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ê2011 Statutes of Nevada, Page 383ê

 

CHAPTER 94, AB 215

Assembly Bill No. 215–Committee on Commerce and Labor

 

CHAPTER 94

 

[Approved: May 24, 2011]

 

AN ACT relating to utilities; authorizing certain public utilities that purchase natural gas for resale and electric utilities to request approval from the Public Utilities Commission of Nevada to make quarterly rate adjustments based on deferred accounting; requiring that written notices which are provided to customers of certain public utilities that purchase natural gas for resale and electric utilities contain information about the review of certain quarterly rate adjustments by the Commission; authorizing the Commission to allow public utilities that purchase natural gas for resale and electric utilities to apply for certain additional rate adjustments upon a showing of good cause; prohibiting public utilities which purchase natural gas for resale and electric utilities from applying for certain annual rate adjustments after receiving approval from the Commission to make quarterly rate adjustments based on deferred accounting; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes certain public utilities that purchase natural gas for resale and certain electric utilities to use deferred accounting to reflect changes in the cost of purchased natural gas, fuel or power. (NRS 704.185, 704.187) Section 5 of this bill authorizes a public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis based on the fluctuating price of natural gas to request approval to make quarterly adjustments to its deferred energy accounting adjustment. Section 5 also authorizes an electric utility that is required to make quarterly adjustments based on the fluctuating price of fuel or power to request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. Section 5 further requires a utility that receives approval to make any quarterly adjustments to provide its customers with written notice that includes information relating to when the adjustments will be reviewed by the Commission. Section 5 also authorizes the Commission to approve, upon a showing of good cause, certain additional quarterly adjustments for a public utility which purchases natural gas for resale and an electric utility which has received approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. Sections 6 and 7 of this bill provide that a public utility which purchases natural gas for resale or an electric utility which has received approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment is not eligible to apply for any additional adjustment to its deferred energy accounting adjustment in its annual deferred energy accounting adjustment application.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 703.320 is hereby amended to read as follows:

     703.320  Except as otherwise provided in subsections [8 and] 9 and 11 of NRS 704.110:

 


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     1.  In any matter pending before the Commission, if a hearing is required by a specific statute or is otherwise required by the Commission, the Commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The Commission shall by regulation specify:

     (a) The manner of giving notice in each type of proceeding; and

     (b) The persons entitled to notice in each type of proceeding.

     2.  The Commission shall not dispense with a hearing:

     (a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or

     (b) Except as otherwise provided in paragraph (f) of subsection 1 of NRS 704.100, in any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application pursuant to NRS 704.187.

     3.  In any other matter pending before the Commission, the Commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the Commission a request that the hearing be held. If such a request for a hearing is filed, the Commission shall give at least 10 days’ notice of the hearing.

     4.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

     Sec. 2.  NRS 704.062 is hereby amended to read as follows:

     704.062  “Application to make changes in any schedule” and “application” include, without limitation:

     1.  A general rate application;

     2.  An application to recover the [increased] cost of purchased fuel, purchased power, or natural gas purchased for resale; [and]

     3.  An annual deferred energy accounting adjustment application [.] ; and

     4.  An annual rate adjustment application.

     Sec. 3.  NRS 704.069 is hereby amended to read as follows:

     704.069  1.  Except as otherwise provided in subsections [8 and] 9 and 11 of NRS 704.110, the Commission shall conduct a consumer session to solicit comments from the public in any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which:

     (a) A public utility has filed a general rate application, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale, an annual deferred energy accounting adjustment application pursuant to NRS 704.187 or an annual rate adjustment application; and

     (b) The changes proposed in the application will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that will exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less.

     2.  In addition to the case-specific consumer sessions required by subsection 1, the Commission shall, during each calendar year, conduct at least one general consumer session in the county with the largest population in this State and at least one general consumer session in the county with the second largest population in this State. At each general consumer session, the Commission shall solicit comments from the public on issues concerning public utilities.

 


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public utilities. Not later than 60 days after each general consumer session, the Commission shall submit the record from the general consumer session to the Legislative Commission.

     Sec. 4.  NRS 704.100 is hereby amended to read as follows:

     704.100  1.  Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:

     (a) A public utility shall not make changes in any schedule, unless the public utility:

           (1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110; or

           (2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of paragraph (f).

     (b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utility’s recorded costs of natural gas purchased for resale.

     (c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS 704.187, adjust its rates on a quarterly basis pursuant to subsection [9] 10 of NRS 704.110.

     (d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.

     (e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.

     (f) Except as otherwise provided in paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue, as certified by the public utility, in an amount that does not exceed $2,500:

          (1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and

           (2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

     (g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that does not exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less, the Commission shall determine whether it should dispense with a hearing regarding the proposed change.

     (h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.

     2.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

 


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     Sec. 5.  NRS 704.110 is hereby amended to read as follows:

     704.110  Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:

     1.  If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumer’s Advocate shall be deemed a party of record.

     2.  Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.

     3.  If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:

     (a) An electric utility that primarily serves less densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2010, and at least once every 36 months thereafter.

     (b) An electric utility that primarily serves densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2011, and at least once every 36 months thereafter.

 


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     (c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

     (d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

Ê The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.

     4.  In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:

 


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     (a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

     (b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.

     5.  If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.

     6.  If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or [9,] 10, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions.

     7.  A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:

     (a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection [9;] 10; or

     (b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis [between annual rate adjustment applications] pursuant to subsection 8.

     8.  A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utility’s recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of a public utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas.

 


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therm of natural gas. If the balance of the public utility’s deferred account varies by less than 5 percent from the public utility’s annual recorded costs of natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per therm of natural gas.

     9.  If the Commission approves [such] a request [:] to make any rate adjustments on a quarterly basis pursuant to subsection 8:

     (a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment . [between annual rate adjustment applications.] A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

     (b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customer’s regular monthly bill:

           (1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and

           (2) Must include the following:

                (I) The total amount of the increase or decrease in the public utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

                (II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

                (III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission; [and]

                (IV) A statement that the transactions and recorded costs of natural gas which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and

                (V) Any other information required by the Commission.

     (c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

     (d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and [a review of] the transactions and recorded costs of natural gas included in each quarterly [rate adjustment] filing and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

 


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     (e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.

     [9.] 10.  An electric utility shall adjust its rates on a quarterly basis based on changes in the [public] electric utility’s recorded costs of purchased fuel or purchased power . [in the following manner:] In addition to adjusting its rates on a quarterly basis, an electric utility may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity. If the balance of the electric utility’s deferred account varies by less than 5 percent from the electric utility’s annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.

     11.  A quarterly rate adjustment filed pursuant to subsection 10 is subject to the following requirements:

     (a) [An] The electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy accounting adjustment must be made pursuant to an order issued by the Commission approving the application of an electric utility to make quarterly adjustments to its deferred energy accounting adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

     (b) [Each] The electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill. The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customer’s regular monthly bill:

           (1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and

           (2) Must include the following:

                (I) The total amount of the increase or decrease in the electric utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

 


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                (II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

                (III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission; [and]

                (IV) A statement that the transactions and recorded costs of purchased fuel or purchased power which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual deferred energy accounting adjustment application pursuant to paragraph (d); and

                (V) Any other information required by the Commission.

     (c) [An] The electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

     (d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and [a review of] the transactions and recorded costs of purchased fuel and purchased power included in each quarterly [rate adjustment] filing and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.

     (e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.

     [10.] 12.  If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection [9] 11 and NRS 704.187 while a general rate application is pending, the electric utility shall:

     (a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and

     (b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

     [11.] 13.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.

     [12.] 14.  In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:

 


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     (a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:

           (1) Until a date determined by the Commission; and

           (2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and

     (b) Authorize a utility to implement a reduced rate for low-income residential customers.

     [13.] 15.  The Commission may, upon request and for good cause shown, permit a public utility which purchases natural gas for resale or an electric utility to make a quarterly adjustment to its deferred energy accounting adjustment in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.

     16.  A public utility which purchases natural gas for resale or an electric utility that makes quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment. The Commission may approve an application submitted pursuant to this subsection if the Commission finds that approval of the application is in the public interest.

     17.  As used in this section:

     (a) “Deferred energy accounting adjustment” means the rate of a public utility which purchases natural gas for resale or an electric utility that is calculated by dividing the balance of a deferred account during a specified period by the total therms or kilowatt-hours which have been sold in the geographical area to which the rate applies during the specified period.

     (b) “Electric utility” has the meaning ascribed to it in NRS 704.187.

     [(b)] (c) “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

     [(c)] (d) “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.

     Sec. 6.  NRS 704.185 is hereby amended to read as follows:

     704.185  1.  Except as otherwise provided in subsection 8 of NRS 704.110, a public utility which purchases natural gas for resale may record upon its books and records in deferred accounts all cost increases or decreases in the natural gas purchased for resale. Any public utility which uses deferred accounting to reflect changes in costs of natural gas purchased for resale shall include in its annual report to the Commission a statement showing the allocated rate of return for each of its operating departments in Nevada which uses deferred accounting.

 


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     2.  [If the rate of return for any department using deferred accounting pursuant to subsection 1 is greater than the rate of return allowed by the Commission in the last rate proceeding, the Commission shall order the utility which recovered any costs of natural gas purchased for resale through rates during the reported period to transfer to the next energy adjustment period that portion of such recovered amounts which exceeds the authorized rate of return.

     3.]  A public utility which purchases natural gas for resale may request approval from the Commission to record upon its books and records in deferred accounts any other cost or revenue which the Commission deems appropriate for deferred accounting and which is not otherwise subject to the provisions of [subsections] subsection 1 . [and 2.] If the Commission approves such a request, the Commission shall determine the appropriate requirements for reporting and recovery that the public utility must follow with regard to each such deferred account.

     [4.] 3.  When a public utility which purchases natural gas for resale files an annual rate adjustment application or an annual deferred energy accounting adjustment application , [to clear its deferred accounts,] the proceeding regarding the application must include a review of the transactions and recorded costs of natural gas included in the application. There is no presumption of reasonableness or prudence for any transactions or recorded costs of natural gas included in the application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

     4.  A public utility which purchases natural gas for resale and which has received approval from the Commission to make quarterly adjustments to a deferred energy accounting adjustment pursuant to subsection 8 of NRS 704.110 is not eligible to request an adjustment to its deferred energy accounting adjustment in its annual rate adjustment application.

     Sec. 7.  NRS 704.187 is hereby amended to read as follows:

     704.187  1.  An electric utility that purchases fuel or power shall use deferred accounting by recording upon its books and records in deferred accounts all increases and decreases in costs for purchased fuel and purchased power that are prudently incurred by the electric utility.

