation establishing paternity, unless clearly erroneous,] shall be deemed approved by the district court, and the clerk of the district court may file the recommendation pursuant to subsection 7 and judgment may be entered thereon; or

 


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ê2009 Statutes of Nevada, Page 951 (Chapter 235, AB 101)ê

 

shall be deemed approved by the district court, and the clerk of the district court may file the recommendation pursuant to subsection 7 and judgment may be entered thereon; or

      (b) [If a notice of objection is filed within the 10-day period,] Filed, the district court shall review the matter pursuant to NRS 425.3834.

      4.  A party who receives a notice of objection pursuant to subsection 2 is not required to file an answer to that notice. The district court shall review each objection contained in the notice.

      5.  If a notice of objection includes an objection to a recommendation establishing paternity, the enforcement of any obligation for the support of the child recommended by the master must, upon the filing and service of the notice, be stayed until the district court rules upon the determination of paternity. The obligation for the support of the child continues to accrue during the consideration of the determination of paternity and must be collected as arrears after the completion of the trial if the court approves the recommendation of the master.

      6.  If a recommendation entered by a master , [pursuant to NRS 425.382 to 425.3852, inclusive,] including a recommendation establishing paternity, is deemed approved by the district court pursuant to paragraph (a) of subsection 3 and the recommendation modifies or adjusts a previous order for support issued by any district court in this State, that district court [shall review the recommendation and approve or reject the recommendation issued] must be notified of the recommendation by the master.

      7.  Upon approval by the district court of a recommendation entered by a master pursuant to NRS 425.382 to 425.3852, inclusive, including a recommendation establishing paternity, a copy of the recommendation, with the approval of the court endorsed thereon, must be filed:

      (a) In the office of the clerk of the district court;

      (b) If the order of the district court approving the recommendation of the master modifies or adjusts a previous order issued by any district court in this State, with the original order in the office of the clerk of that district court; and

      (c) With any court that conducts a proceeding related thereto pursuant to the provisions of chapter 130 of NRS.

      8.  A district court that approves a recommendation pursuant to this section shall ensure that, before the recommendation is filed pursuant to subsection 7, the social security numbers of the parents or legal guardians of the child are [:

      (a) Provided] provided to the enforcing authority.

      [(b) Placed in the records relating to the matter and, except as otherwise required to carry out the provisions of NRS 239.0115 or any other specific statute, maintained in a confidential manner.]

      9.  Upon the approval and filing of the recommendation as provided in subsection 7, the recommendation has the force, effect and attributes of an order or decree of the district court, including, but not limited to, enforcement by supplementary proceedings, contempt of court proceedings, writs of execution, liens and writs of garnishment.

      Sec. 12.  NRS 425.3855 is hereby amended to read as follows:

      425.3855  A district court that enters an order pursuant to NRS 425.382 to 425.3852, inclusive, or an order approving a recommendation for the support of a dependent child made by a master shall ensure that the social security numbers of the parents or legal guardians of the child are [:

 


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ê2009 Statutes of Nevada, Page 952 (Chapter 235, AB 101)ê

 

      1.  Provided] provided to the enforcing authority.

      [2.  Placed in the records relating to the matter and, except as otherwise required to carry out the provisions of NRS 239.0115 or any other specific statute, maintained in a confidential manner.]

      Sec. 13.  NRS 425.460 is hereby amended to read as follows:

      425.460  1.  The Administrator shall enter into agreements with financial institutions doing business in this State to coordinate the development and operation of a system for matching data, using automated exchanges of data to the maximum extent feasible.

      2.  A financial institution doing business in this State shall:

      (a) Cooperate with the Administrator in carrying out subsection 1.

      (b) Use the system to provide to the Division for each calendar quarter the name, address of record, social security number or other number assigned for taxpayer identification, and other identifying information for each responsible parent who maintains an account at the financial institution, as identified by the Division by name and social security number or other number assigned for taxpayer identification.

      (c) In response to the receipt from the Division or an agency for the enforcement of child support located in another state of:

            (1) Notification of a lien against a responsible parent which:

                  (I) Arises pursuant to NRS 125B.142; or

                  (II) Is entitled to full faith and credit pursuant to NRS 125B.144,

Ê encumber [such] all assets held by the financial institution on behalf of the responsible parent [as may be required by the Chief.] and surrender those assets upon the enforcement of the lien pursuant to those sections.

            (2) A notice of attachment pursuant to subsection 2 of NRS 425.470, surrender to the Chief such assets held by the financial institution on behalf of the responsible parent as may be required by the Chief.

      (d) Except as otherwise provided in paragraph (c), in response to the receipt of notice of a lien which is entitled to full faith and credit pursuant to NRS 125B.144 or notice of a levy on such a lien, encumber or surrender, as the case may be, such assets held by the financial institution on behalf of the responsible parent as may be required to enforce the lien.

Ê A financial institution doing business in this State which receives from the Division or an agency for the enforcement of child support located in another state a notice of lien, notice of attachment or notice of levy on a lien is not required to encumber or surrender any assets received by the financial institution on behalf of the responsible parent after the financial institution received the notice of lien, notice of attachment or notice of levy on a lien.

      3.  A financial institution may not be held liable in any civil or criminal action for:

      (a) Any disclosure of information to the Division or an agency for the enforcement of child support located in another state pursuant to this section.

      (b) Encumbering or surrendering any assets held by the financial institution pursuant to this section.

      (c) Any other action taken in good faith to comply with the requirements of this section.

      4.  If a court issues an order to return to a responsible parent any assets surrendered by a financial institution pursuant to subsection 2, the Division or an agency for the enforcement of child support located in another state is not liable to the responsible parent for any of those assets that have been provided to another person or agency in accordance with the order for the payment of support.

 


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ê2009 Statutes of Nevada, Page 953 (Chapter 235, AB 101)ê

 

is not liable to the responsible parent for any of those assets that have been provided to another person or agency in accordance with the order for the payment of support.

      Sec. 14.  NRS 425.540 is hereby amended to read as follows:

      425.540  1.  If a master enters a recommendation determining that a person:

      (a) Has 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) Is in arrears in the payment for the support of one or more children,

Ê and the district court issues an order approving the recommendation of the master [,] pursuant to NRS 425.3844, the court shall provide a copy of the order to all agencies that issue professional, occupational or recreational licenses, certificates or permits.

      2.  A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional, occupational or recreational license, certificate or permit to that person a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, the professional, occupational or recreational licenses issued to the person by that agency will be automatically suspended. Such an order must not apply to a license, certificate or permit issued by the Department of Wildlife or the State Land Registrar if that license, certificate or permit expires less than 6 months after it is issued.

      3.  If a court issues an order pursuant to subsection 1, the district attorney or other public agency shall send a notice by first-class mail to the person who is subject to the order. The notice must include:

      (a) If the person has failed to comply with a subpoena or warrant, a copy of the court order and a copy of the subpoena or warrant; or

      (b) If the person is in arrears in the payment for the support of one or more children:

            (1) A copy of the court order;

            (2) A statement of the amount of the arrearage; and

            (3) A statement of the action that the person may take to satisfy the arrearage pursuant to NRS 425.560.

      Sec. 15.  NRS 425.540 is hereby amended to read as follows:

      425.540  1.  If a master enters a recommendation determining that a person who is issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS:

      (a) Has 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) Is in arrears in the payment for the support of one or more children,

Ê and the district court issues an order approving the recommendation of the master [,] pursuant to NRS 425.3844, the court shall provide a copy of the order to all agencies that issue professional or occupational licenses, certificates or permits pursuant to title 54 of NRS.

      2.  A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional or occupational license, certificate or permit pursuant to title 54 of NRS to that person a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to the person by that agency will be automatically suspended.

 


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ê2009 Statutes of Nevada, Page 954 (Chapter 235, AB 101)ê

 

person a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, any professional or occupational license, certificate or permit issued pursuant to title 54 of NRS to the person by that agency will be automatically suspended.

      3.  If a court issues an order pursuant to subsection 1, the district attorney or other public agency shall send a notice by first-class mail to the person who is subject to the order. The notice must include:

      (a) If the person has failed to comply with a subpoena or warrant, a copy of the court order and a copy of the subpoena or warrant; or

      (b) If the person is in arrears in the payment for the support of one or more children:

            (1) A copy of the court order;

            (2) A statement of the amount of the arrearage; and

            (3) A statement of the action that the person may take to satisfy the arrearage pursuant to NRS 425.560.

      Sec. 16.  NRS 31A.095 is hereby amended to read as follows:

      31A.095  1.  If an employer [wrongfully] :

      (a) Wrongfully refuses to withhold income as required pursuant to NRS 31A.025 to 31A.190, inclusive, after receiving a notice to withhold income that was sent by certified mail pursuant to subsection 2 of NRS 31A.070 [,] ;

      (b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.080; or [knowingly]

      (c) Knowingly misrepresents the income of an employee,

Ê the enforcing authority may apply for and the court may issue an order directing the employer to appear and show cause why he should not be subject to the penalty prescribed in subsection 2 of NRS 31A.120.

      2.  At the hearing on the order to show cause, the court, upon a finding that the employer wrongfully refused to withhold income as required , refused or intentionally failed to deliver money to the enforcing authority as required or knowingly misrepresented an employee’s income:

      (a) May order the employer to comply with the requirements of NRS 31A.025 to 31A.190, inclusive;

      (b) May order the employer to provide accurate information concerning the employee’s income;

      (c) May fine the employer pursuant to subsection 2 of NRS 31A.120; and

      (d) Shall require the employer to pay the amount the employer failed or refused to withhold from the obligor’s income [.] or refused or intentionally failed to deliver to the enforcing authority.

      Sec. 17.  NRS 31A.120 is hereby amended to read as follows:

      31A.120  1.  It is unlawful for an employer to use the withholding of income to collect an obligation of support as a basis for refusing to hire a potential employee, discharging the employee or taking disciplinary action against him. Any employer who violates this section shall hire or reinstate the employee with no loss of pay or benefits, is liable for any payments of support not withheld [,] and shall be fined $1,000. If an employee prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.

      2.  If an employer [wrongfully] :

      (a) Wrongfully refuses to withhold from the income of an obligor as required pursuant to NRS 31A.025 to 31A.190, inclusive [,] ;

 


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ê2009 Statutes of Nevada, Page 955 (Chapter 235, AB 101)ê

 

      (b) Refuses or intentionally fails to deliver to the enforcing authority any money required pursuant to NRS 31A.080; or [knowingly]

      (c) Knowingly misrepresents the income of the employee,

Ê he shall pay the amount he refused to withhold or refused or intentionally failed to deliver to the enforcing authority and may be ordered to pay punitive damages to the person to whom support is owed in an amount not to exceed $1,000 for each pay period he failed to withhold income as required , refused or intentionally failed to deliver money to the enforcing authority as required or knowingly misrepresented the income of the employee.

      Sec. 18.  NRS 125.130 is hereby amended to read as follows:

      125.130  1.  A judgment or decree of divorce granted pursuant to the provisions of this chapter is a final decree.

      2.  Whenever a decree of divorce from the bonds of matrimony is granted in this State by a court of competent authority, the decree fully and completely dissolves the marriage contract as to both parties.

      3.  A court that grants a decree of divorce pursuant to the provisions of this section shall ensure that the social security numbers of both parties are [:

      (a) Provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (b) Placed] placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      4.  In all suits for divorce, if a divorce is granted, the court may, for just and reasonable cause and by an appropriate order embodied in its decree, change the name of the wife to any former name which she has legally borne.

      Sec. 19.  NRS 125.230 is hereby amended to read as follows:

      125.230  1.  The court in such actions may make such preliminary and final orders as it may deem proper for the custody, control and support of any minor child or children of the parties.

      2.  A court that enters an order pursuant to subsection 1 for the support of any minor child or children shall ensure that the social security numbers of the parties are [:

      (a) Provided] provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      [(b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.]

      Sec. 20.  (Deleted by amendment.)

      Sec. 21.  NRS 125B.055 is hereby amended to read as follows:

      125B.055  1.  A court that, on or after October 1, 1998, issues or modifies an order in this State for the support of a child shall [:

      (a) Obtain] obtain and provide to the Division of Welfare and Supportive Services of the Department of Health and Human Services such information regarding the order as the Division of Welfare and Supportive Services determines is necessary to carry out the provisions of 42 U.S.C. § 654a.

      [(b) Ensure that the social security numbers of the child and the parents of the child are placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.]

      2.  Within 10 days after a court of this State issues an order for the support of a child, each party to the cause of action shall file with the [court that issued the order and the] Division of Welfare and Supportive Services:

 


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ê2009 Statutes of Nevada, Page 956 (Chapter 235, AB 101)ê

 

      (a) His social security number;

      (b) His residential and mailing addresses;

      (c) His telephone number;

      (d) His driver’s license number; and

      (e) The name, address and telephone number of his employer.

Ê Each party shall update the information filed with the [court and the] Division of Welfare and Supportive Services pursuant to this subsection within 10 days after that information becomes inaccurate.

      3.  The Division of Welfare and Supportive Services shall adopt regulations specifying the particular information required to be provided pursuant to subsection 1 to carry out the provisions of 42 U.S.C. § 654a.

      Sec. 22.  NRS 125B.085 is hereby amended to read as follows:

      125B.085  1.  Except as otherwise provided in NRS 125B.012, every court order for the support of a child issued or modified in this State on or after June 2, 2007, must include a provision specifying that one or both parents are required to provide medical support for the child and any details relating to that requirement.

      2.  As used in this section, “medical support” includes, without limitation, coverage for health care under a plan of insurance [,] that is reasonable in cost and accessible, including, without limitation, the payment of any premium, copayment or deductible and the payment of medical expenses. For the purpose of this subsection:

      (a) Payments of cash for medical support or the costs of coverage for health care under a plan of insurance are “reasonable in cost” if:

            (1) In the case of payments of cash for medical support, the cost to each parent who is responsible for providing medical support is not more than 5 percent of the gross monthly income of the parent; or

            (2) In the case of the costs of coverage for health care under a plan of insurance, the cost of adding a dependent child to any existing coverage for health care or the difference between individual and family coverage, whichever is less, is not more than 5 percent of the gross monthly income of the parent.

