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ê2009 Statutes of Nevada, Page 1233 (Chapter 287, AB 205)ê

 

      [5.] 4.  Sections 1 [, 2, 3 and 5] to 4, inclusive, of this act expire by limitation on June 30, 2011.

      Sec. 29.  1.  NRS 361A.155 is hereby repealed.

      2.  Section 5 of chapter 4, Statutes of Nevada 2008, 25th Special Session, at page 17, is hereby repealed.

      Sec. 30.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 31.  1.  This section and sections 3, 4, 27, 28, subsection 2 of section 29 and section 30 of this act become effective upon passage and approval.

      2.  Sections 1, 2 and 5 to 26, inclusive, and subsection 1 of section 29 of this act become effective on July 1, 2009.

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CHAPTER 288, AB 220

Assembly Bill No. 220–Assemblymen Smith, Anderson, Bobzien; Atkinson, Conklin, Kihuen, Leslie, Mastroluca and Oceguera

 

CHAPTER 288

 

AN ACT relating to the subdivision of land; revising the requirements for the purchase of property for school construction; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law sets forth a multistep process for obtaining approval for the subdivision of land. (NRS 278.320-278.460) One of the preliminary requirements is a determination of the need for a school in the area in which the subdivision is located. (NRS 278.330) If a school is needed, the subdivider is required to make suitable land within the proposed subdivision available for purchase by the school district at a price which does not exceed the fair market value of the land. Under existing law, if the school district does not construct a school on the land within 10 years from the date of purchase, the land must be offered for resale back to the subdivider or his successor in interest. (NRS 278.346)

      This bill provides that, in a county whose population is 100,000 or more but less than 400,000 (currently Washoe County), the school district and subdivider may negotiate a purchase price which is the lesser of: (1) the fair market value of the land on the date of purchase; or (2) the fair market value of the land at the time the tentative subdivision map was approved plus the costs of certain expenses paid by the subdivider. This bill also provides that, in such a county, if the purchase is not completed within 5 years after the final map that shows the school site is approved, the subdivider need not continue to set aside the land for the school district. This bill further requires a school district in such a county that purchased land for a school site to offer the land back to the subdivider or successor in interest if construction on a school has not begun at the site within 10 years from the date on which the final map that shows the school site was approved.

 


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ê2009 Statutes of Nevada, Page 1234 (Chapter 288, AB 220)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 278.346 is hereby amended to read as follows:

      278.346  1.  The planning commission or its designated representative [,] or, if there is no planning commission, the clerk or other designated representative of the governing body shall , not more than 10 days after the tentative map is filed pursuant to the provisions of subsection 2 of NRS 278.330, forward a copy of the tentative map to the board of trustees of the school district within which the proposed subdivision is located. Within 15 days after receipt of the copy, the board of trustees or its designee shall, if a school site is needed within the area, notify the commission or governing body that a site is requested.

      2.  If the board of trustees requests a site [, the person proposing the subdivision] :

      (a) The subdivider shall , except as otherwise provided in subsection 8, set aside a site of the size which is determined by the board. [The person proposing the subdivision]

      (b) The subdivider and the board of trustees shall , except as otherwise provided in subsections 7 and 8, negotiate for the price of the site, which must not exceed the fair market value of the land as determined by an independent appraisal paid for by the board.

      3.  If any land purchased by [a] the school district pursuant to the provisions of [this subsection have] subsection 2 has not been placed in use as a school site at the end of 10 years from the date of purchase, the land must be offered to the subdivider or his successor in interest at a sale price equal to the fair market value [. If such person] of the land at the time of the offer, as determined by an independent appraisal paid for by the board.

      4.  If the subdivider or his successor in interest does not accept [the offer,] an offer made pursuant to the provisions of subsection 3 or 9, then the board of trustees may:

      (a) Sell or lease such property in the manner provided in NRS 277.050 or 393.220 to 393.320, inclusive;

      (b) Exchange such property in the manner provided in NRS 277.050 or 393.326 to 393.3293, inclusive; or

      (c) Retain such property, if such retention is determined to be in the best interests of the school district.

      [3.] 5.  Except as otherwise provided in subsection [4,] 6, when any land dedicated to the use of the public school system or any land purchased and used as a school site becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district in which the land is located shall dispose of the land as provided in subsection [2.] 4.

      [4.] 6.  Land dedicated under the provisions of former NRS 116.020, as it read before April 6, 1961, which the board of trustees determines is unsuitable, undesirable or impractical for school purposes may be reconveyed without cost to the dedicator or his successor or successors in interest.

      7.  Except as otherwise provided in subsection 8, in a county whose population is 100,000 or more but less than 400,000, the school district may purchase the site for a price negotiated between the subdivider and the board of trustees, which price must not exceed the lesser of:

 


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ê2009 Statutes of Nevada, Page 1235 (Chapter 288, AB 220)ê

 

      (a) The fair market value of the land at the time the tentative map was approved, as determined by an independent appraisal paid for by the board, plus any costs paid by the subdivider with respect to that land between the date the tentative map was approved and the date of purchase; or

      (b) The fair market value of the land on the date of purchase, as determined by an independent appraisal paid for by the board.

      8.  If, 5 years after the date on which the final map that contains the school site was approved, a school district has not purchased the site pursuant to the provisions of subsection 7, the subdivider need not continue to set aside the site pursuant to the provisions of subsection 2.

      9.  If, 10 years after the date on which the final map that contains the school site was approved, construction of a school at the school site has not yet begun, the land purchased by the school district pursuant to subsection 7 must be offered to the subdivider or his successor in interest at a sale price equal to the fair market value of the land at the time of the offer, as determined by an independent appraisal paid for by the board.

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CHAPTER 289, AB 225

Assembly Bill No. 225–Assemblymen Pierce; Atkinson, Buckley, Hogan, Kihuen, Kirkpatrick, Leslie, Munford, Oceguera and Segerblom

 

CHAPTER 289

 

AN ACT relating to county fire departments; requiring a board of county commissioners that creates a district for a fire department to adopt an ordinance requiring the imposition and collection of fees for the transportation of sick or injured persons by the department to a medical facility; mandating that such an ordinance in a county whose population is 400,000 or more limit the number of such transports by the department; requiring a board of county commissioners in a county whose population is 400,000 or more to submit a quarterly report to the Legislature and the Legislative Committee on Health Care of various information relating to the transport of sick and injured persons to medical facilities; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the board of county commissioners, in a county where a district for a fire department has been created and where the fire department transports sick or injured persons to a medical facility, to adopt an ordinance that either: (1) requires the fire department to impose and collect fees to defray the expenses of furnishing such transportation; or (2) prohibits the imposition and collection of such fees. (NRS 244.2961) Section 1 of this bill repeals the option of adopting an ordinance prohibiting the imposition and collection of such fees, except in counties for which a nonprofit corporation has been granted an exclusive franchise to provide ambulance service. Section 1 also requires that, in a county whose population is 400,000 or more (currently Clark County), such an ordinance limit the number of transports the fire department may make annually to not more than 1,000 transports, with an exception for emergency situations in which a private ambulance is not available. Section 2 of this bill, with respect to a county that has already adopted an ordinance prohibiting the imposition and collection of such fees, allows the county until January 1, 2010, to amend or repeal that ordinance.

 


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ê2009 Statutes of Nevada, Page 1236 (Chapter 289, AB 225)ê

 

adopted an ordinance prohibiting the imposition and collection of such fees, allows the county until January 1, 2010, to amend or repeal that ordinance. Section 3 of this bill requires the board of county commissioners of a county whose population is 400,000 or more to submit a quarterly report to the Legislature and the Legislative Committee on Health Care regarding the number of yearly transports made by the fire department and all ambulance companies. The report must include, without limitation, the fees charged for those transports, whether or not the persons transported had health insurance and what medical facilities the persons were transported to and from.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 244.2961 is hereby amended to read as follows:

      244.2961  1.  The board of county commissioners may by ordinance create a district for a fire department. The board of county commissioners is ex officio the governing body of any district created pursuant to this section and may:

      (a) Organize, regulate and maintain the fire department.

      (b) Appoint and prescribe the duties of the fire chief.

      (c) Designate arson investigators as peace officers.

      (d) Regulate or prohibit the storage of any explosive, combustible or inflammable material in or transported through the county, and prescribe the distance from any residential or commercial area where it may be kept. Any ordinance adopted pursuant to this paragraph that regulates places of employment where explosives are stored must be at least as stringent as the standards and procedures adopted by the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 618.890.

      (e) Establish, by ordinance, a fire code and other regulations necessary to carry out the purposes of this section.

      (f) Include the budget of the district in the budget of the county.

      (g) Hold meetings of the governing body of the district in conjunction with the meetings of the board of county commissioners without posting additional notices of the meetings within the district.

      2.  [If] Except as otherwise provided in subsection 6, if the fire department transports sick or injured persons to a medical facility, the board of county commissioners shall adopt [:] an ordinance:

      (a) [An ordinance:

            (1)] Requiring the fire department to defray the expenses of furnishing such transportation by imposing and collecting fees; and

            [(2)] (b) Establishing a schedule of such fees . [; or

      (b) An ordinance prohibiting the imposition and collection of any fees for such transportation.]

      3.  The board of county commissioners of a county whose population is 400,000 or more shall, when adopting an ordinance pursuant to subsection 2:

      (a) Limit the number of transports of sick or injured persons to a medical facility that may be made by the fire department to not more than 1,000 such transports per year, except that the fire department may, exclusive of the limit, make any such emergency transport that is necessary for the health or life of a sick or injured person when other ambulance services are not available; and

 


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ê2009 Statutes of Nevada, Page 1237 (Chapter 289, AB 225)ê

 

      (b) Require the fire department and all other ambulance services operating in the county to report to the board:

            (1) The total number of transports of sick or injured persons to a medical facility that are made each month; and

            (2) For each transport reported pursuant to subparagraph (1):

                  (I) The fees charged to transport the person to a medical facility;

                  (II) Whether the person had health insurance at the time of the transport; and

                  (III) The name of the medical facility where the fire department or ambulance service transported the person to or from.

      4.  The other officers and employees of the county shall perform duties for the district that correspond to the duties they perform for the county.

      [4.] 5.  All persons employed to perform the functions of the fire department are employees of the county for all purposes.

      6.  The provisions of subsection 2 do not apply to any county for which a nonprofit corporation has been granted an exclusive franchise for ambulance service in that county.

      Sec. 2.  A board of county commissioners shall amend any ordinance previously adopted by that body which does not conform with the provisions of NRS 244.2961, as amended by section 1 of this act, by January 1, 2010. Any ordinance that does not comply with NRS 244.2961, as amended by section 1 of this act, by January 1, 2010, shall be deemed to conform with NRS 244.2961, as amended by section 1 of this act, by operation of law.

      Sec. 3.  The board of county commissioners of a county whose population is 400,000 or more shall, each calendar quarter, submit a report to the Legislative Committee on Health Care and the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session. The report must include, without limitation, the following information related to each fire department and ambulance service operating in the county:

      1.  The total number of transports of sick or injured persons to a medical facility that were made by the fire department or ambulance service during that calendar quarter.

      2.  For each person transported by the fire department or ambulance service during the calendar quarter:

      (a) The fees charged to transport the person to a medical facility;

      (b) Whether the person had health insurance at the time of transport; and

      (c) The name of the medical facility where the fire department or ambulance service transported the person to or from.

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

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ê2009 Statutes of Nevada, Page 1238ê

 

CHAPTER 290, AB 233

Assembly Bill No. 233–Assemblymen Oceguera, Koivisto, Ohrenschall, Bobzien, Conklin; Aizley, Anderson, Arberry, Atkinson, Buckley, Carpenter, Claborn, Denis, Dondero Loop, Goicoechea, Hogan, Horne, Kihuen, Leslie, Manendo, McClain, Smith and Spiegel

 

Joint Sponsors: Senators Cegavske and Parks

 

CHAPTER 290

 

AN ACT relating to scrap metal; enacting various requirements for transactions involving scrap metal and for persons involved in such transactions; providing that a person who removes, damages or destroys certain property to obtain scrap metal is guilty of a crime; increasing the penalty for stealing scrap metal under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Sections 2 and 3 of this bill define the terms “scrap metal” and “scrap metal processor.”

      Section 4 of this bill requires purchasers of scrap metal to hold current business licenses from both the State and the appropriate city or county and to have authorization to operate from the appropriate solid waste management authority.

      Section 5 of this bill requires scrap metal processors to maintain certain records of all purchases of scrap metal by the scrap metal processors.

      Section 6 of this bill allows peace officers or investigators to place a hold on certain property in the possession of a scrap metal processor alleged to be related to criminal activity for a specified period during the investigation or prosecution.

      Section 7 of this bill requires that payments for purchases of scrap metal with a value of $150 or more by a scrap metal processor must be made by certain means and that a receipt containing certain specified information must be provided to the seller of the scrap metal. Section 7 also allows only a single cash transaction of less than $150 each day between a scrap metal processor and a seller.

      Section 7.5 of this bill provides that a person who violates any provision of section 5, 6 or 7 of this bill is guilty of a misdemeanor.

      Section 9 of this bill excludes scrap metal from the definition of “junk” under chapter 647 of NRS. (NRS 647.015) Section 11 of this bill expands the crime of receiving property stolen from certain utilities and political subdivisions of the State, a category D felony, to include transactions involving scrap metal. (NRS 647.145)

      Section 10 of this bill provides that chapter 647 of NRS does not prevent counties from licensing, taxing and regulating dealers in junk or scrap metal. (NRS 647.080)

      Section 12 of this bill provides that a person who willfully or maliciously removes, damages or destroys utility property, agricultural infrastructure, construction sites or certain other property to obtain scrap metal is guilty of a misdemeanor if the value of the removal or damage of property is less than $500 or a felony if the removal or damage is greater than $500 or interrupts a service provided by utility property.

      Existing law generally provides that a person commits petit larceny and is guilty of a misdemeanor if he steals property with a value of less than $250. (NRS 205.240) Existing law also generally provides that a person commits grand larceny if he steals property with a value of $250 or more. (NRS 205.220) A person who commits grand larceny is guilty of a category C felony if the value of the property is less than $2,500 and is guilty of a category B felony if the value of the property is $2,500 or more. (NRS 205.222)

 


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ê2009 Statutes of Nevada, Page 1239 (Chapter 290, AB 233)ê

 

      Section 13 of this bill: (1) provides that, if the value of the scrap metal stolen within a period of 90 days is less than $250, the person is guilty of a misdemeanor; (2) provides that, if the value of the scrap metal stolen within a period of 90 days is $250 or more, the person is guilty of a category C or B felony with varying terms of imprisonment and fines, depending upon the value of the scrap metal stolen within the 90-day period; (3) requires the court to order a person who steals scrap metal to pay restitution; and (4) provides that the cost of repairing or replacing property damaged by the theft of scrap metal must be included in the value of the property that was stolen.

      Sections 17 and 19 of this bill amend existing law to apply certain provisions governing larceny to the new crime of larceny described in section 13 of this bill involving scrap metal. (NRS 205.251, 205.980)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 647 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7.5, inclusive, of this act.

      Sec. 2.  1.  “Scrap metal” means:

      (a) Nonferrous metals, scrap iron, stainless steel or other material or equipment which consists in whole or in part of metal and which is used in construction, agricultural operations, electrical power generation, transmission or distribution, cable, broadband or telecommunications transmission, railroad equipment, oil well rigs or any lights maintained by the State or a local government, including, without limitation, street lights, traffic-control devices, park lights or ballpark lights; and

      (b) Catalytic converters.

      2.  The term does not include waste generated by a household, aluminum beverage containers, used construction scrap iron or materials consisting of a metal product in its original manufactured form which contains not more than 20 percent by weight nonferrous metal.

      Sec. 3.  “Scrap metal processor” means any person who:

      1.  Engages in the business of purchasing, trading, bartering or otherwise receiving scrap metal; or

      2.  Uses machinery and equipment for processing and manufacturing iron, steel or nonferrous scrap into prepared grades, and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap, not including precious metals, for sale for remelting purposes.

      Sec. 4.  A person shall not purchase scrap metal unless that person:

      1.  Possesses both a valid business license issued by the State pursuant to NRS 360.780 and a valid business license from the city or county, as applicable, in which the person purchases scrap metal; and

      2.  Has obtained all required authorizations to operate from, or is otherwise registered with, the solid waste management authority for the area in which the person purchases scrap metal.

      Sec. 5.  1.  Every scrap metal processor shall maintain in his place of business a book or other permanent record in which must be made, at the time of each purchase of scrap metal, a record of the purchase that contains:

      (a) The date of the purchase.

      (b) The name or other identification of the person or employee conducting the transaction on behalf of the scrap metal processor.

 


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ê2009 Statutes of Nevada, Page 1240 (Chapter 290, AB 233)ê

 

      (c) A copy of the seller’s valid personal identification card or valid driver’s license issued by a state or a copy of the seller’s valid United States military identification card.

      (d) The name, street, house number and date of birth listed on the identification provided pursuant to paragraph (c) and a physical description of the seller, including his gender, height, eye color and hair color.

      (e) A photograph, video record or digital record of the seller.

      (f) The fingerprint of the right index finger of the seller. If the seller’s right index finger is not available, the scrap metal processor must obtain the fingerprint of one of the seller’s remaining fingers and thumbs.

      (g) The license number and general description of the vehicle delivering the scrap metal that is being purchased.

      (h) A description of the scrap metal that is being purchased which is consistent with the standards published and commonly applied in the scrap metal industry.

      (i) The price paid by the scrap metal processor for the scrap metal.

      2.  All records kept pursuant to subsection 1 must be legibly written in the English language, if applicable.

      3.  A scrap metal processor shall document each purchase of scrap metal with a photograph or video recording which must be retained on-site for not less than 60 days after the date of the purchase.

      4.  All scrap metal purchased by the scrap metal processor and the records created in accordance with subsection 1, including, but not limited to, any photographs or video recordings, must at all times during ordinary hours of business be open to the inspection of a prosecuting attorney or any peace officer.

      Sec. 6.  1.  A peace officer or investigator who is involved in the investigation or prosecution of criminal activity may place a written hold for not more than 7 business days on any property in the possession of a scrap metal processor that is related or allegedly related to the criminal activity. A hold pursuant to this section may be extended for an additional period of not more than 7 business days by a peace officer or investigator by providing written notice to the scrap metal processor.

      2.  While a hold is placed on property pursuant to this section, the scrap metal processor shall not remove or dispose of the property to any person other than the peace officer or investigator who placed the hold on the property. A peace officer or investigator who placed a hold on property may obtain custody of the property from the scrap metal processor if the peace officer or investigator:

      (a) Has obtained written authorization from the prosecuting attorney which includes, without limitation, a description of the property and an acknowledgment of the scrap metal processor’s interest in the property; and

      (b) Provides a copy of the written authorization to the scrap metal processor.

      3.  Property received by a peace officer or investigator pursuant to this section may be disposed of only in the manner set forth in NRS 52.385 or 179.125 to 179.165, inclusive.

      4.  A peace officer or investigator who places a hold on property pursuant to this section shall notify the scrap metal processor in writing when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.

 


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ê2009 Statutes of Nevada, Page 1241 (Chapter 290, AB 233)ê

 

when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.

      Sec. 7.  1.  For each purchase of scrap metal with a value of $150 or more by a scrap metal processor, the scrap metal processor must pay the seller only by check or electronic transfer of money. For payments made by check to a seller who represents a business, the check must be made payable to the business using the name of the business. A scrap metal processor shall not conduct more than one cash transaction of less than $150 with the same seller on the same day.

      2.  A scrap metal processor shall provide a receipt to the seller on-site at the time of the purchase of scrap metal by the scrap metal processor. The receipt must include, without limitation, the following information:

      (a) The date, time and place of the purchase;

      (b) An identifying description and weight of the scrap metal that is being purchased;

      (c) The price paid by the scrap metal processor for the scrap metal;

      (d) A copy of the personal identification provided pursuant to paragraph (c) of subsection 1 of section 5 of this act; and

      (e) The license number of the vehicle delivering the scrap metal that is being purchased.

      Sec. 7.5.  Unless a greater penalty is provided pursuant to specific statute, a person who violates any provision of section 5, 6 or 7 of this act is guilty of a misdemeanor.

      Sec. 8.  NRS 647.010 is hereby amended to read as follows:

      647.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 647.011 to 647.018, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 9.  NRS 647.015 is hereby amended to read as follows:

      647.015  “Junk” includes old iron, copper, brass, lead, zinc, tin, steel and other metals, metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper, and all other secondhand, used or castoff articles or material of any kind [.] , but does not include scrap metal.

      Sec. 10.  NRS 647.080 is hereby amended to read as follows:

      647.080  The provisions of this chapter do not impair the power of cities and counties in this State to license, tax and regulate any person, firm or corporation now engaged in or hereafter engaged in the buying and selling of junk [.] or scrap metal.

      Sec. 11.  NRS 647.145 is hereby amended to read as follows:

      647.145  1.  Any person, including, but not limited to, any junk dealer , scrap metal processor or secondhand dealer, or any agent, employee or representative of a junk dealer , scrap metal processor or secondhand dealer, who buys or receives any junk or scrap metal which he knows or should reasonably know is ordinarily used by and belongs to a cable, broadband, telecommunications, telephone, telegraph, gas, water, electric or transportation company or county, city or other political subdivision of this State engaged in furnishing utility service, and who fails to use ordinary care in determining whether the person selling or delivering such junk or scrap metal has a legal right to do so, is guilty of criminally receiving such property.

 


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      2.  A person convicted of criminally receiving junk or scrap metal is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 12.  Chapter 202 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who willfully and maliciously removes, damages or destroys any utility property, agricultural infrastructure or other agricultural property, lights maintained by the State or a local government, construction site or existing structure to obtain scrap metal shall be punished pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, if the value of the property removed, damaged or destroyed as described in subsection 1 is:

      (a) Less than $500, a person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      (b) Five hundred dollars or more, a person who violates the provisions of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  If the removal, damage or destruction described in subsection 1 causes an interruption in the service provided by any utility property, a person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      4.  In addition to any other penalty, the court may order a person who violates the provisions of subsection 1 to pay restitution.