     2.  An electric utility using deferred accounting shall include in its annual report to the Commission a statement showing, for the period of recovery, the allocated rate of return for each of its operating departments in this State using deferred accounting. [If, during the period of recovery, the rate of return for any operating department using deferred accounting is greater than the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility, the Commission shall order the electric utility that recovered costs for purchased fuel or purchased power through its rates during the reported period to transfer to the next energy adjustment period that portion of the amount recovered by the electric utility that exceeds the authorized rate of return.]

     3.  Except as otherwise provided in this section, an electric utility using deferred accounting shall file an annual deferred energy accounting adjustment application on or before March 1, 2008, and on or before March 1 of each year thereafter.

     4.  An electric utility that purchases fuel or power and has received approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 10 of NRS 704.110 is not eligible to request an adjustment to its deferred energy accounting adjustment in its annual deferred energy accounting adjustment application.

 


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NRS 704.110 is not eligible to request an adjustment to its deferred energy accounting adjustment in its annual deferred energy accounting adjustment application.

     5.  As used in this section:

     (a) “Annual deferred energy accounting adjustment application” means an application filed by an electric utility pursuant to this section and subsection [9] 11 of NRS 704.110.

     (b) “Costs for purchased fuel and purchased power” means all costs which are prudently incurred by an electric utility and which are required to purchase fuel, to purchase capacity and to purchase energy. The term does not include any costs that the Commission determines are not recoverable pursuant to subsection [9] 11 of NRS 704.110.

     (c) “Electric utility” means any public utility or successor in interest that:

           (1) Is in the business of providing electric service to customers;

           (2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and

           (3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this State.

Ê The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

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

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ê2011 Statutes of Nevada, Page 395ê

 

CHAPTER 95, SB 31

Senate Bill No. 31–Committee on Revenue

 

CHAPTER 95

 

[Approved: May 24, 2011]

 

AN ACT relating to the administration of taxes; clarifying provisions governing the determination and certification of population for apportionment purposes and requiring additional projections of population; revising provisions governing joint and several liability of certain responsible persons for taxes and certain waivers of penalties and interest; extending the period for the Department of Taxation or a county to bring an action in a court of competent jurisdiction for summary judgment against a person owing a delinquent tax or deficiency determination; extending the period for the Department or a county to record a tax lien; extending the period for the Department or a county to issue a warrant for the enforcement of a lien and collect a delinquent tax; temporarily extending the deadline for submitting cooperative agreements altering the formula for the distribution of money from the Local Government Tax Distribution Account; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Department of Taxation to determine, and the Governor to certify, the annual population of each town, township, city and county in this State for purposes of the apportionment of taxes during the next fiscal year. (NRS 360.283, 360.285) Sections 2 and 3 of this bill clarify that this determination and certification is of the relevant population as of July 1 of the immediately preceding year. Section 1 of this bill additionally requires the Department to issue annual reports containing 5-year and 20-year projections of the population of each county.

       The provisions of title 32 of NRS require the Department of Taxation to collect certain taxes imposed on property of an interstate or intercounty nature, the net proceeds of minerals, financial institutions and other businesses, live entertainment, liquor, tobacco, controlled substances, estates and generation-skipping transfers, and various sales and use taxes. (Chapters 361, 362, 363A, 363B, 368A, 369, 370, 372, 372A, 374, 374A, 375A-377B of NRS) Existing law imposes joint and several liability upon certain responsible persons who fail to collect or pay to the Department some of these taxes or any pertinent fees. (NRS 360.297) Section 4 of this bill limits this liability to the willful failure to pay or collect an applicable tax or fee and applies this liability to all of the taxes and fees required to be paid to the Department under title 32 of NRS.

       Under existing law, the Department of Taxation is authorized to waive or reduce the interest and penalties imposed on a person whose failure to timely file a return or pay certain taxes collected by the Department is the result of circumstances beyond the person’s control and occurred despite the exercise of ordinary care and without intent. (NRS 360.419) Section 5 of this bill extends that authority to all of the taxes and fees required to be paid to the Department under title 32 of NRS and to certain fees imposed on the lease of a passenger car by a short-term lessor.

 


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ê2011 Statutes of Nevada, Page 396 (Chapter 95, SB 31)ê

 

       If a person owes delinquent taxes or has a deficiency determination against him or her with respect to any tax administered by the Department of Taxation, existing law authorizes the Department to attempt collection of the tax or deficiency in certain ways. The Department may: (1) file an action in any court of competent jurisdiction for summary judgment for the amount due; (2) file a certificate in the office of any county recorder, at which time the amount due becomes a lien upon all real and personal property the person owns or acquires in the county before the lien expires or is discharged; and (3) issue a warrant for the enforcement of a lien and for the collection of any delinquent tax or fee. (NRS 360.420, 360.473, 360.483) Existing law also allows a county to take such actions when any tax is delinquent on a transfer of real property in the county. (NRS 375.160, 375.170, 375.200) Such actions must occur within 3 years after the date the tax, fee or deficiency determination was due. Existing law allows the State Controller to take certain actions with respect to unpaid debts to the State within 4 years after the debt becomes due. (NRS 353C.140, 353C.150) Sections 6-8 and 10-12 of this bill similarly extend the time by which the Department or county may take action to collect delinquent taxes, fees or deficiencies to within 4 years after payment was due.

       Existing law requires the deposit of certain proceeds from liquor taxes, cigarette taxes, real property transfer taxes, city-county relief taxes and governmental services taxes into the Local Government Tax Distribution Account. (NRS 369.173, 370.260, 375.070, 377.055, 377.057, 482.181) Under existing law, the Executive Director of the Department of Taxation is required to allocate the money in the Account each fiscal year to local governments, special districts and enterprise districts in accordance with a mathematical formula, except that a county clerk may, not later than December 31 of the immediately preceding year, submit to the Executive Director a local cooperative agreement which provides for the allocation of that money under an alternative formula that commences the next fiscal year. (NRS 360.680, 360.690, 360.730) Section 9 of this bill extends until May 31, 2011, the deadline for submitting such a cooperative agreement for an alternative formula that would commence with the fiscal year beginning on July 1, 2011.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Department shall:

     (a) On or before March 1 of each calendar year, issue an annual report of the projected population of each county in this State as of July 1 of that year and the next succeeding 4 years; and

     (b) On or before October 1 of each calendar year, issue an annual report of the projected population, as classified by age, sex, race and Hispanic origin, of each county in this State as of July 1 of that year and the next succeeding 19 years.

     2.  The Department shall post the annual reports required by subsection 1 on an Internet website maintained by the Department and, if the demographer employed pursuant to NRS 360.283 maintains a separate Internet website, require the demographer to post the annual reports required by subsection 1 on an Internet website maintained by the demographer.

 


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ê2011 Statutes of Nevada, Page 397 (Chapter 95, SB 31)ê

 

     Sec. 2.  NRS 360.283 is hereby amended to read as follows:

     360.283  1.  The Department shall adopt regulations to establish a method of determining annually the population of each town, township, city and county in this State and estimate the population of each town, township, city and county pursuant to those regulations.

     2.  The Department shall , on or after July 1 of each year, issue an annual report of the estimated population of each town, township, city and county in this State [.] as of July 1 of that year.

     3.  Any town, city or county in this State may petition the Department to revise the estimated population of that town, city or county. No such petition may be filed on behalf of a township. The Department shall by regulation establish a procedure to review each petition and to appeal the decision on review.

     4.  The Department shall, upon the completion of any review and appeal thereon pursuant to subsection 3, determine the population of each town, township, city and county in this State, and submit its determination to the Governor.

     5.  The Department shall employ a demographer to assist in the determination of population pursuant to this section and the projection of population pursuant to section 1 of this act, and to cooperate with the Federal Government in the conduct of each decennial census as it relates to this State.

     Sec. 3.  NRS 360.285 is hereby amended to read as follows:

     360.285  1.  For the purposes of this title, the Governor shall, on or before March 1 of each year, certify the population of each town, township, city and county in this state as of the immediately preceding July 1 from the determination submitted to the Governor by the Department [.] pursuant to subsection 4 of NRS 360.283.

     2.  Where any tax is collected by the Department for apportionment in whole or in part to any political subdivision and the basis of the apportionment is the population of the political subdivision, the Department shall use the populations certified by the Governor. The transition from one such certification to the next must be made on July 1 following the certification for use in the fiscal year beginning then. Every payment before that date must be based upon the earlier certification and every payment on or after that date must be based upon the later certification.

     Sec. 4.  NRS 360.297 is hereby amended to read as follows:

     360.297  1.  A responsible person who willfully fails to collect or pay to the Department any tax or fee [imposed by this chapter, chapter 363A, 363B, 368A, 369, 370, 372 or 374 of NRS,] required to be paid to the Department pursuant to this title, NRS 444A.090 or 482.313, or chapter 680B of NRS, or who attempts to evade the payment of any such tax or fee, is jointly and severally liable with any other person who is required to pay such a tax or fee for the tax or fee owed plus interest and all applicable penalties. The responsible person shall pay the tax or fee upon notice from the Department that it is due.

     2.  As used in this section, “responsible person” includes:

     (a) An officer or employee of a corporation; and

     (b) A member or employee of a partnership or limited-liability company,

 


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ê2011 Statutes of Nevada, Page 398 (Chapter 95, SB 31)ê

 

Ê whose job or duty it is to collect, account for or pay to the Department any tax or fee [imposed by this chapter, chapter 363A, 363B, 368A, 369, 370, 372 or 374 of NRS,] required to be paid to the Department pursuant to this title, NRS 444A.090 or 482.313, or chapter 680B of NRS.

     Sec. 5.  NRS 360.419 is hereby amended to read as follows:

     360.419  1.  If the Executive Director or a designated hearing officer finds that the failure of a person to make a timely return or payment of [a tax imposed pursuant to NRS 361.320 or chapter 361A, 362, 363A, 363B, 369, 370, 372, 372A, 374, 375A, 375B, 376A, 377 or 377A of NRS,] any tax or fee required to be paid to the Department pursuant to this title or NRS 482.313 is the result of circumstances beyond his or her control and occurred despite the exercise of ordinary care and without intent, the Department may relieve the person of all or part of any interest or penalty, or both.

     2.  A person seeking relief must file with the Department a statement under oath setting forth the facts upon which the person bases his or her claim.

     3.  The Department shall disclose, upon the request of any person:

     (a) The name of the person to whom relief was granted; and

     (b) The amount of the relief.

     4.  The Executive Director or a designated hearing officer shall act upon the request of a taxpayer seeking relief pursuant to NRS 361.4835 which is deferred by a county treasurer or county assessor.

     Sec. 6.  NRS 360.420 is hereby amended to read as follows:

     360.420  1.  If, with respect to any tax or fee administered by the Department, a person:

     (a) Fails to pay the tax or fee when due according to his or her own return filed with the Department;

     (b) Fails to pay a deficiency determination when due; or

     (c) Defaults on a payment pursuant to a written agreement with the Department,

Ê the Department may, within [3] 4 years after the amount is due, file in the office of the clerk of any court of competent jurisdiction an application for the entry of a summary judgment for the amount due.