      (b) Coverage for health care under a plan of insurance is “accessible” if the plan:

            (1) Is not limited to coverage within a geographical area; or

            (2) Is limited to coverage within a geographical area and the child resides within that geographical area.

      Sec. 23.  (Deleted by amendment.)

      Sec. 24.  1.  This section and sections 1 to 14, inclusive, and 16 to 23, inclusive, of this act become effective on October 1, 2009.

      2.  Section 14 of this act expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.

      3.  Section 15 of this act becomes effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.

________

 


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ê2009 Statutes of Nevada, Page 957ê

 

CHAPTER 236, AB 109

Assembly Bill No. 109–Committee on Transportation

 

CHAPTER 236

 

AN ACT relating to motor vehicles; requiring that license plates without distinguishing marks be furnished for two vehicles used by the office of the county coroner; deleting provisions which prohibit the Department of Motor Vehicles from issuing special license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno unless the Department receives at least 1,000 applications for the issuance of those plates before May 29, 2009; authorizing the Department to issue certain special license plates for use on motorcycles; prescribing the fees for special license plates for use on vehicles other than passenger cars and light commercial vehicles; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that license plates furnished for certain exempt vehicles maintained for and used by certain governmental entities must be free of distinguishing marks which would otherwise identify the vehicle as a governmental vehicle. (NRS 482.368) Section 1.3 of this bill adds two vehicles used by the office of a county coroner to the list of vehicles for which license plates without a distinguishing mark must be furnished.

      Existing law authorizes the Department of Motor Vehicles to issue special license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno if the Department receives at least 1,000 applications for the issuance of the special license plates before May 29, 2009. (NRS 482.379375) Sections 1 and 1.7 of this bill delete the provisions which authorize the Department to issue such special plates only if the Department receives at least 1,000 applications before May 29, 2009.

      Under existing law, if the Department issues special license plates for use on a passenger car or light commercial vehicle and if those special license plates generate financial support for a charitable organization, the Department is authorized to issue the special license plates for use on a trailer or other type of vehicle that is not a passenger car or light commercial vehicle, but is prohibited from issuing the special license plates for use on a motorcycle or heavy commercial vehicle. (NRS 482.3824) Effective July 1, 2010, section 2 of this bill removes the prohibition against the Department issuing such special license plates for use on motorcycles and provides further that the fees for special license plates issued for use on vehicles other than passenger cars or light commercial vehicles must be the same as if the special license plates were issued for use on a passenger car or light commercial vehicle.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, 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 958 (Chapter 236, AB 109)ê

 

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.

      2.  In addition to the requirements set forth in subsection 1, 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.  In addition to the requirements set forth in subsections 1 and 2, 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.

      Sec. 1.3.  NRS 482.368 is hereby amended to read as follows:

      482.368  1.  Except as otherwise provided in subsection 2, the Department shall provide suitable distinguishing license plates for exempt vehicles. These plates must be displayed on the vehicles in the same manner as provided for privately owned vehicles. The fee for the issuance of the plates is $5. Any license plates authorized by this section must be immediately returned to the Department when the vehicle for which they were issued ceases to be used exclusively for the purpose for which it was exempted from the governmental services tax.

      2.  License plates furnished for:

      (a) Those vehicles which are maintained for and used by the Governor or under the authority and direction of the Chief Parole and Probation Officer, the State Contractors’ Board and auditors, the State Fire Marshal, the Investigation Division of the Department of Public Safety and any authorized federal law enforcement agency or law enforcement agency from another state;

      (b) One vehicle used by the Department of Corrections, three vehicles used by the Department of Wildlife, two vehicles used by the Caliente Youth Center and four vehicles used by the Nevada Youth Training Center;

      (c) Vehicles of a city, county or the State, if authorized by the Department for the purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; [and]

      (d) Two vehicles used by the office of the county coroner of any county which has created that office pursuant to NRS 244.163; and

      (e) Vehicles maintained for and used by investigators of the following:

            (1) The State Gaming Control Board;

            (2) The State Department of Agriculture;

            (3) The Attorney General;

            (4) City or county juvenile officers;

            (5) District attorneys’ offices;

            (6) Public administrators’ offices;

            (7) Public guardians’ offices;

            (8) Sheriffs’ offices;

            (9) Police departments in the State; and

            (10) The Securities Division of the Office of the Secretary of State,

 


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ê2009 Statutes of Nevada, Page 959 (Chapter 236, AB 109)ê

 

Ê must not bear any distinguishing mark which would serve to identify the vehicles as owned by the State, county or city. These license plates must be issued annually for $12 per plate or, if issued in sets, per set.

      3.  The Director may enter into agreements with departments of motor vehicles of other states providing for exchanges of license plates of regular series for vehicles maintained for and used by investigators of the law enforcement agencies enumerated in paragraph [(d)] (e) of subsection 2, subject to all of the requirements imposed by that paragraph, except that the fee required by that paragraph must not be charged.

      4.  Applications for the licenses must be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling the vehicles, and no plate or plates may be issued until a certificate has been filed with the Department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words “For Official Use Only” have been permanently and legibly affixed to each side of the vehicle, except those vehicles enumerated in subsection 2.

      5.  As used in this section, “exempt vehicle” means a vehicle exempt from the governmental services tax, except a vehicle owned by the United States.

      6.  The Department shall adopt regulations governing the use of all license plates provided for in this section. Upon a finding by the Department of any violation of its regulations, it may revoke the violator’s privilege of registering vehicles pursuant to this section.

      Sec. 1.7.  NRS 482.379375 is hereby amended to read as follows:

      482.379375  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Reno Recreation and Parks Commission or its successor, shall design, prepare and issue license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno, using any colors and designs that the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless:

      (a) The Commission on Special License Plates approves the design, preparation and issuance of those plates as described in NRS 482.367004; and

      (b) The Department receives at least 1,000 applications for the issuance of those plates . [within 2 years after the effective date of this act.]

      2.  If the Commission on Special License Plates approves the design, preparation and issuance of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsection 1, and the Department receives at least 1,000 applications for the issuance of the license plates, the Department shall issue those plates for a passenger car or light commercial vehicle 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. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsections 3 and 4.

 


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ê2009 Statutes of Nevada, Page 960 (Chapter 236, AB 109)ê

 

Reno if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno pursuant to subsections 3 and 4.

      3.  The fee for license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support and enhancement of parks, recreation facilities and programs in the City of Reno must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to be distributed pursuant to subsection 5.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this section to the City Treasurer of the City of Reno to be used to pay for the support and enhancement of parks, recreation facilities and programs in the City of Reno.

      6.  If, during a registration year, the holder of 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 that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 2.  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, inclusive, and for which [an additional fee is] additional fees are 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 , motorcycle 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 or 482.272 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter [.]

 


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ê2009 Statutes of Nevada, Page 961 (Chapter 236, AB 109)ê

 

chapter [.] or chapter 486 of NRS. 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.  If, as authorized pursuant to paragraph (b) of subsection 1, the Department issues a special license plate for a trailer, motorcycle or other type of vehicle that is not a passenger car or light commercial vehicle, the Department shall charge and collect for the issuance and renewal of such a plate the same fees that the Department would charge and collect if the other type of vehicle was a passenger car or light commercial vehicle. As used in this subsection, “fees” does not include any applicable registration or license fees or governmental services taxes.

      3.  As used in this section [, “charitable] :

      (a) “Additional fees” has the meaning ascribed to it in NRS 482.38273.

      (b) “Charitable organization” means a particular cause, charity or other entity that receives money from the imposition of [an additional fee] additional fees in connection with the issuance of a special license plate pursuant to NRS 482.3667 to 482.3825, inclusive. The term includes the successor, if any, of a charitable organization.

      Sec. 3.  NRS 482.38274 is hereby amended to read as follows:

      482.38274  “Charitable organization” has the meaning ascribed to it in [subsection 2 of] NRS 482.3824.

      Sec. 4.  1.  This section and sections 1 and 1.7 of this act become effective upon passage and approval.

      2.  Section 1.3 of this act becomes effective on July 1, 2009.

      3.  Sections 2 and 3 of this act become effective on July 1, 2010.

________

 


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ê2009 Statutes of Nevada, Page 962ê

 

CHAPTER 237, AB 192

Assembly Bill No. 192–Assemblymen Kirkpatrick, Conklin, Hardy; Aizley, Bobzien, Denis, Koivisto and Pierce

 

CHAPTER 237

 

AN ACT relating to local government purchasing; making various changes to the provisions governing performance contracts entered into by local governments for operating cost-savings measures; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes and sets forth the requirements for local governments to enter into performance contracts for the purchase and installation of operating cost-savings measures to reduce costs related to such matters as energy, water and the disposal of waste, and related labor costs. (NRS 332.300-332.440) Existing law sets forth the procedures by which a local government will compile a list of the qualified service companies that it determines have a record of established projects or have demonstrated technical, operational, financial and managerial capabilities to design and carry out operating cost-savings measures. Under existing law, the local government must solicit proposals for a performance contract from such companies. (NRS 332.350, 332.360) Sections 2-5, 11 and 12 of this bill provide that a company must apply to the local government, meet certain qualifications and be preapproved by a local government before it may submit a proposal for a performance contract.

      Section 6 of this bill requires that performance contracts for operating cost-savings measures identify the specific dollar amount and units or percentages of consumption that will be eliminated or avoided as a result of the operating cost-savings measures.

      Section 6.5 of this bill requires a local government that enters into a performance contract for operating cost-savings measures to submit a report annually to the Legislature or, when the Legislature is not in session, the Interim Finance Committee.

      Section 8 of this bill amends the definition of “building” to provide that performance contracts apply only to existing buildings. (NRS 332.310)

      Section 9 of this bill adds ground source systems of heating and cooling to the list of operating cost-savings measures that may be included in a performance contract. (NRS 332.330)

      Section 13 of this bill eliminates the option for a performance contract to be structured as a shared-savings contract. (NRS 332.370)

      Section 14 of this bill provides that the bonding requirements set forth in the provisions of chapter 339 of NRS apply to performance contracts that exceed $100,000. (NRS 332.390)

      Existing law authorizes a local government to reinvest any savings realized under a performance contract into operating cost-savings measures. (NRS 332.410) Section 15 of this bill requires that such reinvestment comply with the provisions of NRS 332.300-332.440 and sections 2-6.5 of this bill.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 332 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6.5, inclusive, of this act.

      Sec. 2.  1.  Except as otherwise provided in section 5 of this act, a person who wishes to qualify as a qualified service company and submit a proposal for a performance contract with a local government must file an application with the local government.

 


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ê2009 Statutes of Nevada, Page 963 (Chapter 237, AB 192)ê

 

proposal for a performance contract with a local government must file an application with the local government.

      2.  Upon receipt of an application pursuant to subsection 1, the local government shall:

      (a) Investigate the applicant to determine whether he is qualified to bid on a performance contract; and

      (b) After conducting the investigation, determine whether the applicant is qualified to bid on a performance contract.

      3.  The local government shall notify each applicant in writing of its determination.

      4.  The local government may determine an applicant is qualified to bid:

      (a) On a specific project; or

      (b) On more than one project over a period of time to be determined by the local government.

      5.  Except as otherwise provided in section 5 of this act, the local government shall use only the criteria described in section 3 of this act in determining whether to approve or deny an application.

      6.  Except as otherwise provided in NRS 239.0115, financial information and other data pertaining to the net worth of an applicant which is gathered by or provided to a local government to determine the financial ability of an applicant to perform a contract is confidential and not open to public inspection.

      Sec. 3.  1.  Except as otherwise provided in section 5 of this act, a local government shall use the following criteria for determining whether a person satisfies the requirements to be a qualified service company pursuant to NRS 332.360:

      (a) The financial ability of the applicant to perform the work required by the local government;

      (b) Whether the applicant possesses a business license issued pursuant to NRS 360.780;

      (c) Whether the applicant possesses a valid contractor’s license issued pursuant to chapter 624 of NRS of a class corresponding to the work required by the local government and, if engineering work is required, whether the applicant possesses a valid license as a professional engineer issued pursuant to chapter 625 of NRS;

      (d) Whether the applicant has the ability to obtain the necessary bonding for the work required by the local government;

      (e) Whether the applicant has successfully completed an appropriate number of projects as determined by the local government, but not to exceed five projects, during the 5 years immediately preceding the date of application of similar size, scope or type as the work required by the local government;

      (f) Whether the principal personnel employed by the applicant have the necessary professional qualifications and experience for the work required by the local government;

      (g) Whether the applicant has breached any contracts with a public agency or person in this State or any other state during the 5 years immediately preceding the date of application;

      (h) Whether the applicant has been disqualified from being awarded a contract by any governing body in the State of Nevada;

 


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ê2009 Statutes of Nevada, Page 964 (Chapter 237, AB 192)ê

 

      (i) Whether the applicant has been convicted of a violation for discrimination in employment during the 2 years immediately preceding the date of application;

      (j) Whether the applicant has the ability to obtain and maintain insurance coverage for public liability and property damage within limits sufficient to protect the applicant and all the subcontractors of the applicant from claims for personal injury, accidental death and damage to property that may arise in connection with the work required by the local government;

      (k) Whether the applicant has established a safety program that complies with the requirements of chapter 618 of NRS;

      (l) Whether the applicant has been disciplined or fined by the State Contractors’ Board or another state or federal agency for conduct that relates to the ability of the applicant to perform the work required by the local government;

      (m) Whether, during the 5 years immediately preceding the date of application, the applicant has filed as a debtor under the provisions of the United States Bankruptcy Code;

      (n) Whether the application is truthful and complete; and

      (o) Whether, during the 5 years immediately preceding the date of the application, the applicant has, as a result of causes within the control of the applicant or a subcontractor or supplier of the applicant, failed to perform any contract:

            (1) In the manner specified by the contract and any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative;

            (2) Within the time specified by the contract unless extended by the person or governmental entity that awarded the contract or its authorized representative; or

            (3) For the amount of money specified in the contract or as modified by any change orders initiated or approved by the person or governmental entity that awarded the contract or its authorized representative.