      5.  In determining the value of the property removed, damaged or destroyed as described in subsection 1, the cost of replacing or repairing the property or repairing the utility property, agricultural infrastructure, agricultural property, lights, construction site or existing structure, if necessary, must be added to the value of the property.

      6.  As used in this section:

      (a) “Scrap metal” has the meaning ascribed to it in section 2 of this act.

      (b) “Utility property” means any facility, equipment or other property owned, maintained or used by a company or a city, county or other political subdivision of this State to furnish cable television or other video service, broadband service, telecommunication service, telephone service, telegraph service, natural gas service, water service or electric service, regardless of whether the facility, property or equipment is currently used to furnish such service.

      Sec. 13.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who intentionally steals, takes and carries away scrap metal with a value of less than $250 within a period of 90 days is guilty of a misdemeanor.

      2.  A person who intentionally steals, takes and carries away scrap metal with a value of $250 or more within a period of 90 days is guilty of:

      (a) If the value of the property taken is less than $2,500, a category C felony and shall be punished as provided in NRS 193.130; or

      (b) If the value of the property taken is $2,500 or more, 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 10 years, and by a fine of not more than $10,000.

 


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ê2009 Statutes of Nevada, Page 1243 (Chapter 290, AB 233)ê

 

      3.  In addition to any other penalty, the court shall order a person who violates the provisions of subsection 1 or 2 to pay restitution.

      4.  In determining the value of the property taken, the cost of repairing and, if necessary, replacing any property damaged by the theft of the scrap metal must be added to the value of the property.

      5.  As used in this section, “scrap metal” has the meaning ascribed to it in section 2 of this act.

      Sec. 14.  NRS 205.2175 is hereby amended to read as follows:

      205.2175  As used in NRS 205.2175 to 205.2707, inclusive, and section 13 of this act, unless the context otherwise requires, the words and terms defined in NRS 205.218 to 205.2195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 15.  NRS 205.2195 is hereby amended to read as follows:

      205.2195  “Property” means:

      1.  Personal goods, personal property and motor vehicles;

      2.  Money, negotiable instruments and other items listed in NRS 205.260;

      3.  Livestock, domesticated animals and domesticated birds; and

      4.  Any other item of value, whether or not the item is listed in NRS 205.2175 to 205.2707, inclusive [.] , or section 13 of this act.

      Sec. 16.  NRS 205.240 is hereby amended to read as follows:

      205.240  1.  Except as otherwise provided in NRS 205.220, 205.226, 205.228 and 475.105, a person commits petit larceny if the person:

      (a) Intentionally steals, takes and carries away, leads away or drives away:

            (1) Personal goods or property, with a value of less than $250, owned by another person;

            (2) Bedding, furniture or other property, with a value of less than $250, which the person, as a lodger, is to use in or with his lodging and which is owned by another person; or

            (3) Real property, with a value of less than $250, that the person has converted into personal property by severing it from real property owned by another person.

      (b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than $250, owned by another person.

      2.  [A] Unless a greater penalty is provided pursuant to section 13 of this act, a person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.

      Sec. 17.  NRS 205.251 is hereby amended to read as follows:

      205.251  For the purposes of NRS 205.2175 to 205.2707, inclusive [:] , and section 13 of this act:

      1.  The value of property involved in a larceny offense shall be deemed to be the highest value attributable to the property by any reasonable standard.

      2.  The value of property involved in larceny offenses committed by one or more persons pursuant to a scheme or continuing course of conduct may be aggregated in determining the grade of the larceny offenses.

      Sec. 18.  NRS 205.940 is hereby amended to read as follows:

      205.940  1.  Any person who in renting or leasing any personal property obtains or retains possession of such personal property by means of any false or fraudulent representation, fraudulent concealment, false pretense or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operator’s license, is guilty of larceny and shall be punished as provided in NRS 205.2175 to 205.2707, inclusive [.]

 


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ê2009 Statutes of Nevada, Page 1244 (Chapter 290, AB 233)ê

 

or personation, trick, artifice or device, including, but not limited to, a false representation as to his name, residence, employment or operator’s license, is guilty of larceny and shall be punished as provided in NRS 205.2175 to 205.2707, inclusive [.] , and section 13 of this act. It is a complete defense to any civil action arising out of or involving the arrest or detention of any person renting or leasing personal property that any representation made by him in obtaining or retaining possession of the personal property is contrary to the fact.

      2.  Any person who, after renting or leasing any personal property under an agreement in writing which provides for the return of the personal property to a particular place at a particular time fails to return the personal property to such place within the time specified, and who, with the intent to defraud the lessor or to retain possession of such property without the lessor’s permission, thereafter fails to return such property to any place of business of the lessor within 72 hours after a written demand for the return of such property is made upon him by registered mail addressed to his address as shown in the written agreement, or in the absence of such address, to his last known place of residence, is guilty of larceny and shall be punished as provided in NRS 205.2175 to 205.2707, inclusive [.] , and section 13 of this act. The failure to return the personal property to the place specified in the agreement is prima facie evidence of an intent to defraud the lessor or to retain possession of such property without the lessor’s permission. It is a complete defense to any civil action arising out of or involving the arrest or detention of any person upon whom such demand was made that he failed to return the personal property to any place of business of the lessor within 20 days after such demand.

      Sec. 19.  NRS 205.980 is hereby amended to read as follows:

      205.980  1.  A person who is convicted of violating any provision of NRS 205.060 or 205.2175 to 205.2707, inclusive, or section 13 of this act is civilly liable for the value of any property stolen and not recovered in its original condition. The value of the property must be determined by its retail value or fair market value at the time the crime was committed, whichever is greater.

      2.  A person who is convicted of any other crime involving damage to property is civilly liable for the amount of damage done to the property.

      3.  The prosecutor shall notify the victim concerning the disposition of the criminal charges against the defendant within 30 days after the disposition. The notice must be sent to the last known address of the victim.

      4.  An order of restitution signed by the judge in whose court the conviction was entered shall be deemed a judgment against the defendant for the purpose of collecting damages.

      5.  Nothing in this section prohibits a victim from recovering additional damages from the defendant.

      Sec. 20.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 1245ê

 

CHAPTER 291, AB 238

Assembly Bill No. 238–Assemblymen Horne, Anderson, Hambrick; Aizley, Bobzien, Buckley, Dondero Loop, Hogan, Kihuen, Manendo, Mortenson, Oceguera, Ohrenschall, Segerblom and Smith

 

Joint Sponsors: Senators Parks; and Horsford

 

CHAPTER 291

 

AN ACT relating to crimes; increasing the penalty for soliciting a child for prostitution; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that any person who engages in solicitation for prostitution is guilty of a misdemeanor. (NRS 201.354) This bill provides that a person who solicits a child for prostitution is guilty of a category E felony.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 1.5.  NRS 201.354 is hereby amended to read as follows:

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

      2.  [Any] Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.

      3.  A person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 2.  (Deleted by amendment.)

________

 


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ê2009 Statutes of Nevada, Page 1246ê

 

CHAPTER 292, AB 243

Assembly Bill No. 243–Assemblymen Mastroluca, Parnell, Denis, Smith; Anderson, Atkinson, Bobzien, Dondero Loop, Hardy, Kirkpatrick, Stewart and Woodbury

 

Joint Sponsors: Senators Woodhouse; and Copening

 

CHAPTER 292

 

AN ACT relating to education; requiring certain employers to grant leave to a parent, guardian or custodian of a child enrolled in public school or private school to participate in certain school conferences, activities and events; prohibiting employers from taking certain retaliatory actions against an employee who takes the authorized leave; authorizing a parent, guardian or custodian who is retaliated against to file a claim or complaint with the Labor Commissioner; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires employers who employ 50 or more employees to grant to a parent, guardian or custodian of a child enrolled in a public school 4 hours of leave from his place of employment, which must be taken in increments of 1 hour, per school year per child to attend school-related activities or events or to volunteer at the school in which his child is enrolled. Section 1 also requires the leave to be taken at a mutually agreed upon time and the employer is not required to pay the employee for the leave. The provisions of section 1 do not apply if the employee is afforded the same leave under the same conditions pursuant to a collective bargaining agreement.

      Existing law makes it unlawful for any employer or his agent to terminate the employment of a person who is a parent, guardian or custodian of a child enrolled in public school because the person attended a conference requested by a school administrator or was notified of an emergency involving the child at school. (NRS 392.920) Section 2 of this bill revises the prohibited acts by an employer or his agent to include demoting, suspending or otherwise discriminating against a parent, guardian or custodian of a child. Section 2 also prohibits the termination, demotion, suspension or other discrimination of a parent, guardian or custodian of a child who takes leave authorized by section 1 of this bill and authorizes a parent, guardian or custodian of a child who is terminated, demoted, suspended or otherwise discriminated against to file a claim or complaint with the Labor Commissioner.

      Section 4 of this bill imposes the same requirements on employers for the parents, guardians and custodians of children enrolled in a private school. The provisions of section 4 do not apply if an employee is afforded the same leave under the same conditions pursuant to a collective bargaining agreement. Section 5 of this bill prohibits an employer or his agent from terminating, demoting, suspending or otherwise discriminating against a parent, guardian or custodian of a child enrolled in a private school for attending a conference requested by a school administrator, being notified of an emergency involving the child at school or taking leave authorized by section 4. Section 5 also authorizes a parent, guardian or custodian to file a claim or complaint with the Labor Commissioner.

 


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ê2009 Statutes of Nevada, Page 1247 (Chapter 292, AB 243)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 5, an employer shall grant a parent, guardian or custodian of a child who is enrolled in a public school leave from his place of employment for 4 hours per school year, which must be taken in increments of at least 1 hour, to:

      (a) Attend parent-teacher conferences;

      (b) Attend school-related activities during regular school hours;

      (c) Volunteer or otherwise be involved at the school in which his child is enrolled during regular school hours; and

      (d) Attend school-sponsored events.

Ê The leave must be at a time mutually agreed upon by the employer and the employee.

      2.  An employer may require:

      (a) An employee to provide a written request for the leave at least 5 school days before the leave is taken; and

      (b) An employee who takes leave pursuant to this section to provide documentation that during the time of the leave, the employee attended or was otherwise involved at the school or school-related activity for one of the purposes set forth in subsection 1.

      3.  An employer is not required to pay an employee for any leave taken pursuant to this section.

      4.  A parent, guardian or custodian must be granted leave in accordance with this section for each child of the parent, guardian or custodian who is enrolled in public school.

      5.  The provisions of this section do not apply if an employee is afforded pursuant to the provisions of a collective bargaining agreement:

      (a) At least 4 hours of leave or more per school year for the purposes set forth in subsection 1 and subject to the same provisions as subsections 2, 3 and 4; and

      (b) Substantially similar protections and remedies for violations by the employer as those that are set forth in NRS 392.920.

      6.  As used in this section, “employer” means any person who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current calendar year.

      Sec. 2.  NRS 392.920 is hereby amended to read as follows:

      392.920  1.  It is unlawful for an employer or his agent to:

      (a) Terminate the employment of , or to demote, suspend or otherwise discriminate against, a person who, as the parent, guardian or custodian of a child:

            (1) Appears at a conference requested by an administrator of the school attended by the child; [or]

            (2) Is notified during his work by a school employee of an emergency regarding the child; or

            (3) Takes leave pursuant to section 1 of this act if the employer is subject to the requirements of that section; or

 


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ê2009 Statutes of Nevada, Page 1248 (Chapter 292, AB 243)ê

 

      (b) Assert to the person that his appearance or prospective appearance at such a conference , [or] the receipt of such a notification during his work or leave taken pursuant to section 1 of this act will result in the termination of his employment [.] or a demotion, suspension or other discrimination in the terms and conditions of his employment.

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

      3.  A person who is discharged from employment or who is demoted, suspended or otherwise discriminated against in violation of subsection 1 may file a claim or complaint with the Labor Commissioner. The employer shall provide the person who is discharged from employment or who is demoted, suspended or otherwise discriminated against with all the forms necessary to request such a claim or complaint. If the Labor Commissioner determines that the claim or complaint is valid and enforceable, the Labor Commissioner shall provide notice and opportunity for a hearing pursuant to NRS 607.205 to 607.215, inclusive.

      4.  If the Labor Commissioner [commence a civil action against his employer and obtain:] issues a written decision in favor of the employee, the Labor Commissioner may award in addition to any remedies and penalties provided in chapters 607 and 608 of NRS:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits; and

      (c) Damages equal to the amount of the lost wages and benefits . [; and

      (d) Reasonable attorney’s fees fixed by the court.]

      Sec. 3.  Chapter 394 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4.  1.  Except as otherwise provided in subsection 5, an employer shall grant a parent, guardian or custodian of a child who is enrolled in a private school leave from his place of employment for 4 hours per school year, which must be taken in increments of at least 1 hour, to:

      (a) Attend parent-teacher conferences;

      (b) Attend school-related activities during regular school hours;

      (c) Volunteer or otherwise be involved at the school in which his child is enrolled during regular school hours; and

      (d) Attend school-sponsored events.

Ê The leave must be at a time mutually agreed upon by the employer and the employee.

      2.  An employer may require:

      (a) An employee to provide a written request for the leave at least 5 school days before leave is taken; and

      (b) An employee who takes leave pursuant to this section to provide documentation that during the time of the leave, the employee attended or was otherwise involved at the private school or school-related activity for one of the purposes set forth in subsection 1.

      3.  An employer is not required to pay an employee for any leave taken pursuant to this section.

      4.  A parent, guardian or custodian must be granted leave in accordance with this section for each child of the parent, guardian or custodian who is enrolled in private school.

      5.  The provisions of this section do not apply if an employee is afforded pursuant to the provisions of a collective bargaining agreement:

 


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ê2009 Statutes of Nevada, Page 1249 (Chapter 292, AB 243)ê

 

      (a) At least 4 hours of leave or more per school year for the purposes set forth in subsection 1 and subject to the same provisions as subsections 2, 3 and 4; and

      (b) Substantially similar protections and remedies for violations by the employer as those that are set forth in section 5 of this act.

      6.  As used in this section, “employer” means any person who has 50 or more employees for each working day in each of 20 or more calendar weeks in the current calendar year.

      Sec. 5.  1.  It is unlawful for an employer or his agent to:

      (a) Terminate the employment of, or to demote, suspend or otherwise discriminate against, a person who, as the parent, guardian or custodian of a child:

            (1) Appears at a conference requested by an administrator of the private school attended by the child;

            (2) Is notified during his work by a school employee of an emergency regarding the child; or

            (3) Takes leave pursuant to section 4 of this act if the employer is subject to the requirements of that section; or

      (b) Assert to the person that his appearance or prospective appearance at such a conference, the receipt of such a notification during his work or leave taken pursuant to section 4 of this act will result in the termination of his employment or a demotion, suspension or other discrimination in the terms and conditions of his employment.

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

      3.  A person who is discharged from employment or who is demoted, suspended or otherwise discriminated against in violation of subsection 1 may file a claim or complaint with the Labor Commissioner. The employer shall provide the person who is discharged from employment or who is demoted, suspended or otherwise discriminated against with all the forms necessary to request such a claim or complaint. If the Labor Commissioner determines that the claim or complaint is valid and enforceable, the Labor Commissioner shall provide notice and an opportunity for a hearing pursuant to NRS 607.205 to 607.215, inclusive.

      4.  If the Labor Commissioner issues a written decision in favor of the employee, the Labor Commissioner may award in addition to any remedies and penalties set forth in chapters 607 and 608 of NRS:

      (a) Wages and benefits lost as a result of the violation;

      (b) An order of reinstatement without loss of position, seniority or benefits; and

      (c) Damages equal to the amount of the lost wages and benefits.

      Sec. 6.  NRS 394.201 is hereby amended to read as follows:

      394.201  NRS 394.201 to 394.351, inclusive, and sections 4 and 5 of this act may be cited as the Private Elementary and Secondary Education Authorization Act.

      Sec. 7.  This act becomes effective on August 15, 2009.

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ê2009 Statutes of Nevada, Page 1250ê

 

CHAPTER 293, AB 251

Assembly Bill No. 251–Assemblymen Manendo; Anderson, Carpenter, Dondero Loop, Horne, Kihuen, Mortenson, Munford, Ohrenschall, Segerblom and Spiegel

 

CHAPTER 293

 

AN ACT relating to common-interest communities; revising the procedures for voting for a member of the executive board of an association under certain circumstances; requiring that the regulations governing the issuance of certificates for community managers must contain certain provisions relating to persons who formerly engaged in community management; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that the executive board of a unit-owners’ association may nominate a person to serve on the executive board and that qualified members of the association may also have their names placed on the ballot along with the nominees for election to the executive board. Existing law also provides that the election of any member of the executive board of a unit-owners’ association must be conducted by secret written ballot, unless the declaration of the association provides that voting rights may be exercised by delegates or representatives. (NRS 116.31034) Section 1 of this bill provides that, before notice is provided to each unit’s owner of his eligibility to serve on the executive board, the executive board may determine that if the number of candidates nominated for membership on the executive board is less than or equal to the number of open positions on the executive board, the appropriate officer of the association will send a notice to each unit’s owner informing each unit’s owner that a unit’s owner who is qualified to be a member of the executive board may nominate himself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice. If the executive board decides to send such a notice and, at the closing of the period for nominations, the number of candidates nominated for membership on the executive board is greater than the number of members to be elected to the executive board, then the association must conduct an election for membership on the executive board. If, after any additional nominations, the number of candidates nominated for membership on the executive board continues to be less than or equal to the number of open positions on the executive board, then such nominees shall be deemed to be duly elected members of the executive board.

      Existing law requires the Commission on Common-Interest Communities and Condominium Hotels to adopt regulations governing the issuance of certificates for community managers. (NRS 116A.410) Section 2 of this bill provides that those regulations must establish a procedure for a person who was previously issued a certificate and who no longer holds a certificate to reapply for and obtain a new certificate without undergoing any period of supervision by another community manager, regardless of the length of time that has passed since the person last acted as a community manager.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 116.31034 is hereby amended to read as follows:

      116.31034  1.  Except as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarant’s control, the units’ owners shall elect an executive board of at least three members, at least a majority of whom must be units’ owners.

 


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ê2009 Statutes of Nevada, Page 1251 (Chapter 293, AB 251)ê

 

the units’ owners shall elect an executive board of at least three members, at least a majority of whom must be units’ owners. Unless the governing documents provide otherwise, the remaining members of the executive board do not have to be units’ owners. The executive board shall elect the officers of the association. The members of the executive board and the officers of the association shall take office upon election.

      2.  The term of office of a member of the executive board may not exceed 2 years, except for members who are appointed by the declarant. Unless the governing documents provide otherwise, there is no limitation on the number of terms that a person may serve as a member of the executive board.

      3.  The governing documents of the association must provide for terms of office that are staggered in such a manner that, to the extent possible, an equal number of members of the executive board are elected at each election. The provisions of this subsection do not apply to:

      (a) Members of the executive board who are appointed by the declarant; and

      (b) Members of the executive board who serve a term of 1 year or less.

      4.  Not less than 30 days before the preparation of a ballot for the election of members of the executive board, the secretary or other officer specified in the bylaws of the association shall cause notice to be given to each unit’s owner of his eligibility to serve as a member of the executive board. Each unit’s owner who is qualified to serve as a member of the executive board may have his name placed on the ballot along with the names of the nominees selected by the members of the executive board or a nominating committee established by the association.

      5.  Before the secretary or other officer specified in the bylaws of the association causes notice to be given to each unit’s owner of his eligibility to serve as a member of the executive board pursuant to subsection 4, the executive board may determine that if, at the closing of the prescribed period for nominations for membership on the executive board, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board at the election, then the secretary or other officer specified in the bylaws of the association will cause notice to be given to each unit’s owner informing each unit’s owner that:

      (a) The association will not prepare or mail any ballots to units’ owners pursuant to this section and the nominated candidates shall be deemed to be duly elected to the executive board unless:

            (1) A unit’s owner who is qualified to serve on the executive board nominates himself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice provided by this subsection; and

            (2) The number of units’ owners who submit such a nomination causes the number of candidates nominated for membership on the executive board to be greater than the number of members to be elected to the executive board.

      (b) Each unit’s owner who is qualified to serve as a member of the executive board may nominate himself for membership on the executive board by submitting a nomination to the executive board within 30 days after the notice provided by this subsection.

 


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ê2009 Statutes of Nevada, Page 1252 (Chapter 293, AB 251)ê

 

      6.  If the notice described in subsection 5 is given and if, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is equal to or less than the number of members to be elected to the executive board, then:

      (a) The association will not prepare or mail any ballots to units’ owners pursuant to this section;

      (b) The nominated candidates shall be deemed to be duly elected to the executive board not later than 30 days after the date of the closing of the period for nominations described in subsection 5; and

      (c) The association shall send to each unit’s owner notification that the candidates nominated have been elected to the executive board.

      7.  If the notice described in subsection 5 is given and if, at the closing of the prescribed period for nominations for membership on the executive board described in subsection 5, the number of candidates nominated for membership on the executive board is greater than the number of members to be elected to the executive board, then the association shall:

      (a) Prepare and mail ballots to the units’ owners pursuant to this section; and

      (b) Conduct an election for membership on the executive board pursuant to this section.

      8.  Each person [whose name is placed on the ballot] who is nominated as a candidate for a member of the executive board pursuant to subsection 4 or 5 must:

      (a) Make a good faith effort to disclose any financial, business, professional or personal relationship or interest that would result or would appear to a reasonable person to result in a potential conflict of interest for the candidate if the candidate were to be elected to serve as a member of the executive board; and

      (b) Disclose whether the candidate is a member in good standing. For the purposes of this paragraph, a candidate shall not be deemed to be in “good standing” if the candidate has any unpaid and past due assessments or construction penalties that are required to be paid to the association.

Ê The candidate must make all disclosures required pursuant to this subsection in writing to the association with his candidacy information. The association shall distribute the disclosures to each member of the association with the ballot or, in the event ballots are not prepared and mailed pursuant to subsection 6, in the [manner established in the bylaws] next regular mailing of the association.