     2.  The application must be accompanied by a certificate specifying:

     (a) The amount required to be paid, including any interest and penalties due;

     (b) The name and address of the person liable for the payment, as they appear on the records of the Department;

     (c) The basis for the determination of the Department of the amount due; and

     (d) That the Department has complied with the applicable provisions of law in relation to the determination of the amount required to be paid.

     3.  The application must include a request that judgment be entered against the person in the amount required to be paid, including any interest and penalties due, as set forth in the certificate.

     Sec. 7.  NRS 360.473 is hereby amended to read as follows:

     360.473  1.  If any tax or fee administered by the Department is not paid when due, the Department may, within [3] 4 years after the date that the tax or fee was due, file for record a certificate in the office of any county recorder which states:

 


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ê2011 Statutes of Nevada, Page 399 (Chapter 95, SB 31)ê

 

     (a) The amount of the tax or fee and any interest or penalties due;

     (b) The name and address of the person who is liable for the amount due as they appear on the records of the Department; and

     (c) That the Department has complied with all procedures required by law for determining the amount due.

     2.  From the time of the filing of the certificate, the amount due, including interest and penalties, constitutes a lien upon all real and personal property in the county owned by the person or acquired by the person afterwards and before the lien expires. The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the filing of the certificate unless sooner released or otherwise discharged.

     3.  Within 5 years after the date of the filing of the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by filing for record a new certificate in the office of the county recorder of any county. From the time of filing, the lien is extended to all real and personal property in the county owned by the person or acquired by the person afterwards for 5 years, unless sooner released or otherwise discharged.

     Sec. 8.  NRS 360.483 is hereby amended to read as follows:

     360.483  1.  The Department or its authorized representative may issue a warrant for the enforcement of a lien and for the collection of any delinquent tax or fee which is administered by the Department:

     (a) Within [3] 4 years after the person is delinquent in the payment of the tax or fee; or

     (b) Within 5 years after the last recording of an abstract of judgment or of a certificate constituting a lien for the tax or fee.

     2.  The warrant must be directed to a sheriff or constable and has the same effect as a writ of execution.

     3.  The warrant must be levied and sale made pursuant to the warrant in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.

     Sec. 9.  NRS 360.730 is hereby amended to read as follows:

     360.730  1.  The governing bodies of two or more local governments or special districts, or any combination thereof, may, pursuant to the provisions of NRS 277.045, enter into a cooperative agreement that sets forth an alternative formula for the distribution of the taxes included in the Account to the local governments or special districts which are parties to the agreement. The governing bodies of each local government or special district that is a party to the agreement must approve the alternative formula by majority vote.

     2.  The county clerk of a county in which a local government or special district that is a party to a cooperative agreement pursuant to subsection 1 is located shall transmit a copy of the cooperative agreement to the Executive Director:

     (a) Within 10 days after the agreement is approved by each of the governing bodies of the local governments or special districts that are parties to the agreement; and

     (b) Not later than [December 31 of the year] May 31 immediately preceding the initial year of distribution that will be governed by the cooperative agreement.

 


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ê2011 Statutes of Nevada, Page 400 (Chapter 95, SB 31)ê

 

     3.  The governing bodies of two or more local governments or special districts shall not enter into more than one cooperative agreement pursuant to subsection 1 that involves the same local governments or special districts.

     4.  If at least two cooperative agreements exist among the local governments and special districts that are located in the same county, the Executive Director shall ensure that the terms of those cooperative agreements do not conflict.

     5.  Any local government or special district that is not a party to a cooperative agreement pursuant to subsection 1 must continue to receive money from the Account pursuant to the provisions of NRS 360.680 and 360.690.

     6.  The governing bodies of the local governments and special districts that have entered into a cooperative agreement pursuant to subsection 1 may, by majority vote, amend the terms of the agreement. The governing bodies shall not amend the terms of a cooperative agreement more than once during the first 2 years after the cooperative agreement is effective and once every year thereafter, unless the Committee on Local Government Finance approves the amendment. The provisions of this subsection do not apply to any interlocal agreements for the consolidation of governmental services entered into by local governments or special districts pursuant to the provisions of NRS 277.080 to 277.180, inclusive, that do not relate to the distribution of taxes included in the Account.

     7.  A cooperative agreement executed pursuant to this section may not be terminated unless the governing body of each local government or special district that is a party to a cooperative agreement pursuant to subsection 1 agrees to terminate the agreement.

     8.  For each fiscal year the cooperative agreement is in effect, the Executive Director shall continue to calculate the amount each local government or special district that is a party to a cooperative agreement pursuant to subsection 1 would receive pursuant to the provisions of NRS 360.680 and 360.690.

     9.  If the governing bodies of the local governments or special districts that are parties to a cooperative agreement terminate the agreement pursuant to subsection 7, the Executive Director must distribute to those local governments or special districts an amount equal to the amount the local government or special district would have received pursuant to the provisions of NRS 360.680 and 360.690 according to the calculations performed pursuant to subsection 8.

     Sec. 10.  NRS 375.160 is hereby amended to read as follows:

     375.160  1.  If any tax imposed pursuant to this chapter is not paid when due, the county may, within [3] 4 years after the date that the tax was due, record a certificate in the office of the county recorder which states:

     (a) The amount of the tax and any interest or penalties due;

     (b) The name and address of the person who is liable for the amount due as they appear on the records of the county; and

     (c) That the county recorder has complied with all procedures required by law for determining the amount due.

 


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ê2011 Statutes of Nevada, Page 401 (Chapter 95, SB 31)ê

 

     2.  From the time of the recording of the certificate, the amount due, including interest and penalties, constitutes:

     (a) A lien upon the real property for which the tax was due if the person who owes the tax still owns the property; or

     (b) A demand for payment if the property has been sold or otherwise transferred to another person.

     3.  The lien has the effect and priority of a judgment lien and continues for 5 years after the time of the recording of the certificate unless sooner released or otherwise discharged.

     4.  Within 5 years after the date of recording the certificate or within 5 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a new certificate in the office of the county recorder. From the time of recording the new certificate, the lien is extended for 5 years, unless sooner released or otherwise discharged.

     Sec. 11.  NRS 375.170 is hereby amended to read as follows:

     375.170  1.  If a person is delinquent in the payment of any tax imposed by this chapter or has not paid the amount of a deficiency determination, the county may bring an action in a court of this state, a court of any other state or a court of the United States that has competent jurisdiction to collect the delinquent or deficient amount, penalties and interest. The action:

     (a) May not be brought if the decision that the payment is delinquent or that there is a deficiency determination is on appeal to a hearing officer pursuant to NRS 375.320.

     (b) Must be brought not later than [3] 4 years after the payment became delinquent or the determination became final.

     2.  The district attorney shall prosecute the action. The provisions of the Nevada Revised Statutes, Nevada Rules of Civil Procedure and Nevada Rules of Appellate Procedure relating to service of summons, pleadings, proofs, trials and appeals are applicable to the proceedings. In the action, a writ of attachment may issue. A bond or affidavit is not required before an attachment may be issued.

     3.  In an action, a certificate by the county recorder showing the delinquency is prima facie evidence of:

     (a) The determination of the tax or the amount of the tax;

     (b) The delinquency of the amounts; and

     (c) The compliance by the county recorder with all the procedures required by law relating to the computation and determination of the amounts.

     Sec. 12.  NRS 375.200 is hereby amended to read as follows:

     375.200  1.  The county or its authorized representative may issue a warrant for the enforcement of a lien and for the collection of any delinquent tax that is administered pursuant to this chapter:

     (a) Within [3] 4 years after the person is delinquent in the payment of the tax; or

     (b) Within 5 years after the last recording of a certificate copy constituting a lien for the tax.

 


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ê2011 Statutes of Nevada, Page 402 (Chapter 95, SB 31)ê

 

     2.  The warrant must be directed to a sheriff or constable and has the same effect as a writ of execution.

     3.  The warrant must be levied and sale made pursuant to the warrant in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.

     Sec. 13.  NRS 4.065 is hereby amended to read as follows:

     4.065  1.  The justice of the peace shall, on the commencement of any action or proceeding in the justice court for which a fee is required, and on the answer or appearance of any defendant in any such action or proceeding for which a fee is required, charge and collect a fee of $1 from the party commencing, answering or appearing in the action or proceeding. These fees are in addition to any other fee required by law.

     2.  On or before the first Monday of each month, the justice of the peace shall pay over to the county treasurer the amount of all fees collected by the justice of the peace pursuant to subsection 1 for credit to the State General Fund. Quarterly, the county treasurer shall remit all money so collected to the State Controller, who shall place the money in an account in the State General Fund for use by the Executive Director of the Department of Taxation to administer the provisions of NRS 360.283 [.] and section 1 of this act.

     Sec. 14.  1.  This section becomes effective upon passage and approval.

     2.  Section 9 of this act becomes effective upon passage and approval and expires by limitation on June 30, 2011.

     3.  Sections 1 to 8, inclusive, and 10 to 13, inclusive, of this act become effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 403ê

 

CHAPTER 96, SB 51

Senate Bill No. 51–Committee on Transportation

 

CHAPTER 96

 

[Approved: May 24, 2011]

 

AN ACT relating to motor vehicles; revising provisions relating to the reporting of certain convictions for the violation of certain traffic laws; revising the penalties imposed for operating a commercial motor vehicle under certain circumstances; providing for the imposition of a civil penalty against the employer of a person who operates a commercial motor vehicle under certain circumstances; deleting a provision concerning driver’s licenses surrendered to a court under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing state law prohibits a person from driving a commercial motor vehicle on the highways of this State at any time while the person is subject to an out-of-service order. (NRS 483.924) Section 4 of this bill expands the definition of the term “out-of-service order” to include both a temporary prohibition against a person operating a commercial motor vehicle, as described in 49 C.F.R. § 395.13, and a temporary prohibition against a commercial motor vehicle being operated, as described in 49 C.F.R. § 396.9(c). Section 1 of this bill, with respect to drivers who are declared out-of-service pursuant to 49 C.F.R. § 395.13 and are convicted of violating such a declaration, requires the Department of Motor Vehicles to suspend the privilege of the person to drive a commercial motor vehicle for the period specified in 49 C.F.R. § 383.51(e) and to impose a civil penalty against the person in the amount specified by 49 C.F.R. § 383.53(b)(1). Section 1 also requires the Department to impose a civil penalty in the amount specified in 49 C.F.R. § 383.53(b)(2) against the employer of a driver of a commercial motor vehicle if the employer is convicted of knowingly allowing, requiring, permitting or authorizing the person to operate a commercial motor vehicle during any period in which the person or the commercial motor vehicle is subject to an out-of-service order.