Ê Evidence of the failures described in this subsection may include, without limitation, the assessment of liquidated damages against the applicant, the forfeiture of any bonds posted by the applicant, an arbitration award granted against the applicant or a decision by a court of law against the applicant.

      2.  Except as otherwise provided in section 5 of this act, in addition to the criteria described in subsection 1, the local government may use any other relevant criteria that are necessary to determine whether a person satisfies the requirements to be a qualified service company pursuant to NRS 332.360.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  Notwithstanding the provisions of section 3 of this act, a governing body may deem a person a qualified service company if the person has been determined by:

      1.  The State Public Works Board or a local government pursuant to NRS 338.1379 to be qualified to bid on a public work; or

      2.  Another local government pursuant to section 2 of this act to be qualified as a qualified service company.

 


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ê2009 Statutes of Nevada, Page 965 (Chapter 237, AB 192)ê

 

      Sec. 6.  A performance contract that guarantees operating cost savings must identify the specific dollar amount and units or percentages of consumption that the qualified service company anticipates will be eliminated or avoided on a long-term basis as a result of the operating cost-savings measures that the local government is implementing.

      Sec. 6.5.  1.  Each local government that enters into a performance contract pursuant to NRS 332.300 to 332.440, inclusive, and sections 2 to 6.5, inclusive, of this act, shall, on or before February 1 of each year, prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature if the Legislature is in session, or to the Interim Finance Committee if the Legislature is not in session.

      2.  The report required pursuant to subsection 1 must include, without limitation:

      (a) The status of the construction and financing of the operating cost-savings measures described in the performance contract.

      (b) The cumulative amount of operating cost-savings that have resulted from the operating cost-savings measures.

      (c) The amount of operating cost-savings that are projected for the future.

      (d) Any other information required by the Legislature or Interim Finance Committee.

      Sec. 7.  NRS 332.300 is hereby amended to read as follows:

      332.300  As used in NRS 332.300 to 332.440, inclusive, and sections 2 to 6.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 332.310 to 332.350, inclusive, have the meanings ascribed to them in those sections.

      Sec. 8.  NRS 332.310 is hereby amended to read as follows:

      332.310  “Building” means any existing structure, building or facility, including any equipment, furnishings or appliances within the existing structure, building or facility, that is owned or operated by a local government. The term includes, without limitation, occupied and unoccupied existing structures, buildings and facilities, and any other existing improvements owned or operated by a local government that incur operating costs.

      Sec. 9.  NRS 332.330 is hereby amended to read as follows:

      332.330  “Operating cost-savings measure” [means] :

      1.  Means any improvement, repair or alteration to a building, or any equipment, fixture or furnishing to be added or used in a building that is designed to reduce operating costs, including , without limitation, those costs related to electrical energy and demand, thermal energy, water consumption, waste disposal and contract-labor costs, and increase the operating efficiency of the building for the appointed functions that are cost-effective. [The term includes,]

      2.  Includes, without limitation:

      [1.  Procurement of low-cost energy supplies, including electricity and natural gas.

      2.  Procurement of cost savings as a result of outsourcing energy needs for electrical power, heating and cooling.

      3.] (a) Operational or maintenance labor savings resulting from reduced costs for maintenance contracts as provided through reduction of required maintenance or operating tasks, including, without limitation, replacement of filters and lighting products, and equipment failures.

 


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ê2009 Statutes of Nevada, Page 966 (Chapter 237, AB 192)ê

 

      [4.] (b) Investment in equipment, products and materials, and strategies for building operation, or any combination thereof, designed to reduce energy and other utility expenses, including, without limitation:

      [(a)] (1) Costs for materials and labor required to replace old equipment with new, more efficient equipment.

      [(b)] (2) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed or coated windows or doors, reductions in glass area, and other modifications to windows and doors that will reduce energy consumption.

      [(c)] (3) Automated or computerized energy control systems.

      [(d)] (4) Replacement of, or modifications to, heating, ventilation or air-conditioning systems.

      [(e)] (5) Replacement of, or modifications to, lighting fixtures.

      [(f)] (6) Improvements to the indoor air quality of a building that conform to all requirements of an applicable building code.

      [(g)] (7) Energy recovery systems.

      [(h)] (8) Systems for combined cooling, heating and power that produce steam or other forms of energy, for use primarily within the building or a complex of buildings.

      [(i)] (9) Installation of, or modifications to, existing systems for daylighting, including lighting control systems.

      [(j)] (10) Installation of, or modification to, technologies that use renewable or alternative energy sources.

      [(k)] (11) Programs relating to building operation that reduce operating costs, including, without limitation, computerized programs, training and other similar activities.

      [(l)] (12) Programs for improvement of steam traps to reduce operating costs.

      [(m)] (13) Devices that reduce water consumption in buildings, for lawns and for other irrigation applications.

      [(n)] (14) Any additional improvements to building infrastructures that produce energy and operating cost savings, significantly reduce energy consumption or increase the operating efficiency of the buildings for their appointed functions, provided that such improvements comply with applicable building codes.

      [(o)] (15) Trash compaction and waste minimization.

      [5.] (16) Ground source systems for heating and cooling.

      (c) Investment in educational programs relating to [occupational behavior that are designed to reduce the consumption of energy or water, or both, and the generation of waste.] the operation and maintenance of any equipment installed to reduce operating costs.

      3.  Does not include the construction of a new building or any addition to a building that increases the square footage of the building.

      Sec. 10.  NRS 332.340 is hereby amended to read as follows:

      332.340  “Performance contract” means a written contract between a local government and a qualified service company for the evaluation, recommendation and implementation of one or more operating cost-savings measures.

      Sec. 11.  NRS 332.350 is hereby amended to read as follows:

      332.350  “Qualified service company” means a person [with a record of established projects or a person with demonstrated technical, operational, financial and managerial capabilities to design and carry out operating cost savings measures and other similar building improvements, and who has the ability to secure necessary financial measures to ensure related guarantees for operating cost savings.]

 


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ê2009 Statutes of Nevada, Page 967 (Chapter 237, AB 192)ê

 

savings measures and other similar building improvements, and who has the ability to secure necessary financial measures to ensure related guarantees for operating cost savings.] who is qualified to bid on a performance contract pursuant to section 2 or 5 of this act.

      Sec. 12.  NRS 332.360 is hereby amended to read as follows:

      332.360  1.  Notwithstanding any provision of this chapter and chapter 338 of NRS to the contrary, a local government may enter into a performance contract with a qualified service company for the purchase and installation of an operating cost-savings measure to reduce costs related to energy, water and the disposal of waste, and related labor costs. Such a performance contract may be in the form of an installment payment contract or a lease-purchase contract. Any operating cost-savings measures put into place as a result of a performance contract must comply with all applicable building codes.

      2.  [The local government shall determine those companies that satisfy the requirements of qualified service companies for the purposes of NRS 332.300 to 332.440, inclusive. The local government shall prepare and issue a request for qualifications to not less than three potential qualified service companies.

      3.  In sending out a request for qualifications, the local government:

      (a) Shall attempt to identify at least one potential qualified service company located within this state; and

      (b) May consider whether and to what extent the companies to which the request for qualifications will be sent will use local contractors.

      4.  The local government shall use objective criteria to determine those companies that satisfy the requirements of qualified service companies. The objective criteria for evaluation must include the following areas as substantive factors to assess the capability of such companies:

      (a) Design;

      (b) Engineering;

      (c) Installation;

      (d) Maintenance and repairs associated with performance contracts;

      (e) Experience in conversions to different sources of energy or fuel and other services related to operating cost-savings measures provided that is done in association with a comprehensive energy, water or waste disposal cost-savings retrofit;

      (f) Monitoring projects after the projects are installed;

      (g) Data collection and reporting of savings;

      (h) Overall project experience and qualifications;

      (i) Management capability;

      (j) Ability to access long-term financing;

      (k) Experience with projects of similar size and scope; and

      (l) Such other factors determined by the local government to be relevant and appropriate to the ability of a company to perform the project.

Ê In determining whether a company satisfies the requirements of a qualified service company, the local government shall also consider the financial health of the company as evidenced by its financial statements and ratings and whether the company holds the appropriate licenses required for the design, engineering and construction to be completed.

      5.  The local government shall compile a list of those companies that it determines satisfy the requirements of qualified service companies.] If [the] a local government is interested in entering into a performance contract, the local government shall notify each appropriate qualified service company and coordinate an opportunity for each such qualified service company to:

 


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ê2009 Statutes of Nevada, Page 968 (Chapter 237, AB 192)ê

 

local government shall notify each appropriate qualified service company and coordinate an opportunity for each such qualified service company to:

      (a) Perform a preliminary and comprehensive audit and assessment of all potential operating cost-savings measures that might be implemented within the buildings of the local government, including any operating cost-savings measures specifically requested by the local government; and

      (b) Submit a proposal and make a related presentation to the local government for all such operating cost-savings measures that the qualified service company determines would be practicable to implement.

      [6.] 3.  The local government shall:

      (a) Evaluate the proposals and presentations made pursuant to subsection [5;] 2; and

      (b) Select a qualified service company,

Ê pursuant to the provisions of [this chapter for evaluating and awarding contracts.]

      [7.] NRS 332.300 to 332.440, inclusive, and sections 2 to 6.5, inclusive, of this act.

      4.  The local government may retain the professional services of a third-party consultant with the requisite technical expertise to assist the local government in evaluating the proposals and presentations pursuant to subsection 3. Such a third-party consultant must possess a business license issued pursuant to NRS 360.780 and any other applicable licenses issued by a licensing board in this State in the same discipline in which the consultant will be advising the local government.

      5.  The qualified service company selected by the local government pursuant to subsection [6] 3 shall prepare a financial-grade operational audit. Except as otherwise provided in this subsection, the audit prepared by the qualified service company becomes, upon acceptance, a part of the final performance contract and the costs incurred by the qualified service company in preparing the audit shall be deemed to be part of the performance contract. If, after the audit is prepared, the local government decides not to execute the performance contract, the local government shall pay the qualified service company that prepared the audit the costs incurred by the qualified service company in preparing the audit if the local government has specifically appropriated money for that purpose.

      [8.] 6.  The local government shall retain the professional services of a third-party consultant with the requisite technical expertise to assist the local government in reviewing the operating cost-savings measures proposed by the qualified service company and may procure sufficient funding from the qualified service company, through negotiation, to pay for the third-party consultant. Such a third-party consultant must be licensed pursuant to chapter 625 of NRS and certified by the Association of Energy Engineers as a “Certified Energy Manager” or hold similar credentials from a comparable nationally recognized organization. A third-party consultant retained pursuant to this subsection shall work on behalf and for the benefit of the local government in coordination with the qualified service company.

      Sec. 13.  NRS 332.370 is hereby amended to read as follows:

      332.370  1.  A performance contract may be financed through a person other than the qualified service company.

      2.  A performance contract [may] must be structured [as:

      (a) A performance contract that guarantees] to guarantee operating cost savings, which includes, without limitation, the design and installation of equipment, the operation and maintenance, if applicable, of any of the operating cost-savings measures and the guaranteed annual savings which must meet or exceed the total annual contract payments to be made by the local government, including any financing charges to be incurred by the local government over the life of the performance contract.

 


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ê2009 Statutes of Nevada, Page 969 (Chapter 237, AB 192)ê

 

equipment, the operation and maintenance, if applicable, of any of the operating cost-savings measures and the guaranteed annual savings which must meet or exceed the total annual contract payments to be made by the local government, including any financing charges to be incurred by the local government over the life of the performance contract. The local government may require that these savings be verified annually or over a sufficient period that demonstrates savings.

      [(b) A shared-savings contract which includes provisions mutually agreed upon by the local government and qualified service company as to the negotiated rate of payments based upon operating cost savings and a stipulated maximum consumption level of energy or water, or both energy and water, over the life of the contract.]

      Sec. 14.  NRS 332.390 is hereby amended to read as follows:

      332.390  1.  If a performance contract entered into pursuant to NRS 332.300 to 332.440, inclusive, and sections 2 to 6.5, inclusive, of this act requires the employment of skilled mechanics, skilled workmen, semiskilled mechanics, semiskilled workmen or unskilled labor to perform the performance contract, the performance contract must include a provision relating to the prevailing wage as required pursuant to NRS 338.020 to 338.090, inclusive.

      2.  Before a qualified service company enters into a performance contract pursuant to NRS 332.300 to 332.440, inclusive, and sections 2 to 6.5, inclusive, of this act, that exceeds $100,000, the qualified service company must furnish to the contracting body any bonds required pursuant to NRS 339.025. The provisions of chapter 339 of NRS apply to any performance contract described in this subsection.

      Sec. 15.  NRS 332.410 is hereby amended to read as follows:

      332.410  A local government may reinvest any savings realized under a performance contract whenever practical into other operating cost-savings measures provided the local government [is] :

      1.  Is satisfying all its other obligations under the performance contract [.] ; and

      2.  Complies with the requirements of NRS 332.300 to 332.440, inclusive, and sections 2 to 6.5, inclusive, of this act, when reinvesting the savings into other operating cost-savings measures.

      Sec. 16.  (Deleted by amendment.)

      Sec. 17.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 970ê

 

CHAPTER 238, AB 193

Assembly Bill No. 193–Assemblymen Kirkpatrick, Bobzien, Hardy, Conklin; Aizley, Denis, Koivisto, Pierce and Settelmeyer

 

Joint Sponsors: Senators Coffin; and Care

 

CHAPTER 238

 

AN ACT relating to state financial administration; requiring certain governmental entities to report periodically to the Interim Finance Committee concerning certain financial information; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      This bill requires certain governmental entities of this State, beginning with the fourth quarter of Fiscal Year 2008-2009 and concluding with the third quarter of Fiscal Year 2010-2011, to report to the Interim Finance Committee within 60 days after the end of the immediately preceding fiscal quarter certain financial information, including the taxes and fees that: (1) were legally due to be paid to the entity; (2) the entity was able to collect; and (3) the entity did not collect or was otherwise unable to collect, to the extent that such information is available to the entity. This bill also requires the Commission on Economic Development to report to the Interim Finance Committee on the same time schedule regarding each tax or fee that the Commission abated, exempted or otherwise waived and the duration of the applicable abatement, exemption or waiver. All reports required to be filed pursuant to this bill are required to be submitted on a form provided by the Director of the Legislative Counsel Bureau.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  Beginning on July 1, 2009, and extending through April 15, 2011, the following governmental entities shall, within 60 days after the end of the immediately preceding fiscal quarter, file with the Interim Finance Committee a report that complies with the requirements of subsection 2:

      (a) The Department of Taxation.