      [6.] 9.  Unless a person is appointed by the declarant:

      (a) A person may not be a member of the executive board or an officer of the association if the person, his spouse or his parent or child, by blood, marriage or adoption, performs the duties of a community manager for that association.

      (b) A person may not be a member of the executive board of a master association or an officer of that master association if the person, his spouse or his parent or child, by blood, marriage or adoption, performs the duties of a community manager for:

            (1) That master association; or

            (2) Any association that is subject to the governing documents of that master association.

 


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ê2009 Statutes of Nevada, Page 1253 (Chapter 293, AB 251)ê

 

      [7.] 10.  An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a unit may be an officer of the association or a member of the executive board. In all events where the person serving or offering to serve as an officer of the association or a member of the executive board is not the record owner, he shall file proof in the records of the association that:

      (a) He is associated with the corporate owner, trust, partnership, limited-liability company or estate as required by this subsection; and

      (b) Identifies the unit or units owned by the corporate owner, trust, partnership, limited-liability company or estate.

      [8.] 11.  [The] Except as otherwise provided in subsection 6, the election of any member of the executive board must be conducted by secret written ballot unless the declaration of the association provides that voting rights may be exercised by delegates or representatives as set forth in NRS 116.31105. If the election of any member of the executive board is conducted by secret written ballot:

      (a) The secretary or other officer specified in the bylaws of the association shall cause a secret ballot and a return envelope to be sent, prepaid by United States mail, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner.

      (b) Each unit’s owner must be provided with at least 15 days after the date the secret written ballot is mailed to the unit’s owner to return the secret written ballot to the association.

      (c) A quorum is not required for the election of any member of the executive board.

      (d) Only the secret written ballots that are returned to the association may be counted to determine the outcome of the election.

      (e) The secret written ballots must be opened and counted at a meeting of the association. A quorum is not required to be present when the secret written ballots are opened and counted at the meeting.

      (f) The incumbent members of the executive board and each person whose name is placed on the ballot as a candidate for a member of the executive board may not possess, be given access to or participate in the opening or counting of the secret written ballots that are returned to the association before those secret written ballots have been opened and counted at a meeting of the association.

      [9.] 12.  Each member of the executive board shall, within 90 days after his appointment or election, certify in writing to the association, on a form prescribed by the Administrator, that he has read and understands the governing documents of the association and the provisions of this chapter to the best of his ability. The Administrator may require the association to submit a copy of the certification of each member of the executive board of that association at the time the association registers with the Ombudsman pursuant to NRS 116.31158.

 


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ê2009 Statutes of Nevada, Page 1254 (Chapter 293, AB 251)ê

 

      Sec. 2.  NRS 116A.410 is hereby amended to read as follows:

      116A.410  1.  The Commission shall by regulation provide for the issuance by the Division of certificates. The regulations:

      (a) Must establish the qualifications for the issuance of such a certificate, including, without limitation, the education and experience required to obtain such a certificate.

      (b) May require applicants to pass an examination in order to obtain a certificate. If the regulations require such an examination, the Commission shall by regulation establish fees to pay the costs of the examination, including any costs which are necessary for the administration of the examination.

      (c) Must establish a procedure for a person who was previously issued a certificate and who no longer holds a certificate to reapply for and obtain a new certificate without undergoing any period of supervision under another community manager, regardless of the length of time that has passed since the person last acted as a community manager.

      (d) May require an investigation of an applicant’s background. If the regulations require such an investigation, the Commission shall by regulation establish fees to pay the costs of the investigation.

      [(d)] (e) Must establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate.

      [(e)] (f) Must establish rules of practice and procedure for conducting disciplinary hearings.

      2.  The Division may collect a fee for the issuance of a certificate in an amount not to exceed the administrative costs of issuing the certificate.

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

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ê2009 Statutes of Nevada, Page 1255ê

 

CHAPTER 294, AB 263

Assembly Bill No. 263–Assemblywoman Leslie

 

CHAPTER 294

 

AN ACT relating to public health; authorizing the Aging Services Division of the Department of Health and Human Services to establish a program of all-inclusive care for the elderly; authorizing the Division to adopt regulations to carry out the program; authorizing the Division to establish a schedule of fees for services provided under the program; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Aging Services Division of the Department of Health and Human Services to establish and administer a program to provide the community-based services necessary to enable a frail elderly person to remain in his home and avoid placement in a facility for long-term care. (NRS 427A.250) Section 1 of this bill authorizes the Division to establish a community-based and in-home program of all-inclusive care for the elderly, commonly referred to as a PACE program, in accordance with the provisions of federal law authorizing such programs. (42 U.S.C. § 1396u-4; 42 C.F.R. Part 460) If the Division establishes a PACE program, the program may be established in any county in this State. Section 1 authorizes the Division to adopt regulations necessary to establish and administer the program. Section 1 also requires the Director of the Department, if the Division wishes to establish a PACE program, to submit to the Secretary of Health and Human Services any amendment to the State Plan for Medicaid necessary to enable the Division to establish the PACE program and to revise the program from time to time.

      Section 2 of this bill authorizes the Division to contract with public or private entities to carry out the PACE program. (NRS 427A.260) Section 3 of this bill authorizes the Division to apply for and accept any money available to establish and administer the program. Section 3 further authorizes the Division to establish a schedule of fees to be charged for the provision of services under the program. (NRS 427A.270)

      Section 4 of this bill clarifies that the PACE program established pursuant to section 1 of this bill is in addition to any test program or demonstration program established by the Division concerning the various ways in which community-based services and all-inclusive care can be provided to frail elderly persons. (NRS 427A.280)

      Section 7 of this bill requires the Division to submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or the Legislative Committee on Health Care semiannual reports on the progress of the Division in establishing a PACE program.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 427A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any program established pursuant to NRS 427A.250, the Division may establish and administer a program of all-inclusive care for the elderly, commonly known as a PACE program. The program may be carried out solely by the Division or in cooperation with another state agency, the Federal Government or any local government.

      2.  A program established pursuant to subsection 1:

 


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      (a) Must comply with the provisions of 42 U.S.C. § 1396u-4, 42 C.F.R. Part 460 and any other federal regulations governing programs of all-inclusive care for the elderly; and

      (b) May be established in any county in this State.

      3.  The Division may adopt regulations necessary to establish and administer the program.

      4.  If the Division wishes to establish a program pursuant to subsection 1, the Director shall submit to the Secretary of Health and Human Services any amendment to the State Plan for Medicaid necessary to enable the Division to establish the program and to revise the program from time to time.

      Sec. 2.  NRS 427A.260 is hereby amended to read as follows:

      427A.260  1.  The Division may use personnel of the Division or it may contract with any appropriate public or private agency, organization or institution to provide a program of all-inclusive care for the elderly and to provide the community-based services necessary to enable a frail elderly person to remain in his home.

      2.  Any such contract must:

      (a) Include a description of the type of service to be provided;

      (b) [Specify] For:

            (1) A program of all-inclusive care for the elderly, specify the capitation rate to be paid for all-inclusive care for the elderly and the method of payment; and

            (2) Any other community-based services, specify the price to be paid for each service and the method of payment; and

      (c) Specify the criteria to be used to evaluate the provision of the service.

      Sec. 3.  NRS 427A.270 is hereby amended to read as follows:

      427A.270  1.  The Division may apply for, accept and expend any federal or private grant of money or other type of assistance that becomes available to carry out the provisions of NRS 427A.250 to 427A.280, inclusive [.] , and section 1 of this act. Any money received pursuant to this section must be deposited with the State Treasurer and accounted for separately in the State General Fund.

      2.  The Division shall, with the approval of the Commission and Director, establish a schedule of fees to be charged and collected for any service provided pursuant to NRS 427A.250 to 427A.280, inclusive [.] , and section 1 of this act.

      Sec. 4.  NRS 427A.280 is hereby amended to read as follows:

      427A.280  [The] In addition to the program established pursuant to section 1 of this act, the Division may initiate projects to test and demonstrate various ways of providing the community-based services and all-inclusive care necessary to enable a frail elderly person to remain in his home.

      Sec. 5.  NRS 427A.310 is hereby amended to read as follows:

      427A.310  1.  Except as otherwise provided in subsection 2, the Ombudsman for Aging Persons shall provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. The assistance must include at least the:

      (a) Coordination of resources and services available to aging persons within their respective communities, including the services provided through [the] a program established pursuant to NRS 427A.250 [;] or section 1 of this act;

 


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      (b) Dissemination of information to aging persons on issues of national and local interest, including information regarding the services of the Ombudsman and the existence of groups of aging persons with similar interests and concerns;

      (c) Publication of a guide for use in each county of this State regarding the resources and services available for aging persons in the respective county; and

      (d) Advocation of issues relating to aging persons.

      2.  Upon request by the Administrator, the Ombudsman for Aging Persons shall temporarily perform the duties of advocates for residents of facilities for long-term care specified in NRS 427A.125 to 427A.165, inclusive.

      Sec. 6.  NRS 123.259 is hereby amended to read as follows:

      123.259  1.  Except as otherwise provided in subsection 2, a court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree dividing the income and resources of a husband and wife pursuant to this section if one spouse is an institutionalized spouse and the other spouse is a community spouse.

      2.  The court shall not enter such a decree if the division is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.

      3.  Unless modified pursuant to subsection 4 or 5, the court may divide the income and resources:

      (a) Equally between the spouses; or

      (b) By protecting income for the community spouse through application of the maximum federal minimum monthly maintenance needs allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by permitting a transfer of resources to the community spouse an amount which does not exceed the amount set forth in 42 U.S.C. § 1396r-5(f)(2)(A)(ii).

      4.  If either spouse establishes that the community spouse needs income greater than that otherwise provided under paragraph (b) of subsection 3, upon finding exceptional circumstances resulting in significant financial duress and setting forth in writing the reasons for that finding, the court may enter an order for support against the institutionalized spouse for the support of the community spouse in an amount adequate to provide such additional income as is necessary.

      5.  If either spouse establishes that a transfer of resources to the community spouse pursuant to paragraph (b) of subsection 3, in relation to the amount of income generated by such a transfer, is inadequate to raise the income of the community spouse to the amount allowed under paragraph (b) of subsection 3 or an order for support issued pursuant to subsection 4, the court may substitute an amount of resources adequate to provide income to fund the amount so allowed or to fund the order for support.

      6.  A copy of a petition for relief under subsection 4 or 5 and any court order issued pursuant to such a petition must be served on the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services when any application for medical assistance is made by or on behalf of an institutionalized spouse. [He] The Administrator may intervene no later than 45 days after receipt by the Division of Welfare and Supportive Services of the Department of Health and Human Services of an application for medical assistance and a copy of the petition and any order entered pursuant to subsection 4 or 5, and may move to modify the order.

 


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      7.  A person may enter into a written agreement with his spouse dividing their community income, assets and obligations into equal shares of separate income, assets and obligations of the spouses. Such an agreement is effective only if one spouse is an institutionalized spouse and the other spouse is a community spouse or a division of the income or resources would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive [.] , and section 1 of this act.

      8.  An agreement entered into or decree entered pursuant to this section may not be binding on the Division of Welfare and Supportive Services of the Department of Health and Human Services in making determinations under the State Plan for Medicaid.

      9.  As used in this section, “community spouse” and “institutionalized spouse” have the meanings respectively ascribed to them in 42 U.S.C. § 1396r-5(h).

      Sec. 7.  The Aging Services Division of the Department of Health and Human Services shall, on or before March 1 and October 1 of each year, submit a report on the progress of the Division in establishing a PACE program pursuant to section 1 of this act to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, the Legislative Committee on Health Care.

________

 

CHAPTER 295, SB 162

Senate Bill No. 162–Senators Woodhouse, Coffin, Wiener, Horsford; Breeden, Copening, Parks and Schneider

 

CHAPTER 295

 

AN ACT relating to elections; revising the date of the primary election to the second Tuesday in June of each even-numbered year; revising the provisions governing the registration of voters by mail; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 6 of this bill changes the date of the primary election from the twelfth Tuesday before the general election of each even-numbered year to the second Tuesday in June of each even-numbered year. (NRS 293.175) To provide an example, if the provisions of this bill had been in effect in 2008, the primary election would have been held on June 10, 2008, instead of August 12, 2008.

      As a result of changing the date of the primary election, sections 1-5, 7-12 and 14-17 of this bill amend various other dates relating to elections such as the date for filing declarations of candidacy.

      Section 16 of this bill changes the date on which a voter’s registration or correction of registration information is deemed to be effective to the earlier of the date on which the application is postmarked or received by the county clerk. (NRS 293.5235)

 


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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 293.128 is hereby amended to read as follows:

      293.128  1.  To qualify as a major political party, any organization must, under a common name:

      (a) On January 1 preceding any primary election, have been designated as a political party on the applications to register to vote of at least 10 percent of the total number of registered voters in this State; or

      (b) File a petition with the Secretary of State not later than the last Friday in [April] February before any primary election signed by a number of registered voters equal to or more than 10 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.

      2.  If a petition is filed pursuant to paragraph (b) of subsection 1, the names of the voters need not all be on one document, but each document of the petition must be verified by the circulator thereof to the effect that the signers are registered voters of this State according to his best information and belief and that the signatures are genuine and were signed in his presence. Each document of the petition must bear the name of a county, and only registered voters of that county may sign the document. The documents which are circulated for signature must then be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last Friday in [April] February preceding a primary election.

      3.  In addition to the requirements set forth in subsection 1, each organization which wishes to qualify as a political party must file with the Secretary of State a certificate of existence which includes the:

      (a) Name of the political party;

      (b) Names and addresses of its officers;

      (c) Names of the members of its executive committee; and

      (d) Name of the person who is authorized by the party to act as registered agent in this State.

      4.  A political party shall file with the Secretary of State an amended certificate of existence within 5 days after any change in the information contained in the certificate.

      Sec. 2.  NRS 293.165 is hereby amended to read as follows:

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

      2.  A vacancy occurring in a nonpartisan nomination after the close of filing and on or before 5 p.m. of the second Tuesday in [June] April must be filled by filing a nominating petition that is signed by registered voters of the State, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the State, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in [May] March and not later than the fourth Tuesday in [June.] April. The petition may consist of more than one document. Each document must bear the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question.

 


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the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection:

      (a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and

      (b) May be elected only at a general election, and his name must not appear on the ballot for a primary election.

      3.  A vacancy occurring in a nonpartisan nomination after 5 p.m. of the second Tuesday in [June] April and on or before 5 p.m. on the first Tuesday after the primary election must be filled by the person who receives the next highest vote for the nomination in the primary.

      4.  No change may be made on the ballot for the general election after 5 p.m. on the first Tuesday after the primary election . [of the year in which the general election is held.] If a nominee dies after that time and date, his name must remain on the ballot for the general election and, if elected, a vacancy exists.

      5.  All designations provided for in this section must be filed on or before 5 p.m. on the first Tuesday after the primary election. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on the date the designation is filed.

      Sec. 3.  NRS 293.1715 is hereby amended to read as follows:

      293.1715  1.  The names of the candidates for partisan office of a minor political party must not appear on the ballot for a primary election.

      2.  The names of the candidates for partisan office of a minor political party must be placed on the ballot for the general election if the party has filed a certificate of existence and a list of its candidates for partisan office pursuant to the provisions of NRS 293.1725 with the Secretary of State and:

      (a) At the last preceding general election, the minor political party polled for any of its candidates for partisan office a number of votes equal to or more than 1 percent of the total number of votes cast for the offices of Representative in Congress;

      (b) On January 1 preceding a primary election, the minor political party has been designated as the political party on the applications to register to vote of at least 1 percent of the total number of registered voters in this State; or

      (c) Not later than the second Friday in [August] June preceding the general election, files a petition with the Secretary of State which is signed by a number of registered voters equal to at least 1 percent of the total number of votes cast at the last preceding general election for the offices of Representative in Congress.

      3.  The name of a candidate for partisan office for a minor political party other than a candidate for the office of President or Vice President of the United States must be placed on the ballot for the general election if the party has filed:

      (a) A certificate of existence;

      (b) A list of candidates for partisan office containing the name of the candidate pursuant to the provisions of NRS 293.1725 with the Secretary of State; and

 


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      (c) Not earlier than the first Monday in [May] March preceding the general election and not later than 5 p.m. on the second Friday after the first Monday in [May,] March, a petition on behalf of the candidate with the Secretary of State containing not less than:

            (1) Two hundred fifty signatures of registered voters if the candidate is to be nominated for a statewide office; or

            (2) One hundred signatures of registered voters if the candidate is to be nominated for any office except a statewide office.

Ê A minor political party that places names of one or more candidates for partisan office on the ballot pursuant to this subsection may also place the names of one or more candidates for partisan office on the ballot pursuant to subsection 2.

      4.  The name of only one candidate of each minor political party for each partisan office may appear on the ballot for a general election.

      5.  A minor political party must file a copy of the petition required by paragraph (c) of subsection 2 or paragraph (c) of subsection 3 with the Secretary of State before the petition may be circulated for signatures.

      Sec. 4.  NRS 293.1725 is hereby amended to read as follows:

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

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

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

      (c) Whose candidates are entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715,

Ê must file with the Secretary of State a list of its candidates for partisan office not earlier than the first Monday in [May] March preceding the election nor later than 5 p.m. on the second Friday after the first Monday in [May.] March. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The Secretary of State shall strike from the list each candidate who is not entitled to appear on the ballot pursuant to subsection 3 of NRS 293.1715 if the minor political party is not entitled to place candidates on the ballot pursuant to subsection 2 of NRS 293.1715. The list may be amended not later than 5 p.m. on the second Friday after the first Monday in [May.] March.

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

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

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

 


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with the Secretary of State a certificate of nomination for these offices not later than the first Tuesday in September.

      Sec. 5.  NRS 293.174 is hereby amended to read as follows:

      293.174  1.  If the qualification of a minor political party is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the third Friday in [August.] June. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the third Friday in [August.] June. A challenge pursuant to this subsection must be filed with the First Judicial District Court if the petition was filed with the Secretary of State.

      2.  If the qualification of a candidate of a minor political party other than a candidate for the office of President or Vice President of the United States is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in [May.] March. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in [May.] March. A challenge pursuant to this subsection must be filed with:

      (a) The First Judicial District Court; or

      (b) If a candidate who filed a declaration of candidacy with a county clerk is challenged, the district court for the county where the declaration of candidacy was filed.

      Sec. 6.  NRS 293.175 is hereby amended to read as follows:

      293.175  1.  The primary election must be held on the [12th Tuesday before the general election] second Tuesday in June of each even-numbered year.

      2.  Candidates for partisan office of a major political party and candidates for nonpartisan office must be nominated at the primary election.

      3.  Candidates for partisan office of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174, inclusive.

      4.  Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.

      5.  The provisions of NRS 293.175 to 293.203, inclusive, do not apply to:

      (a) Special elections to fill vacancies.

      (b) The nomination of the officers of incorporated cities.

      (c) The nomination of district officers whose nomination is otherwise provided for by statute.

      Sec. 7.  NRS 293.177 is hereby amended to read as follows:

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

      (a) For a candidate for judicial office, the first Monday in January of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in January; and

      (b) For all other candidates, the first Monday in [May] March of the year in which the election is to be held nor later than 5 p.m. on the second Friday after the first Monday in [May.] March.

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

 


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      (a) For partisan office:

 

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

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

 

State of Nevada

 

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

 

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

 

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

                                                                              (Designation of name)

 

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

                                                                   (Signature of candidate for office)

 

Subscribed and sworn to before me

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

 

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

        Notary Public or other person

     authorized to administer an oath

 


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      (b) For nonpartisan office:

 

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

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

 

State of Nevada

 

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

 

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

 

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

                                                                              (Designation of name)

 

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

                                                                   (Signature of candidate for office)

 

Subscribed and sworn to before me

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

 

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

        Notary Public or other person

     authorized to administer an oath

 

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

 


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      (a) The candidate’s address is listed as a post office box unless a street address has not been assigned to his residence; or

      (b) The candidate does not present to the filing officer:

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

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

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

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

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

      5.  By filing the declaration or acceptance of candidacy, the candidate shall be deemed to have appointed the filing officer for the office as his agent for service of process for the purposes of a proceeding pursuant to NRS 293.182. Service of such process must first be attempted at the appropriate address as specified by the candidate in the declaration or acceptance of candidacy. If the candidate cannot be served at that address, service must be made by personally delivering to and leaving with the filing officer duplicate copies of the process. The filing officer shall immediately send, by registered or certified mail, one of the copies to the candidate at his specified address, unless the candidate has designated in writing to the filing officer a different address for that purpose, in which case the filing officer shall mail the copy to the last address so designated.

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

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

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

      7.  The receipt of information by the Attorney General or district attorney pursuant to subsection 6 must be treated as a challenge of a candidate pursuant to subsections 4 and 5 of NRS 293.182. If the ballots are printed before a court of competent jurisdiction makes a determination that a candidate has been convicted of a felony and has not had his civil rights restored by a court of competent jurisdiction, the filing officer must post a notice at each polling place where the candidate’s name will appear on the ballot informing the voters that the candidate is disqualified from entering upon the duties of the office for which the candidate filed the declaration of candidacy or acceptance of candidacy.

      Sec. 8.  NRS 293.180 is hereby amended to read as follows:

      293.180  1.  Ten or more registered voters may file a certificate of candidacy designating any registered voter as a candidate for:

 


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      (a) Their major political party’s nomination for any partisan elective office, or as a candidate for nomination for any nonpartisan office other than a judicial office, not earlier than the first Monday in [April] February of the year in which the election is to be held nor later than 5 p.m. on the first Friday in [May;] March; or

      (b) Nomination for a judicial office, not earlier than the first Monday in December of the year immediately preceding the year in which the election is to be held nor later than 5 p.m. on the first Friday in January of the year in which the election is to be held.

      2.  When the certificate has been filed, the officer in whose office it is filed shall notify the person named in the certificate. If the person named in the certificate files an acceptance of candidacy and pays the required fee, as provided by law, he is a candidate in the primary election in like manner as if he had filed a declaration of candidacy.