       Under existing state law, courts having jurisdiction over violations of certain licensing laws or other laws regulating the operation of motor vehicles on highways are required to forward to the Department of Motor Vehicles a record of the conviction of a person for violating such laws. The record must be forwarded to the Department within 20 days after the conviction. (NRS 483.450) Under existing federal law, in the context of a person who holds a commercial driver’s license or is operating a commercial motor vehicle, the licensing entity of the state in which the person is convicted of violating a law relating to motor vehicle traffic control must provide notice of the conviction to the licensing entity of the state in which the person is licensed. The notification must be made within 10 days after the conviction. (49 C.F.R. § 384.209) Section 2 of this bill: (1) reduces from 20 days to 5 days the period within which a court must forward to the Department a record of conviction; and (2) requires the Department, if the conviction is of a person holding a commercial driver’s license, to provide notice of the conviction to the Commercial Driver’s License Information System within 5 days after the date on which the Department received the record of conviction from the court. Section 2 thus allows the Department to comply with the 10-day reporting period imposed pursuant to federal regulation. Section 2 also deletes a provision of existing law pursuant to which a court that requires the surrender of the driver’s licenses of a person convicted of certain traffic offenses may forward those licenses to the Department together with the record of the person’s conviction.

 


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ê2011 Statutes of Nevada, Page 404 (Chapter 96, SB 51)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  If the Department receives notice that a person who holds a commercial driver’s license has been convicted of driving a commercial motor vehicle in violation of an out-of-service declaration, as described in 49 C.F.R. § 395.13, the Department shall:

     (a) Suspend the privilege of the person to operate a commercial motor vehicle for the period set forth in 49 C.F.R. § 383.51(e); and

     (b) In addition to any other applicable fees and penalties that must be paid to reinstate the commercial driver’s license after suspension, impose against the person a civil penalty in the amount set forth in 49 C.F.R. § 383.53(b)(1).

     2.  If the Department receives notice that the employer of a person who holds a commercial driver’s license has been convicted of a violation of 49 C.F.R. § 383.37(c) for knowingly allowing, requiring, permitting or authorizing the person to operate a commercial motor vehicle during any period in which the person or the commercial motor vehicle is subject to an out-of-service order, the Department shall impose against the employer a civil penalty in the amount set forth in 49 C.F.R. § 383.53(b)(2).

     3.  All money collected by the Department pursuant to paragraph (b) of subsection 1 or subsection 2 must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

     4.  The Department shall adopt regulations to carry out the provisions of this section.

     Sec. 2.  NRS 483.450 is hereby amended to read as follows:

     483.450  1.  [Whenever any person is convicted of any offense for which the provisions of NRS 483.010 to 483.630, inclusive, make mandatory the revocation of his or her driver’s license by the Department, the court in which the person is convicted may require the surrender to it of all driver’s licenses then held by the person convicted, and the court may, within 20 days after the conviction, forward these licenses, together with a record of the conviction, to the Department.

     2.]  A record of conviction must be made in a manner approved by the Department. The court shall provide sufficient information to allow the Department to include accurately the information regarding the conviction in the driver’s record.

     [3.] 2.  The Department shall adopt regulations prescribing the information necessary to record the conviction in the driver’s record.

     [4.] 3.  Every court, including a juvenile court, having jurisdiction over violations of the provisions of NRS 483.010 to 483.630, inclusive, or any other law of this State or municipal ordinance regulating the operation of motor vehicles on highways, shall forward to the Department:

     (a) If the court is other than a juvenile court, a record of the conviction of any person in that court for a violation of any such laws other than regulations governing standing or parking; or

 


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ê2011 Statutes of Nevada, Page 405 (Chapter 96, SB 51)ê

 

     (b) If the court is a juvenile court, a record of any finding that a child has violated a traffic law or ordinance other than one governing standing or parking,

Ê within [20] 5 days after the conviction or finding, and may recommend the suspension of the driver’s license of the person convicted or child found in violation of a traffic law or ordinance.

     [5.] 4.  If a record forwarded to the Department pursuant to subsection 3 is a record of the conviction of a person who holds a commercial driver’s license, the Department shall, within 5 days after the date on which it receives such a record, transmit notice of the conviction to the Commercial Driver’s License Information System.

     5.  For the purposes of NRS 483.010 to 483.630, inclusive:

     (a) “Conviction” has the meaning prescribed by regulation pursuant to NRS 481.052.

     (b) A forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, if the forfeiture has not been vacated, is equivalent to a conviction.

     6.  The necessary expenses of mailing [licenses and] records of conviction to the Department as required by [subsections 1 and 4] this section must be paid by the court charged with the duty of forwarding those [licenses and] records of conviction.

     7.  As used in this section, “Commercial Driver’s License Information System” has the meaning ascribed to it in NRS 483.904.

     Sec. 3.  NRS 483.902 is hereby amended to read as follows:

     483.902  The provisions of NRS 483.900 to 483.940, inclusive, and section 1 of this act apply only with respect to commercial drivers’ licenses.

     Sec. 4.  NRS 483.904 is hereby amended to read as follows:

     483.904  As used in NRS 483.900 to 483.940, inclusive, and section 1 of this act, unless the context otherwise requires:

     1.  “Commercial driver’s license” means a license issued to a person which authorizes the person to drive a class or type of commercial motor vehicle.

     2.  “Commercial Driver’s License Information System” means the information system maintained by the Secretary of Transportation pursuant to 49 U.S.C. § 31309 to serve as a clearinghouse for locating information relating to the licensing, identification and disqualification of operators of commercial motor vehicles.

     3.  “Out-of-service order” means a temporary prohibition against [driving] :

     (a) A person operating a commercial motor vehicle [.] as such a prohibition is described in 49 C.F.R. § 395.13; or

     (b) The operation of a commercial motor vehicle as such a prohibition is described in 49 C.F.R. § 396.9(c).

     Sec. 5.  NRS 483.924 is hereby amended to read as follows:

     483.924  A person shall not drive a commercial motor vehicle on the highways of this State:

     1.  Unless the person has been issued and has in his or her immediate possession a:

     (a) Commercial driver’s license with applicable endorsements valid for the vehicle the person is driving issued by this State or by any other jurisdiction in accordance with the minimum federal standards for the issuance of a commercial driver’s license; or

 


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ê2011 Statutes of Nevada, Page 406 (Chapter 96, SB 51)ê

 

     (b) Valid learner’s permit for the operation of a commercial motor vehicle and is accompanied by the holder of a commercial driver’s license valid for the vehicle being driven.

     2.  At any time while the person’s driving privilege is suspended, revoked or cancelled, or while subject to a disqualification [or] , including, without limitation, a disqualification for violating an out-of-service order [.] that is imposed pursuant to 49 C.F.R. § 383.51(e).

     Sec. 6.  1.  This section and sections 1, 3, 4 and 5 of this act become effective on October 1, 2011.

     2.  Section 2 of this act becomes effective on January 1, 2012.

________

CHAPTER 97, SB 7

Senate Bill No. 7–Senator Wiener

 

CHAPTER 97

 

[Approved: May 24, 2011]

 

AN ACT relating to administrative regulations; requiring an agency, if practicable, to make a proposed emergency regulation available to the public before the agency adopts the emergency regulation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes an agency to adopt an emergency regulation if the agency determines, and the Governor agrees, that an emergency exists. (NRS 233B.0613) This bill requires the agency, if practicable, to make a copy of the emergency regulation available to the public at least 1 working day before the agency files the emergency regulation with the Office of the Secretary of State. This bill also requires the agency, if practicable, to make a copy of the proposed emergency regulation available to the public at least 1 working day before the agency holds any hearing to adopt the emergency regulation. Specifically, the agency must provide a copy of the proposed emergency regulation to a member of the public upon request and, if the agency maintains a website, the agency must make a copy of the proposed emergency regulation available on its website. When so providing a copy of the proposed emergency regulation and making a copy of the proposed emergency regulation available, the agency must provide and make available the version of the proposed emergency regulation which will be considered at the hearing.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 233B.0613 is hereby amended to read as follows:

     233B.0613  1.  If an agency determines that an emergency exists, it shall submit to the Governor a written statement of the emergency which sets forth the reasons for the determination. If the Governor endorses the statement of the emergency by written endorsement at the end of the full text of the statement of emergency on the original copy of a proposed regulation, the regulation may be adopted and become effective immediately upon its being filed in the Office of the Secretary of State pursuant to subsection 3 of NRS 233B.070.

 


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ê2011 Statutes of Nevada, Page 407 (Chapter 97, SB 7)ê

 

NRS 233B.070. The statement of the emergency endorsed by the Governor must be included as a part of the regulation for all purposes.

     2.  If practicable, the agency shall, not later than 9 a.m. on the first working day before the date on which the emergency regulation is filed in the Office of the Secretary of State pursuant to subsection 3 of NRS 233B.070, make the emergency regulation available to the public by:

     (a) Providing a copy of the emergency regulation to a member of the public upon request; and

     (b) Making a copy of the emergency regulation available on its website on the Internet, if any.

     3.  If practicable, the agency shall, not later than 9 a.m. on the first working day before the date of any hearing at which the agency considers the emergency regulation, make the version of the proposed emergency regulation that will be considered at the hearing available to the public by:

     (a) Providing a copy of the proposed emergency regulation to a member of the public upon request; and

     (b) Making a copy of the proposed emergency regulation available on its website on the Internet, if any.

     4.  A regulation [so] adopted pursuant to this section may be effective for a period of not longer than 120 days. A regulation may be adopted by this emergency procedure only once.

     [2.] 5.  If an agency adopts, after providing notice and the opportunity for a hearing as required in this chapter, a permanent or temporary regulation which becomes effective and is substantially identical to its effective emergency regulation, the emergency regulation expires automatically on the effective date of the temporary or permanent regulation.

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ê2011 Statutes of Nevada, Page 408ê

 

CHAPTER 98, SB 27

Senate Bill No. 27–Senator Wiener

 

CHAPTER 98

 

[Approved: May 24, 2011]

 

AN ACT relating to child care facilities; requiring employees of certain child care facilities to complete training each year relating to the lifelong wellness, health and safety of children; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Board for Child Care to adopt licensing standards for child care facilities. (NRS 432A.077) The Board, by regulation, has adopted both initial and continuing training requirements for persons employed in child care facilities. Employees are initially required to complete at least 9 hours of training within 90 days after commencing employment in a child care facility and at least 6 hours of additional training within 12 months after commencing employment in a child care facility. After completion of the initial training requirements, employees are then required to complete at least 15 hours of training during each succeeding 12-month period. (NAC 432A.323, 432A.326) This bill requires persons employed in child care facilities to complete at least 15 hours of training each year, at least 2 hours of which must be devoted to the lifelong wellness, health and safety of children and must include training relating to childhood obesity, nutrition and physical activity.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 432A of NRS is hereby amended by adding thereto a new section to read as follows:

     Each person who is employed in a child care facility, other than in a facility that provides care for ill children, shall complete at least 15 hours of training each year. At least 2 hours of such training must be devoted to the lifelong wellness, health and safety of children and must include training relating to childhood obesity, nutrition and physical activity.