      (b) The State Gaming Control Board.

      (c) The Department of Motor Vehicles.

      (d) The Department of Employment, Training and Rehabilitation.

      (e) The Department of Business and Industry.

      (f) The Office of the State Controller.

      (g) The Office of the Secretary of State.

      2.  Each report required to be filed pursuant to subsection 1 must be submitted on a form provided by the Director of the Legislative Counsel Bureau and include the following components:

      (a) A statement of all taxes and fees that were legally due to be paid to the particular governmental entity in the immediately preceding fiscal quarter;

      (b) A statement of the total of all taxes and fees that the particular governmental entity actually collected in the immediately preceding fiscal quarter;

 


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ê2009 Statutes of Nevada, Page 971 (Chapter 238, AB 193)ê

 

      (c) A statement of all taxes and fees that the particular governmental entity, in the immediately preceding fiscal quarter, failed to collect or otherwise did not collect as the result of an abatement, exemption or another reason, to the extent that such information is available to the governmental entity;

      (d) A statement of:

            (1) The total amount of all taxes and fees that remain legally due to be paid to the particular governmental entity for any past fiscal years up to and including the immediately preceding fiscal quarter of the current fiscal year; and

            (2) Except if the entity is the Office of the State Controller, the portion of the total amount described in subparagraph (1) that the entity assigned to the State Controller for collection; and

      (e) Such other information relating to the provisions of this section as may be requested by the Director of the Legislative Counsel Bureau.

      3.  In addition to the components set forth in subsection 2, the Department of Taxation shall include in its report filed pursuant to subsection 1 a list of the special districts to which an exemption from the requirements of the Local Government Budget and Finance Act for the filing of certain budget documents and audit reports was granted pursuant to NRS 354.475.

      Sec. 2.  1.  Beginning on July 1, 2009, and extending through April 15, 2011, the Commission on Economic Development shall, within 60 days after the end of the immediately preceding fiscal quarter, file with the Interim Finance Committee a report that complies with the requirements of subsection 2.

      2.  Each report required to be filed pursuant to subsection 1 must be submitted on a form provided by the Director of the Legislative Counsel Bureau and include a description of every abatement, exemption or other type of waiver that the Commission on Economic Development granted with respect to a tax or fee during the immediately preceding fiscal quarter. The description must include, without limitation:

      (a) An estimate of the total amount of money the payment of which was abated, exempted or otherwise waived;

      (b) The duration of the abatement, exemption or other type of waiver; and

      (c) Such other information relating to the provisions of this section as may be requested by the Director of the Legislative Counsel Bureau.

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

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ê2009 Statutes of Nevada, Page 972ê

 

CHAPTER 239, AB 199

Assembly Bill No. 199–Assemblymen Gansert, Hardy; Aizley, Arberry, Claborn, Cobb, Gustavson, Horne, Kihuen, Leslie, Manendo, McClain, Munford, Settelmeyer, Stewart and Woodbury

 

Joint Sponsors: Senators Townsend; Cegavske, Hardy, McGinness, Raggio and Washington

 

CHAPTER 239

 

AN ACT relating to animals; prohibiting a person from owning, possessing, keeping, training, promoting or purchasing an animal with the intent to use it to fight another animal or from selling an animal knowing that it is intended to be used to fight another animal; revising the provisions regarding witnesses to such fights; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law prohibits a person from instigating, promoting or in any way engaging in the furtherance of any fight between animals in an exhibition or for amusement or gain which is premeditated by a person who owns or has custody of the animals. (NRS 574.070) This bill prohibits a person from owning, possessing, keeping, training, promoting or purchasing an animal with the intent to use it to fight another animal or from selling an animal knowing that it is intended to be used to fight another animal. If a person commits such a violation, he is guilty of a gross misdemeanor for a first offense, a category E felony for a second offense and a category D felony for a third or subsequent offense.

      Under existing law, a person is prohibited from witnessing any fight between animals in an exhibition or for amusement or gain. This bill requires a person to knowingly witness such a fight in order to be guilty of a violation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 574.070 is hereby amended to read as follows:

      574.070  1.  Except as otherwise provided in this section, a person shall not [set on foot,] begin, cause, instigate, promote, carry on or do any act as an assistant, umpire or principal, or in any way aid in or engage in the furtherance of any fight between [cocks or other birds, or bulls, bears or other] animals in an exhibition or for amusement or gain [,] which is premeditated by a person owning or having custody of [such birds or] the animals.

      2.  A person shall not:

      (a) Own, possess, keep, train, promote or purchase an animal with the intent to use it to fight another animal; or

      (b) Sell an animal knowing that it is intended to be used to fight another animal.

      3.  A person shall not knowingly witness any fight between [cocks or other birds, or bulls, bears or other] animals in an exhibition or for amusement or gain . [, which is premeditated by a person having custody of such birds or animals.

 


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ê2009 Statutes of Nevada, Page 973 (Chapter 239, AB 199)ê

 

      3.] 4.  Except as otherwise provided in subsection [5,] 7, a person who violates any provision of subsection 1 is guilty of:

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

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

      (c) For a third or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

      [4.] 5.  A person who violates any provision of subsection 2 is guilty of:

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

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

      (c) For a third or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

      6.  A person who violates any provision of subsection [2] 3 is guilty of:

      (a) For a first offense, a misdemeanor.

      (b) For a second offense, a gross misdemeanor.

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

      [5.] 7.  If a violation of subsection 1 involves a dog, a person who commits such a violation is guilty of:

      (a) For a first offense, a category D felony and shall be punished as provided in NRS 193.130.

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

      (c) For a third or subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      [6.] 8.  If a person who violates this section is not a natural person, he shall be punished by a fine of not more than $10,000.

      [7.] 9.  This section does not prohibit the use of dogs or birds for:

      (a) The management of livestock by the owner thereof, his employees or agents or any other person in the lawful custody of the livestock; or

      (b) Hunting as permitted by law.

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ê2009 Statutes of Nevada, Page 974ê

 

CHAPTER 240, AB 129

Assembly Bill No. 129–Assemblymen Conklin, Anderson, Oceguera; Dondero Loop, Grady, Horne, Kirkpatrick, Mortenson, Ohrenschall and Parnell

 

CHAPTER 240

 

AN ACT relating to common-interest communities; providing that the provisions governing common-interest communities do not modify the tariffs, rules and standards of a public utility; requiring the governing documents of an association to be consistent with the tariffs, rules and standards of a public utility; prohibiting an association from restricting the parking of certain utility service vehicles, law enforcement vehicles and emergency services vehicles; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill: (1) states that the provisions of chapter 116 of NRS do not modify the tariffs, rules and standards of a public utility; and (2) provides that the governing documents of associations of common-interest communities must be consistent and not conflict with the tariffs, rules and standards of a public utility.

      Section 2 of this bill prohibits an association of any common-interest community from restricting the parking of certain utility service vehicles, law enforcement vehicles and emergency services vehicles under certain circumstances. (NRS 116.350)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The provisions of this chapter do not invalidate or modify the tariffs, rules and standards of a public utility.

      2.  The governing documents of an association must be consistent and not conflict with the tariffs, rules and standards of a public utility. Any provision of the governing documents which conflicts with the tariffs, rules and standards of a public utility is void and may not be enforced against a purchaser.

      3.  As used in this section, “public utility” has the meaning ascribed to it in NRS 704.020.

      Sec. 2.  NRS 116.350 is hereby amended to read as follows:

      116.350  1.  In a common-interest community which is not gated or enclosed and the access to which is not restricted or controlled by a person or device, the executive board shall not and the governing documents must not provide for the regulation of any road, street, alley or other thoroughfare the right-of-way of which is accepted by the State or a local government for dedication as a road, street, alley or other thoroughfare for public use.

      2.  [The] Except as otherwise provided in subsection 3, the provisions of subsection 1 do not preclude an association from adopting, and do not preclude the governing documents of an association from setting forth, rules that reasonably restrict the parking or storage of recreational vehicles, watercraft, trailers or commercial vehicles in the common-interest community to the extent authorized by law.

 


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ê2009 Statutes of Nevada, Page 975 (Chapter 240, AB 129)ê

 

watercraft, trailers or commercial vehicles in the common-interest community to the extent authorized by law.

      3.  In any common-interest community, the executive board shall not and the governing documents must not prohibit a person from:

      (a) Parking a utility service vehicle that has a gross vehicle weight rating of 20,000 pounds or less:

            (1) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of the unit of a subscriber or consumer, while the person is engaged in any activity relating to the delivery of public utility services to subscribers or consumers; or

            (2) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of his unit, if the person is:

                  (I) A unit’s owner or a tenant of a unit’s owner; and

                  (II) Bringing the vehicle to his unit pursuant to his employment with the entity which owns the vehicle for the purpose of responding to emergency requests for public utility services; or

      (b) Parking a law enforcement vehicle or emergency services vehicle:

            (1) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of the unit of a person to whom law enforcement or emergency services are being provided, while the person is engaged in his official duties; or

            (2) In an area designated for parking for visitors, in a designated parking area or common parking area, or on the driveway of his unit, if the person is:

                  (I) A unit’s owner or a tenant of a unit’s owner; and

                  (II) Bringing the vehicle to his unit pursuant to his employment with the entity which owns the vehicle for the purpose of responding to requests for law enforcement services or emergency services.

      4.  An association may require that a person parking a utility service vehicle, law enforcement vehicle or emergency services vehicle as set forth in subsection 3 provide written confirmation from his employer that the person is qualified to park his vehicle in the manner set forth in subsection 3.

      5.  As used in this section:

      (a) “Emergency services vehicle” means a vehicle:

            (1) Owned by any governmental agency or political subdivision of this State; and

            (2) Identified by the entity which owns the vehicle as a vehicle used to provide emergency services.

      (b) “Law enforcement vehicle” means a vehicle:

            (1) Owned by any governmental agency or political subdivision of this State; and

            (2) Identified by the entity which owns the vehicle as a vehicle used to provide law enforcement services.

      (c) “Utility service vehicle” means any motor vehicle:

            (1) Used in the furtherance of repairing, maintaining or operating any structure or any other physical facility necessary for the delivery of public utility services, including, without limitation, the furnishing of electricity, gas, water, sanitary sewer, telephone, cable or community antenna service; and

 


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ê2009 Statutes of Nevada, Page 976 (Chapter 240, AB 129)ê

 

            (2) Except for any emergency use, operated primarily within the service area of a utility’s subscribers or consumers, without regard to whether the motor vehicle is owned, leased or rented by the utility.

________

 

CHAPTER 241, AB 530

Assembly Bill No. 530–Committee on Ways and Means

 

CHAPTER 241

 

AN ACT relating to education; providing for the reversion of certain money in the Account for Programs for Innovation and the Prevention of Remediation to the State General Fund; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law creates the Account for Programs for Innovation and the Prevention of Remediation to provide grants of money to public schools and consortiums of public schools for programs designed for the achievement of pupils that are linked to the plan to improve the achievement of pupils or for innovative programs, or both. (NRS 385.3785) Under existing law, any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year. (NRS 385.379) This bill provides that any money remaining in the Account that has not been committed for expenditure on or before June 30, 2009, reverts to the State General Fund on or before September 18, 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  Notwithstanding the provisions of NRS 385.379 to the contrary, any money remaining in the Account for Programs for Innovation and the Prevention of Remediation created by that section which has not been committed for expenditure on or before June 30, 2009, including any money which is received after June 30, 2009, and which is applicable to Fiscal Year 2009 must not be expended for any purpose after September 18, 2009, and must be reverted to the State General Fund on or before September 18, 2009.

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

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ê2009 Statutes of Nevada, Page 977ê

 

CHAPTER 242, AB 208

Assembly Bill No. 208–Assemblymen Claborn; and Hambrick

 

CHAPTER 242

 

AN ACT relating to cranes; revising requirements for certification as a crane operator to include a certain amount of crane-related experience; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      This bill requires 1,000 hours of training prior to certification as either a mobile crane operator or tower crane operator. In addition, this bill requires that at least 500 of the 1,000 hours of training must be in tower crane operation in order to qualify for certification as a tower crane operator. (NRS 618.880)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 618.880 is hereby amended to read as follows:

      618.880  1.  The Division shall adopt regulations establishing standards and procedures for the operation of cranes, including, without limitation, regulations requiring the:

      (a) Establishment and implementation of site safety plans and procedures for the erection and dismantling of tower cranes;

      (b) Establishment of a clear zone around the erection, dismantling or other highly hazardous lifts with a crane;

      (c) Annual certification of the mechanical lifting parts of the crane; and

      (d) Certification of tower cranes each time a tower crane is erected and additional annual certifications of tower cranes while they continue to be in use.

      2.  Except as otherwise provided in subsection 3:

      (a) The Division shall adopt regulations requiring the establishment and implementation of programs for the certification of all persons who operate:

            (1) Tower cranes; or

            (2) Mobile cranes having a usable boom length of 25 feet or greater or a maximum machine rated capacity of 15,000 pounds or greater.

      (b) A person shall not operate a tower crane or a mobile crane described in subparagraph (2) of paragraph (a) unless the person holds certification as a crane operator issued pursuant to this subsection for the type of crane being operated.