      3.  If a certificate of candidacy relates to a partisan office, all of the signers must be of the same major political party as the candidate designated.

      Sec. 9.  NRS 293.200 is hereby amended to read as follows:

      293.200  1.  An independent candidate for partisan office must file with the appropriate filing officer:

      (a) A copy of the petition of candidacy that he intends to subsequently circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 25 working days before the last day to file the petition pursuant to subsection 4.

      (b) Either of the following:

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

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

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

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

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

      2.  The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated, and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition pursuant to subsection 4. Each person who signs the petition shall add to his signature the address of the place at which he actually resides, the date that he signs the petition and the name of the county where he is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.

 


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genuine to the best of his knowledge and belief and were signed in his presence by persons registered to vote in that county.

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

      4.  Petitions of candidacy must be filed not earlier than the first Monday in [May] March preceding the general election and not later than 5 p.m. on the second Friday after the first Monday in [May.] March.

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

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

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

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

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

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

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

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

      Sec. 10.  NRS 293.205 is hereby amended to read as follows:

      293.205  1.  Except as otherwise provided in NRS 293.208, on or before the third Wednesday in [May] March of every even-numbered year, the county clerk shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require.

      2.  The boundaries of each election precinct must follow visible ground features or extensions of visible ground features, except where the boundary coincides with the official boundary of the State or a county or city.

      3.  Election precincts must be composed only of contiguous territory.

      4.  As used in this section, “visible ground feature” includes a street, road, highway, river, stream, shoreline, drainage ditch, railroad right-of-way or any other physical feature which is clearly visible from the ground.

      Sec. 11.  NRS 293.206 is hereby amended to read as follows:

      293.206  1.  On or before the last day in [May] March of every even-numbered year, the county clerk shall provide the Secretary of State and the Director of the Legislative Counsel Bureau with a copy or electronic file of a map showing the boundaries of all election precincts in the county.

      2.  If the Secretary of State determines that the boundaries of an election precinct do not comply with the provisions of NRS 293.205, he must provide the county clerk with a written statement of noncompliance setting forth the reasons the precinct is not in compliance. Within 15 days after receiving the notice of noncompliance, the county clerk shall make any adjustments to the boundaries of the precinct which are required to bring the precinct into compliance with the provisions of NRS 293.205 and he shall submit a corrected copy or electronic file of the precinct map to the Secretary of State and the Director of the Legislative Counsel Bureau.

 


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compliance with the provisions of NRS 293.205 and he shall submit a corrected copy or electronic file of the precinct map to the Secretary of State and the Director of the Legislative Counsel Bureau.

      3.  If the initial or corrected election precinct map is not filed as required pursuant to this section or the county clerk fails to make the necessary changes to the boundaries of an election precinct pursuant to subsection 2, the Secretary of State may establish appropriate precinct boundaries in compliance with the provisions of NRS 293.205 to 293.213, inclusive. If the Secretary of State revises the map pursuant to this subsection, he shall submit a copy or electronic file of the revised map to the Director of the Legislative Counsel Bureau and the appropriate county clerk.

      4.  As used in this section, “electronic file” includes, without limitation, an electronic data file of a geographic information system.

      Sec. 12.  NRS 293.208 is hereby amended to read as follows:

      293.208  1.  Except as otherwise provided in subsections 2, 3 and 5 and in NRS 293.206, no election precinct may be created, divided, abolished or consolidated, or the boundaries thereof changed, during the period between the third Wednesday in [May] March of any year whose last digit is 6 and the time when the Legislature has been redistricted in a year whose last digit is 1, unless the creation, division, abolishment or consolidation of the precinct, or the change in boundaries thereof, is:

      (a) Ordered by a court of competent jurisdiction;

      (b) Required to meet objections to a precinct by the Attorney General of the United States pursuant to the Voting Rights Act of 1965, 42 U.S.C. §§ 1971 and 1973 et seq., and any amendments thereto;

      (c) Required to comply with subsection 2 of NRS 293.205;

      (d) Required by the incorporation of a new city; or

      (e) Required by the creation of or change in the boundaries of a special district.

Ê As used in this subsection, “special district” means any general improvement district or any other quasi-municipal corporation organized under the local improvement and service district laws of this State as enumerated in title 25 of NRS which is required by law to hold elections or any fire protection district which is required by law to hold elections.

      2.  If a city annexes an unincorporated area located in the same county as the city and adjacent to the corporate boundary, the annexed area may be included in an election precinct immediately adjacent to it.

      3.  A new election precinct may be established at any time if it lies entirely within the boundaries of any existing precinct.

      4.  If a change in the boundaries of an election precinct is made pursuant to this section during the time specified in subsection 1, the county clerk must:

      (a) Within 15 days after the change to the boundary of a precinct is established by the county clerk or ordered by a court, send to the Director of the Legislative Counsel Bureau and the Secretary of State a copy or electronic file of a map showing the new boundaries of the precinct; and

      (b) Maintain in his office an index providing the name of the precinct and describing all changes which were made, including any change in the name of the precinct and the name of any new precinct created within the boundaries of an existing precinct.

      5.  Cities of population categories two and three are exempt from the provisions of subsection 1.

 


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      6.  As used in this section, “electronic file” includes, without limitation, an electronic data file of a geographic information system.

      Sec. 13.  (Deleted by amendment.)

      Sec. 14.  NRS 293.368 is hereby amended to read as follows:

      293.368  1.  Whenever a candidate whose name appears upon the ballot at a primary election dies after 5 p.m. of the second Tuesday in [June,] April, his name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.

      2.  If the deceased candidate on the ballot at the primary election receives the number of votes required to receive the nomination to the office for which he was a candidate, except as otherwise provided in subsection 3 of NRS 293.165, he shall be deemed nominated and [there shall be a] the vacancy in the nomination [that] must be filled as provided in NRS 293.165 or 293.166. If the deceased person was a candidate for a nonpartisan office, the nomination must be filled pursuant to subsection 2 of NRS 293.165.

      3.  Whenever a candidate whose name appears upon the ballot at a general election dies after 5 p.m. on the first Tuesday after the primary election, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.

      4.  If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, he shall be deemed elected and the office to which he was elected shall be deemed vacant at the beginning of the term for which he was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.

      Sec. 15.  NRS 293.481 is hereby amended to read as follows:

      293.481  1.  Except as otherwise provided in subsection 2, every governing body of a political subdivision, public or quasi-public corporation, or other local agency authorized by law to submit questions to the qualified electors or registered voters of a designated territory, when the governing body decides to submit a question:

      (a) At a general election, shall provide to each county clerk within the designated territory on or before the third Monday in July preceding the election:

            (1) A copy of the question, including an explanation of the question;

            (2) Except as otherwise provided in NRS 295.121 or 295.217, arguments for and against the question; and

            (3) A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.

      (b) At a primary election, shall provide to each county clerk within the designated territory on or before the second Friday after the first Monday in [May] March preceding the election:

            (1) A copy of the question, including an explanation of the question;

            (2) Arguments for and against the question; and

            (3) A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.

 


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      (c) At any election other than a primary or general election at which the county clerk gives notice of the election or otherwise performs duties in connection therewith other than the registration of electors and the making of records of registered voters available for the election, shall provide to each county clerk at least 60 days before the election:

            (1) A copy of the question, including an explanation of the question;

            (2) Arguments for and against the question; and

            (3) A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.

      (d) At any city election at which the city clerk gives notice of the election or otherwise performs duties in connection therewith, shall provide to the city clerk at least 60 days before the election:

            (1) A copy of the question, including an explanation of the question;

            (2) Arguments for and against the question; and

            (3) A description of the anticipated financial effect on the local government which, if the question is an advisory question that proposes a bond, tax, fee or expense, must be prepared in accordance with subsection 4 of NRS 293.482.

      2.  A question may be submitted after the dates specified in subsection 1 if the question is expressly privileged or required to be submitted pursuant to the provisions of Article 19 of the Constitution of the State of Nevada, or pursuant to the provisions of chapter 295 of NRS or any other statute except NRS 293.482, 354.59817, 354.5982, 387.3285 or 387.3287 or any statute that authorizes the governing body to issue bonds upon the approval of the voters.

      3.  A question that is submitted pursuant to subsection 1 may be withdrawn if the governing body provides notification to each of the county or city clerks within the designated territory of its decision to withdraw the particular question on or before the same dates specified for submission pursuant to paragraph (a), (b), (c) or (d) of subsection 1, as appropriate.

      4.  A county or city clerk:

      (a) Shall assign a unique identification number to a question submitted pursuant to this section; and

      (b) May charge any political subdivision, public or quasi-public corporation, or other local agency which submits a question a reasonable fee sufficient to pay for the increased costs incurred in including the question, explanation, arguments and description of the anticipated financial effect on the ballot.

      Sec. 16.  NRS 293.5235 is hereby amended to read as follows:

      293.5235  1.  Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which he resides. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.

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

 


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

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

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

      5.  If he determines that the application is complete, he shall, within 10 days after he receives the application, mail to the applicant:

      (a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) A notice informing him that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

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

      (a) A notice informing him that he is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

      (b) A notice informing him that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

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

      7.  The applicant shall be deemed to be registered or to have corrected the information in the register [:

      (a) If the application is received by the county clerk or postmarked not more than 3 working days after the applicant completed the application, on the date the applicant completed the application; or

      (b) If the application is received by the county clerk or postmarked more than 3 working days after the applicant completed the application, on the date the application is received by the county clerk.] on the date the application is postmarked or received by the county clerk, whichever is earlier.

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

      9.  The Secretary of State shall prescribe the form for an application to register to vote by mail which must be used to register to vote by mail in this State.

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

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

 


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

 

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

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

      (d) A statement instructing the applicant not to complete the application if the applicant checked “no” in response to the question set forth in paragraph (b) or (c).

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

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

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

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

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

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

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

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

      Sec. 17.  NRS 293B.354 is hereby amended to read as follows:

      293B.354  1.  The county clerk shall, not later than [June] April 15 of each year in which a general election is held, submit to the Secretary of State for his approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of ballots at a polling place, receiving center or central counting place.

 


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      2.  The city clerk shall, not later than January 1 of each year in which a general city election is held, submit to the Secretary of State for his approval a written plan for the accommodation of members of the general public who observe the delivery, counting, handling and processing of the ballots at a polling place, receiving center or central counting place.

      3.  Each plan must include:

      (a) The location of the central counting place and of each polling place and receiving center;

      (b) A procedure for the establishment of areas within each polling place and receiving center and the central counting place from which members of the general public may observe the activities set forth in subsections 1 and 2;

      (c) The requirements concerning the conduct of the members of the general public who observe the activities set forth in subsections 1 and 2; and

      (d) Any other provisions relating to the accommodation of members of the general public who observe the activities set forth in subsections 1 and 2 which the county or city clerk considers appropriate.

________

 

CHAPTER 296, AB 274

Assembly Bill No. 274–Assemblymen Aizley, Conklin, Ohrenschall, Koivisto; Atkinson, Bobzien, Goicoechea, Kirkpatrick, Manendo, Mastroluca and Segerblom

 

CHAPTER 296

 

AN ACT relating to retail installment sales; defining certain terms and revising certain definitions relating to retail installment sales; requiring that certain disclosures be made to a retail buyer; requiring that certain provisions relating to default be included in credit applications or contracts for the sale of vehicles; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law contains various provisions governing retail installment sales, including sales of motor vehicles. (Chapter 97 of NRS) This bill incorporates into Nevada law certain provisions of the federal Truth in Lending Act of 1968. (15 U.S.C. §§1601, et seq.)

      Sections 1, 3 and 4 of this bill: (1) add a new definition of the term “credit”; (2) revise the existing definition of the term “retail installment transaction” to include an installment sale which does not provide for a finance charge; and (3) revise the definition of the terms “retail seller” or “seller” to include a person, other than a financial institution, who engages in a transaction which may be payable in more than four installments. (NRS 97.115, 97.125)

      Existing law requires a retail installment contract to be delivered or mailed to the buyer before the date of the first installment. (NRS 97.175) Section 5 of this bill requires the seller to make certain disclosures in accordance with the federal Act before any credit is extended. Section 6 of this bill requires forms for the application of credit and contracts to be used in the sale of vehicles to contain a provision, patterned after §5.109 of the Uniform Consumer Credit Code, relating to default on the part of the buyer. (NRS 97.299)

 


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ê2009 Statutes of Nevada, Page 1274 (Chapter 296, AB 274)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 97 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Credit” means the right granted by a seller to a buyer to defer payment of debt or to incur debt and defer its payment.

      Sec. 2.  NRS 97.015 is hereby amended to read as follows:

      97.015  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 97.017 to 97.145, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 97.115 is hereby amended to read as follows:

      97.115  “Retail installment transaction” means a transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract or a retail charge agreement which [provides] may provide for a finance charge and under which the buyer agrees to pay the total of payments in one or more installments.

      Sec. 4.  NRS 97.125 is hereby amended to read as follows:

      97.125  1.  “Retail seller” or “seller” means:

      [1.] (a) A person engaged in the business of selling or leasing goods or services to retail buyers or a licensee, franchisee, assignee or corporate affiliate or subsidiary of such a person; [or]

      [2.] (b) A person, other than a financial institution, who enters into agreements prescribing the terms for the extension of credit pursuant to which the person may, with the buyer’s consent, purchase or acquire one or more obligations of the buyer to a retail seller if the purchase, lease, loan or other obligation to be paid in accordance with the agreement is evidenced by a sales slip or memorandum [.] ; or

      (c) A person, other than a financial institution, who regularly extends, whether in connection with sales or leases of goods or services, credit which is payable by agreement in more than four installments or for which the payment of a finance charge may be required.

      2.  As used in this section, “financial institution” means:

      (a) A bank, credit union, savings institution or trust company organized under, or supervised pursuant to, the laws of the United States or of any state, or any affiliate or subsidiary thereof; or

      (b) A person licensed pursuant to chapter 675 of NRS.

      Sec. 5.  NRS 97.175 is hereby amended to read as follows:

      97.175  [The retail seller shall deliver to the retail buyer, or mail to him at his address shown on the retail installment contract, a copy of the contract as accepted by the seller, prior to the due date of the first installment.]

      1.  Before any credit is extended, the retail seller shall provide to the retail buyer any disclosures required to be made by a creditor pursuant to 15 U.S.C. § 1638.

      2.  Until the seller [does so] provides the required disclosures pursuant to subsection 1, the buyer [shall be] is obligated to pay only the cash sales price.

      3.  Any acknowledgment by the buyer of delivery of a copy of the contract [shall] must be in a size equal to at least 10-point bold type and, if contained in the contract, [shall] must appear directly above the buyer’s signature.

 


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      Sec. 6.  NRS 97.299 is hereby amended to read as follows:

      97.299  1.  The Commissioner of Financial Institutions shall prescribe, by regulation, forms for the application for credit and contracts to be used in the sale of vehicles if:

      (a) The sale involves the taking of a security interest to secure all or a part of the purchase price of the vehicle;

      (b) The application for credit is made to or through the seller of the vehicle;

      (c) The seller is a dealer; and

      (d) The sale is not a commercial transaction.

      2.  The forms prescribed pursuant to subsection 1 must meet the requirements of NRS 97.165, must be accepted and acted upon by any lender to whom the application for credit is made and, in addition to the information required in NRS 97.185 and required to be disclosed in such a transaction by federal law, must:

      (a) Identify and itemize the items embodied in the cash sale price, including the amount charged for a contract to service the vehicle after it is purchased.

      (b) In specifying the amount of the buyer’s down payment, identify the amounts paid in money and allowed for property given in trade and the amount of any manufacturer’s rebate applied to the down payment.

      (c) Contain a description of any property given in trade as part of the down payment.

      (d) Contain a description of the method for calculating the unearned portion of the finance charge upon prepayment in full of the unpaid total of payments as prescribed in NRS 97.225.

      (e) Contain a provision that default on the part of the buyer is only enforceable to the extent that:

            (1) The buyer fails to make a payment as required by the agreement; or

            (2) The prospect of payment, performance or realization of collateral is significantly impaired. The burden of establishing the prospect of significant impairment is on the seller.

      (f) Include the following notice in at least 10-point bold type:

 

NOTICE TO BUYER

 

      Do not sign this agreement before you read it or if it contains any blank spaces. You are entitled to a completed copy of this agreement. If you pay the amount due before the scheduled date of maturity of the indebtedness and you are not in default in the terms of the contract for more than 2 months, you are entitled to a refund of the unearned portion of the finance charge. If you fail to perform your obligations under this agreement, the vehicle may be repossessed and you may be liable for the unpaid indebtedness evidenced by this agreement.

 

      3.  The Commissioner shall arrange for or otherwise cause the translation into Spanish of the forms prescribed pursuant to subsection 1.

      4.  If a change in state or federal law requires the Commissioner to amend the forms prescribed pursuant to subsection 1, the Commissioner need not comply with the provisions of chapter 233B of NRS when making those amendments.

 


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      5.  As used in this section:

      (a) “Commercial transaction” means any sale of a vehicle to a buyer who purchases the vehicle solely or primarily for commercial use or resale.

      (b) “Dealer” has the meaning ascribed to it in NRS 482.020.

      Sec. 7.  1.  This section and sections 1 to 5, inclusive, of this act become effective upon passage and approval.

      2.  Section 6 of this act becomes effective on October 1, 2009.

________

 

CHAPTER 297, AB 281

Assembly Bill No. 281–Assemblyman Conklin

 

CHAPTER 297

 

AN ACT relating to industrial insurance; revising provisions relating to the duty of an insurer to accept or deny a claim for compensation; revising provisions relating to the selection of a physician or chiropractor by an injured employee; revising provisions relating to the denial of compensation due to discharge from employment for misconduct; revising provisions relating to the closure of a claim; creating an expedited appeals process for certain claims by police officers, firefighters and emergency medical attendants; repealing provisions requiring the reduction of compensation by the amount of federal disability insurance benefits received by an injured employee; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, an insurer is required to accept or deny a claim for compensation within 30 days after the insurer has been notified of an industrial accident. (NRS 616C.065) Section 2 of this bill provides that if an insurer is ordered by the Administrator of the Division of Industrial Relations of the Department of Business and Industry, a hearing or appeals officer, a district court or the Supreme Court of Nevada to make a new determination relating to a claim for compensation, such a determination must be made within 30 days after the order.

      Existing law provides that an injured employee may choose an alternative treating physician or chiropractor after making his initial choice if the alternative choice is made within 90 days after the injury. (NRS 616C.090) Section 3 of this bill clarifies existing law by providing that an injured employee may make the alternative choice without the insurer’s approval if the alternative choice is made within 90 days after the injury. Section 3 also provides that an injured employee may make a change in the treating physician or chiropractor at any time, subject to the insurer’s approval. Section 3 further requires an insurer to provide to an injured employee whose request for a change in the treating physician or chiropractor has been denied the specific reason for the denial.

      Section 4 of this bill provides that the affidavit or declaration of a qualified laboratory director, chemist or any other person meeting certain qualifications may be used to prove the existence of alcohol or controlled substances in an employee’s system in denying, reducing or suspending the payment of compensation for an injury. (NRS 616C.230)

 


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      Section 5 of this bill revises existing provisions governing the denial of compensation to injured employees who have been discharged for misconduct by providing that only compensation for temporary total disability may be denied. (NRS 616C.232)

      Section 6 of this bill revises existing law by requiring an insurer to notify an injured employee whose claim will be closed whether an evaluation for a permanent partial disability has been scheduled or, if such an evaluation has not been scheduled, that the reason is because the insurer determined there is no possibility of a permanent impairment of any kind. (NRS 616C.235)

      Sections 7 and 8 of this bill authorize certain contested claims relating to certain occupational diseases of police officers, firefighters and emergency medical attendants to be submitted directly to an appeals officer, thereby bypassing the hearing officer to whom the contested claim would need to be submitted under existing law. (NRS 616C.315) Section 8 also requires that the appeals officer set a hearing date within 60 days after receiving a notice of any such contested claim. (NRS 616C.345) Section 9 of this bill requires that the appeals officer render a decision for any such contested claim within 15 days after certain specified events. (NRS 616C.360)

      Section 11 of this bill repeals the provisions requiring a reduction in the compensation received by an employee for temporary disability, permanent partial disability or permanent total disability by the amount of federal disability insurance benefits received by the employee. (NRS 616C.430)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616C.050 is hereby amended to read as follows:

      616C.050  1.  An insurer shall provide to each claimant:

      (a) Upon written request, one copy of any medical information concerning his injury or illness.

      (b) A statement which contains information concerning the claimant’s right to:

            (1) Receive the information and forms necessary to file a claim;

            (2) Select a treating physician or chiropractor and an alternative treating physician or chiropractor in accordance with the provisions of NRS 616C.090;

            (3) Request the appointment of the Nevada Attorney for Injured Workers to represent him before the appeals officer;

            (4) File a complaint with the Administrator;

            (5) When applicable, receive compensation for:

                  (I) Permanent total disability;

                  (II) Temporary total disability;

                  (III) Permanent partial disability;

                  (IV) Temporary partial disability;

                  (V) All medical costs related to his injury or disease; or

                  (VI) The hours he is absent from the place of employment to receive medical treatment pursuant to NRS 616C.477;

            (6) Receive services for rehabilitation if his injury prevents him from returning to gainful employment;

            (7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute; and

            (8) Judicial review of any final decision within the time specified by statute.

 


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      2.  The insurer’s statement must include a copy of the form designed by the Administrator pursuant to subsection [7] 8 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractor. The Administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.

      Sec. 2.  NRS 616C.065 is hereby amended to read as follows:

      616C.065  1.  Except as otherwise provided in NRS 616C.136, within 30 days after the insurer has been notified of an industrial accident, every insurer shall:

      (a) Accept a claim for compensation, notify the claimant or the person acting on behalf of the claimant that the claim has been accepted and commence payment of the claim; or

      (b) Deny the claim and notify the claimant or the person acting on behalf of the claimant and the Administrator that the claim has been denied.