     Sec. 2.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 409ê

 

CHAPTER 99, SB 44

Senate Bill No. 44–Committee on Health and Human Services

 

CHAPTER 99

 

[Approved: May 24, 2011]

 

AN ACT relating to mental health; requiring the Division of Mental Health and Developmental Services of the Department of Health and Human Services to adopt regulations defining eligibility for services; revising the term used to refer to persons who receive services from the Division; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Division of Mental Health and Developmental Services of the Department of Health and Human Services provides mental health services to any person who seeks, on the person’s own or another’s initiative, and can benefit from, such services. (Title 39 of NRS) Section 1 of this bill requires the Division to adopt regulations: (1) that define when a consumer may receive services from the Division; and (2) that establish policies and procedures for the referral of a consumer to another organization or resource when the Division cannot provide the services that the consumer needs.

       Existing law uses “client” as a defined term to refer to a person who seeks, on the person’s own or another’s initiative, and can benefit from, services offered by the Division. Sections 2-75 of this bill replace the term “client” in certain existing statutes with the term “consumer” to reflect currently acceptable nomenclature within the field of mental health. Section 76 of this bill requires the Legislative Counsel to make corresponding changes to existing regulations.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

     The Division shall adopt regulations:

     1.  To define the term “consumer” for the purposes of this title.

     2.  To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to this title, including, but not limited to, care, treatment, treatment to competency and training. Regulations adopted pursuant to this subsection must specify that a consumer is eligible to receive services only if the consumer:

     (a) Has a documented diagnosis of a mental disorder based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and

     (b) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.

     3.  To specify the circumstances under which the provisions of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.

 


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ê2011 Statutes of Nevada, Page 410 (Chapter 99, SB 44)ê

 

     4.  To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.

     Sec. 2.  NRS 433.003 is hereby amended to read as follows:

     433.003  The Legislature hereby declares that it is the intent of this title:

     1.  To eliminate the forfeiture of any civil and legal rights of any person and the imposition of any legal disability on any person, based on an allegation of mental illness or mental retardation or a related condition, by any method other than a separate judicial proceeding resulting in a determination of incompetency, wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated; and

     2.  To charge the Division of Mental and Developmental Services, and the Division of Child and Family Services, of the Department with recognizing their duty to act in the best interests of their respective [clients] consumers by placing them in the least restrictive environment.

     Sec. 3.  NRS 433.094 is hereby amended to read as follows:

     433.094  “Division facility” means any unit or subunit operated by the Division for the care, treatment and training of [clients.] consumers.

     Sec. 4.  NRS 433.264 is hereby amended to read as follows:

     433.264  1.  Physicians shall be employed within the various division facilities as are necessary for the operation of the facilities. They shall hold degrees of doctor of medicine from accredited medical schools and they shall be licensed to practice medicine in Nevada as provided by law.

     2.  Except as otherwise provided by law, their only compensation shall be annual salaries, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.

     3.  The physicians shall perform such duties pertaining to the care and treatment of [clients] consumers as may be required.

     Sec. 5.  NRS 433.279 is hereby amended to read as follows:

     433.279  1.  The Division shall carry out a vocational and educational program for the certification of mental health-mental retardation technicians, including forensic technicians:

     (a) Employed by the Division, or other employees of the Division who perform similar duties, but are classified differently.

     (b) Employed by the Division of Child and Family Services of the Department.

Ê The program must be carried out in cooperation with the Nevada System of Higher Education.

     2.  A mental health-mental retardation technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize a mental health-mental retardation technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

     3.  The Division shall adopt regulations to carry out the provisions of this section.

     4.  As used in this section, “mental health-mental retardation technician” means an employee of the Division of Mental Health and Developmental Services or the Division of Child and Family Services who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with mental illness or mental retardation, persons who are emotionally disturbed and persons with related conditions, and who has direct responsibility for:

 


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ê2011 Statutes of Nevada, Page 411 (Chapter 99, SB 44)ê

 

compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with mental illness or mental retardation, persons who are emotionally disturbed and persons with related conditions, and who has direct responsibility for:

     (a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable [clients] consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or

     (b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of [clients,] consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the [clients.] consumers.

     Sec. 6.  NRS 433.331 is hereby amended to read as follows:

     433.331  The Division shall adopt regulations to:

     1.  Provide for a more detailed definition of abuse of a [client] consumer of the Division, consistent with the general definition given in NRS 433.554;

     2.  Provide for a more detailed definition of neglect of a [client] consumer of the Division, consistent with the general definition given in NRS 433.554; and

     3.  Establish policies and procedures for reporting the abuse or neglect of a [client] consumer of the Division.

     Sec. 7.  NRS 433.334 is hereby amended to read as follows:

     433.334  The Division may, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for inpatient care of [clients] consumers with mental illness or mental retardation and [clients] consumers with related conditions.

     Sec. 8.  NRS 433.404 is hereby amended to read as follows:

     433.404  1.  The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the provisions of chapters 433 to 436, inclusive, of NRS. The schedule must be submitted to the Commission and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 433.354 for fees collected pursuant to contract or agreement and in NRS 435.120 for fees collected for services to [clients] consumers with mental retardation and related conditions.

     2.  For a facility providing services for the treatment of persons with mental illness or mental retardation and persons with related conditions, the fee established must approximate the cost of providing the service, but if a [client] consumer is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the [client] consumer is able to pay.

     Sec. 9.  NRS 433.431 is hereby amended to read as follows:

     433.431  As used in NRS 433.431 to 433.454, inclusive, unless the context otherwise requires [:

     1.  “Client” means any person who seeks, on the person’s own or another’s initiative, and can benefit from, care, treatment, treatment to competency or training in a division facility.

 


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ê2011 Statutes of Nevada, Page 412 (Chapter 99, SB 44)ê

 

     2.  “Division] , “division facility” means any unit or subunit operated by:

     [(a)] 1.  The Division of Mental Health and Developmental Services of the Department for the care, treatment and training of [clients;] consumers; or

     [(b)] 2.  The Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.

     Sec. 10.  NRS 433.444 is hereby amended to read as follows:

     433.444  1.  For the purpose of facilitating the return of nonresident [clients] consumers to the state in which they have legal residence, the Administrator may enter into reciprocal agreements, consistent with the provisions of this title, with the proper boards, commissioners or officers of other states for the mutual exchange of [clients] consumers confined in, admitted or committed to a mental health or mental retardation facility in one state whose legal residence is in the other, and may give written permission for the return and admission to a division facility of any resident of this state when such permission is conformable to the provisions of this title governing admissions to a division facility.

     2.  The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the [client.] consumer.

     Sec. 11.  NRS 433.454 is hereby amended to read as follows:

     433.454  1.  All expenses incurred for the purpose of returning a [client] consumer to the state in which the [client] consumer has legal residence shall be paid from the moneys of the [client] consumer or by the relatives or other persons responsible for the [client’s] consumer’s care and treatment under his or her commitment or admission.

     2.  In the case of indigent [clients] consumers whose relatives cannot pay the costs and expenses of returning such [clients] consumers to the state in which they have residence, the costs may be assumed by the State. These costs shall be advanced from moneys appropriated for the general support of the division facility wherein the [client] consumer was receiving care, treatment or training, if such [client] consumer was committed to a division facility at the time of the transfer, and shall be paid out on claims as other claims against the State are paid.

     Sec. 12.  NRS 433.456 is hereby amended to read as follows:

     433.456  As used in NRS 433.456 to 433.536, inclusive, unless the context otherwise requires, the words and terms defined in NRS 433.458 [to] , 433.461 and 433.462 [, inclusive,] have the meanings ascribed to them in those sections.

     Sec. 13.  NRS 433.461 is hereby amended to read as follows:

     433.461  “Facility” means any:

     1.  Unit or subunit operated by the Division of Mental Health and Developmental Services of the Department for the care, treatment and training of [clients.] consumers.

     2.  Unit or subunit operated by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.

     3.  Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of [clients.] consumers.

 


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ê2011 Statutes of Nevada, Page 413 (Chapter 99, SB 44)ê

 

     Sec. 14.  NRS 433.462 is hereby amended to read as follows:

     433.462  “Rights” includes, without limitation, all rights provided to a [client] consumer pursuant to NRS 433.456 to 433.536, inclusive, and any regulations adopted pursuant thereto.

     Sec. 15.  NRS 433.471 is hereby amended to read as follows:

     433.471  1.  Each client consumer admitted for evaluation, treatment or training to a facility has the following rights concerning admission to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the [client] consumer by such additional means as prescribed by regulation:

     [1.] (a) The right not to be admitted to the facility under false pretenses or as a result of any improper, unethical or unlawful conduct by a staff member of the facility to collect money from the insurance company of the [client] consumer or for any other financial purpose.

     [2.] (b) The right to receive a copy, on request, of the criteria upon which the facility makes its decision to admit or discharge a [client] consumer from the facility. Such criteria must not, for emergency admissions or involuntary court-ordered admissions, be based on the availability of insurance coverage or any other financial considerations.

     [3.] 2.  As used in this section, “improper conduct” means a violation of the rules, policies or procedures of the facility.

     Sec. 16.  NRS 433.472 is hereby amended to read as follows:

     433.472  1.  Each [client] consumer admitted for evaluation, treatment or training to a facility has the following rights concerning involuntary commitment to the facility, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the [client] consumer by such additional means as prescribed by regulation:

     (a) To request and receive a second evaluation by a psychiatrist or psychologist who does not have a contractual relationship with or financial interest in the facility. The evaluation must:

           (1) Include, without limitation, a recommendation of whether the [client] consumer should be involuntarily committed to the facility; and

           (2) Be paid for by the [client] consumer if the insurance carrier of the [client] consumer refuses to pay for the evaluation.

     (b) To receive a copy of the procedure of the facility regarding involuntary commitment and treatment.

     (c) To receive a list of the [client’s] consumer’s rights concerning involuntary commitment or treatment.

     2.  If the results of an evaluation conducted by a psychiatrist or psychologist pursuant to subsection 1 conflict in any manner with the results of an evaluation conducted by the facility, the facility may request and receive a third evaluation of the [client] consumer to resolve the conflicting portions of the previous evaluations.

     Sec. 17.  NRS 433.482 is hereby amended to read as follows:

     433.482  Each [client] consumer admitted for evaluation, treatment or training to a facility has the following personal rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the [client] consumer by such additional means as prescribed by regulation:

     1.  To wear the [client’s] consumer’s own clothing, to keep and use his or her own personal possessions, including toilet articles, unless those articles may be used to endanger the [client’s] consumer’s life or others’ lives, and to keep and be allowed to spend a reasonable sum of the [client’s] consumer’s own money for expenses and small purchases.