      (c) An applicant for certification as a crane operator must hold a certificate which:

            (1) Is issued by an organization whose program of certification for crane operators:

                  (I) Is accredited by the National Commission for Certifying Agencies or an equivalent accrediting body approved by the Division; [or] and

                  (II) Meets other criteria as may be established by the Division; [and]

 


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ê2009 Statutes of Nevada, Page 978 (Chapter 242, AB 208)ê

 

            (2) Certifies that the person has met the standards to be a crane operator established by [the American Society of Mechanical Engineers] ASME International, in its standards B30.3, B30.4 or B30.5 as adopted by regulation of the Division [.] ;

            (3) Requires a minimum of 1,000 hours of crane-related experience or training during the 5-year period immediately preceding the issuance of a mobile crane operator certification;

            (4) Requires a minimum of 1,000 hours of crane-related experience or training, of which a minimum of 500 hours is specific to tower crane operation, during the 5-year period immediately preceding the issuance of a tower crane operator certification; and

            (5) Does not require an examination during which the applicant must operate a crane if the applicant:

                  (I) Is seeking recertification for the type of crane for which he currently holds a valid certification; and

                  (II) Has 1,000 hours of experience operating the type of crane for which he is seeking certification during the 5-year period immediately preceding the issuance of his recertification.

      (d) The organization that issues a certification pursuant to this subsection is responsible for the verification of hours of experience or training required by this subsection.

      3.  The provisions of subsection 2 do not apply to a person who:

      (a) Is an employee of a utility while the person is engaged in work for or at the direction of the utility;

      (b) Operates an electric or utility line truck that is regulated pursuant to 29 C.F.R. § 1910.269 or 29 C.F.R. Part 1926, Subpart V; [or]

      (c) Operates an aerial or lifting device, whether or not self-propelled, that is designed and manufactured with the specific purpose of lifting one or more persons in a bucket or basket or on a ladder or platform and holding those persons in the lifted position while they perform tasks. Such devices include, without limitation:

            (1) A bucket truck or lift;

            (2) An aerial platform;

            (3) A platform lift; or

            (4) A scissors lift [.] ; or

      (d) Operates a crane as a trainee under the direct supervision of an operator who has a valid certification in accordance with subsection 2 for the type of crane being operated by the trainee. As used in this paragraph, “direct supervision” means that the person who is supervising the trainee:

            (1) Is in the immediate area of the trainee;

            (2) Can see the trainee;

            (3) Is able to communicate effectively with the trainee; and

            (4) Has no duties other than to observe the operation of the crane by the trainee.

      4.  A certification used to satisfy the requirements of this section for a crane operator expires 5 years after the date that it is issued and may be renewed by providing proof deemed acceptable by the Division that the crane operator has fulfilled the requirements of subsection 2.

      5.  As used in this section, “utility” means any public or private utility, whether or not the utility is subject to regulation by the Public Utilities Commission of Nevada, that provides, at wholesale or retail:

 


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ê2009 Statutes of Nevada, Page 979 (Chapter 242, AB 208)ê

 

      (a) Electric service;

      (b) Gas service;

      (c) Water or sewer service;

      (d) Telecommunication service, including, without limitation, local exchange service, long distance service and personal wireless service; or

      (e) Television service, including, without limitation, community antenna television, cable television and other video service.

      Sec. 2.  Any person who obtains certification as a crane operator pursuant to paragraph (c) of subsection 2 of NRS 618.880 before July 1, 2011, is exempt from the requirements of subparagraphs (3) and (4) of paragraph (c) of subsection 2 of NRS 618.880, as amended by section 1 of this act, until the earlier of the date his certification expires or July 1, 2016.

      Sec. 3.  This act becomes effective upon the later of:

      1.  July 1, 2011; or

      2.  The date the Governor declares that the Federal Government has adopted provisions governing the certification of crane operators.

________

 

CHAPTER 243, AB 531

Assembly Bill No. 531–Committee on Ways and Means

 

CHAPTER 243

 

AN ACT relating to administrative assessments; revising provisions governing the distribution of the proceeds of certain administrative assessments; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, a person who pleads or is found guilty of a misdemeanor is required to pay an administrative assessment in addition to any other penalty imposed by the judge. A portion of the proceeds of those assessments must be deposited in the State General Fund and distributed for certain prescribed uses. (NRS 176.059) This bill revises the provisions governing the distribution of those proceeds by: (1) authorizing the Court Administrator to allocate a certain percentage of the proceeds among several prescribed uses; (2) authorizing the use of such proceeds pursuant to legislative authorization for the support of programs within the Office of the Attorney General related to victims of domestic violence; and (3) providing that any proceeds deposited in the State General Fund that are not distributed must be transferred to the uncommitted balance of the State General Fund.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176.059 is hereby amended to read as follows:

      176.059  1.  Except as otherwise provided in subsection 2, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum prescribed by the following schedule as an administrative assessment and render a judgment against the defendant for the assessment:

 


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ê2009 Statutes of Nevada, Page 980 (Chapter 243, AB 531)ê

 

                    Fine                                                                                 Assessment

$5 to $49............................................................................................. $25

50 to 59................................................................................................. 40

60 to 69................................................................................................. 45

70 to 79................................................................................................. 50

80 to 89................................................................................................. 55

90 to 99................................................................................................. 60

100 to 199............................................................................................. 70

200 to 299............................................................................................. 80

300 to 399............................................................................................. 90

400 to 499.......................................................................................... 100

500 to 1,000....................................................................................... 115

 

If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the amount of the administrative assessment that corresponds with the fine for which the defendant would have been responsible as prescribed by the schedule in this subsection.

      2.  The provisions of subsection 1 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      3.  The money collected for an administrative assessment must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 5 or 6. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment he has paid and the justice or judge shall not recalculate the administrative assessment.

      4.  If the justice or judge permits the fine and administrative assessment to be paid in installments, the payments must be first applied to the unpaid balance of the administrative assessment. The city treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 5. The county treasurer shall distribute partially collected administrative assessments in accordance with the requirements of subsection 6.

      5.  The money collected for administrative assessments in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars to the county treasurer for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure.

 


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ê2009 Statutes of Nevada, Page 981 (Chapter 243, AB 531)ê

 

after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the municipal general fund if it has not been committed for expenditure. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.

      6.  The money collected for administrative assessments in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. The county treasurer shall distribute, on or before the 15th day of that month, the money received in the following amounts for each assessment received:

      (a) Two dollars for credit to a special account in the county general fund for the use of the county’s juvenile court or for services to juvenile offenders. Any money remaining in the special account after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a juvenile court, monthly reports of the revenue credited to and expenditures made from the special account.

      (b) Seven dollars for credit to a special revenue fund for the use of the justice courts. Any money remaining in the special revenue fund after 2 fiscal years must be deposited in the county general fund if it has not been committed for expenditure. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      (c) The remainder of each assessment to the State Controller for credit to a special account in the State General Fund.

      7.  The money apportioned to a juvenile court, a justice court or a municipal court pursuant to this section must be used, in addition to providing services to juvenile offenders in the juvenile court, to improve the operations of the court, or to acquire appropriate advanced technology or the use of such technology, or both. Money used to improve the operations of the court may include expenditures for:

      (a) Training and education of personnel;

      (b) Acquisition of capital goods;

      (c) Management and operational studies; or

      (d) Audits.

      8.  Of the total amount deposited in the State General Fund pursuant to subsections 5 and 6, the State Controller shall distribute the money received to the following public agencies in the following manner:

      (a) Not less than 51 percent to the Office of Court Administrator for allocation as follows:

            (1) [Eighteen] Thirty-six and one-half percent of the amount distributed to the Office of Court Administrator for [the] :

 


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

ê2009 Statutes of Nevada, Page 982 (Chapter 243, AB 531)ê

 

                  (I) The administration of the courts [.

            (2) Nine percent of the amount distributed to the Office of Court Administrator for the] ;

                  (II) The development of a uniform system for judicial records [.

            (3) Nine percent of the amount distributed to the Office of Court Administrator for continuing] ; and

                  (III) Continuing judicial education.

            [(4)] (2) Forty-eight percent of the amount distributed to the Office of Court Administrator for the Supreme Court.

            [(5)] (3) Three and one-half percent of the amount distributed to the Office of Court Administrator for the payment for the services of retired justices and retired district judges.

            [(6)] (4) Twelve percent of the amount distributed to the Office of Court Administrator for the provision of specialty court programs.

      (b) Not more than 49 percent must be used to the extent of legislative authorization for the support of:

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

            (2) The Peace Officers’ Standards and Training Commission;

            (3) The operation by the Department of Public Safety of a computerized interoperative system for information related to law enforcement;

            (4) The Fund for the Compensation of Victims of Crime; [and]

            (5) The Advisory Council for Prosecuting Attorneys [.] ; and

            (6) Programs within the Office of the Attorney General related to victims of domestic violence.

      9.  Any money deposited in the State General Fund pursuant to subsections 5 and 6 that is not distributed or used pursuant to paragraph (b) of subsection 8 must be transferred to the uncommitted balance of the State General Fund.

      10.  As used in this section:

      (a) “Juvenile court” has the meaning ascribed to it in NRS 62A.180.

      (b) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320.

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

________

 


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

ê2009 Statutes of Nevada, Page 983ê

 

CHAPTER 244, SB 185

Senate Bill No. 185–Senators Copening, Parks, Wiener; Breeden, Coffin, Hardy, Lee, Mathews and Woodhouse

 

Joint Sponsors: Assemblymen Bobzien; Aizley, Hogan, Mastroluca and Munford

 

CHAPTER 244

 

AN ACT relating to education; requiring the Department of Education to adopt regulations setting forth the standards for environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces in the public schools; requiring school districts to ensure that only environmentally sensitive cleaning and maintenance products are used in the cleaning of all floor surfaces in the public schools; prescribing the process for a waiver under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill expresses the intent of the Legislature with regard to the manner in which school districts may reduce the potential exposure of pupils and school personnel to potentially hazardous chemicals and substances.

      Section 3 of this bill requires the Department of Education to adopt regulations setting forth the standards for environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces in the public schools in this State. Section 3 also requires school districts to ensure that only environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces are used in the public schools in accordance with the regulations adopted by the Department. Section 3 further provides that a school district may submit a written request to the Department for a waiver from these requirements under certain circumstances and authorizes the board of trustees of a school district to use environmentally sensitive cleaning and maintenance products for use in the cleaning of any other surfaces.

      Section 5 of this bill requires school districts to ensure that the public schools within the school district comply with the requirements of section 3 of this bill on or before July 1, 2010.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  The Legislature declares that:

      1.  Children are particularly vulnerable to and may be severely affected by exposure to chemicals, hazardous wastes and other environmental hazards that may be used for cleaning and maintenance in the public schools; and

      2.  It is the intent of the Legislature to reduce the possible exposure of pupils and school personnel to potentially hazardous chemicals and substances which are used in the cleaning and maintenance of the public schools in this State.

      Sec. 3.  1.  The Department of Education shall, in consultation with each school district, the State Department of Conservation and Natural Resources, the Department of Health and Human Services and other interested parties, including, without limitation, representatives of the cleaning and maintenance product industry, nongovernmental agencies and organizations, and parents and legal guardians of pupils enrolled in the school district, adopt regulations setting forth the standards for environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces in the public schools.

 


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

ê2009 Statutes of Nevada, Page 984 (Chapter 244, SB 185)ê

 

Resources, the Department of Health and Human Services and other interested parties, including, without limitation, representatives of the cleaning and maintenance product industry, nongovernmental agencies and organizations, and parents and legal guardians of pupils enrolled in the school district, adopt regulations setting forth the standards for environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces in the public schools.

      2.  The Department shall provide a sample list of approved environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces to each school district based upon the standards prescribed pursuant to subsection 1.

      3.  The Department shall, at least every 2 years, review and may amend the sample list developed pursuant to subsection 2 as necessary.

      4.  Except as otherwise provided in subsections 6 and 7, each school district shall ensure that the public schools within the school district use only environmentally sensitive cleaning and maintenance products in the cleaning of all floor surfaces in the public schools within the school district in accordance with the regulations adopted pursuant to subsection 1.

      5.  The board of trustees of a school district may consult with persons who are knowledgeable and have experience in environmentally sensitive cleaning and maintenance products to determine if the board of trustees should:

      (a) Submit a written request to the Department pursuant to subsection 6 or 7.

      (b) Use any other environmentally sensitive cleaning and maintenance products in the public schools within the school district pursuant to subsection 9.

      6.  If the board of trustees of a school district determines that the costs associated with the purchase or use of environmentally sensitive cleaning and maintenance products for use in the cleaning of floor surfaces are unreasonable and would place an undue burden on the efficient operation of the school district or a particular school within the school district, the board of trustees may submit a written request to the Department for a waiver from purchasing and using environmentally sensitive cleaning and maintenance products for use in the cleaning of floor surfaces for the school district as a whole or for a particular school or schools within the school district.

      7.  If the board of trustees of a school district determines that an environmentally sensitive cleaning and maintenance product for use in the cleaning of floor surfaces which is not included in the sample list developed pursuant to subsection 2 is more economically feasible or is a more effective environmentally sensitive cleaning and maintenance product, the board of trustees may submit a written request to the Department for a waiver to purchase and use such an environmentally sensitive cleaning and maintenance product that complies with the standards prescribed pursuant to subsection 1.

      8.  If a waiver is granted by the Department pursuant to subsection 6 or 7, the waiver is effective for 1 year after the date of its approval and a renewal may be requested on an annual basis in the manner set forth in subsection 6 or 7, as applicable.

      9.  In addition to the environmentally sensitive cleaning and maintenance products for use in the cleaning of floor surfaces in the public schools within the school district required pursuant to subsection 1, the board of trustees of a school district may use environmentally sensitive cleaning products for use in the cleaning of any other surfaces.

 


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

ê2009 Statutes of Nevada, Page 985 (Chapter 244, SB 185)ê

 

public schools within the school district required pursuant to subsection 1, the board of trustees of a school district may use environmentally sensitive cleaning products for use in the cleaning of any other surfaces.

      10.  The regulations adopted by the Department must not prohibit the use of any disinfectant, sanitizer, antimicrobial product or other cleaning product when necessary to protect the health and welfare of the pupils enrolled in a school within the school district and the educational personnel of the school district.

      11.  As used in this section, “environmentally sensitive cleaning and maintenance products” means cleaning and maintenance products that reduce the chemicals, hazardous wastes and other environmental hazards to which pupils and school personnel may be exposed.

      Sec. 4.  On or before January 1, 2010, the Department of Education shall adopt the regulations required by section 3 of this act.