      2.  If an insurer is ordered by the Administrator, a hearing officer, an appeals officer, a district court or the Supreme Court of Nevada to make a new determination, including, without limitation, a new determination regarding the acceptance or denial of a claim for compensation, the insurer shall make the new determination within 30 days after the date on which the insurer has been ordered to do so.

      3.  Payments made by an insurer pursuant to this section are not an admission of liability for the claim or any portion of the claim.

      [3.] 4.  Except as otherwise provided in this subsection, if an insurer unreasonably delays or refuses to pay the claim within 30 days after the insurer has been notified of an industrial accident, the insurer shall pay upon order of the Administrator an additional amount equal to three times the amount specified in the order as refused or unreasonably delayed. This payment is for the benefit of the claimant and must be paid to him with the compensation assessed pursuant to chapters 616A to 617, inclusive, of NRS. The provisions of this section do not apply to the payment of a bill for accident benefits that is governed by the provisions of NRS 616C.136.

      [4.] 5.  The insurer shall notify the claimant or the person acting on behalf of the claimant that a claim has been accepted or denied pursuant to subsection 1 or 2 by:

      (a) Mailing its written determination to the claimant or the person acting on behalf of the claimant; and

      (b) If the claim has been denied, in whole or in part, obtaining a certificate of mailing.

      [5.] 6.  The failure of the insurer to obtain a certificate of mailing as required by paragraph (b) of subsection [4] 5 shall be deemed to be a failure of the insurer to mail the written determination of the denial of a claim as required by this section.

      [6.] 7.  Upon request, the insurer shall provide a copy of the certificate of mailing, if any, to the claimant or the person acting on behalf of the claimant.

      [7.] 8.  For the purposes of this section, the insurer shall mail the written determination to:

      (a) The mailing address of the claimant or the person acting on behalf of the claimant that is provided on the form prescribed by the Administrator for filing the claim; or

 


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      (b) Another mailing address if the claimant or the person acting on behalf of the claimant provides to the insurer written notice of another mailing address.

      [8.] 9.  As used in this section, “certificate of mailing” means a receipt that provides evidence of the date on which the insurer presented its written determination to the United States Postal Service for mailing.

      Sec. 3.  NRS 616C.090 is hereby amended to read as follows:

      616C.090  1.  The Administrator shall establish a panel of physicians and chiropractors who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.527 shall maintain a list of those physicians and chiropractors on the panel who are reasonably accessible to his employees.

      2.  An injured employee whose employer’s insurer has not entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.527 may choose his treating physician or chiropractor from the panel of physicians and chiropractors. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor from the panel if the choice is made within 90 days after his injury. The insurer shall notify the first physician or chiropractor in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractor must be reimbursed only for the services he rendered to the injured employee up to and including the date of notification. Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is on the panel. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list.

      3.  An injured employee whose employer’s insurer has entered into a contract with an organization for managed care or with providers of health care services pursuant to NRS 616B.527 must choose his treating physician or chiropractor pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractor he so chooses, he may make an alternative choice of physician or chiropractor pursuant to the terms of the contract without the approval of the insurer if the choice is made within 90 days after his injury. If the injured employee, after choosing his treating physician or chiropractor, moves to a county which is not served by the organization for managed care or providers of health care services named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractor, the injured employee must choose a treating physician or chiropractor who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor.

 


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agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractor. If the treating physician or chiropractor refers the injured employee to a specialist for treatment, the treating physician or chiropractor shall provide to the injured employee a list that includes the name of each physician or chiropractor with that specialization who is available pursuant to the terms of the contract with the organization for managed care or with providers of health care services pursuant to NRS 616B.527, as appropriate. After receiving the list, the injured employee shall, at the time the referral is made, select a physician or chiropractor from the list. If the employee fails to select a physician or chiropractor, the insurer may select a physician or chiropractor with that specialization. If a physician or chiropractor with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care services may select a physician or chiropractor with that specialization.

      4.  If the injured employee is not satisfied with the physician or chiropractor selected by himself or by the insurer, the organization for managed care or the provider of health care services pursuant to subsection 3, the injured employee may make an alternative choice of physician or chiropractor pursuant to the terms of the contract. A change in the treating physician or chiropractor may be made at any time but is subject to the approval of the insurer, which must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractor must include the name of the new physician or chiropractor chosen by the injured employee. If the insurer denies a request for a change in the treating physician or chiropractor under this subsection, the insurer must include in a written notice of denial to the injured employee the specific reason for the denial of the request.

      5.  Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractor or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employee’s injury attributable to improper treatments by such physician, chiropractor or other person.

      [5.] 6.  The Administrator may order necessary changes in a panel of physicians and chiropractors and shall suspend or remove any physician or chiropractor from a panel for good cause shown.

      [6.] 7.  An injured employee may receive treatment by more than one physician or chiropractor if the insurer provides written authorization for such treatment.

      [7.] 8.  The Administrator shall design a form that notifies injured employees of their right pursuant to subsections 2 , [and] 3 and 4 to select an alternative treating physician or chiropractor and make the form available to insurers for distribution pursuant to subsection 2 of NRS 616C.050.

      Sec. 4.  NRS 616C.230 is hereby amended to read as follows:

      616C.230  1.  Compensation is not payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS for an injury:

 


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      (a) Caused by the employee’s willful intention to injure himself.

      (b) Caused by the employee’s willful intention to injure another.

      (c) Proximately caused by the employee’s intoxication. If the employee was intoxicated at the time of his injury, intoxication must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

      (d) Proximately caused by the employee’s use of a controlled substance. If the employee had any amount of a controlled substance in his system at the time of his injury for which the employee did not have a current and lawful prescription issued in his name or that he was not using in accordance with the provisions of chapter 453A of NRS, the controlled substance must be presumed to be a proximate cause unless rebutted by evidence to the contrary.

      2.  For the purposes of paragraphs (c) and (d) of subsection 1:

      (a) The affidavit or declaration of an expert or other person described in NRS 50.310, 50.315 or 50.320 is admissible to prove the existence of any alcohol or the existence, quantity or identity of a controlled substance in an employee’s system. If the affidavit or declaration is to be so used, it must be submitted in the manner prescribed in NRS 616C.355.

      (b) When an examination requested or ordered includes testing for the use of alcohol or a controlled substance, the laboratory that conducts the testing must be licensed pursuant to the provisions of chapter 652 of NRS.

      3.  No compensation is payable for the death, disability or treatment of an employee if his death is caused by, or insofar as his disability is aggravated, caused or continued by, an unreasonable refusal or neglect to submit to or to follow any competent and reasonable surgical treatment or medical aid.

      4.  If any employee persists in an unsanitary or injurious practice that imperils or retards his recovery, or refuses to submit to such medical or surgical treatment as is necessary to promote his recovery, his compensation may be reduced or suspended.

      5.  An injured employee’s compensation, other than accident benefits, must be suspended if:

      (a) A physician or chiropractor determines that the employee is unable to undergo treatment, testing or examination for the industrial injury solely because of a condition or injury that did not arise out of and in the course of his employment; and

      (b) It is within the ability of the employee to correct the nonindustrial condition or injury.

Ê The compensation must be suspended until the injured employee is able to resume treatment, testing or examination for the industrial injury. The insurer may elect to pay for the treatment of the nonindustrial condition or injury.

      Sec. 5.  NRS 616C.232 is hereby amended to read as follows:

      616C.232  1.  If an injured employee is discharged from his employment as a result of misconduct, an insurer may deny compensation for temporary total disability to the injured employee because of that discharge for misconduct only if the insurer proves by a preponderance of the evidence that:

      (a) The injured employee was discharged from his employment solely for his misconduct and not for any reason relating to his claim for compensation; and

 


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      (b) It is the injured employee’s discharge from his employment for misconduct, and not his injury, that is the sole cause for the injured employee’s inability to return to work with the preinjury employer.

      2.  An insurer waives its rights under subsection 1 if the insurer does not make a determination to deny or suspend compensation to the injured employee within 70 days after the date on which the insurer learns that the injured employee has been discharged for misconduct.

      3.  An insurer may not deny any compensation pursuant to this section except for compensation for temporary total disability pursuant to subsection 1.

      Sec. 6.  NRS 616C.235 is hereby amended to read as follows:

      616C.235  1.  Except as otherwise provided in subsections 2, 3 and 4:

      (a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant and, if the insurer has been notified that the claimant is represented by an attorney, to the attorney for the claimant by first-class mail addressed to the last known address of the attorney. The notice must include, on a separate page, a statement describing the effects of closing a claim pursuant to this section and a statement that if the claimant does not agree with the determination, he has a right to request a resolution of the dispute pursuant to NRS 616C.305 and 616C.315 to 616C.385, inclusive, including, without limitation, a statement which prominently displays the limit on the time that the claimant has to request a resolution of the dispute as set forth in NRS 616C.315. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.

      (b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.

      (c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.

      2.  If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $300, the insurer may close the claim at any time after he sends, by first-class mail addressed to the last known address of the claimant, written notice that includes a statement which prominently displays that:

      (a) The claim is being closed pursuant to this subsection;

      (b) The injured employee may appeal the closure of the claim pursuant to the provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive; and

      (c) If the injured employee does not appeal the closure of the claim or appeals the closure of the claim but is not successful, the claim cannot be reopened.

      3.  In addition to the notice described in subsection 2, an insurer shall send to each claimant who receives less than $300 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed pursuant to subsection 2. The written notice provided pursuant to this subsection does not create any right to appeal the contents of that notice. The written notice must be:

 


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      (a) Sent by first-class mail addressed to the last known address of the claimant; and

      (b) A document that is separate from any other document or form that is used by the insurer.

      4.  The closure of a claim pursuant to subsection 2 is not effective unless notice is given as required by subsections 2 and 3.

      5.  In addition to the requirements of this section, an insurer shall include in the written notice described in subsection 2:

      (a) If an evaluation for a permanent partial disability has been scheduled pursuant to NRS 616C.490, a statement to that effect; or

      (b) If an evaluation for a permanent partial disability will not be scheduled pursuant to NRS 616C.490, a statement explaining that the reason is because the insurer has determined there is no possibility of a permanent impairment of any kind.

      Sec. 7.  NRS 616C.315 is hereby amended to read as follows:

      616C.315  1.  Any person who is subject to the jurisdiction of the hearing officers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may request a hearing before a hearing officer of any matter within the hearing officer’s authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.

      2.  A hearing must not be scheduled until the following information is provided to the hearing officer:

      (a) The name of:

            (1) The claimant;

            (2) The employer; and

            (3) The insurer or third-party administrator;

      (b) The number of the claim; and

      (c) If applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination.

      3.  Except as otherwise provided in NRS 616B.772, 616B.775, 616B.787, 616C.305 and 616C.427, a person who is aggrieved by:

      (a) A written determination of an insurer; or

      (b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,

Ê may appeal from the determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must include the information required pursuant to subsection 2 and, except as otherwise provided in subsections 4 and 5, must be filed within 70 days after the date on which the notice of the insurer’s determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond to a written request for a determination within 30 days after receipt of such a request shall be deemed by the hearing officer to be a denial of the request.

      4.  The period specified in subsection 3 within which a request for a hearing must be filed may be extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that he was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of his spouse, parent or child.

      5.  Failure to file a request for a hearing within the period specified in subsection 3 may be excused if the person aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to request a hearing.

 


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determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.

      6.  The hearing before the hearing officer must be conducted as expeditiously and informally as is practicable.

      7.  The parties to a contested claim may, if the claimant is represented by legal counsel, agree to forego a hearing before a hearing officer and submit the contested claim directly to an appeals officer.

      8.  A claimant may, with regard to a contested claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 as described in subsection 2 of NRS 616C.345, submit the contested claim directly to an appeals officer pursuant to subsection 2 of NRS 616C.345 without the agreement of any other party.

      Sec. 8.  NRS 616C.345 is hereby amended to read as follows:

      616C.345  1.  Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by, except as otherwise provided in subsections [8 and 9,] 9 and 10, filing a notice of appeal with an appeals officer within 30 days after the date of the decision.

      2.  A claimant aggrieved by a written determination of the denial of a claim, in whole or in part, by an insurer, or the failure of an insurer to respond in writing within 30 days to a written request of the claimant mailed to the insurer, concerning a claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 may file a notice of a contested claim with an appeals officer. The notice must include the information required pursuant to subsection 3 and, except as otherwise provided in subsections 9 and 11, must be filed within 70 days after the date on which the notice of the insurer’s determination was mailed by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond in writing to a written request for a determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request. The insurer shall provide, without cost, the forms necessary to file a notice of a contested claim to any person who requests them.

      3.  A hearing must not be scheduled until the following information is provided to the appeals officer:

      (a) The name of:

            (1) The claimant;

            (2) The employer; and

            (3) The insurer or third-party administrator;

      (b) The number of the claim; and

      (c) If applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination.

      [3.] 4.  If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:

      (a) A final determination was rendered pursuant to that procedure; or

      (b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,

Ê any party to the dispute may, except as otherwise provided in subsections [8 and 9,] 9 and 10, file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or his dependent, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.

 


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written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.

      [4.] 5.  Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.

      [5.] 6.  Except as otherwise provided in subsections [2 and 6,] 3 and 7, within 10 days after receiving a notice of appeal pursuant to this section or NRS 616C.220, 616D.140 or 617.401, or within 10 days after receiving a notice of a contested claim pursuant to subsection 7 of NRS 616C.315, the appeals officer shall:

      (a) Schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after his receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and

      (b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled.

      [6.  A]

      7.  Except as otherwise provided in subsection 12, a request to schedule the hearing for a date and time which is:

      (a) Within 60 days after the receipt of the notice of appeal or contested claim; or

      (b) More than 90 days after the receipt of the notice or claim,

Ê may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.

      [7.  An]

      8.  An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.

      [8.] 9.  The period specified in subsection 1 , 2 or [3] 4 within which a notice of appeal or a notice of a contested claim must be filed may be extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that he was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of his spouse, parent or child.

      [9.] 10.  Failure to file a notice of appeal within the period specified in subsection 1 or [3] 4 may be excused if the party aggrieved shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to appeal the determination. The claimant, employer or insurer shall notify the hearing officer of a change of address.

      11.  Failure to file a notice of a contested claim within the period specified in subsection 2 may be excused if the claimant shows by a preponderance of the evidence that he did not receive the notice of the determination and the forms necessary to file the notice.

 


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determination and the forms necessary to file the notice. The claimant or employer shall notify the insurer of a change of address.

      12.  Within 10 days after receiving a notice of a contested claim pursuant to subsection 2, the appeals officer shall:

      (a) Schedule a hearing on the merits of the contested claim for a date and time within 60 days after his receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and

      (b) Give notice by mail or by personal service to all parties to the matter and their attorneys or agents within 10 days after scheduling the hearing.

Ê The scheduled date must allow sufficient time for full disclosure, exchange and examination of medical and other relevant information. A party may not introduce information at the hearing which was not previously disclosed to the other parties unless all parties agree to the introduction.

      Sec. 9.  NRS 616C.360 is hereby amended to read as follows:

      616C.360  1.  A stenographic or electronic record must be kept of the hearing before the appeals officer and the rules of evidence applicable to contested cases under chapter 233B of NRS apply to the hearing.

      2.  The appeals officer must hear any matter raised before him on its merits, including new evidence bearing on the matter.

      3.  If there is a medical question or dispute concerning an injured employee’s condition or concerning the necessity of treatment for which authorization for payment has been denied, the appeals officer may:

      (a) Order an independent medical examination and refer the employee to a physician or chiropractor of his choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractor is on the insurer’s panel of providers of health care. If the medical question concerns the rating of a permanent disability, the appeals officer may refer the employee to a rating physician or chiropractor. The rating physician or chiropractor must be selected in rotation from the list of qualified physicians or chiropractors maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and the injured employee otherwise agree to a rating physician or chiropractor. The insurer shall pay the costs of any examination requested by the appeals officer.

      (b) If the medical question or dispute is relevant to an issue involved in the matter before the appeals officer and all parties agree to the submission of the matter to an external review organization, submit the matter to an external review organization in accordance with NRS 616C.363 and any regulations adopted by the Commissioner.

      4.  If an injured employee has requested payment for the cost of obtaining a second determination of his percentage of disability pursuant to NRS 616C.100, the appeals officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractor for such service, whichever is less.

 


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ê2009 Statutes of Nevada, Page 1287 (Chapter 297, AB 281)ê

 

      5.  The appeals officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.

      6.  Any party to the appeal or contested case or the appeals officer may order a transcript of the record of the hearing at any time before the seventh day after the hearing. The transcript must be filed within 30 days after the date of the order unless the appeals officer otherwise orders.

      7.  [The] Except as otherwise provided in subsection 8, the appeals officer shall render his decision:

      (a) If a transcript is ordered within 7 days after the hearing, within 30 days after the transcript is filed; or

      (b) If a transcript has not been ordered, within 30 days after the date of the hearing.

      8.  The appeals officer shall render his decision on a contested claim submitted pursuant to subsection 2 of NRS 616C.345 within 15 days after:

      (a) The date of the hearing; or

      (b) If the appeals officer orders an independent medical examination, the date the appeals officer receives the report of the examination,

Ê unless both parties to the contested claim agree to a later date.

      9.  The appeals officer may affirm, modify or reverse any decision made by [the] a hearing officer and issue any necessary and proper order to give effect to his decision.

      Sec. 10.  NRS 616C.475 is hereby amended to read as follows:

      616C.475  1.  Except as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.

      2.  Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his dependents are entitled to receive such benefits when the injured employee is released from incarceration if he is certified as temporarily totally disabled by a physician or chiropractor.

      3.  If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.

      4.  Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.

      5.  Payments for a temporary total disability must cease when:

      (a) A physician or chiropractor determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employee’s education, training and experience;

      (b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractor pursuant to subsection 7; or

 


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ê2009 Statutes of Nevada, Page 1288 (Chapter 297, AB 281)ê

 

      (c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.

      6.  Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the Division for the injured employee to request continued compensation for the temporary total disability.

      7.  A certification of disability issued by a physician or chiropractor must:

      (a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;

      (b) Specify whether the limitations or restrictions are permanent or temporary; and

      (c) Be signed by the treating physician or chiropractor authorized pursuant to NRS 616B.527 or appropriately chosen pursuant to subsection 3 or 4 of NRS 616C.090.

      8.  If the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of his accident may offer temporary, light-duty employment to the employee. If the employer makes such an offer, the employer shall confirm the offer in writing within 10 days after making the offer. The making, acceptance or rejection of an offer of temporary, light-duty employment pursuant to this subsection does not affect the eligibility of the employee to receive vocational rehabilitation services, including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services. Any offer of temporary, light-duty employment made by the employer must specify a position that:

      (a) Is substantially similar to the employee’s position at the time of his injury in relation to the location of the employment and the hours he is required to work;

      (b) Provides a gross wage that is:

            (1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his injury; or

            (2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his injury; and

      (c) Has the same employment benefits as the position of the employee at the time of his injury.

      Sec. 11.  NRS 616C.430 is hereby repealed.

      Sec. 12.  1.  This section and sections 1 to 6, inclusive, 10 and 11 of this act become effective on July 1, 2009.

      2.  Sections 7, 8 and 9 of this act become effective on October 1, 2009.

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ê2009 Statutes of Nevada, Page 1289ê

 

CHAPTER 298, AB 294

Assembly Bill No. 294–Assemblymen Kirkpatrick; Anderson, Arberry, Atkinson, Christensen, Claborn, Conklin, Gansert, Kihuen, Mortenson, Munford, Parnell, Pierce, Segerblom, Smith, Spiegel and Stewart

 

CHAPTER 298

 

AN ACT relating to group homes; directing the Legislative Commission to conduct an interim study concerning group homes; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the concept of requiring certain minimum distances between group homes was enacted initially in 1999, and the minimum distance was at that time set at 660 feet. (Chapter 619, Statutes of Nevada 1999, pp. 3365-66) In 2001, the minimum distance between group homes was altered to be a range of 660 feet to 1,500 feet. (Chapter 395, Statutes of Nevada 2001, pp. 1907-09) Most recently, the range of minimum distances between group homes was raised to be a range of 1,500 feet to 2,500 feet. (Chapter 297, Statutes of Nevada 2007, pp. 1131-33) However, at all relevant times, the applicable section specifying the distances between group homes (NRS 278.021, replaced in revision by NRS 278.02386) has stated that there is no presumption that the location of more than one group home within the specified distance or range is inappropriate under all circumstances.

      On July 9, 2008, the United States District Court for the District of Nevada struck down the entirety of Nevada’s “group home statute” (NRS 278.0238-278.02388), finding that it was facially discriminatory and therefore preempted by the Fair Housing Amendments Act, 42 U.S.C. §§ 3601-31. (Nevada Fair Hous. Ctr., Inc. v. Clark County, 565 F. Supp. 2d 1178, 1183 (D. Nev. 2008))

      This bill directs the Legislative Commission to conduct an interim study concerning group homes. In relevant part, the committee appointed by the Legislative Commission to conduct the interim study must examine potential methods by which the siting of group homes may be monitored and regulated in a manner that is consistent with federal law.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  The Legislative Commission shall appoint a committee to conduct an interim study concerning group homes.

      2.  The committee appointed by the Legislative Commission pursuant to subsection 1 must be composed of six Legislators as follows:

      (a) Three members appointed by the Majority Leader of the Senate, at least one of whom must be appointed from the membership of the Senate Standing Committee on Government Affairs during the immediately preceding session of the Legislature; and

      (b) Three members appointed by the Speaker of the Assembly, at least one of whom must be appointed from the membership of the Assembly Standing Committee on Government Affairs during the immediately preceding session of the Legislature.

 


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ê2009 Statutes of Nevada, Page 1290 (Chapter 298, AB 294)ê

 

      3.  The study must include, without limitation:

      (a) Consideration of the applicable provisions of federal law.

      (b) A survey of different mechanisms by which the siting of group homes may be regulated for the benefit of both the residents of the group homes and the residents of the surrounding community.