 


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ê2011 Statutes of Nevada, Page 414 (Chapter 99, SB 44)ê

 

articles may be used to endanger the [client’s] consumer’s life or others’ lives, and to keep and be allowed to spend a reasonable sum of the [client’s] consumer’s own money for expenses and small purchases.

     2.  To have access to individual space for storage for his or her private use.

     3.  To see visitors each day.

     4.  To have reasonable access to telephones, both to make and receive confidential calls.

     5.  To have ready access to materials for writing letters, including stamps, and to mail and receive unopened correspondence, but:

     (a) For the purposes of this subsection, packages are not considered as correspondence; and

     (b) Correspondence identified as containing a check payable to a [client] consumer may be subject to control and safekeeping by the administrative officer of that facility or the administrative officer’s designee, so long as the [client’s] consumer’s record of treatment documents the action.

     6.  To have reasonable access to an interpreter if the [client] consumer does not speak English or is hearing impaired.

     7.  To designate a person who must be kept informed by the facility of the [client’s] consumer’s medical and mental condition, if the [client] consumer signs a release allowing the facility to provide such information to the person.

     8.  Except as otherwise provided in NRS 439.538, to have access to the [client’s] consumer’s medical records denied to any person other than:

     (a) A member of the staff of the facility or related medical personnel, as appropriate;

     (b) A person who obtains a waiver by the [client] consumer of his or her right to keep the medical records confidential; or

     (c) A person who obtains a court order authorizing the access.

     9.  Other personal rights as specified by regulation of the Commission.

     Sec. 18.  NRS 433.484 is hereby amended to read as follows:

     433.484  Each [client] consumer admitted for evaluation, treatment or training to a facility has the following rights concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the [client] consumer by such additional means as prescribed by regulation:

     1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

     (a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

           (1) The [client] consumer if he or she is 18 years of age or over or legally emancipated and competent to give that consent, and from the [client’s] consumer’s legal guardian, if any;

           (2) The parent or guardian of a [client] consumer under 18 years of age and not legally emancipated; or

           (3) The legal guardian of a [client] consumer of any age who has been adjudicated mentally incompetent;

 


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ê2011 Statutes of Nevada, Page 415 (Chapter 99, SB 44)ê

 

     (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

           (1) The nature and consequences of the procedure;

           (2) The reasonable risks, benefits and purposes of the procedure; and

           (3) Alternative procedures available;

     (c) The consent of a [client] consumer as provided in paragraph (b) may be withdrawn by the [client] consumer in writing at any time with or without cause;

     (d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any [client] consumer who has been injured in an accident or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in the initiation of emergency medical care or treatment would endanger the health of the [client] consumer and if the treatment is immediately entered into the [client’s] consumer’s record of treatment, subject to the provisions of paragraph (e); and

     (e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.

     2.  To be free from abuse, neglect and aversive intervention.

     3.  To consent to the [client’s] consumer’s transfer from one facility to another, except that the Administrator of the Division of Mental Health and Developmental Services of the Department or the Administrator’s designee, or the Administrator of the Division of Child and Family Services of the Department or the Administrator’s designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the [client] consumer in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the [client’s] consumer’s record of treatment and immediately forward a notice of the objection to the Administrator who ordered the transfer, and the Commission shall review the transfer pursuant to subsection 3 of NRS 433.534.

     4.  Other rights concerning care, treatment and training as may be specified by regulation of the Commission.

     Sec. 19.  NRS 433.494 is hereby amended to read as follows:

     433.494  1.  An individualized written plan of mental health or mental retardation services or plan of services for a related condition must be developed for each [client] consumer of each facility. The plan must:

     (a) Provide for the least restrictive treatment procedure that may reasonably be expected to benefit the [client;] consumer; and

     (b) Be developed with the input and participation of:

           (1) The [client,] consumer, to the extent that he or she is able to provide input and participate; and

           (2) To the extent that the [client] consumer is unable to provide input and participate, the parent or guardian of the [client] consumer if the [client] consumer is under 18 years of age and is not legally emancipated, or the legal guardian of a [client] consumer who has been adjudicated mentally incompetent.

 


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ê2011 Statutes of Nevada, Page 416 (Chapter 99, SB 44)ê

 

     2.  The plan must be kept current and must be modified, with the input and participation of the [client,] consumer, the parent or guardian of the [client] consumer or the legal guardian of the [client,] consumer, as appropriate, when indicated. The plan must be thoroughly reviewed at least once every 3 months.

     3.  The person in charge of implementing the plan of services must be designated in the plan.

     Sec. 20.  NRS 433.504 is hereby amended to read as follows:

     433.504  1.  A [client] consumer or the [client’s] consumer’s legal guardian must be:

     (a) Permitted to inspect the [client’s] consumer’s records; and

     (b) Informed of the [client’s] consumer’s clinical status and progress at reasonable intervals of no longer than 3 months in a manner appropriate to his or her clinical condition.

     2.  Unless a psychiatrist has made a specific entry to the contrary in a [client’s] consumer’s records, a [client] consumer or the [client’s] consumer’s legal guardian is entitled to obtain a copy of the [client’s] consumer’s records at any time upon notice to the administrative officer of the facility and payment of the cost of reproducing the records.

     Sec. 21.  NRS 433.514 is hereby amended to read as follows:

     433.514  1.  The attending psychiatrist or physician shall be responsible for all medication given or administered to a [client.] consumer.

     2.  Each administrative officer shall establish a policy for the review of the administration, storage and handling of medications by nurses and nonprofessional personnel.

     Sec. 22.  NRS 433.524 is hereby amended to read as follows:

     433.524  1.  A [client] consumer may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:

     (a) The [client] consumer voluntarily agrees to perform the labor;

     (b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the [client;] consumer;

     (c) The person responsible for the [client’s] consumer’s treatment agrees to the plan of labor; and

     (d) The amount of time or effort necessary to perform the labor is not excessive.

Ê In no event may discharge or privileges be conditioned upon the performance of such labor.

     2.  A [client] consumer who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone must be adequately compensated and the compensation must be in accordance with applicable state and federal labor laws.

     3.  A [client] consumer who performs labor other than that described in subsection 2 must be compensated an adequate amount if an economic benefit to another person or agency results from the [client’s] consumer’s labor.

     4.  The administrative officer of the facility may provide for compensation of a resident when the resident performs labor not governed by subsection 2 or 3.

 


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ê2011 Statutes of Nevada, Page 417 (Chapter 99, SB 44)ê

 

     5.  This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.

     6.  One-half of any compensation paid to a [client] consumer pursuant to this section is exempt from collection or retention as payment for services rendered by the Division of Mental Health and Developmental Services of the Department or its facilities, or by the Division of Child and Family Services of the Department or its facilities. Such an amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.

     Sec. 23.  NRS 433.531 is hereby amended to read as follows:

     433.531  Each [client] consumer admitted for evaluation, treatment or training to a facility has the following rights concerning the suspension or violation of his or her rights, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the [client] consumer by such additional means as prescribed by regulation:

     1.  To receive a list of the [client’s] consumer’s rights.

     2.  To receive a copy of the policy of the facility that sets forth the clinical or medical circumstances under which the [client’s] consumer’s rights may be suspended or violated.

     3.  To receive a list of the clinically appropriate options available to the [client] consumer or the [client’s] consumer’s family to remedy an actual or a suspected suspension or violation of his or her rights.

     4.  To have all policies of the facility regarding the rights of [clients] consumers prominently posted in the facility.

     Sec. 24.  NRS 433.533 is hereby amended to read as follows:

     433.533  Each facility shall, within a reasonable time after a [client] consumer is admitted to the facility for evaluation, treatment or training, ask the [client] consumer to sign a document that reflects that the [client] consumer has received a list of the [client’s] consumer’s rights and has had those rights explained to him or her.

     Sec. 25.  NRS 433.534 is hereby amended to read as follows:

     433.534  1.  The rights of a [client] consumer enumerated in this chapter must not be denied except to protect the [client’s] consumer’s health and safety or to protect the health and safety of others, or both. Any denial of those rights in any facility must be entered in the [client’s] consumer’s record of treatment, and notice of the denial must be forwarded to the administrative officer of the facility. Failure to report denial of rights by an employee may be grounds for dismissal.

     2.  If the administrative officer of a facility receives notice of a denial of rights as provided in subsection 1, the officer shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. Except as otherwise provided in NRS 239.0115, such a report is confidential and must not be disclosed. A copy of the report must be sent to the Commission.

     3.  The Commission:

     (a) Shall receive reports of and may investigate apparent violations of the rights guaranteed by this chapter;

     (b) May act to resolve disputes relating to apparent violations;

     (c) May act on behalf of [clients] consumers to obtain remedies for any apparent violations; and

 


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     (d) Shall otherwise endeavor to safeguard the rights guaranteed by this chapter.

     4.  Pursuant to NRS 241.030, the Commission may close any portion of a meeting in which it considers the character, alleged misconduct or professional competence of a person in relation to:

     (a) The denial of the rights of a [client;] consumer; or

     (b) The care and treatment of a [client.] consumer.

Ê The provisions of this subsection do not require a meeting of the Commission to be closed to the public.

     Sec. 26.  NRS 433.538 is hereby amended to read as follows:

     433.538  As used in NRS 433.538 to 433.543, inclusive, unless the context otherwise requires:

     1.  “Administrative officer” means a person with overall executive and administrative responsibility for a division facility.

     2.  [“Client” means any person who seeks, on the person’s own or another’s initiative, and can benefit from, care, treatment, treatment to competency or training in a division facility.

     3.]  “Division facility” means any unit or subunit operated by:

     (a) The Division of Mental Health and Developmental Services of the Department for the care, treatment and training of [clients;] consumers; or

     (b) The Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.

     Sec. 27.  NRS 433.539 is hereby amended to read as follows:

     433.539  1.  There may be maintained as a trust fund at each division facility a [clients’] consumers’ personal deposit fund.

     2.  Money coming into the possession of the administrative officer of a division facility which belongs to a [client] consumer must be credited in the fund in the name of that [client.] consumer.

     3.  When practicable, individual credits in the fund must not exceed the sum of $300.

     4.  Any amounts to the credit of a [client] consumer may be used for purchasing personal necessities, for expenses of burial or may be turned over to the [client] consumer upon the [client’s] consumer’s demand, except that when the [client] consumer is adjudicated mentally incompetent the guardian of the [client’s] consumer’s estate has the right to demand and receive the money.

     5.  An amount accepted for the benefit of a [client] consumer for a special purpose must be reserved for that purpose regardless of the total amount to the credit of the [client.] consumer.