      Sec. 5.  On or before July 1, 2010, each school district shall:

      1.  Ensure that only environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces are used in the public schools within the school district in accordance with the regulations adopted pursuant to section 3 of this act; or

      2.  Request a waiver from the Department of Education pursuant to section 3 of this act.

      Sec. 6.  1.  On or before January 1, 2011, the board of trustees of each school district shall prepare and submit to the Department of Education a written report regarding the implementation of the use of environmentally sensitive cleaning and maintenance products for use in the cleaning of all floor surfaces in the public schools within the school district. The report must include, without limitation:

      (a) A description of the cleaning and maintenance products that were replaced, if any;

      (b) A description of the environmentally sensitive cleaning and maintenance products that are used in the public schools within the school district;

      (c) A description of any requests for a waiver that the school district submitted to the Department and the status of the request; and

      (d) An evaluation of the effectiveness of the use of environmentally sensitive cleaning and maintenance products on the health and safety of the pupils and school personnel in the school district.

      2.  On or before February 1, 2011, the Department of Education shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the 76th Session of the Nevada Legislature regarding the implementation of the use of environmentally sensitive cleaning and maintenance products in the cleaning of all floor surfaces in the public schools within the school districts in this State. The report must include, without limitation:

      (a) A compilation of the reports submitted by each school district pursuant to subsection 1; and

      (b) A description of the requests for a waiver submitted by school districts to the Department pursuant to section 3 of this act, including, without limitation:

            (1) The number of waivers that were granted by the Department and the justification for each waiver; and

 


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

ê2009 Statutes of Nevada, Page 986 (Chapter 244, SB 185)ê

 

            (2) The number of waivers that were denied by the Department and the reasons for each denial.

      Sec. 7.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 245, SB 73

Senate Bill No. 73–Committee on Energy, Infrastructure and Transportation

 

CHAPTER 245

 

AN ACT relating to energy; revising the role of local governing bodies in enforcing standards for conservation of energy and energy efficiency; revising provisions relating to the use of electric resistance for heating spaces; requiring that applications for a partial abatement of certain property taxes be filed with various offices; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires local governing bodies that may adopt their own building codes to incorporate the standards for conservation of energy and energy efficiency adopted by the Director of the Office of Energy into their building codes, or to incorporate stricter standards, and then to enforce such standards. Section 2 of this bill: (1) revises the circumstances under which it is permissible to use electric resistance for the heating of spaces; and (2) requires the owner of a building seeking to use electric resistance for the heating of spaces to apply for permission from the local governing body. Section 3 of this bill removes the requirement that the Office of Energy provide copies of an application for a partial abatement of taxes for the use of green building standards to certain other offices and instead requires the applicant to file copies of his application with those other offices. Section 3 also adds the board of county commissioners and, if the property is located within the boundaries of a city, the city manager and city council.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 701.220 is hereby amended to read as follows:

      701.220  1.  The Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Such regulations must include the adoption of the most recent version of the International Energy Conservation Code, issued by the International Code Council, and any amendments to the Code that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code, and must establish the minimum standards for:

      (a) The construction of floors, walls, ceilings and roofs;

      (b) The equipment and systems for heating, ventilation and air-conditioning;

      (c) Electrical equipment and systems;

      (d) Insulation; and

      (e) Other factors which affect the use of energy in a building.

 


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

ê2009 Statutes of Nevada, Page 987 (Chapter 245, SB 73)ê

 

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code, and any amendments thereto, every third year.

      2.  The Director may exempt a building from a standard if he determines that application of the standard to the building would not accomplish the purpose of the regulations.

      3.  The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.

      4.  The standards adopted by the Director are the minimum standards for the conservation of energy and energy efficiency [which apply only to areas in which the governing body of the local government has not adopted standards for the conservation of energy and energy efficiency in buildings. Such governing bodies shall assist the Director in the enforcement of the regulations adopted pursuant to this section.] in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

      (a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the Director in its building code;

      (b) May adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the Director; and

      (c) Shall enforce the standards adopted.

      5.  The Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

      (a) Persons in the business of constructing and selling homes;

      (b) Contractors;

      (c) Public utilities;

      (d) Local building officials; and

      (e) The general public,

Ê before adopting any regulations. The Director must conduct at least three hearings in different locations in the State, after giving 30 days’ notice of each hearing, before he may adopt any regulations pursuant to this section.

      Sec. 2.  NRS 701.230 is hereby amended to read as follows:

      701.230  1.  In a county whose population is 100,000 or more, a building whose construction , or retrofit that replaces the heating source of the premises, exclusive of maintenance, began on or after October 1, 1983, must not contain a system using electric resistance for heating spaces unless:

      (a) The system is merely supplementary to another means of heating;

      (b) Under the particular circumstances , no other primary means of heating the spaces is [a feasible or economical alternative to heating by] possible other than electric resistance; [or]

      (c) [The Office of Energy determines that the present or future availability of other sources of energy is so limited as to justify the use of such a system.] The system is a hydronic radiant heating system or a system that uses ground-source heat pumps or water-source heat pumps; or

      (d) The system using electric resistance for heating spaces uses electricity produced from renewable energy systems that exist on the owner’s property, including, without limitation, net metering systems.

 


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

ê2009 Statutes of Nevada, Page 988 (Chapter 245, SB 73)ê

 

      2.  The owner of a property who seeks to use a system using electric resistance for heating spaces must submit an application for an exception pursuant to subsection 1 to the governing body of the applicable local government before beginning construction or retrofitting of the system.

      3.  The governing body of the local government:

      (a) Shall enforce subsection 1;

      (b) Shall determine whether the property owner is eligible for an exception pursuant to subsection 1 within 30 days after receiving a complete application from the owner of the property; and

      (c) Shall forward its decision to the owner of the property and to the Director.

      4.  This section does not prohibit the use of incandescent or fluorescent lighting.

      5.  As used in this section, “electric resistance” means passing an electric current through a resistance, coil, wire or other obstacle which impedes electricity and causes it to produce heat.

      Sec. 3.  NRS 701A.110 is hereby amended to read as follows:

      701A.110  1.  Except as otherwise provided in this section, the Director shall grant a partial abatement from the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, on a building or other structure that is determined to meet the equivalent of the silver level or higher by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100, if:

      (a) No funding is provided by any governmental entity in this State for the acquisition, design or construction of the building or other structure or for the acquisition of any land therefor. For the purposes of this paragraph:

            (1) Private activity bonds must not be considered funding provided by a governmental entity.

            (2) The term “private activity bond” has the meaning ascribed to it in 26 U.S.C. § 141.

      (b) The owner of the property:

            (1) Submits an application for the partial abatement to the Director. If such an application is submitted for a project that has not been completed on the date of that submission and there is a significant change in the scope of the project after that date, the application must be amended to include the change or changes.

            (2) Except as otherwise provided in this subparagraph, provides to the Director, within 48 months after applying for the partial abatement, proof that the building or other structure meets the equivalent of the silver level or higher, as determined by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100. The Director may, for good cause shown, extend the period for providing such proof.

            (3) Files a copy of each application and amended application submitted to the Director pursuant to subparagraph (1) with the:

                  (I) Chief of the Budget Division of the Department of Administration;

                  (II) Department of Taxation;

                  (III) County assessor;

                  (IV) County treasurer;

                  (V) Commission on Economic Development;

 


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

ê2009 Statutes of Nevada, Page 989 (Chapter 245, SB 73)ê

 

                  (VI) Board of county commissioners; and

                  (VII) City manager and city council, if any.

      2.  As soon as practicable after the Director receives [:

      (a) The application required by subsection 1, the Director shall forward a copy of that application to the:

            (1) Chief of the Budget Division of the Department of Administration;

            (2) Department of Taxation;

            (3) County assessor;

            (4) County treasurer; and

            (5) Commission on Economic Development.

      (b) The] the application and proof required by subsection 1, the Director shall determine whether the building or other structure is eligible for the abatement and, if so, forward a certificate of eligibility for the abatement to the:

            [(1)] (a) Department of Taxation;

            [(2)] (b) County assessor;

            [(3)] (c) County treasurer; and

            [(4)] (d) Commission on Economic Development.

      3.  As soon as practicable after receiving a copy of:

      (a) An application pursuant to subparagraph (3) of paragraph [(a)] (b) of subsection [2:] 1:

            (1) The Chief of the Budget Division shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State; and

            (2) The Department of Taxation shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on each affected local government, and forward a copy of the fiscal note to each affected local government.

      (b) A certificate of eligibility pursuant to [paragraph (b) of] subsection 2, the Department of Taxation shall forward a copy of the certificate to each affected local government.

      4.  The partial abatement:

      (a) Must be for a duration of not more than 10 years and in an annual amount that equals, for a building or other structure that meets the equivalent of:

            (1) The silver level, 25 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land;

            (2) The gold level, 30 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land; or

            (3) The platinum level, 35 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land.

      (b) Does not apply during any period in which the owner of the building or other structure is receiving another abatement or exemption pursuant to this chapter or NRS 361.045 to 361.159, inclusive, from the taxes imposed pursuant to chapter 361 of NRS.

 


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

ê2009 Statutes of Nevada, Page 990 (Chapter 245, SB 73)ê

 

      (c) Terminates upon any determination by the Director that the building or other structure has ceased to meet the equivalent of the silver level or higher. The Director shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the building or other structure has ceased to meet that standard. The Director shall immediately provide notice of each determination of termination to the:

            (1) Department of Taxation, who shall immediately notify each affected local government of the determination;

            (2) County assessor;

            (3) County treasurer; and

            (4) Commission on Economic Development.

      5.  The Director shall adopt regulations:

      (a) Establishing the qualifications and methods to determine eligibility for the abatement;

      (b) Prescribing such forms as will ensure that all information and other documentation necessary to make an appropriate determination is filed with the Director; and

      (c) Prescribing the criteria for determining when there is a significant change in the scope of a project for the purposes of subparagraph (1) of paragraph (b) of subsection 1,

Ê and the Department of Taxation shall adopt such additional regulations as it determines to be appropriate to carry out the provisions of this section.

      6.  As used in this section:

      (a) “Building or other structure” does not include any building or other structure for which the principal use is as a residential dwelling for not more than four families.

      (b) “Director” means the Director of the Office of Energy appointed pursuant to NRS 701.150.

      (c) “Taxes imposed for public education” means:

            (1) Any ad valorem tax authorized or required by chapter 387 of NRS;

            (2) Any ad valorem tax authorized or required by chapter 350 of NRS for the obligations of a school district, including, without limitation, any ad valorem tax necessary to carry out the provisions of subsection 5 of NRS 350.020; and

            (3) Any other ad valorem tax for which the proceeds thereof are dedicated to the public education of pupils in kindergarten through grade 12.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 


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

ê2009 Statutes of Nevada, Page 991ê

 

CHAPTER 246, AB 387

Assembly Bill No. 387–Assemblymen Conklin, Kirkpatrick, Leslie, Buckley, Oceguera; and Bobzien

 

CHAPTER 246

 

AN ACT relating to public utilities; requiring public utilities to submit certain information regarding renewable energy to the Public Utilities Commission of Nevada; authorizing the Commission to approve construction or expansion of transmission facilities based on an expectation of future renewable energy development; revising provisions requiring certain providers of electric service to comply with a portfolio standard for renewable energy; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 6 of this bill requires a utility to submit with its plan to increase its supply of electricity or decrease the demands made by its customers a description of specific geographic zones where renewable energy could be used to generate electricity but transmission facilities are inadequate to deliver such electricity to customers.

      Section 7 of this bill requires the Public Utilities Commission of Nevada to consider the level of financial commitment from developers of renewable energy projects when evaluating a plan submitted pursuant to NRS 704.741.

      Section 8 of this bill allows the Commission to accept a transmission plan if it would help the utility to meet the portfolio standard defined in NRS 704.7805.

      Section 4.3 of this bill requires the Commission to report to the Director of the Legislative Counsel Bureau by February 15 of each odd-numbered year concerning any transmission plan proposed, accepted or made known to the Commission since the last report.

      Section 9 of this bill revises the amount of electricity that a provider must generate, acquire or save to satisfy the portfolio standard from 2025 onward. Section 9 also revises the amount of electricity that must be generated or acquired from solar energy renewable systems to satisfy the portfolio standard from 2015 onward. Additionally, section 9 exempts providers of new electric resources from the portfolio standard that is applicable to other providers of electric service.

      Section 4.7 of this bill provides that the portfolio standard for electricity sold by providers of new electric resources is the portfolio standard set forth in NRS 704.7821 which is effective on the date on which the Commission issues an order approving an application or request submitted by the provider of new electric resources.

      Section 11 of this bill requires the plan described in section 6 to be filed not later than January 1, 2011. Section 12 of this bill requires the Commission to adopt regulations designating renewable energy zones not later than January 1, 2010.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 701B.290 is hereby amended to read as follows:

      701B.290  1.  After a participant installs a solar energy system included in the Solar Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 [.] and section 4.7 of this act.

 


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

ê2009 Statutes of Nevada, Page 992 (Chapter 246, AB 387)ê

 

      2.  The Commission shall designate the portfolio energy credits issued pursuant to this section as portfolio energy credits generated, acquired or saved from solar renewable energy systems for the purposes of the portfolio standard.

      3.  All portfolio energy credits issued for a solar energy system installed pursuant to the Solar Program must be assigned to and become the property of the utility administering the Program.

      Sec. 2.  NRS 701B.640 is hereby amended to read as follows:

      701B.640  1.  After a participant installs a wind energy system included in the Wind Demonstration Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 and section 4.7 of this act equal to the actual or estimated kilowatt-hour production of the wind energy system.

      2.  All portfolio energy credits issued for a wind energy system installed pursuant to the Wind Demonstration Program must be assigned to and become the property of the utility administering the Program.

      Sec. 3.  NRS 701B.870 is hereby amended to read as follows:

      701B.870  1.  After a participant installs a waterpower energy system included in the Waterpower Demonstration Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 and section 4.7 of this act equal to the actual or estimated kilowatt-hour production of the waterpower energy system of the participant.

      2.  All portfolio energy credits issued for a waterpower energy system installed pursuant to the Waterpower Demonstration Program are assigned to and become the property of the utility administering the Program.