      (c) Consideration of the concept of whether the definition of a group home may be broadened in such a manner that the term does not discriminate against persons with disabilities, either facially or in effect.

      (d) An examination of methods by which other jurisdictions have regulated group homes in a manner that is consistent with federal law.

      (e) Consideration of whether the licensing and regulation of group homes may be carried out most effectively at the local level.

      (f) Insofar as is reasonably practicable, input from all parties having an interest in the licensing, regulation and siting of group homes, including, without limitation:

            (1) Persons or entities, or both, who advocate on behalf of persons with disabilities or residents of group homes.

            (2) Owners and operators of group homes.

            (3) Residents of group homes.

            (4) Residents of neighborhoods in which group homes are or may be located.

            (5) Officers and representatives of state and local governmental agencies involved in the licensing, regulation or siting of group homes, or any combination of those activities.

            (6) Officers and representatives of the United States Department of Housing and Urban Development.

      (g) An examination of any other matter that the committee determines to be relevant to the study.

      4.  The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 76th Session of the Nevada Legislature.

      5.  As used in this section, “group home” means a residential establishment as defined in NRS 278.02384.

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

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ê2009 Statutes of Nevada, Page 1291ê

 

CHAPTER 299, AB 296

Assembly Bill No. 296–Committee on Transportation

 

CHAPTER 299

 

AN ACT relating to motor carriers; revising the conditions for nonprofit carriers of elderly persons or persons with disabilities in certain larger counties (currently Clark County) to qualify for an exemption from the requirement to obtain a certificate of public convenience and necessity; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill revises the exemption from the requirement to obtain a certificate of public convenience and necessity for nonprofit carriers of elderly persons or persons with disabilities based upon the size of the county in which the carrier operates. (NRS 706.745)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.745 is hereby amended to read as follows:

      706.745  1.  The provisions of NRS 706.386 and 706.421 do not apply to:

      (a) Ambulances;

      (b) Hearses; or

      (c) Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705.

      2.  A common motor carrier that enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transit consisting of:

      (a) Regular routes and fixed schedules;

      (b) Nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;

      (c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or

      (d) In a county whose population is less than 100,000 or an incorporated city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

      3.  Under any agreement for a system of public transit that provides for the transportation of passengers that is described in subsection 2:

      (a) The public entity shall provide for any required safety inspections; or

      (b) If the public entity is unable to do so, the Authority shall provide for any required safety inspections.

      4.  In addition to the requirements of subsection 3, under an agreement for a system of public transit that provides for the transportation of passengers that is described in:

 


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ê2009 Statutes of Nevada, Page 1292 (Chapter 299, AB 296)ê

 

      (a) Paragraph (a) of subsection 2, the public entity shall establish the routes and fares.

      (b) Paragraph (c) or (d) of subsection 2, the common motor carrier:

            (1) May provide transportation to any passenger who can board a vehicle with minimal assistance from the operator of the vehicle.

            (2) Shall not offer medical assistance as part of its transportation service.

      5.  [A] In a county whose population:

      (a) Is less than 400,000, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.

      (b) Is 400,000 or more, a nonprofit carrier of elderly persons or persons with disabilities is not required to obtain a certificate of public convenience and necessity to operate as a common motor carrier of such passengers only, but:

            (1) Only if the nonprofit carrier:

                  (I) Does not charge for transportation services;

                  (II) Provides transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705; or

                  (III) Enters into an agreement for the purchase of its service by an incorporated city, county or regional transportation commission; and

            (2) Such a carrier is not exempt from inspection by the Authority to determine whether its vehicles and their operation are safe.

      6.  An incorporated city, county or regional transportation commission is not required to obtain a certificate of public convenience and necessity to operate a system of public transportation.

      7.  Before an incorporated city or a county enters into an agreement with a common motor carrier for a system of public transit that provides for the transportation of passengers that is described in paragraph (c) or (d) of subsection 2 in an area of the incorporated city or an area of the county, it must determine that:

      (a) There are no other common motor carriers of passengers who are authorized to provide such services in that area; or

      (b) Although there are other common motor carriers of passengers who are authorized to provide such services in the area, the common motor carriers of passengers do not wish to provide, or are not capable of providing, such services.

      Sec. 2.  This act becomes effective on January 1, 2010.

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ê2009 Statutes of Nevada, Page 1293ê

 

CHAPTER 300, AB 325

Assembly Bill No. 325–Assemblymen Stewart, Gansert; Cobb, Goedhart, Grady, Gustavson, Hambrick, Hardy, Kirkpatrick, McArthur, Munford, Settelmeyer and Woodbury

 

CHAPTER 300

 

AN ACT relating to sex offenders; prohibiting persons who are convicted of certain sexual offenses from having contact with a victim or witness; revising provisions relating to the confidentiality of records and reports that reveal identity in cases involving certain offenses; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that if a person is convicted of certain sexual offenses and the court grants probation or suspends the sentence of the defendant, or if such a person is released on parole, that person must not have any contact with the victim or a witness who testified against him unless approved by a parole and probation officer. (NRS 176A.410, 213.1245) Sections 1 and 2.5 of this bill provide that such a person may not have any such contact unless approved in writing by the Chief Parole and Probation Officer or his designee. Section 2 of this bill similarly prohibits a sex offender under lifetime supervision from having any contact with a victim or a witness who testified against him unless approved in writing by the Chief. (NRS 213.1243)

      Sections 1.1-1.5 of this bill expand the prohibition on the public disclosure of the identity of a victim of a sexual assault to include a victim of statutory sexual seduction or sexual conduct involving a pupil or student.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 176A.410 is hereby amended to read as follows:

      176A.410  1.  Except as otherwise provided in subsection 6, if a defendant is convicted of a sexual offense and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension of sentence that the defendant:

      (a) Submit to a search and seizure of his person, residence or vehicle or any property under his control, at any time of the day or night, without a warrant, by any parole and probation officer or any peace officer, for the purpose of determining whether the defendant has violated any condition of probation or suspension of sentence or committed any crime.

      (b) Reside at a location only if:

            (1) The residence has been approved by the parole and probation officer assigned to the defendant.

            (2) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

            (3) The defendant keeps the parole and probation officer assigned to the defendant informed of his current address.

 


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ê2009 Statutes of Nevada, Page 1294 (Chapter 300, AB 325)ê

 

      (c) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the defendant and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer.

      (d) Abide by any curfew imposed by the parole and probation officer assigned to the defendant.

      (e) Participate in and complete a program of professional counseling approved by the Division.

      (f) Submit to periodic tests, as requested by the parole and probation officer assigned to the defendant, to determine whether the defendant is using a controlled substance.

      (g) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the defendant.

      (h) Abstain from consuming, possessing or having under his control any alcohol.

      (i) Not have contact or communicate with a victim of the sexual offense or a witness who testified against the defendant or solicit another person to engage in such contact or communication on behalf of the defendant, unless approved by the [parole and probation officer assigned to the defendant,] Chief Parole and Probation Officer or his designee and a written agreement is entered into and signed in the manner set forth in subsection 5.

      (j) Not use aliases or fictitious names.

      (k) Not obtain a post office box unless the defendant receives permission from the parole and probation officer assigned to the defendant.

      (l) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of a sexual offense is present and permission has been obtained from the parole and probation officer assigned to the defendant in advance of each such contact.

      (m) Unless approved by the parole and probation officer assigned to the defendant and by a psychiatrist, psychologist or counselor treating the defendant, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this paragraph apply only to a defendant who is a Tier III offender.

      (n) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication.

      (o) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the defendant.

      (p) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the defendant.

      (q) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the defendant.

      (r) Inform the parole and probation officer assigned to the defendant if the defendant expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education.

 


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ê2009 Statutes of Nevada, Page 1295 (Chapter 300, AB 325)ê

 

of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  Except as otherwise provided in subsection 6, if a defendant is convicted of an offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the defendant is a Tier III offender and the court grants probation or suspends the sentence of the defendant, the court shall, in addition to any other condition ordered pursuant to subsection 1, order as a condition of probation or suspension of sentence that the defendant:

      (a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

      (b) As deemed appropriate by the Chief Parole and Probation Officer, be placed under a system of active electronic monitoring that is capable of identifying his location and producing, upon request, reports or records of his presence near or within a crime scene or prohibited area or his departure from a specified geographic location.

      (c) Pay any costs associated with his participation under the system of active electronic monitoring, to the extent of his ability to pay.

      3.  A defendant placed under the system of active electronic monitoring pursuant to subsection 2 shall:

      (a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

      (b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

      (c) Abide by any other conditions set forth by the Division with regard to his participation under the system of active electronic monitoring.

      4.  Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a defendant pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

      5.  A written agreement entered into pursuant to paragraph (i) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The defendant;

      (c) The parole and probation officer assigned to the defendant;

      (d) The psychiatrist, psychologist or counselor treating the defendant, victim or witness, if any; [and]

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child [.] ; and

 


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ê2009 Statutes of Nevada, Page 1296 (Chapter 300, AB 325)ê

 

      (f) The Chief Parole and Probation Officer or his designee.

      6.  The court is not required to impose a condition of probation or suspension of sentence listed in subsections 1 and 2 if the court finds that extraordinary circumstances are present and the court enters those extraordinary circumstances in the record.

      7.  As used in this section, “sexual offense” has the meaning ascribed to it in NRS 179D.097.

      Sec. 1.1.  NRS 200.364 is hereby amended to read as follows:

      200.364  As used in NRS 200.364 to 200.3774, inclusive, unless the context otherwise requires:

      1.  “Offense involving a pupil” means any of the following offenses:

      (a) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

      (b) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

      2.  “Perpetrator” means a person who commits a sexual [assault.] offense or an offense involving a pupil.

      [2.] 3.  “Sexual offense” means any of the following offenses:

      (a) Sexual assault pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      4.  “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.

      [3.] 5.  “Statutory sexual seduction” means:

      (a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or

      (b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.

      [4.] 6.  “Victim” means a person who is [subjected to] a victim of a sexual [assault.] offense or an offense involving a pupil.

      Sec. 1.2.  NRS 200.377 is hereby amended to read as follows:

      200.377  The Legislature finds and declares that:

      1.  This State has a compelling interest in assuring that the victim of a sexual [assault:] offense or an offense involving a pupil:

      (a) Reports the [assault] sexual offense or offense involving a pupil to the appropriate authorities;

      (b) Cooperates in the investigation and prosecution of the [assault;] sexual offense or offense involving a pupil; and

      (c) Testifies at the criminal trial of the person charged with committing the [assault.] sexual offense or offense involving a pupil.

      2.  The fear of public identification and invasion of privacy are fundamental concerns for the victims of sexual [assault.] offenses or offenses involving a pupil. If these concerns are not addressed and the victims are left unprotected, the victims may refrain from reporting and prosecuting sexual [assaults.] offenses or offenses involving a pupil.

      3.  A victim of a sexual [assault] offense or an offense involving a pupil may be harassed, intimidated and psychologically harmed by a public report that identifies the victim. A sexual [assault] offense or an offense involving a pupil is, in many ways, a unique, distinctive and intrusive personal trauma.

 


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ê2009 Statutes of Nevada, Page 1297 (Chapter 300, AB 325)ê

 

involving a pupil is, in many ways, a unique, distinctive and intrusive personal trauma. The consequences of identification are often additional psychological trauma and the public disclosure of private personal experiences.

      4.  Recent public criminal trials have focused attention on these issues and have dramatized the need for basic protections for the victims of sexual [assault.] offenses or offenses involving a pupil.

      5.  The public has no overriding need to know the individual identity of the victim of a sexual [assault.] offense or an offense involving a pupil.

      6.  The purpose of NRS 200.3771 to 200.3774, inclusive, is to protect the victims of sexual [assault] offenses and offenses involving a pupil from harassment, intimidation, psychological trauma and the unwarranted invasion of their privacy by prohibiting the disclosure of their identities to the public.

      Sec. 1.3.  NRS 200.3771 is hereby amended to read as follows:

      200.3771  1.  Except as otherwise provided in this section, any information which is contained in:

      (a) Court records, including testimony from witnesses;

      (b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;

      (c) Records of criminal history, as that term is defined in NRS 179A.070; and

      (d) Records in the Central Repository for Nevada Records of Criminal History,

Ê that reveals the identity of a victim of a sexual [assault] offense or an offense involving a pupil is confidential, including but not limited to the victim’s photograph, likeness, name, address or telephone number.

      2.  A defendant charged with a sexual [assault] offense or an offense involving a pupil and his attorney are entitled to all identifying information concerning the victim in order to prepare the defense of the defendant. The defendant and his attorney shall not disclose this information except, as necessary, to those persons directly involved in the preparation of the defense.

      3.  A court of competent jurisdiction may authorize the release of the identifying information, upon application, if the court determines that:

      (a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the disclosure;

      (b) The disclosure will not place the victim at risk of personal harm; and

      (c) Reasonable notice of the application and an opportunity to be heard have been given to the victim.

      4.  Nothing in this section prohibits:

      (a) Any publication or broadcast by the media concerning a sexual [assault.] offense or an offense involving a pupil.

      (b) The disclosure of identifying information to any nonprofit organization or public agency whose purpose is to provide counseling, services for the management of crises or other assistance to the victims of crimes if:

            (1) The organization or agency needs identifying information of victims to offer such services; and

            (2) The court or a law enforcement agency approves the organization or agency for the receipt of the identifying information.

 


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ê2009 Statutes of Nevada, Page 1298 (Chapter 300, AB 325)ê

 

      5.  The willful violation of any provision of this section or the willful neglect or refusal to obey any court order made pursuant thereto is punishable as criminal contempt.

      Sec. 1.4.  NRS 200.3772 is hereby amended to read as follows:

      200.3772  1.  A victim of a sexual [assault] offense or an offense involving a pupil may choose a pseudonym to be used instead of the victim’s name on all files, records and documents pertaining to the sexual [assault,] offense or offense involving a pupil, including, without limitation, criminal intelligence and investigative reports, court records and media releases.

      2.  A victim who chooses to use a pseudonym shall file a form to choose a pseudonym with the law enforcement agency investigating the sexual offense [.] or offense involving a pupil. The form must be provided by the law enforcement agency.

      3.  If the victim files a form to use a pseudonym, as soon as practicable the law enforcement agency shall make a good faith effort to:

      (a) Substitute the pseudonym for the name of the victim on all reports, files and records in the agency’s possession; and

      (b) Notify the prosecuting attorney of the pseudonym.

Ê The law enforcement agency shall maintain the form in a manner that protects the confidentiality of the information contained therein.

      4.  Upon notification that a victim has elected to be designated by a pseudonym, the court shall ensure that the victim is designated by the pseudonym in all legal proceedings concerning the sexual [assault.] offense or offense involving a pupil.

      5.  The information contained on the form to choose a pseudonym concerning the actual identity of the victim is confidential and must not be disclosed to any person other than the defendant or his attorney unless a court of competent jurisdiction orders the disclosure of the information. The disclosure of information to a defendant or his attorney is subject to the conditions and restrictions specified in subsection 2 of NRS 200.3771. A person who violates this subsection is guilty of a misdemeanor.

      6.  A court of competent jurisdiction may order the disclosure of the information contained on the form only if it finds that the information is essential in the trial of the defendant accused of the sexual [assault] offense or offense involving a pupil or the identity of the victim is at issue.

      7.  A law enforcement agency that complies with the requirements of this section is immune from civil liability for unknowingly or unintentionally:

      (a) Disclosing any information contained on the form filed by a victim [of sexual assault] pursuant to this section that reveals the identity of the victim; or

      (b) Failing to substitute the pseudonym of the victim for the name of the victim on all reports, files and records in the agency’s possession.

      Sec. 1.5.  NRS 200.3773 is hereby amended to read as follows:

      200.3773  1.  A public officer or employee who has access to any records, files or other documents which include the photograph, likeness, name, address, telephone number or other fact or information that reveals the identity of a victim of a sexual [assault] offense or an offense involving a pupil shall not intentionally or knowingly disclose the identifying information to any person other than:

 


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ê2009 Statutes of Nevada, Page 1299 (Chapter 300, AB 325)ê

 

      (a) The defendant or his attorney;

      (b) A person who is directly involved in the investigation, prosecution or defense of the case;

      (c) A person specifically named in a court order issued pursuant to NRS 200.3771; or

      (d) A nonprofit organization or public agency approved to receive the information pursuant to NRS 200.3771.

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

      Sec. 1.6.   NRS 200.3774 is hereby amended to read as follows:

      200.3774  The provisions of NRS 200.3771, 200.3772 and 200.3773 do not apply if the victim of the sexual [assault] offense or offense involving a pupil voluntarily waives, in writing, the confidentiality of the information concerning the victim’s identity.

      Sec. 2.  NRS 213.1243 is hereby amended to read as follows:

      213.1243  1.  The Board shall establish by regulation a program of lifetime supervision of sex offenders to commence after any period of probation or any term of imprisonment and any period of release on parole. The program must provide for the lifetime supervision of sex offenders by parole and probation officers.

      2.  Lifetime supervision shall be deemed a form of parole for:

      (a) The limited purposes of the applicability of the provisions of NRS 213.1076, subsection 9 of NRS 213.1095, NRS 213.1096 and subsection 2 of NRS 213.110; and

      (b) The purposes of the Interstate Compact for Adult Offender Supervision ratified, enacted and entered into by the State of Nevada pursuant to NRS 213.215.

      3.  Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender reside at a location only if:

      (a) The residence has been approved by the parole and probation officer assigned to the person.

      (b) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

      (c) The person keeps the parole and probation officer informed of his current address.

      4.  Except as otherwise provided in subsection 9, the Board shall require as a condition of lifetime supervision that the sex offender, unless approved by the parole and probation officer assigned to the sex offender and by a psychiatrist, psychologist or counselor treating the sex offender, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this subsection apply only to a sex offender who is a Tier 3 offender.

      5.  Except as otherwise provided in subsection 9, if a sex offender is convicted of a sexual offense listed in subsection 6 of NRS 213.1255 against a child under the age of 14 years, the sex offender is a Tier 3 offender and the sex offender is sentenced to lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:

 


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ê2009 Statutes of Nevada, Page 1300 (Chapter 300, AB 325)ê

 

the sex offender is sentenced to lifetime supervision, the Board shall require as a condition of lifetime supervision that the sex offender:

      (a) Reside at a location only if the residence is not located within 1,000 feet of any place, or if the place is a structure, within 1,000 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

      (b) As deemed appropriate by the Chief, be placed under a system of active electronic monitoring that is capable of identifying his location and producing, upon request, reports or records of his presence near or within a crime scene or prohibited area or his departure from a specified geographic location.

      (c) Pay any costs associated with his participation under the system of active electronic monitoring, to the extent of his ability to pay.

      6.  A sex offender placed under the system of active electronic monitoring pursuant to subsection 4 shall:

      (a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

      (b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

      (c) Abide by any other conditions set forth by the Division with regard to his participation under the system of active electronic monitoring.

      7.  Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on a sex offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

      8.  Except as otherwise provided in subsection 7, a sex offender who commits a violation of a condition imposed on him pursuant to the program of lifetime supervision is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      9.  The Board is not required to impose a condition pursuant to the program of lifetime supervision listed in subsections 3, 4 and 5 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      10.  The Board shall require as a condition of lifetime supervision that the sex offender not have contact or communicate with a victim of the sexual offense or a witness who testified against the sex offender or solicit another person to engage in such contact or communication on behalf of the sex offender, unless approved by the Chief or his designee and a written agreement is entered into and signed.

      11.  If a court issues a warrant for arrest for a violation of this section, the court shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, notice of the issuance of the warrant for arrest in a manner which ensures that such notice is received by the Central Repository within 3 business days.

 


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ê2009 Statutes of Nevada, Page 1301 (Chapter 300, AB 325)ê

 

      [11.] 12.  For the purposes of prosecution of a violation by a sex offender of a condition imposed upon him pursuant to the program of lifetime supervision, the violation shall be deemed to have occurred in, and may only be prosecuted in, the county in which the court that imposed the sentence of lifetime supervision pursuant to NRS 176.0931 is located, regardless of whether the acts or conduct constituting the violation took place, in whole or in part, within or outside that county or within or outside this State.

      Sec. 2.5.  NRS 213.1245 is hereby amended to read as follows:

      213.1245  1.  Except as otherwise provided in subsection 3, if the Board releases on parole a prisoner convicted of an offense listed in NRS 179D.097, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee:

      (a) Reside at a location only if:

            (1) The residence has been approved by the parole and probation officer assigned to the parolee.

            (2) If the residence is a facility that houses more than three persons who have been released from prison, the facility is a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS.

            (3) The parolee keeps the parole and probation officer informed of his current address.

      (b) Accept a position of employment or a position as a volunteer only if it has been approved by the parole and probation officer assigned to the parolee and keep the parole and probation officer informed of the location of his position of employment or position as a volunteer.

      (c) Abide by any curfew imposed by the parole and probation officer assigned to the parolee.

      (d) Participate in and complete a program of professional counseling approved by the Division.

      (e) Submit to periodic tests, as requested by the parole and probation officer assigned to the parolee, to determine whether the parolee is using a controlled substance.

      (f) Submit to periodic polygraph examinations, as requested by the parole and probation officer assigned to the parolee.

      (g) Abstain from consuming, possessing or having under his control any alcohol.

      (h) Not have contact or communicate with a victim of the offense or a witness who testified against the parolee or solicit another person to engage in such contact or communication on behalf of the parolee, unless approved by the [parole and probation officer assigned to the parolee,] Chief or his designee and a written agreement is entered into and signed in the manner set forth in subsection 2.

      (i) Not use aliases or fictitious names.

      (j) Not obtain a post office box unless the parolee receives permission from the parole and probation officer assigned to the parolee.

      (k) Not have contact with a person less than 18 years of age in a secluded environment unless another adult who has never been convicted of an offense listed in NRS 179D.097 is present and permission has been obtained from the parole and probation officer assigned to the parolee in advance of each such contact.

      (l) Unless approved by the parole and probation officer assigned to the parolee and by a psychiatrist, psychologist or counselor treating the parolee, if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater.