     6.  Except as otherwise provided in subsection 7, the administrative officers shall deposit any money received for the funds of their respective facilities in commercial accounts with one or more banks or credit unions of reputable standing. When deposits in a commercial account exceed $15,000, the administrative officer may deposit the excess in a savings account paying interest in any reputable commercial bank, or in any credit union or savings and loan association within this state that is federally insured or insured by a private insurer approved pursuant to NRS 678.755. The savings account must be in the name of the fund. Interest paid on deposits in the savings account may be used for recreational purposes at the division facility.

     7.  The administrative officers may maintain at their respective division facilities petty cash of not more than $400 of the money in the [clients’] consumers’ personal deposit fund to enable [clients] consumers to withdraw small sums from their accounts.

 


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     Sec. 28.  NRS 433.541 is hereby amended to read as follows:

     433.541  Whenever any person admitted to a division facility dies, the administrative officer shall send written notice to the decedent’s legally appointed representative, listing the personal property remaining in the custody or possession of the facility. If there is no demand made upon the administrative officer of the facility by the decedent’s legally appointed representative, all personal property of the decedent remaining in the custody or possession of the administrative officer must be held by the officer for a period of 1 year from the date of the decedent’s death for the benefit of the heirs, legatees or successors of the decedent. At the end of this period, another notice must be sent to the decedent’s representative, listing the property and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, all personal property and documents of the decedent, other than cash, remaining unclaimed in the possession of the administrative officer must be disposed of as follows:

     1.  All documents must be filed by the administrative officer with the public administrator of the county from which the [client] consumer was admitted.

     2.  All other personal property must be sold at a public auction or by sealed bids. The proceeds of the sale must be applied to the decedent’s unpaid balance for costs incurred at the division facility.

     Sec. 29.  NRS 433.542 is hereby amended to read as follows:

     433.542  If a person admitted to a division facility is discharged or leaves and the person fails to recover personal property worth more than $100 in the custody of the administrative officer of the facility, the administrative officer shall notify the former [client] consumer or the [client’s] consumer’s legal representative in writing that personal property remains in the custody of the facility. The property must be held in safekeeping for the [client] consumer for a period of 1 year from the date of discharge. If upon the expiration of the 1-year period no claim has been made upon the administrative officer by the person or the person’s legal representative, another notice must be sent to the person or the person’s legal representative, stating the fact that personal property remains in the custody of the facility, and specifying the manner in which the property will be disposed of if not claimed within 15 business days. After 15 business days, the property may be considered unclaimed property and be disposed of in the manner provided for unclaimed property of deceased persons under the provisions of NRS 433.541.

     Sec. 30.  NRS 433.544 is hereby amended to read as follows:

     433.544  1.  Upon the death of a [client,] consumer, any known relatives or friends of the [client] consumer shall be notified immediately of the fact of death.

     2.  The Administrator or the Administrator’s designee shall cause a decent burial to be provided for the [client] consumer outside division facility grounds. The Administrator or the designee may enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as the Administrator or the designee deems proper, for a decent burial. Where there are known relatives, and they are financially able, the cost of burial shall be borne by the relatives. Where there are no known relatives, the cost of burial shall be a charge against the State of Nevada, but the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place.

 


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the cost thereof shall not exceed the amount charged for the burial of indigents in the county in which the burial takes place.

     3.  When a [client] consumer has income from a pension payable through a division facility, and has no guardian, the Division may obligate operating funds for funeral expenses in the amount due under the pension benefits.

     Sec. 31.  NRS 433.5483 is hereby amended to read as follows:

     433.5483  A person employed by a facility or any other person shall not use any aversive intervention on a person with a disability who is a [client.] consumer.

     Sec. 32.  NRS 433.5486 is hereby amended to read as follows:

     433.5486  Notwithstanding the provisions of NRS 433.549 to 433.5503, inclusive, to the contrary, a facility may use or authorize the use of physical restraint, mechanical restraint or chemical restraint on a person with a disability who is a [client] consumer if the facility is:

     1.  Accredited by a nationally recognized accreditation association or agency; or

     2.  Certified for participation in the Medicaid or Medicare Program,

Ê only to the extent that the accreditation or certification allows the use of such restraint.

     Sec. 33.  NRS 433.549 is hereby amended to read as follows:

     433.549  A person employed by a facility or any other person shall not:

     1.  Except as otherwise provided in NRS 433.5493, use physical restraint on a person with a disability who is a [client.] consumer.

     2.  Except as otherwise provided in NRS 433.5496 and 433.5499, use mechanical restraint on a person with a disability who is a [client.] consumer.

     3.  Except as otherwise provided in NRS 433.5503, use chemical restraint on a person with a disability who is a [client.] consumer.

     Sec. 34.  NRS 433.5493 is hereby amended to read as follows:

     433.5493  1.  Except as otherwise provided in subsection 2, physical restraint may be used on a person with a disability who is a [client] consumer only if:

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

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

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

     2.  Physical restraint may be used on a person with a disability who is a [client] consumer and the provisions of subsection 1 do not apply if the physical restraint is used to:

     (a) Assist the [client] consumer in completing a task or response if the [client] consumer does not resist the application of physical restraint or if the [client’s] consumer’s resistance is minimal in intensity and duration;

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

     (c) Conduct medical examinations or treatments on the [client] consumer that are necessary.

 


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     3.  If physical restraint is used on a person with a disability who is a [client] consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

     Sec. 35.  NRS 433.5496 is hereby amended to read as follows:

     433.5496  1.  Except as otherwise provided in subsections 2 and 4, mechanical restraint may be used on a person with a disability who is a [client] consumer only if:

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

     (b) A medical order authorizing the use of mechanical restraint is obtained from the [client’s] consumer’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;

     (c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the [client] consumer not later than 1 working day immediately after the application of the mechanical restraint;

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

     (e) The [client] consumer is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint;

     (f) A member of the staff of the facility lessens or discontinues the restraint every 15 minutes to determine whether the [client] consumer will stop or control his or her inappropriate behavior without the use of the restraint;

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

     (h) A member of the staff of the facility continuously monitors the [client] consumer during the time that mechanical restraint is used on the [client;] consumer; and

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

     2.  Mechanical restraint may be used on a person with a disability who is a [client] consumer and the provisions of subsection 1 do not apply if the mechanical restraint is used to:

     (a) Treat the medical needs of a [client;] consumer;

     (b) Protect a [client] consumer who is known to be at risk of injury to himself or herself because the [client] consumer lacks coordination or suffers from frequent loss of consciousness;

     (c) Provide proper body alignment to a [client;] consumer; or

     (d) Position a [client] consumer who has physical disabilities in a manner prescribed in the [client’s] consumer’s plan of services.

     3.  If mechanical restraint is used on a person with a disability who is a [client] consumer in an emergency, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

 


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     4.  The provisions of this section do not apply to a forensic facility, as that term is defined in subsection 5 of NRS 433.5499.

     Sec. 36.  NRS 433.5499 is hereby amended to read as follows:

     433.5499  1.  Except as otherwise provided in subsection 3, mechanical restraint may be used on a person with a disability who is a [client] consumer of a forensic facility only if:

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

     (b) The [client’s] consumer’s behavior presents an imminent threat of causing physical injury to himself or herself or to others or causing severe property damage and less restrictive measures have failed to modify the [client’s] consumer’s behavior;

     (c) The [client] consumer is in the care of the facility but not on the premises of the facility and mechanical restraint is necessary to ensure security; or

     (d) The [client] consumer is in the process of being transported to another location and mechanical restraint is necessary to ensure security.

     2.  If mechanical restraint is used pursuant to subsection 1, the forensic facility shall ensure that:

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

     (b) A member of the staff of the facility continuously monitors the [client] consumer during the time that mechanical restraint is used on the [client;] consumer;

     (c) The record of the [client] consumer contains a notation that indicates the time period during which the restraint was used and the circumstances warranting the restraint; and

     (d) The mechanical restraint is used only for the period that is necessary.

     3.  Mechanical restraint may be used on a person with a disability who is a [client] consumer of a forensic facility, and the provisions of subsections 1 and 2 do not apply if the mechanical restraint is used to:

     (a) Treat the medical needs of a [client;] consumer;

     (b) Protect a [client] consumer who is known to be at risk of injury to himself or herself because the [client] consumer lacks coordination or suffers from frequent loss of consciousness;

     (c) Provide proper body alignment to a [client;] consumer; or

     (d) Position a [client] consumer who has physical disabilities in a manner prescribed in the [client’s] consumer’s plan of services.

     4.  If mechanical restraint is used in an emergency on a person with a disability who is a [client] consumer of a forensic facility, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

     5.  As used in this section, “forensic facility” means a secure facility of the Division for offenders and defendants with a mental disorder who are ordered to the facility pursuant to chapter 178 of NRS.

     Sec. 37.  NRS 433.5503 is hereby amended to read as follows:

     433.5503  1.  Chemical restraint may only be used on a person with a disability who is a [client] consumer if:

     (a) The [client] consumer has been diagnosed as mentally ill, as defined in NRS 433A.115, and is receiving mental health services from a facility;

 


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     (b) The chemical restraint is administered to the [client] consumer while he or she is under the care of the facility;

     (c) An emergency exists that necessitates the use of chemical restraint;

     (d) A medical order authorizing the use of chemical restraint is obtained from the [client’s] consumer’s attending physician or psychiatrist;

     (e) The physician or psychiatrist who signed the order required pursuant to paragraph (d) examines the [client] consumer not later than 1 working day immediately after the administration of the chemical restraint; and

     (f) The chemical restraint is administered by a person licensed to administer medication.

     2.  If chemical restraint is used on a person with a disability who is a [client,] consumer, the use of the procedure must be reported as a denial of rights pursuant to NRS 433.534, regardless of whether the use of the procedure is authorized by statute. The report must be made not later than 1 working day after the procedure is used.

     Sec. 38.  NRS 433.5506 is hereby amended to read as follows:

     433.5506  1.  Each facility shall develop a program of education for the members of the staff of the facility to provide instruction in positive behavioral interventions and positive behavioral supports that:

     (a) Includes positive methods to modify the environment of [clients] consumers to promote adaptive behavior and reduce the occurrence of inappropriate behavior;

     (b) Includes methods to teach skills to [clients] consumers so that [clients] consumers can replace inappropriate behavior with adaptive behavior;

     (c) Includes methods to enhance a [client’s] consumer’s independence and quality of life;

     (d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of [clients;] consumers; and

     (e) Offers a process for designing interventions based upon the [client] consumer that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the [client.] consumer.

     2.  Each facility shall provide appropriate training for the members of the staff of the facility who are authorized to carry out and monitor physical restraint, mechanical restraint and chemical restraint to ensure that those members of the staff are competent and qualified to carry out the procedures in accordance with NRS 433.545 to 433.551, inclusive.