      Sec. 4.  Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 4.3 and 4.7 of this act.

      Sec. 4.3.  On or before February 15 of each odd-numbered year, the Commission shall review, approve and submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report compiling all information about any transmission plan proposed by, adopted by or made known to the Commission since the last report.

      Sec. 4.7.  1.  If the Commission issues an order approving an application that is filed pursuant to NRS 704B.310 or a request that is filed pursuant to NRS 704B.325 regarding a provider of new electric resources and an eligible customer, the Commission must establish in the order a portfolio standard applicable to the electricity sold by the provider of new electric resources to the eligible customer in accordance with the order. The portfolio standard must require the provider of new electric resources to generate, acquire or save electricity from portfolio energy systems or efficiency measures in the amounts described in the portfolio standard set forth in NRS 704.7821 which is effective on the date on which the order approving the application or request is approved.

      2.  Of the total amount of electricity that a provider of new electric resources is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures.

 


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

ê2009 Statutes of Nevada, Page 993 (Chapter 246, AB 387)ê

 

      3.  If, for the benefit of one or more eligible customers, the eligible customer of a provider of new electric resources has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider of new electric resources generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      4.  As used in this section:

      (a) “Eligible customer” has the meaning ascribed to it in NRS 704B.080.

      (b) “Provider of new electric resources” has the meaning ascribed to it in NRS 704B.130.

      Sec. 5.  NRS 704.736 is hereby amended to read as follows:

      704.736  The application of NRS 704.736 to 704.751, inclusive, and section 4.3 of this act is limited to any public utility in the business of supplying electricity which has an annual operating revenue in this state of $2,500,000 or more.

      Sec. 6.  NRS 704.741 is hereby amended to read as follows:

      704.741  1.  A utility which supplies electricity in this State shall, on or before July 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission.

      2.  The Commission shall, by regulation [, prescribe] :

      (a) Prescribe the contents of such a plan including, but not limited to, the methods or formulas which are used by the utility to:

      [(a)] (1) Forecast the future demands; and

      [(b)] (2) Determine the best combination of sources of supply to meet the demands or the best method to reduce them [.] ; and

      (b) Designate renewable energy zones and revise the designated renewable energy zones as the Commission deems necessary.

      3.  The Commission shall require the utility to include in its plan an energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel. The energy efficiency program must include, without limitation, the use of new solar thermal energy sources.

      4.  The Commission shall require the utility to include in its plan a plan for construction or expansion of transmission facilities to serve renewable energy zones and to facilitate the utility in meeting the portfolio standard established by NRS 704.7821.

      5.  As used in this section, “renewable energy zones” means specific geographic zones where renewable energy resources are sufficient to develop generation capacity and where transmission constrains the delivery of electricity from those resources to customers.

      Sec. 7.  NRS 704.746 is hereby amended to read as follows:

      704.746  1.  After a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.

      2.  At the hearing any interested person may make comments to the Commission regarding the contents and adequacy of the plan.

      3.  After the hearing, the Commission shall determine whether:

      (a) The forecast requirements of the utility are based on substantially accurate data and an adequate method of forecasting.

 


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ê2009 Statutes of Nevada, Page 994 (Chapter 246, AB 387)ê

 

      (b) The plan identifies and takes into account any present and projected reductions in the demand for energy that may result from measures to improve energy efficiency in the industrial, commercial, residential and energy producing sectors of the area being served.

      (c) The plan adequately demonstrates the economic, environmental and other benefits to this State and to the customers of the utility, associated with the following possible measures and sources of supply:

            (1) Improvements in energy efficiency;

            (2) Pooling of power;

            (3) Purchases of power from neighboring states or countries;

            (4) Facilities that operate on solar or geothermal energy or wind;

            (5) Facilities that operate on the principle of cogeneration or hydrogeneration; [and]

            (6) Other generation facilities [.] ; and

            (7) Other transmission facilities.

      4.  The Commission may give preference to the measures and sources of supply set forth in paragraph (c) of subsection 3 that:

      (a) Provide the greatest economic and environmental benefits to the State;

      (b) Are consistent with the provisions of this section; and

      (c) Provide levels of service that are adequate and reliable.

      5.  The Commission shall:

      (a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and

      (b) Consider the value to the public of using water efficiently when it is determining those preferences.

      6.  The Commission shall:

      (a) Consider the level of financial commitment from developers of renewable energy projects in each renewable energy zone, as designated pursuant to subsection 2 of NRS 704.741; and

      (b) Adopt regulations establishing a process for considering such commitments including, without limitation, contracts for the sale of energy, leases of land and mineral rights, cash deposits and letters of credit.

      Sec. 8.  NRS 704.751 is hereby amended to read as follows:

      704.751  1.  After a utility has filed the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting the plan as filed or specifying any portions of the plan it deems to be inadequate:

      (a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and

      (b) Within 180 days for all portions of the plan not described in paragraph (a).

      2.  If a utility files an amendment to a plan, the Commission shall issue an order accepting the amendment as filed or specifying any portions of the amendment it deems to be inadequate within 135 days of the filing of the amendment.

      3.  All prudent and reasonable expenditures made to develop the utility’s plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility’s customers.

 


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ê2009 Statutes of Nevada, Page 995 (Chapter 246, AB 387)ê

 

      4.  The Commission may accept a transmission plan submitted pursuant to subsection 4 of NRS 704.741 for a renewable energy zone if the Commission determines that the construction or expansion of transmission facilities would facilitate the utility meeting the portfolio standard, as defined in NRS 704.7805.

      5.  The Commission shall adopt regulations establishing the criteria for determining the adequacy of a transmission plan submitted pursuant to subsection 4 of NRS 704.741.

      Sec. 8.2.  NRS 704.775 is hereby amended to read as follows:

      704.775  1.  The billing period for net metering must be a monthly period.

      2.  The net energy measurement must be calculated in the following manner:

      (a) The utility shall measure, in kilowatt-hours, the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

      (b) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.

      (c) If the electricity generated by the customer-generator which is fed back to the utility exceeds the electricity supplied by the utility during the billing period:

            (1) Neither the utility nor the customer-generator is entitled to compensation for the electricity provided to the other during the billing period.

            (2) The excess electricity which is fed back to the utility during the billing period is carried forward to the next billing period as an addition to the kilowatt-hours generated by the customer-generator in that billing period. If the customer-generator is billed for electricity pursuant to a time-of-use rate schedule, the excess electricity carried forward must be added to the same time-of-use period as the time-of-use period in which it was generated unless the subsequent billing period lacks a corresponding time-of-use period. In that case, the excess electricity carried forward must be apportioned evenly among the available time-of-use periods.

            (3) Excess electricity may be carried forward to subsequent billing periods indefinitely, but a customer-generator is not entitled to receive compensation for any excess electricity that remains if:

                  (I) The net metering system ceases to operate or is disconnected from the utility’s transmission and distribution facilities;

                  (II) The customer-generator ceases to be a customer of the utility at the premises served by the net metering system; or

                  (III) The customer-generator transfers the net metering system to another person.

            (4) The value of the excess electricity must not be used to reduce any other fee or charge imposed by the utility.

      3.  If the cost of purchasing and installing a net metering system was paid for:

 


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ê2009 Statutes of Nevada, Page 996 (Chapter 246, AB 387)ê

 

      (a) In whole or in part by a utility, the electricity generated by the net metering system shall be deemed to be electricity that the utility generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive [.] , and section 4.7 of this act.

      (b) Entirely by a customer-generator, the Commission shall issue to the customer-generator portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 and section 4.7 of this act equal to the electricity generated by the net metering system.

      4.  A bill for electrical service is due at the time established pursuant to the terms of the contract between the utility and the customer-generator.

      Sec. 8.4.  NRS 704.7801 is hereby amended to read as follows:

      704.7801  As used in NRS 704.7801 to 704.7828, inclusive, and section 4.7 of this act, unless the context otherwise requires, the words and terms defined in NRS 704.7802 to 704.7819, inclusive, have the meanings ascribed to them in those sections.

      Sec. 8.6.  NRS 704.7805 is hereby amended to read as follows:

      704.7805  “Portfolio standard” means the amount of electricity that a provider must generate, acquire or save from portfolio energy systems or efficiency measures, as established by the Commission pursuant to NRS 704.7821 [.] and section 4.7 of this act.

      Sec. 8.8.  NRS 704.7815 is hereby amended to read as follows:

      704.7815  “Renewable energy system” means:

      1.  A facility or energy system that [:

      (a) Uses] uses renewable energy or energy from a qualified energy recovery process to generate electricity [;] and :

      (a) Uses the electricity that it generates from renewable energy or energy from a qualified recovery process in this State; or

      (b) Transmits or distributes the electricity that it generates from renewable energy or energy from a qualified energy recovery process [via:

            (1) A power line which is dedicated to the transmission or distribution of electricity generated from renewable energy or energy from a qualified energy recovery process and which is connected to a facility or system owned, operated or controlled by a provider of electric service; or

            (2) A power line which is shared with not more than one facility or energy system generating electricity from nonrenewable energy and which is connected to a facility or system owned, operated or controlled by a provider of electric service.] to a provider of electric service for delivery into and use in this State.

      2.  A solar energy system that reduces the consumption of electricity or any fossil fuel.

      3.  A net metering system used by a customer-generator pursuant to NRS 704.766 to 704.775, inclusive.

      Sec. 9.  NRS 704.7821 is hereby amended to read as follows:

      704.7821  1.  For each provider of electric service, the Commission shall establish a portfolio standard. The portfolio standard must require each provider to generate, acquire or save electricity from portfolio energy systems or efficiency measures in an amount that is:

      (a) For calendar years 2005 and 2006, not less than 6 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

 


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ê2009 Statutes of Nevada, Page 997 (Chapter 246, AB 387)ê

 

      (b) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (c) For calendar years 2009 and 2010, not less than 12 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (d) For calendar years 2011 and 2012, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (e) For calendar years 2013 and 2014, not less than 18 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (f) For calendar [year] years 2015 [and for each calendar year thereafter,] through 2019, inclusive, not less than 20 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (g) For calendar years 2020 through 2024, inclusive, not less than 22 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (h) For calendar year 2025 and for each calendar year thereafter, not less than 25 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      2.  [Except as otherwise provided in subsection 3, in] In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:

      (a) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not less than :

            (1) For calendar years 2009 through 2015, inclusive, 5 percent of that amount must be generated or acquired from solar renewable energy systems.

            (2) For calendar year 2016 and for each calendar year thereafter, 6 percent of that amount must be generated or acquired from solar renewable energy systems.

      (b) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures. If the provider intends to use energy efficiency measures to comply with its portfolio standard during any calendar year, of the total amount of electricity saved from energy efficiency measures for which the provider seeks to obtain portfolio energy credits pursuant to this paragraph, at least 50 percent of that amount must be saved from energy efficiency measures installed at service locations of residential customers of the provider, unless a different percentage is approved by the Commission.

      (c) If the provider acquires or saves electricity from a portfolio energy system or efficiency measure pursuant to a renewable energy contract or energy efficiency contract with another party:

            (1) The term of the contract must be not less than 10 years, unless the other party agrees to a contract with a shorter term; and

            (2) The terms and conditions of the contract must be just and reasonable, as determined by the Commission. If the provider is a utility provider and the Commission approves the terms and conditions of the contract between the utility provider and the other party, the contract and its terms and conditions shall be deemed to be a prudent investment and the utility provider may recover all just and reasonable costs associated with the contract.

 


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ê2009 Statutes of Nevada, Page 998 (Chapter 246, AB 387)ê

 

provider and the Commission approves the terms and conditions of the contract between the utility provider and the other party, the contract and its terms and conditions shall be deemed to be a prudent investment and the utility provider may recover all just and reasonable costs associated with the contract.

      3.  [The provisions of paragraphs (b) and (c) of subsection 2 do not apply to a provider of new electric resources pursuant to chapter 704B of NRS with respect to its use of an energy efficiency measure that is financed by a customer, or which is a geothermal energy system for the provision of heated water to one or more customers and which reduces the consumption of electricity or any fossil fuel, except that, of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not more than 25 percent of that amount may be based on energy efficiency measures.

      4.]  If, for the benefit of one or more retail customers in this State, the provider [, or the customer of a provider of new electric resources pursuant to chapter 704B of NRS,] has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      [5.] 4.  The Commission shall adopt regulations that establish a system of portfolio energy credits that may be used by a provider to comply with its portfolio standard.

      [6.] 5.  Except as otherwise provided in subsection [7,] 6, each provider shall comply with its portfolio standard during each calendar year.

      [7.] 6.  If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of portfolio energy credits, the provider shall take actions to acquire or save electricity pursuant to one or more renewable energy contracts or energy efficiency contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity or a sufficient amount of energy savings made available to the provider pursuant to renewable energy contracts and energy efficiency contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.

      [8.] 7.  The Commission shall adopt regulations that establish:

      (a) Standards for the determination of just and reasonable terms and conditions for the renewable energy contracts and energy efficiency contracts that a provider must enter into to comply with its portfolio standard.

      (b) Methods to classify the financial impact of each long-term renewable energy contract and energy efficiency contract as an additional imputed debt of a utility provider. The regulations must allow the utility provider to propose an amount to be added to the cost of the contract, at the time the contract is approved by the Commission, equal to a compensating component in the capital structure of the utility provider. In evaluating any proposal made by a utility provider pursuant to this paragraph, the Commission shall consider the effect that the proposal will have on the rates paid by the retail customers of the utility provider.

 


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ê2009 Statutes of Nevada, Page 999 (Chapter 246, AB 387)ê

 

made by a utility provider pursuant to this paragraph, the Commission shall consider the effect that the proposal will have on the rates paid by the retail customers of the utility provider.

      8.  Except as otherwise provided in section 4.7 of this act, the provisions of this section do not apply to a provider of new electric resources as defined in NRS 704B.130.

      9.  As used in this section:

      (a) “Energy efficiency contract” means a contract to attain energy savings from one or more energy efficiency measures owned, operated or controlled by other parties.

      (b) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.