 


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ê2009 Statutes of Nevada, Page 1302 (Chapter 300, AB 325)ê

 

if any, not knowingly be within 500 feet of any place, or if the place is a structure, within 500 feet of the actual structure, that is designed primarily for use by or for children, including, without limitation, a public or private school, a school bus stop, a center or facility that provides day care services, a video arcade, an amusement park, a playground, a park, an athletic field or a facility for youth sports, or a motion picture theater. The provisions of this paragraph apply only to a parolee who is a Tier 3 offender.

      (m) Comply with any protocol concerning the use of prescription medication prescribed by a treating physician, including, without limitation, any protocol concerning the use of psychotropic medication.

      (n) Not possess any sexually explicit material that is deemed inappropriate by the parole and probation officer assigned to the parolee.

      (o) Not patronize a business which offers a sexually related form of entertainment and which is deemed inappropriate by the parole and probation officer assigned to the parolee.

      (p) Not possess any electronic device capable of accessing the Internet and not access the Internet through any such device or any other means, unless possession of such a device or such access is approved by the parole and probation officer assigned to the parolee.

      (q) Inform the parole and probation officer assigned to the parolee if the parolee expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of his enrollment at an institution of higher education. As used in this paragraph, “institution of higher education” has the meaning ascribed to it in NRS 179D.045.

      2.  A written agreement entered into pursuant to paragraph (h) of subsection 1 must state that the contact or communication is in the best interest of the victim or witness, and specify the type of contact or communication authorized. The written agreement must be signed and agreed to by:

      (a) The victim or the witness;

      (b) The parolee;

      (c) The parole and probation officer assigned to the parolee;

      (d) The psychiatrist, psychologist or counselor treating the parolee, victim or witness, if any; [and]

      (e) If the victim or witness is a child under 18 years of age, each parent, guardian or custodian of the child [.] ; and

      (f) The Chief or his designee.

      3.  The Board is not required to impose a condition of parole listed in subsection 1 if the Board finds that extraordinary circumstances are present and the Board states those extraordinary circumstances in writing.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4.  The amendatory provisions of this act apply to a person who is convicted on or after October 1, 2009.

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ê2009 Statutes of Nevada, Page 1303ê

 

CHAPTER 301, AB 326

Assembly Bill No. 326–Assemblyman Denis

 

CHAPTER 301

 

AN ACT relating to controlled substances; revising provisions governing the tracking of prescriptions for controlled substances; requiring the Legislative Committee on Health Care to conduct a study of the abuse of prescription narcotic drugs in this State; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides for the creation of a computerized program to track prescriptions for controlled substances listed in schedule II, III or IV. Section 7 of this bill requires that the database of the computerized program be made available on the Internet to persons who are authorized to dispense controlled substances in this State. Section 7 further requires that the computerized program contain the contact information of each practitioner and person authorized to dispense controlled substances who elects to access the database of the program. In addition, section 7 requires the Board and the Investigation Division of the Department of Public Safety to establish a course of training in the computerized program and further requires that a person complete the course of training before the Board provides the person with access to the database of the program. (NRS 453.1545)

      Section 9 of this bill requires the Legislative Committee on Health Care to conduct a study of the abuse of prescription narcotic drugs and the manner of monitoring and addressing such abuse in this State and to submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature on or before January 15, 2011.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-6.  (Deleted by amendment.)

      Sec. 7.  NRS 453.1545 is hereby amended to read as follows:

      453.1545  1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

      (a) Be designed to provide information regarding:

            (1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies to prevent the improper or illegal use of those controlled substances; and

            (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Division, the Health Division of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

 


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ê2009 Statutes of Nevada, Page 1304 (Chapter 301, AB 326)ê

 

      (d) Include the contact information of each person who elects to access the database of the program pursuant to subsection 2, including, without limitation:

            (1) The name of the person;

            (2) The physical address of the person;

            (3) The telephone number of the person; and

            (4) If the person maintains an electronic mail address, the electronic mail address of the person.

      2.  The Board shall provide [each practitioner who is authorized to write prescriptions for controlled substances listed in schedule II, III or IV with] Internet access to the database of the program established pursuant to subsection 1 to [carry out the provisions of NRS 639.23507.] each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III or IV who:

      (a) Elects to access the database of the program; and

      (b) Completes the course of instruction described in subsection 6.

      3.  The Board and the Division must have access to the program established pursuant to subsection 1 to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.

      4.  The Board or the Division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

      5.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section and NRS 239.0115, must not be disclosed to any person. That information must be disclosed:

      (a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or

      (b) Upon the lawful order of a court of competent jurisdiction.

      6.  The Board and the Division shall cooperatively develop a course of training for persons who elect to access the database of the program pursuant to subsection 2 and require each such person to complete the course of training before he is provided with Internet access to the database pursuant to subsection 2.

      7.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  The Legislative Committee on Health Care shall:

      1.  In cooperation with the State Board of Pharmacy, the Board of Medical Examiners and the State Board of Osteopathic Medicine, conduct a study of the abuse of prescription narcotic drugs and the manner of monitoring and addressing the abuse of prescription narcotic drugs in this State; and

      2.  On or before January 15, 2011, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning the abuse of prescription narcotic drugs and the manner of monitoring and addressing the abuse of prescription narcotic drugs in this State.

      Sec. 10.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 1305ê

 

CHAPTER 302, AB 333

Assembly Bill No. 333–Assemblymen Denis and Atkinson

 

CHAPTER 302

 

AN ACT relating to motor vehicles; revising certain provisions relating to the towing of vehicles; authorizing an electronic notification to the Department of Motor Vehicles of the transfer of ownership of a motor vehicle; authorizing the Department to provide certain information about the transfer of ownership of a motor vehicle to tow car operators and other interested parties; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Nevada Transportation Authority to reduce any charge for preparing or satisfying a lien which is filed by the operator of a tow car if the Authority determines that all or part of the charge is attributable to the operator’s failure to prepare or satisfy the lien in a timely manner. (NRS 706.4468)

      Existing law presumes that an abandoned motor vehicle was abandoned by its registered owner. The registered owner is thus responsible for the costs of removing and disposing of the vehicle. Existing law also provides for the rebuttal of this presumption. (NRS 487.220) Section 2 of this bill provides a similar presumption, and opportunity for rebuttal, for the registered owner of a vehicle that is towed at the request of the owner of real property from which the vehicle is towed. (NRS 706.4477)

      Existing law provides that if an operator of a tow car tows a motor vehicle at the request of someone other than the owner, the operator is required to notify the owner of certain information within a particular period of time. (NRS 706.4479) Section 3 of this bill adds to the list of the information that must be provided notice to the registered and legal owner of the vehicle as to the actions the owner may take to reduce his liability for any potentially applicable assessments, fees, penalties or other charges, and as to the opportunity to rebut presumptions about the ownership of a vehicle.

      Section 4 of this bill authorizes a person who transfers ownership of a motor vehicle to notify the Department of Motor Vehicles of the transfer electronically. Section 4 also authorizes the Department to provide information regarding vehicle ownership transfers to tow car operators and other interested parties. (NRS 482.400)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.4468 is hereby amended to read as follows:

      706.4468  1.  Each operator of a tow car shall file its charges for preparing or satisfying a lien to which the operator is entitled against a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle. The Authority [may] :

      (a) May investigate any charge filed pursuant to this subsection and revise the charge as necessary to ensure that the charge is reasonable.

      (b) Shall reduce any charge filed pursuant to this subsection if the Authority determines that the charge is unreasonable because the charge is attributable, in whole or in part, to failure on the part of the operator of the tow car to prepare or satisfy his lien in a timely manner.

 


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ê2009 Statutes of Nevada, Page 1306 (Chapter 302, AB 333)ê

 

      2.  An operator of a tow car may not impose a charge or any part of a charge filed pursuant to subsection 1 unless the operator:

      (a) Has initiated the procedure by which a person may satisfy a lien; and

      (b) Stores the vehicle for at least 96 hours.

      3.  If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for at least 96 hours but not more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the Authority pursuant to subsection 1 for preparing or satisfying a lien.

      4.  If an operator of a tow car stores a vehicle that was towed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle for more than 336 hours, the operator may charge an amount not to exceed 50 percent of the charge approved by the Authority pursuant to subsection 1 for preparing or satisfying a lien in addition to the amount charged pursuant to subsection 3.

      Sec. 2.  NRS 706.4477 is hereby amended to read as follows:

      706.4477  1.  If towing is requested by a person other than the owner, or an agent of the owner, of the motor vehicle or a law enforcement officer:

      [1.] (a) The person requesting the towing must be the owner of the real property from which the vehicle is towed or his authorized agent and must sign a specific request for the towing. For the purposes of this section, the operator is not an authorized agent of the owner of the real property.

      [2.] (b) The area from which the vehicle is to be towed must be appropriately posted in accordance with state or local requirements.

      [3.] (c) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.

      [4.] (d) The operator may be directed to terminate the towing by a law enforcement officer.

      2.  The registered owner of a motor vehicle towed pursuant to the provisions of subsection 1:

      (a) Is presumed to have left the motor vehicle on the real property from which the vehicle is towed; and

      (b) Is responsible for the cost of removal and storage of the motor vehicle.

      3.  The registered owner may rebut the presumption in subsection 2 by showing that:

      (a) He transferred his interest in the motor vehicle:

            (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or

            (2) As indicated by a bill of sale for the vehicle that is signed by the registered owner; or

      (b) The vehicle is stolen, if he submits evidence that, before the discovery of the vehicle, he filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.

      Sec. 3.  NRS 706.4479 is hereby amended to read as follows:

      706.4479  1.  If a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:

 


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ê2009 Statutes of Nevada, Page 1307 (Chapter 302, AB 333)ê

 

      (a) Notify the registered and legal owner of the motor vehicle by certified mail not later than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle or not later than 15 days after placing any other vehicle in storage:

            (1) Of the location where the motor vehicle is being stored;

            (2) Whether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;

            (3) Of the charge for towing and storage; [and]

            (4) Of the date and time the vehicle was placed in storage [.] ;

            (5) Of the actions that the registered and legal owner of the vehicle may take to recover his vehicle while incurring the lowest possible liability in accrued assessments, fees, penalties or other charges; and

            (6) Of the opportunity to rebut the presumptions set forth in NRS 487.220 and 706.4477.

      (b) If the identity of the registered and legal owner is not known or readily available, make every reasonable attempt and use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this State or any other state within:

            (1) Twenty-one days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

            (2) Fifteen days after placing any other motor vehicle in storage.

Ê The operator shall attempt to notify the owner of the vehicle by certified mail as soon as possible, but in no case later than 15 days after identification of the owner is obtained for any motor vehicle.

      2.  If an operator includes in his tariff a fee to be charged to the registered and legal owner of a vehicle for the towing and storage of the vehicle, the fee may not be charged:

      (a) For more than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

      (b) For more than 15 days after placing any other vehicle in storage,

Ê unless the operator complies with the requirements set forth in subsection 1.

      Sec. 4.  NRS 482.400 is hereby amended to read as follows:

      482.400  1.  Except as otherwise provided in this subsection and subsections [2, 5 and 6,] 3, 6 and 7, and NRS 482.247, upon a transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of title issued for the vehicle, together with the residence address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate. The Department may, by regulation, prescribe alternative methods by which a signature may be affixed upon a manufacturer’s certificate of origin or a manufacturer’s statement of origin issued for a vehicle. The alternative methods must ensure the authenticity of the signatures.

      2.  Within 5 days after the transfer of the title to, or the interest of an owner in, a vehicle registered or issued a certificate of title under the provisions of this chapter, the person or person whose title or interest is to be transferred may submit electronically to the Department a notice of the transfer.

 


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ê2009 Statutes of Nevada, Page 1308 (Chapter 302, AB 333)ê

 

provisions of this chapter, the person or person whose title or interest is to be transferred may submit electronically to the Department a notice of the transfer. The Department may provide, by request and at the discretion of the Department, information submitted to the Department pursuant to this section to a tow car operator or other interested party. The Department shall adopt regulations establishing:

      (a) Procedures for electronic submissions pursuant to this section; and

      (b) Standards for determining who may receive information from the Department pursuant to this section.

      3.  The Department shall provide a form for use by a dealer for the transfer of ownership of a vehicle. The form must be produced in a manner which ensures that the form may not be easily counterfeited. Upon the attachment of the form to a certificate of title issued for a vehicle, the form becomes a part of that certificate of title. The Department may charge a fee not to exceed the cost to provide the form.

      [3.] 4.  Except as otherwise provided in subsections [4, 5 and 6,] 5, 6 and 7, the transferee shall immediately apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.

      [4.] 5.  If the transferee is a dealer who intends to resell the vehicle, he is not required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is resold, the purchaser shall apply for registration as provided in NRS 482.215 and shall pay the governmental services taxes due.

      [5.] 6.  If the transferee consigns the vehicle to a wholesale vehicle auctioneer:

      (a) The transferee shall, within 30 days after that consignment, provide the wholesale vehicle auctioneer with the certificate of title for the vehicle, executed as required by subsection 1, and any other documents necessary to obtain another certificate of title for the vehicle.

      (b) The wholesale vehicle auctioneer shall be deemed a transferee of the vehicle for the purposes of subsection [4.] 5. The wholesale vehicle auctioneer is not required to comply with subsection 1 if he:

            (1) Does not take an ownership interest in the vehicle;

            (2) Auctions the vehicle to a vehicle dealer or automobile wrecker who is licensed as such in this or any other state; and

            (3) Stamps his name, his identification number as a vehicle dealer and the date of the auction on the certificate of title and the bill of sale and any other documents of transfer for the vehicle.

      [6.] 7.  A charitable organization which intends to sell a vehicle which has been donated to the organization must deliver immediately to the Department or its agent the certificate of registration and the license plate or plates for the vehicle, if the license plate or plates have not been removed from the vehicle. The charitable organization must not be required to register, pay a transfer or registration fee for, or pay a governmental services tax on the vehicle. When the vehicle is sold by the charitable organization, the purchaser shall apply for registration as provided in NRS 482.215 and pay the governmental services taxes due.

      [7.] 8.  As used in this section, “wholesale vehicle auctioneer” means a dealer who:

      (a) Is engaged in the business of auctioning consigned motor vehicles to vehicle dealers or automobile wreckers, or both, who are licensed as such in this or any other state; and

 


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ê2009 Statutes of Nevada, Page 1309 (Chapter 302, AB 333)ê

 

      (b) Does not in the ordinary course of his business buy, sell or own the vehicles he auctions.

      Sec. 5.  1.  This section and sections 1, 2 and 3 of this act become effective on July 1, 2009.

      2.  Section 4 of this act becomes effective on October 1, 2010.

________

 

CHAPTER 303, AB 335

Assembly Bill No. 335–Assemblymen Parnell, Anderson; Carpenter, Cobb, Dondero Loop, Gustavson, Hambrick, McArthur, Mortenson, Ohrenschall and Segerblom

 

CHAPTER 303

 

AN ACT relating to criminal gangs; making various changes relating to nuisances and criminal gangs; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that certain places used for certain illegal activities constitute a private nuisance, which creates civil liability and allows any person whose property is affected to bring a civil action to abate the nuisance and recover damages. (NRS 40.140) Section 3 of this bill provides that a building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang constitutes such a private nuisance. Existing law also provides that certain places used for certain illegal activities constitute a public nuisance, and any person responsible for such a public nuisance who does not abate the public nuisance is guilty of a misdemeanor. (NRS 202.450, 202.470) Section 5 of this bill provides that a building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang constitutes such a public nuisance.

      Sections 6 and 7 of this bill authorize the board of county commissioners of a county and the governing body of a city to adopt an ordinance authorizing the filing of a civil action, under certain circumstances, to: (1) enjoin the activities of a specific member of a criminal gang; and (2) recover money damages, attorney’s fees and costs against a member of a criminal gang and the owner of a business or place that constitutes a nuisance because the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang. Sections 6 and 7 also provide that a member of a criminal gang who is subject to an injunction and who knowingly and intentionally commits a material violation of that injunction is guilty of a misdemeanor.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  (Deleted by amendment.)

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 40.140 is hereby amended to read as follows:

      40.140  1.  Except as otherwise provided in this section:

      (a) Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property;

 


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ê2009 Statutes of Nevada, Page 1310 (Chapter 303, AB 335)ê

 

      (b) A building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog; [or]

      (c) A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

            (1) Which has not been deemed safe for habitation by a governmental entity; or

            (2) From which all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed or remediated by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog [,] ; or

      (d) A building or place regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang,

Ê is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

      2.  It is presumed:

      (a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.

      (b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      3.  A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

      (a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or

      (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.

Ê A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

      4.  As used in this section:

      (a) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

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

      (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      [(c)] (d) “Shooting range” means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.

      Sec. 4.  (Deleted by amendment.)

 


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ê2009 Statutes of Nevada, Page 1311 (Chapter 303, AB 335)ê

 

      Sec. 5.  NRS 202.450 is hereby amended to read as follows:

      202.450  1.  A public nuisance is a crime against the order and economy of the State.

      2.  Every place:

      (a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

      (b) Wherein any fighting between animals or birds is conducted;

      (c) Wherein any dog races are conducted as a gaming activity;

      (d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;

      (e) Wherein a controlled substance, immediate precursor or controlled substance analog is unlawfully sold, served, stored, kept, manufactured, used or given away; [or]

      (f) That is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang; or

      (g) Where vagrants resort,

Ê is a public nuisance.

      3.  Every act unlawfully done and every omission to perform a duty, which act or omission:

      (a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;

      (b) Offends public decency;

      (c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or

      (d) In any way renders a considerable number of persons insecure in life or the use of property,

Ê is a public nuisance.

      4.  A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog is a public nuisance if the building or place has not been deemed safe for habitation by a governmental entity and:

      (a) The owner of the building or place allows the building or place to be used for any purpose before all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have been removed from or remediated on the building or place by an entity certified or licensed to do so; or

      (b) The owner of the building or place fails to have all materials or substances involving the controlled substance, immediate precursor or controlled substance analog removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

      5.  Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

 


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ê2009 Statutes of Nevada, Page 1312 (Chapter 303, AB 335)ê

 

which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      6.  A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

      (a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or

      (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.

Ê A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

      7.  As used in this section:

      (a) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

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

      (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      [(c)] (d) “Shooting range” has the meaning ascribed to it in NRS 40.140.

      Sec. 6.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding the provisions of any other law or ordinance, each board of county commissioners may, by ordinance, to protect the public health, safety and welfare of the residents of the county, adopt procedures pursuant to which the district attorney may file a civil action in a court of competent jurisdiction to seek any or all of the following relief:

      (a) A temporary or permanent injunction against any specific member of a criminal gang to enjoin his activity which is associated with the criminal gang and which is occurring within the county.

      (b) The recovery of money damages, attorney’s fees and costs from:

            (1) Any member of a criminal gang that is engaging in criminal activities within the county; and

            (2) The owner of a building or place located within the county that has been found to be a public nuisance because the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang, but only if the owner has actual notice that the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang.

      2.  Any money damages awarded in an action brought pursuant to this section must be:

      (a) Paid by, or collected from:

            (1) Any assets of the criminal gang or its members that were derived from the criminal activities of the criminal gang or its members;

            (2) Any assets of the owner of a building or place that has been found to constitute a public nuisance; or

            (3) Any combination of the assets described in subparagraphs (1) and (2).

      (b) Deposited into a separate, segregated fund in the county treasury, to be used solely for the benefit of the specific community or neighborhood that has been injured by the criminal activities of the criminal gang or the existence of the building or place that constitutes a public nuisance.

 


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ê2009 Statutes of Nevada, Page 1313 (Chapter 303, AB 335)ê

 

that has been injured by the criminal activities of the criminal gang or the existence of the building or place that constitutes a public nuisance.

      3.  A member of a criminal gang who is subject to a temporary or permanent injunction granted pursuant to this section and who knowingly and intentionally commits a material violation of the terms of that injunction is guilty of a misdemeanor. If the violation also constitutes a criminal offense under another provision of law, the violation may be prosecuted pursuant to this section or the other provision of law, or both.

      4.  An action may not be brought pursuant to this section against:

      (a) Any governmental entity; or

      (b) Any charitable or nonprofit organization that is conducting, with ordinary care and skill, activities relating to prevention or education concerning criminal gangs.

      5.  As used in this section, “criminal gang” has the meaning ascribed to it in NRS 193.168.

      Sec. 7.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding the provisions of any other law or ordinance, each governing body of a city may, by ordinance, to protect the public health, safety and welfare of the residents of the city, adopt procedures pursuant to which the city attorney may file a civil action in a court of competent jurisdiction to seek any or all of the following relief:

      (a) A temporary or permanent injunction against any specific member of a criminal gang to enjoin his activity which is associated with the criminal gang and which is occurring within the city.

      (b) The recovery of money damages, attorney’s fees and costs from:

            (1) Any member of a criminal gang that is engaging in criminal activities within the city; and

            (2) The owner of a building or place located within the city that has been found to be a public nuisance because the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang, but only if the owner has actual notice that the building or place is regularly and continuously used by the members of a criminal gang to engage in, or facilitate the commission of, crimes by the criminal gang.

      2.  Any money damages awarded in an action brought pursuant to this section must be:

      (a) Paid by, or collected from:

            (1) Any assets of the criminal gang or its members that were derived from the criminal activities of the criminal gang or its members;

            (2) Any assets of the owner of a building or place that has been found to constitute a public nuisance; or

            (3) Any combination of the assets described in subparagraphs (1) and (2).

      (b) Deposited into a separate, segregated fund in the city treasury, to be used solely for the benefit of the specific community or neighborhood that has been injured by the criminal activities of the criminal gang or the existence of the building or place that constitutes a public nuisance.

      3.  A member of a criminal gang who is subject to a temporary or permanent injunction granted pursuant to this section and who knowingly and intentionally commits a material violation of the terms of that injunction is guilty of a misdemeanor. If the violation also constitutes a criminal offense under another provision of law, the violation may be prosecuted pursuant to this section or the other provision of law, or both.

 


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ê2009 Statutes of Nevada, Page 1314 (Chapter 303, AB 335)ê

 

criminal offense under another provision of law, the violation may be prosecuted pursuant to this section or the other provision of law, or both.

      4.  An action may not be brought pursuant to this section against:

      (a) Any governmental entity; or

      (b) Any charitable or nonprofit organization that is conducting, with ordinary care and skill, activities relating to prevention or education concerning criminal gangs.

      5.  As used in this section, “criminal gang” has the meaning ascribed to it in NRS 193.168.

________

 

CHAPTER 304, AB 348

Assembly Bill No. 348–Assemblymen Munford, Anderson, Ohrenschall, Kihuen, Spiegel; Aizley, Arberry, Atkinson, Bobzien, Claborn, Denis, Gansert, Goedhart, Hogan, Kirkpatrick, Leslie, Manendo, McClain, Mortenson, Oceguera, Pierce, Segerblom and Stewart

 

CHAPTER 304

 

AN ACT relating to education; requiring each public school to post a notice of information concerning certain courses, services and programs available to pupils enrolled in the public school and the school district; requiring that the notice be made available to the parents and legal guardians of those pupils; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      This bill requires the board of trustees of each school district to prepare a notice of information identifying all the advanced placement courses, honors courses, international baccalaureate courses, special education services, gifted and talented programs, charter school programs and any other educational programs available to pupils enrolled in the school district, including where those courses, services and programs are offered. Each public school within the school district is required to post a notice in a conspicuous place at the school indicating the availability of courses, services and programs in the public school and indicating the availability and location of a complete list of the courses, services and programs identified by the school district and make such notices available to the parents and legal guardians of pupils enrolled in the school.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 392 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 prepare a written notice which identifies all the advanced placement courses, honors courses, international baccalaureate courses, special education services, gifted and talented programs and any other educational programs available to pupils enrolled in the school district, including, without limitation, to the extent information is available, programs offered by charter schools within the school district, which will assist in the advancement of the education of those pupils.

 


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ê2009 Statutes of Nevada, Page 1315 (Chapter 304, AB 348)ê

 

limitation, to the extent information is available, programs offered by charter schools within the school district, which will assist in the advancement of the education of those pupils. The notice must:

      (a) Specify where those courses, services and programs are available within the school district;

      (b) Identify the grade level of pupils for which those courses, services and programs are available; and

      (c) Be posted on the Internet website maintained by the school district.

      2.  Each public school shall:

      (a) Prepare a written notice which identifies the courses, services and programs identified pursuant to subsection 1 that are available at that public school;

      (b) Post in one or more conspicuous places at the school a notice indicating the availability and location of a complete list of the courses, services and programs:

            (1) Available within the school district, as identified pursuant to subsection 1; and

            (2) Available at that public school, as identified pursuant to paragraph (a); and

      (c) Ensure that the notices prepared pursuant to this section are made available to the parents and legal guardians of pupils enrolled in the school:

            (1) At the beginning of each school year or upon a pupil’s enrollment in public school, as applicable, including, without limitation, at meetings of parent organizations at the school and by distribution with other information that is sent home with pupils.

            (2) At parent-teacher conferences.

      3.  The notices prepared pursuant to subsection 1 and paragraph (a) of subsection 2 must be made available in such languages as the board of trustees of the school district deems necessary.

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

________

 


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ê2009 Statutes of Nevada, Page 1316ê

 

CHAPTER 305, AB 360

Assembly Bill No. 360–Assemblymen Goicoechea; Gustavson and Settelmeyer (by request)

 

CHAPTER 305

 

AN ACT relating to special districts; authorizing the temporary creation of certain special districts to manage certain federal funds provided to the State; requiring that certain federal funds be distributed directly to certain special districts; requiring certain reporting in connection with such special districts; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Chapter 308 of NRS provides for the creation of various types of special districts for various purposes. This bill authorizes the creation of special districts to manage money that is: (1) paid to the State by the Federal Government; and (2) designated for the territory covered by the district. To qualify, the number of county commissioners serving on the governing board of the special district cannot constitute a majority and the special district must be authorized to act independently of the county when managing the district. This bill also requires that, if a special district has been created, federal money be paid directly to the district and not to the county or counties within which the district lies.

      Under the provisions of this bill, the governing body of any special district created pursuant thereto must, on or before January 1, 2011, submit a one-time report to the Director of the Legislative Counsel Bureau for transmittal to the 76th Session of the Nevada Legislature.

      The provisions of this bill expire by limitation on June 30, 2013.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 308 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A special district may be formed subject to the provisions of this chapter:

      (a) To manage any money that is:

            (1) Paid to the State of Nevada or to a county by the Federal Government; and

            (2) Designated for the territory covered by the special district; and

      (b) With a governing body:

            (1) Of which not more than half of the members are also members of the board of county commissioners of the county within which lies the territory covered by the special district; and

            (2) Which is authorized to act independently of the board of county commissioners of the county within which lies the territory covered by the special district.

      2.  If a special district is formed pursuant to the provisions of this section to manage money that is:

      (a) Paid to the State of Nevada or to a county by the Federal Government pursuant to a specified bill or measure of the Federal Government; and

      (b) Designated for the territory covered by the special district,

 


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ê2009 Statutes of Nevada, Page 1317 (Chapter 305, AB 360)ê

 

Ê any such money must be distributed directly to the special district for expenditure.

      Sec. 2.  NRS 354.140 is hereby amended to read as follows:

      354.140  1.  [The] Except as otherwise provided in subsection 2, the money paid to the State of Nevada by the Secretary of the Treasury under the provisions of 16 U.S.C. § 500, providing for the payment to states and territories of a fixed percentage of the money received by the Government of the United States from the forest reserves established therein, must be distributed respectively to the county or counties in which the forest reserves are situated . [, to]

      2.  If a special district has been formed pursuant to the provisions of section 1 of this act to manage money paid to the State of Nevada by the Secretary of the Treasury under the provisions of 16 U.S.C. § 500 from forest reserves established within the territory covered by the special district, any such money must be distributed directly to the special district.

      3.  Money distributed pursuant to subsections 1 and 2 must be expended for the benefit of the public schools and the public roads of the county or counties in equal proportion for each object. The proportion for schools must be paid into the county school district fund. If there is a county road fund, the proportion for roads must be paid into the county road fund. If there is no county road fund, the proportion for roads must be paid into the county general fund for public road purposes.

      [2.] 4.  When any forest reserve is in more than one state or county, the distributive share to each must be proportional to its area therein, following as near as may be the figures submitted to the State of Nevada respecting net forest area and county acreage therein by the Forest Service, United States Department of Agriculture.

      [3.] 5.  The agency which is responsible for completing any audit required for the continuation of the payments must be reimbursed for the cost of the audit from the funds to which the payments were distributed proportionately according to the percentage of the payment which was distributed to each fund.

      Sec. 3.  1.  On or before January 1, 2011, the governing body of any special district formed pursuant to the provisions of section 1 of this act shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the 76th Session of the Nevada Legislature.

      2.  The report required to be submitted in accordance with subsection 1 must include, without limitation:

      (a) A description of the boundaries of the special district.

      (b) The form and composition of the governance of the special district.

      (c) The total number of dollars received by the special district, directly or indirectly, from the Federal Government.

      (d) The purposes for which the money described in paragraph (c) was spent and will be spent.

      (e) A description of the activities engaged in by the special district.

      (f) Any other information that is requested by the Director of the Legislative Counsel Bureau which the Director determines would be helpful to the Legislature in evaluating the efficacy, efficiency and usefulness of the special district.

      Sec. 4.  This act becomes effective on July 1, 2009, and expires by limitation on June 30, 2013.

________

 


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ê2009 Statutes of Nevada, Page 1318ê

 

CHAPTER 306, AB 370

Assembly Bill No. 370–Assemblyman Carpenter

 

CHAPTER 306

 

AN ACT relating to pharmacies; providing for the establishment of remote sites, satellite consultation sites and telepharmacies; requiring the State Board of Pharmacy to adopt regulations for the operation of such establishments and the governance of dispensing practitioners and dispensing technicians; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the issuance of a license to an applicant to conduct a pharmacy upon compliance with all licensing requirements. (NRS 639.231) This bill authorizes the establishment of remote sites and satellite consultation sites for the dispensing of prescriptions, and telepharmacies, which are connected to such sites via computer link, video link and audio link to enable a registered pharmacist or a dispensing practitioner at the telepharmacy to oversee the dispensing of prescriptions to patients at a remote site or satellite consultation site.

      Section 6 of this bill requires a remote site or satellite consultation site to be located at least 50 miles from the nearest pharmacy and in a service area with a total population of less than 2,000. Section 6 also authorizes such sites to be operated by a pharmaceutical technician or a dispensing technician. Section 6 further requires the State Board of Pharmacy to adopt regulations which establish the manner of determining a “service area.” Sections 8 and 9 of this bill exempt those sites from the requirement that every pharmacy must be managed by a registered pharmacist. (NRS 639.220, 639.284)

      Section 5 of this bill requires the State Board of Pharmacy to adopt regulations for the operation of remote sites, satellite consultation sites and telepharmacies and for the definition, registration, discipline, qualifications, powers and duties of dispensing practitioners and dispensing technicians.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 6, inclusive, of this act.

      Sec. 1.5.  “Federally qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      Sec. 2.  “Remote site” means:

      1.  A pharmacy staffed by a pharmaceutical technician and equipped to facilitate communicative access to a pharmacy and its registered pharmacists; or

      2.  An office:

      (a) Of a dispensing practitioner who is employed by a nonprofit entity that is designated as a federally qualified health center; and

      (b) That is:

            (1) Staffed by a dispensing technician; and

            (2) Equipped to facilitate communicative access to the dispensing practitioner,

Ê via computer link, video link and audio link during regular business hours.

 


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ê2009 Statutes of Nevada, Page 1319 (Chapter 306, AB 370)ê

 

      Sec. 3.  “Satellite consultation site” means a site that only dispenses filled prescriptions which are delivered to that site after the prescriptions are prepared:

      1.  At a pharmacy where a registered pharmacist provides consultation to patients via computer link, video link and audio link during regular business hours; or

      2.  At an office:

      (a) Of a dispensing practitioner who is employed by a nonprofit entity that is designated as a federally qualified health center; and

      (b) Where the dispensing practitioner provides consultation to patients via computer link, video link and audio link during regular business hours.

      Sec. 4.  “Telepharmacy” means:

      1.  A pharmacy; or

      2.  An office of a dispensing practitioner who is employed by a nonprofit entity that is designated as a federally qualified health center,

Ê that is accessible by a remote site or a satellite consultation site via computer link, video link and audio link.

      Sec. 5.  The Board shall adopt regulations:

      1.  As are necessary for the safe and efficient operation of remote sites, satellite consultation sites and telepharmacies; and

      2.  To define the terms “dispensing practitioner” and “dispensing technician,” to provide for the registration and discipline of dispensing practitioners and dispensing technicians, and to set forth the qualifications, powers and duties of dispensing practitioners and dispensing technicians.

      Sec. 6.  1.  In addition to the requirements set forth in this chapter and any other specific statute, a remote site or satellite consultation site must be located:

      (a) At least 50 miles or more from the nearest pharmacy; and

      (b) In a service area with a total population of less than 2,000.

      2.  A remote site or satellite consultation site may be operated by:

      (a) A pharmaceutical technician without the physical presence of a managing pharmacist, except that the managing pharmacist of the telepharmacy shall also be deemed the managing pharmacist of the remote site or satellite consultation site; or

      (b) A dispensing technician without the physical presence of a dispensing practitioner who is employed by a nonprofit entity that is designated as a federally qualified health center, except that the dispensing practitioner shall also be deemed the managing pharmacist of the remote site or satellite consultation site.

      3.  The Board shall adopt regulations for the purposes of this section, which establish the manner of determining a “service area.” Such a “service area” must be a geographical area of between 5 and 10 miles in radius. In adopting the regulations, the Board may consider, without limitation, the ease or difficulty of access to the nearest pharmacy and the availability of roadways.

      Sec. 7.  NRS 639.001 is hereby amended to read as follows:

      639.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 639.0015 to 639.016, inclusive, and sections 1.5 to 4, inclusive, of this act have the meanings ascribed to them in those sections.

 


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ê2009 Statutes of Nevada, Page 1320 (Chapter 306, AB 370)ê

 

      Sec. 8.  NRS 639.220 is hereby amended to read as follows:

      639.220  1.  Except as otherwise provided in NRS 639.2324, 639.2326 [and] , 639.2327 [,] and section 6 of this act, each pharmacy must be managed by a registered pharmacist, approved by the Board, who is responsible for compliance by the pharmacy and its personnel with all state and federal laws and regulations relating to the operation of the pharmacy and the practice of pharmacy.

      2.  Except as otherwise provided in NRS 639.2321, if the managing pharmacist is the only registered pharmacist employed in the pharmacy, the Board may authorize his absence each day for a total period of not to exceed 2 hours for the purpose of taking meals if:

      (a) A registered pharmacist is on call during his absence;

      (b) A sign, as prescribed by regulations of the Board, is posted for public view in the pharmacy indicating the absence of the pharmacist and the hours of his absence; and

      (c) All drugs, poisons, chemical and restricted devices are kept safe in a manner prescribed by regulations of the Board.

Ê The authorization required from the Board must be in writing and be retained in the pharmacy and available for inspection.

      3.  Except as otherwise provided in this subsection [:] and section 6 of this act:

      (a) A person shall not act as a managing pharmacist for more than one licensed pharmacy.

      (b) Each managing pharmacist shall be on duty in the pharmacy and active in the management of the pharmacy full-time, but he need not be present during the time the pharmacy is open for business if he designates another pharmacist employed in the pharmacy to assume his duties in his absence.

      (c) The managing pharmacist is responsible for the activities of his designee.

Ê A waiver from the limitation set forth in paragraph (a) may be granted by the Board to the managing pharmacist of a pharmacy located in a hospital with fewer than 100 beds or in a correctional institution housing fewer than 1,500 inmates.

      4.  The Board must be notified before there is a change in the managing pharmacist.

      Sec. 9.  NRS 639.284 is hereby amended to read as follows:

      639.284  [Any] Except as otherwise provided in section 6 of this act, any person who:

      1.  Being the licensed proprietor of a pharmacy, fails to place a registered pharmacist in charge of such pharmacy, or permits the compounding or dispensing of drugs or prescriptions, or the selling of drugs, poisons or devices, the sale of which is restricted by the provisions of this chapter, by any person other than a registered pharmacist or an intern pharmacist, is guilty of a misdemeanor.

      2.  Is not a registered pharmacist and who takes charge of or acts as manager of any pharmacy, compounds or dispenses any prescription, or sells any drug, poison or device, the sale of which is restricted by the provisions of this chapter, is guilty of a misdemeanor.

 


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ê2009 Statutes of Nevada, Page 1321 (Chapter 306, AB 370)ê

 

      Sec. 10.  The State Board of Pharmacy shall, on or before January 1, 2010, adopt any regulations which are required by or necessary to carry out the provisions of this act.

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

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CHAPTER 307, AB 401

Assembly Bill No. 401–Assemblyman Bobzien

 

CHAPTER 307

 

AN ACT relating to the Nevada System of Higher Education; extending the authority of the Board of Regents of the University of Nevada to issue bonds and other securities for certain projects; amending the names of certain colleges; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      The authority of the Board of Regents of the University of Nevada to issue revenue bonds for certain capital construction projects at the University of Nevada, Reno, and the University of Nevada, Las Vegas, will expire in 2009, 18 years after the measure was enacted. (Section 5 of Chapter 501, Statutes of Nevada 1991, as last amended by chapter 416, Statutes of Nevada 2007, p. 1903) Section 1 of this bill extends the authorization for an additional 20 years.

      Sections 2 and 3 of this bill amend applicable sections of the Statutes of Nevada to reflect the name changes of Western Nevada College, previously Western Nevada Community College, and the College of Southern Nevada, previously the Community College of Southern Nevada. (Sections 4 and 5 of Chapter 297, Statutes of Nevada 2005, as last amended by chapter 416, Statutes of Nevada 2007, p. 1904)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Section 5 of chapter 510, Statutes of Nevada 1991, as last amended by chapter 416, Statutes of Nevada 2007, at page 1903, is hereby amended to read as follow:

      Sec. 5.  1.  The board, on behalf and in the name of the university, is authorized by this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the project by the issuance of bonds and other securities of the university in a total principal amount not exceeding $312,695,000 for facilities at the University of Nevada, Reno, and in a total principal amount not exceeding $422,155,000 for facilities at the University of Nevada, Las Vegas, $35,000,000 of which may be used for the construction, other acquisition and improvement of a dental school and other structures and clinics associated with the dental school;

      (b) To issue such bonds and other securities in connection with the project in one series or more at any time or from time to time [within 18 years after the effective date of this act,] on or before January 1, 2029, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);

 


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ê2009 Statutes of Nevada, Page 1322 (Chapter 307, AB 401)ê

 

January 1, 2029, as the board may determine, and consisting of special obligations of the university payable from the net pledged revenues authorized by this act and possibly subsequently other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitation in paragraph (a);

      (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, proceeds of securities authorized by this act; and

      (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by this act, except as otherwise expressly provided in this act.

      2.  If the board determines to sell the bonds authorized by subsection 1 at a discount from their face amount, the principal amount of bonds which the board is authorized to issue provided in subsection 1 is increased by an amount equal to the discount at which the bonds are sold.

      3.  This act does not limit the board in funding, refunding or reissuing any securities of the university or the board at any time as provided in the University Securities Law.

      Sec. 2.  Section 4 of chapter 297, Statutes of Nevada 2005, as amended by chapter 416, Statutes of Nevada 2007, at page 1904, is hereby amended to read as follows:

      Sec. 4.  1.  “Project” means the construction, acquisition, rehabilitation or improvement, or any combination thereof, of:

      (a) Parking facilities at the [Community] College of Southern Nevada; and

      (b) A residence hall at Western Nevada [Community] College.

      2.  The term includes any land, equipment and furnishings required therefor, and other appurtenances relating thereto.

      Sec. 3.  Section 5 of chapter 297, Statutes of Nevada 2005, as amended by chapter 416, Statutes of Nevada 2007, at page 1904, is hereby amended to read as follows:

      Sec. 5.  1.  The Board, on behalf and in the name of the University, is authorized by sections 1 to 9, inclusive, of this act, as supplemented by the provisions of the University Securities Law:

      (a) To finance the project by the issuance of bonds and other securities of the University in a total principal amount not exceeding $45,000,000 for student service facilities , classrooms and parking at the [Community] College of Southern Nevada and in a total principal amount not exceeding $20,000,000 for a residence hall at Western Nevada [Community] College, except that if the Board sells any of the bonds or other securities at a discount, the total principal amount of the bonds and other securities the Board is authorized to issue increases by an amount equal to the amount of the discount at which the bonds or other securities are sold.

      (b) To issue the bonds and other securities in connection with the project in one series or more at any time or from time to time, but not later than 15 years after the effective date of this act, as the Board determines, and consisting of special obligations of the University payable from the net pledged revenues authorized by sections 1 to 9, inclusive, of this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).

 


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ê2009 Statutes of Nevada, Page 1323 (Chapter 307, AB 401)ê

 

inclusive, of this act and which may subsequently be payable from other net pledged revenues, secured by a pledge thereof and a lien thereon, subject to existing contractual limitations, and subject to the limitations in paragraph (a).

      (c) To employ legal, fiscal and other expert services and to defray the costs thereof with any money available therefor, including, without limitation, proceeds of securities authorized by sections 1 to 9, inclusive, of this act.

      (d) To exercise the incidental powers provided in the University Securities Law in connection with the powers authorized by sections 1 to 9, inclusive, of this act , except as otherwise expressly provided in those sections.

      2.  Sections 1 to 9, inclusive, of this act do not prevent the Board from funding, refunding or reissuing any securities of the University or the Board at any time as provided in the University Securities Law.

      Sec. 4.  This act becomes effective upon passage and approval.

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CHAPTER 308, AB 402

Assembly Bill No. 402–Assemblymen Bobzien and Leslie

 

Joint Sponsor: Senator Parks

 

CHAPTER 308

 

AN ACT relating to public utilities; requiring the Public Utilities Commission of Nevada to determine the parties to a public hearing concerning a resource plan of a public utility; and providing other matters properly relating thereto.

 

[Approved: May 28, 2009]

 

Legislative Counsel’s Digest:

      This bill requires the Public Utilities Commission of Nevada to determine the parties to a public hearing on the adequacy of a plan to increase supply or decrease demands filed by a public utility and allows a person or governmental entity to petition to intervene as a party in the hearing. This bill also authorizes the Commission to limit or prohibit continued participation of an intervener in certain circumstances. (NRS 704.746)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.746 is hereby amended to read as follows:

      704.746  1.  After a utility has filed its plan pursuant to NRS 704.741, the Commission shall convene a public hearing on the adequacy of the plan.

      2.  The Commission shall determine the parties to the public hearing on the adequacy of the plan. A person or governmental entity may petition the Commission for leave to intervene as a party. The Commission must grant a petition to intervene as a party in the hearing if the person or entity has relevant material evidence to provide concerning the adequacy of the plan.

 


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ê2009 Statutes of Nevada, Page 1324 (Chapter 308, AB 402)ê

 

plan. The Commission may limit participation of an intervener in the hearing to avoid duplication and may prohibit continued participation in the hearing by an intervener if the Commission determines that continued participation will unduly broaden the issues, will not provide additional relevant material evidence or is not necessary to further the public interest.

      3.  In addition to any party to the [At the] hearing , any interested person may make comments to the Commission regarding the contents and adequacy of the plan.

      [3.] 4.  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.

      (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.

      [4.] 5.  The Commission may give preference to the measures and sources of supply set forth in paragraph (c) of subsection [3] 4 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.] 6.  The Commission shall:

      (a) Adopt regulations which determine the level of preference to be given to those measures and sources of supply; and

      (b) Consider the value to the public of using water efficiently when it is determining those preferences.

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