      (c) “Terms and conditions” includes, without limitation, the price that a provider must pay to acquire electricity pursuant to a renewable energy contract or to attain energy savings pursuant to an energy efficiency contract.

      Sec. 9.3.  NRS 704.7822 is hereby amended to read as follows:

      704.7822  For the purpose of complying with a portfolio standard established pursuant to NRS 704.7821 [,] or section 4.7 of this act, a provider shall be deemed to have generated or acquired 2.4 kilowatt-hours of electricity from a renewable energy system for each 1.0 kilowatt-hour of actual electricity generated or acquired from a solar photovoltaic system, if:

      1.  The system is installed on the premises of a retail customer; and

      2.  On an annual basis, at least 50 percent of the electricity generated by the system is utilized by the retail customer on that premises.

      Sec. 9.5.  NRS 704.7823 is hereby amended to read as follows:

      704.7823  1.  Except as otherwise provided in subsection 2, any electricity generated by a provider using any system that involves drawing or creating electricity from tires must be deemed to have not come from a renewable energy system for the purpose of complying with a portfolio standard established pursuant to NRS 704.7821 [.] or section 4.7 of this act.

      2.  For the purpose of complying with a portfolio standard established pursuant to NRS 704.7821 [,] or section 4.7 of this act, a provider shall be deemed to have generated or acquired 0.7 kilowatt-hours of electricity from a renewable energy system for each 1.0 kilowatt-hour of actual electricity generated or acquired from a system that utilizes a reverse polymerization process, if:

      (a) The system is installed on the premises of a retail customer; and

      (b) On an annual basis, at least 50 percent of the electricity generated by the system is utilized by the retail customer on that premises.

      3.  As used in this section:

      (a) “Reverse polymerization process” means a process that generates electricity from a tire that:

            (1) Uses microwave reduction; and

            (2) Does not involve combustion of the tire.

      (b) “Tire” includes any tire for any vehicle or device in, upon or by which any person or property is or may be transported or drawn upon land.

      Sec. 9.7.  NRS 704.7828 is hereby amended to read as follows:

      704.7828  1.  The Commission shall adopt regulations to carry out and enforce the provisions of NRS 704.7801 to 704.7828, inclusive [.] , and section 4.7 of this act. The regulations adopted by the Commission may include any enforcement mechanisms which are necessary and reasonable to ensure that each provider of electric service complies with its portfolio standard.

 


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ê2009 Statutes of Nevada, Page 1000 (Chapter 246, AB 387)ê

 

ensure that each provider of electric service complies with its portfolio standard. Such enforcement mechanisms may include, without limitation, the imposition of administrative fines.

      2.  If a provider exceeds the portfolio standard for any calendar year, the Commission shall authorize the provider to carry forward to subsequent calendar years for the purpose of complying with the portfolio standard for those subsequent calendar years any excess kilowatt-hours of electricity that the provider generates, acquires or saves from portfolio energy systems or efficiency measures.

      3.  If a provider does not comply with its portfolio standard for any calendar year and the Commission has not exempted the provider from the requirements of its portfolio standard pursuant to NRS 704.7821 [,] or section 4.7 of this act, the Commission [may] :

      (a) Shall require the provider to carry forward to subsequent calendar years the amount of the deficiency in kilowatt-hours of electricity that the provider does not generate, acquire or save from portfolio energy systems or efficiency measures during a calendar year in violation of its portfolio standard; and

      (b) May impose an administrative fine against the provider or take other administrative action against the provider, or do both.

      [3.] 4.  The Commission may impose an administrative fine against a provider based upon:

      (a) Each kilowatt-hour of electricity that the provider does not generate, acquire or save from portfolio energy systems or efficiency measures during a calendar year in violation of its portfolio standard; or

      (b) Any other reasonable formula adopted by the Commission.

      [4.] 5.  In the aggregate, the administrative fines imposed against a provider for all violations of its portfolio standard for a single calendar year must not exceed the amount which is necessary and reasonable to ensure that the provider complies with its portfolio standard, as determined by the Commission.

      [5.] 6.  If the Commission imposes an administrative fine against a utility provider:

      (a) The administrative fine is not a cost of service of the utility provider;

      (b) The utility provider shall not include any portion of the administrative fine in any application for a rate adjustment or rate increase; and

      (c) The Commission shall not allow the utility provider to recover any portion of the administrative fine from its retail customers.

      [6.] 7.  All administrative fines imposed and collected pursuant to this section must be deposited in the State General Fund.

      Sec. 10.  NRS 704.873 is hereby amended to read as follows:

      704.873  If a public utility that is subject to the provisions of NRS 704.736 to 704.751, inclusive, and section 4.3 of this act applies to the Commission for a permit for the construction of a utility facility:

      1.  The Commission has exclusive jurisdiction with regard to the determination of whether a need exists for the utility facility; and

      2.  No other permitting entity may consider, in its review of any application for a permit, license or other approval for the construction of the utility facility, whether a need exists for the utility facility.

 


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ê2009 Statutes of Nevada, Page 1001 (Chapter 246, AB 387)ê

 

      Sec. 10.3.  (Deleted by amendment.)

      Sec. 10.5.  NRS 704B.320 is hereby amended to read as follows:

      704B.320  1.  For eligible customers whose loads are in the service territory of an electric utility that primarily serves densely populated counties, the aggregate amount of energy that all such eligible customers purchase from providers of new electric resources before July 1, 2003, must not exceed 50 percent of the difference between the existing supply of energy generated in this State that is available to the electric utility and the existing demand for energy in this State that is consumed by the customers of the electric utility, as determined by the Commission.

      2.  An eligible customer that is a nongovernmental commercial or industrial end-use customer whose load is in the service territory of an electric utility that primarily serves densely populated counties shall not purchase energy, capacity or ancillary services from a provider of new electric resources unless, as part of the proposed transaction, the eligible customer agrees to:

      (a) Contract with the provider to purchase:

            (1) An additional amount of energy which is equal to 10 percent of the total amount of energy that the eligible customer is purchasing for its own use under the proposed transaction and which is purchased at the same price, terms and conditions as the energy purchased by the eligible customer for its own use; and

            (2) The capacity and ancillary services associated with the additional amount of energy at the same price, terms and conditions as the capacity and ancillary services purchased by the eligible customer for its own use; and

      (b) Offers to assign the rights to the contract to the electric utility for use by the remaining customers of the electric utility.

      3.  If an eligible customer is subject to the provisions of subsection 2, the eligible customer shall include with its application filed pursuant to NRS 704B.310 all information concerning the contract offered to the electric utility that is necessary for the Commission to determine whether it is in the best interest of the remaining customers of the electric utility for the electric utility to accept the rights to the contract. Such information must include, without limitation, the amount of the energy and capacity to be purchased under the contract, the price of the energy, capacity and ancillary services and the duration of the contract.

      4.  Notwithstanding any specific statute to the contrary, information concerning the price of the energy, capacity and ancillary services and any other terms or conditions of the contract that the Commission determines are commercially sensitive:

      (a) Must not be disclosed by the Commission except to the Regulatory Operations Staff of the Commission, the Consumer’s Advocate and his staff and the electric utility for the purposes of carrying out the provisions of this section; and

      (b) Except as otherwise provided in NRS 239.0115, shall be deemed to be confidential for all other purposes, and the Commission shall take such actions as are necessary to protect the confidentiality of such information.

      5.  If the Commission determines that the contract:

      (a) Is not in the best interest of the remaining customers of the electric utility, the electric utility shall not accept the rights to the contract, and the eligible customer is entitled to all rights to the contract.

 


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ê2009 Statutes of Nevada, Page 1002 (Chapter 246, AB 387)ê

 

      (b) Is in the best interest of the remaining customers of the electric utility, the electric utility shall accept the rights to the contract and the eligible customer shall assign all rights to the contract to the electric utility. A contract that is assigned to the electric utility pursuant to this paragraph shall be deemed to be an approved part of the resource plan of the electric utility and a prudent investment, and the electric utility may recover all costs for the energy, capacity and ancillary services acquired pursuant to the contract. To the extent practicable, the Commission shall take actions to ensure that the electric utility uses the energy, capacity and ancillary services acquired pursuant to each such contract only for the benefit of the remaining customers of the electric utility that are not eligible customers, with a preference for the remaining customers of the electric utility that are residential customers with small loads.

      6.  The provisions of this section do not exempt the electric utility, in whole or in part, from the requirements imposed on the electric utility pursuant to NRS 704.7801 to 704.7828, inclusive, and section 4.7 of this act, to comply with its portfolio standard. The Commission shall not take any actions pursuant to this section that conflict with or diminish those requirements.

      Sec. 10.7.  (Deleted by amendment.)

      Sec. 11.  Any public utility required to file a plan pursuant to NRS 704.741 that would not otherwise be required to file a new plan before January 1, 2011, shall submit an amendment to its existing plan by January 1, 2011, that complies with the provisions relating to a transmission plan in NRS 704.741, as amended by section 6 of this act.

      Sec. 11.5.  (Deleted by amendment.)

      Sec. 12.  The Public Utilities Commission of Nevada shall, not later than January 1, 2010, adopt regulations that designate renewable energy zones as defined in NRS 704.741, as amended by section 6 of this act.

      Sec. 13.  1.  This act becomes effective on July 1, 2009.

      2.  Sections 2 and 3 of this act expire by limitation on June 30, 2011.

________

 


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ê2009 Statutes of Nevada, Page 1003ê

 

CHAPTER 247, SB 128

Senate Bill No. 128–Senators Parks, Carlton, Horsford, Wiener; Amodei, Breeden, Cegavske, Coffin, Copening, Lee, Mathews, McGinness, Nolan, Schneider and Woodhouse (by request)

 

Joint Sponsors: Assemblymen Conklin, Segerblom, Anderson, Koivisto, Pierce; Aizley, Bobzien, Buckley, Denis, Dondero Loop, Grady, Leslie, Manendo, McClain, Oceguera, Ohrenschall and Parnell

 

CHAPTER 247

 

AN ACT relating to property; requiring certain persons to record foreclosure sales and sales of real property under a deed of trust within a certain period of time after the sale; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides for a trustee to execute a power of sale on real property after a breach of an obligation or payment of debt due to the trustee. Section 1 of this bill amends existing law to: (1) require the trustee to record the sale of the property with the appropriate office of the county recorder within 30 days after the date of the sale or deliver, within 20 days after the date of the sale, the deed to the successful bidder, who must then record the deed with the appropriate office of the county recorder within 10 days after the date of delivery; and (2) make the successful bidder liable for certain damages for failure to cause such recordation. (NRS 107.080)

      Existing law provides for a person to proceed on an action for the recovery of any debt or for the enforcement of any right secured by a mortgage or other lien upon real estate. Section 2 of this bill amends existing law to require the sheriff who conducted a foreclosure sale pursuant to such an action to record the sale with the appropriate office of the county recorder within 30 days after the date of the sale. (NRS 40.430)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Except as otherwise provided in NRS 107.085, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) In the case of any trust agreement coming into force:

            (1) On or after July 1, 1949, and before July 1, 1957, the grantor, or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

            (2) On or after July 1, 1957, the grantor, or his successor in interest, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property, has for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment;

 


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      (b) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of his election to sell or cause to be sold the property to satisfy the obligation; and

      (c) Not less than 3 months have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2 commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor, and to the person who holds the title of record on the date the notice of default and election to sell is recorded, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.

      4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

      (a) Providing the notice to each trustor and any other person entitled to notice pursuant to this section by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;

      (b) Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold; and

      (c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated.

      5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and his successors in interest without equity or right of redemption. A sale made pursuant to this section may be declared void by any court of competent jurisdiction in the county where the sale took place if:

      (a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section;

      (b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 90 days after the date of the sale; and

      (c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within 30 days after commencement of the action.

 


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      6.  If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 120 days after the date on which the person received actual notice of the sale.

      7.  The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

      8.  After a sale of property is conducted pursuant to this section, the trustee shall:

      (a) Within 30 days after the date of the sale, record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located; or

      (b) Within 20 days after the date of the sale, deliver the trustee’s deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located.

      9.  If the successful bidder fails to record the trustee’s deed upon sale pursuant to paragraph (b) of subsection 8, the successful bidder:

      (a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorney’s fees and the costs of bringing the action; and

      (b) Is liable in a civil action for any actual damages caused by his failure to comply with the provisions of subsection 8 and for reasonable attorney’s fees and the costs of bringing the action.

      Sec. 2.  NRS 40.430 is hereby amended to read as follows:

      40.430  1.  Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of NRS 40.430 to 40.459, inclusive. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRS 40.462.

      2.  This section must be construed to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.

      3.  A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.

      4.  Within 30 days after a sale of property is conducted pursuant to this section, the sheriff who conducted the sale shall record the sale of the property in the office of the county recorder of the county in which the property is located.

 


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ê2009 Statutes of Nevada, Page 1006 (Chapter 247, SB 128)ê

 

      5.  As used in this section, an “action” does not include any act or proceeding:

      (a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt or as provided in NRS 32.015.

      (b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.

      (c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the State which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.

      (d) For the recovery of damages arising from the commission of a tort, including a recovery under NRS 40.750, or the recovery of any declaratory or equitable relief.

      (e) For the exercise of a power of sale pursuant to NRS 107.080.

      (f) For the exercise of any right or remedy authorized by chapter 104 of NRS or by the Uniform Commercial Code as enacted in any other state.

      (g) For the exercise of any right to set off, or to enforce a pledge in, a deposit account pursuant to a written agreement or pledge.

      (h) To draw under a letter of credit.

      (i) To enforce an agreement with a surety or guarantor if enforcement of the mortgage or other lien has been automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095.

      (j) To collect any debt, or enforce any right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other right secured by a senior mortgage or other senior lien on the property.

      (k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt.

      (l) For filing a claim pursuant to chapter 147 of NRS or to enforce such a claim which has been disallowed.

      (m) Which does not include the collection of the debt or realization of the collateral securing the debt.

      (n) Pursuant to NRS 40.507 or 40.508.

      (o) Which is exempted from the provisions of this section by specific statute.

      (p) To recover costs of suit, costs and expenses of sale, attorneys’ fees and other incidental relief in connection with any action authorized by this subsection.

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

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