     Sec. 39.  NRS 433.554 is hereby amended to read as follows:

     433.554  1.  An employee of a public or private mental health facility or any other person, except a [client,] consumer, who:

     (a) Has reason to believe that a [client] consumer of the Division or of a private facility offering mental health services has been or is being abused or neglected and fails to report it;

     (b) Brings intoxicating beverages or a controlled substance into any division facility occupied by [clients] consumers unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

     (c) Is under the influence of liquor or a controlled substance while employed in contact with [clients,] consumers, unless in accordance with a lawfully issued prescription;

 


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     (d) Enters into any transaction with a [client] consumer involving the transfer of money or property for personal use or gain at the expense of the [client;] consumer; or

     (e) Contrives the escape, elopement or absence of a [client,] consumer,

Ê is guilty of a misdemeanor, in addition to any other penalties provided by law.

     2.  In addition to any other penalties provided by law, an employee of a public or private mental health facility or any other person, except a [client,] consumer, who willfully abuses or neglects a [client:] consumer:

     (a) For a first violation that does not result in substantial bodily harm to the [client,] consumer, is guilty of a gross misdemeanor.

     (b) For a first violation that results in substantial bodily harm to the [client,] consumer, is guilty of a category B felony.

     (c) For a second or subsequent violation, is guilty of a category B felony.

Ê A person convicted of a category B felony pursuant to this section 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, or by a fine of not more than $5,000, or by both fine and imprisonment.

     3.  A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if the person is an officer or employee of the State, the person forfeits his or her office or position.

     4.  A conviction pursuant to this section is, when applicable, grounds for disciplinary action against the person so convicted and the facility where the violation occurred. The Division may recommend to the appropriate agency or board the suspension or revocation of the professional license, registration, certificate or permit of a person convicted pursuant to this section.

     5.  For the purposes of this section:

     (a) “Abuse” means any willful and unjustified infliction of pain, injury or mental anguish upon a [client,] consumer, including, but not limited to:

           (1) The rape, sexual assault or sexual exploitation of the [client;] consumer;

           (2) The use of any type of aversive intervention;

           (3) Except as otherwise provided in NRS 433.5486, a violation of NRS 433.549; and

           (4) The use of physical, chemical or mechanical restraints or the use of seclusion in violation of federal law.

Ê Any act which meets the standard of practice for care and treatment does not constitute abuse.

     (b) [“Client”] “Consumer” includes any person who seeks, on the person’s own or others’ initiative, and can benefit from, care, treatment and training in a public or private institution or facility offering mental health services, or from treatment to competency in a public or private institution or facility offering mental health services. The term includes a [client] consumer of the Division of Child and Family Services of the Department.

     (c) “Neglect” means any omission to act which causes injury to a [client] consumer or which places the [client] consumer at risk of injury, including, but not limited to, the failure to follow:

           (1) An appropriate plan of treatment to which the [client] consumer has consented; and

 


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           (2) The policies of the facility for the care and treatment of [clients.] consumers.

Ê Any omission to act which meets the standard of practice for care and treatment does not constitute neglect.

     (d) “Standard of practice” means the skill and care ordinarily exercised by prudent professional personnel engaged in health care.

     Sec. 40.  NRS 433A.016 is hereby amended to read as follows:

     433A.016  “Division facility” means:

     1.  Except as otherwise provided in subsection 2, any unit or subunit operated by the Division of Mental Health and Developmental Services of the Department for the care, treatment and training of [clients.] consumers.

     2.  Any unit or subunit operated by the Division of Child and Family Services of the Department pursuant to chapter 433B of NRS.

     Sec. 41.  NRS 433A.030 is hereby amended to read as follows:

     433A.030  The administrative officers have the following powers and duties, subject to the administrative supervision of the Administrator:

     1.  To exercise general supervision of and establish regulations for the government of the facilities designated by the Administrator;

     2.  To be responsible for and supervise the fiscal affairs and responsibilities of the facilities designated by the Administrator;

     3.  To appoint such medical, technical, clerical and operational staff as the execution of his or her duties, the care and treatment of [clients] consumers and the maintenance and operation of the facilities designated by the Administrator may require;

     4.  To make reports to the Administrator, and to supply the Administrator with material on which to base proposed legislation;

     5.  To keep complete and accurate records of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office;

     6.  To inform the public in regard to the activities and operation of the facilities;

     7.  To invoke any legal, equitable or special procedures for the enforcement of his or her orders or the enforcement of the provisions of this title and other statutes governing the facilities;

     8.  To submit an annual report to the Administrator on the condition, operation, functioning and anticipated needs of the facilities; and

     9.  To assume responsibility for the nonmedical care and treatment of [clients] consumers if that responsibility has not been delegated.

     Sec. 42.  NRS 433A.080 is hereby amended to read as follows:

     433A.080  1.  A coordinator of medical programs is the medical head of any division facility designated by the Administrator. The coordinator of medical programs:

     (a) Must be a psychiatrist licensed to practice medicine or, in the case of a treatment facility authorized by paragraph (b) of subsection 1 of NRS 433B.290, a psychiatrist or a pediatrician licensed to practice medicine.

     (b) May be a psychiatrist or pediatrician in private practice under contract to the Division.

     (c) Must have such additional qualifications as are in accordance with criteria prescribed by the Department of Personnel and must be in the unclassified service of the State.

     2.  A coordinator of medical programs shall:

 


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     (a) Cause to be kept a fair and full account of all medical affairs;

     (b) Have standard medical histories currently maintained on all [clients,] consumers, and administer or have administered the accepted and appropriate medical treatments to all [clients] consumers under his or her care, and may, by delegation of the administrative officer, be responsible for the nonmedical care and treatment of [clients;] consumers; and

     (c) Undertake any diagnostic, medical or surgical procedure in the interest of the [client,] consumer, but only in accordance with the provisions of subsection 1 of NRS 433.484.

     Sec. 43.  NRS 433A.110 is hereby amended to read as follows:

     433A.110  1.  The administrative officer of a division mental health facility which provides treatment for inpatients may cause to be established a canteen operated for the benefit of [clients] consumers and employees of the facility. So far as practical within good business practices, the prices of commodities sold must approximate costs. The administrative officer shall cause to be kept a record of transactions in the operation of the canteen.

     2.  The Administrator may designate money from budgeted resources in appropriate amounts to each such facility for the establishment and operation of canteens. The money must be used to supplement the financial operation of the canteens, if required, to provide money for needy [clients’] consumers’ canteen privileges, and to provide for such other expenditures benefiting the [clients] consumers of such division facilities as the respective administrative officers may deem necessary. All proceeds of sale collected must be deposited with the State Treasurer for credit to the appropriate operating account of the mental health facility. The operating account must separately identify in the record of transactions the proceeds of sale collected, the amount of budgeted resources used, and the total amount expended for the operations of the canteen. All proceeds of sale collected must be used for the operation of the canteen. Proceeds of sale collected which exceed the amount necessary to maintain the operation of the canteens must be used to benefit the [clients.] consumers.

     3.  An appropriate sum may be maintained as petty cash at each canteen.

     4.  The respective administrative officers may cause to be appointed such staff as are necessary for the proper operation of the canteens.

     Sec. 44.  NRS 433A.140 is hereby amended to read as follows:

     433A.140  1.  Any person may apply to:

     (a) A public or private mental health facility in the State of Nevada for admission to the facility; or

     (b) A division facility to receive care, treatment or training provided by the Division,

Ê as a voluntary [client] consumer for the purposes of observation, diagnosis, care and treatment. In the case of a person who has not attained the age of majority, application for voluntary admission or care, treatment or training may be made on his or her behalf by the person’s spouse, parent or legal guardian.

     2.  If the application is for admission to a division facility, or for care, treatment or training provided by the Division, the applicant must be admitted or provided such services as a voluntary [client] consumer if an examination by personnel of the facility qualified to make such a determination reveals that the person needs and may benefit from services offered by the mental health facility.

 


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     3.  Any person admitted to a public or private mental health facility as a voluntary [client] consumer must be released immediately after the filing of a written request for release with the responsible physician or that physician’s designee within the normal working day, unless, within 24 hours after the request, the facility changes the status of the person to an emergency admission pursuant to NRS 433A.145. When a person is released pursuant to this subsection, the facility and its agents and employees are not liable for any debts or contractual obligations, medical or otherwise, incurred or damages caused by the actions of the person.

     4.  Any person admitted to a public or private mental health facility as a voluntary [client] consumer who has not requested release may nonetheless be released by the medical director of the facility when examining personnel at the facility determine that the [client] consumer has recovered or has improved to such an extent that the [client] consumer is not considered a danger to himself or herself or others and that the services of that facility are no longer beneficial to the [client] consumer or advisable.

     5.  A person who requests care, treatment or training from the Division pursuant to this section must be evaluated by the personnel of the Division to determine whether the person is eligible for the services offered by the Division. The evaluation must be conducted:

     (a) Within 72 hours if the person has requested inpatient services; or

     (b) Within 72 regular operating hours, excluding weekends and holidays, if the person has requested community-based or outpatient services.

     6.  This section does not preclude a public facility from making decisions, policies, procedures and practices within the limits of the money made available to the facility.

     Sec. 45.  NRS 433A.145 is hereby amended to read as follows:

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

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

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

     Sec. 46.  NRS 433A.350 is hereby amended to read as follows:

     433A.350  1.  Upon admission to any public or private mental health facility, each [client] consumer of the facility and the [client’s] consumer’s spouse and legal guardian, if any, must receive a written statement outlining in simple, nontechnical language all procedures for release provided by this chapter, setting out all rights accorded to such a [client] consumer by this chapter and chapters 433 and 433B of NRS and, if the [client] consumer has no legal guardian, describing procedures provided by law for adjudication of incompetency and appointment of a guardian for the [client.] consumer.

 


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     2.  Written information regarding the services provided by and means of contacting the local office of an agency or organization that receives money from the Federal Government pursuant to 42 U.S.C. §§ 10801 et seq., to protect and advocate the rights of persons with mental illnesses must be posted in each public and private mental health facility and provided to each [client] consumer of such a facility upon admission.

     Sec. 47.  NRS 433A.360 is hereby amended to read as follows:

     433A.360  1.  A clinical record for each [client] consumer must be diligently maintained by any division facility or private institution or facility offering mental health services. The record must include information pertaining to the [client’s] consumer’s admission, legal status, treatment and individualized plan for habilitation. The clinical record is not a public record and no part of it may be released, except:

     (a) If the release is authorized or required pursuant to NRS 439.538.

     (b) The record must be released to physicians, attorneys and social agencies as specifically authorized in writing by the [client,] consumer, the [client’s] consumer’s parent, guardian or attorney.

     (c) The record must be released to persons authorized by the order of a court of competent jurisdiction.

     (d) The record or any part thereof may be disclosed to a qualified member of the staff of a division facility, an employee of the Division or a member of the staff of an agency in Nevada which has been established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq., or the Protection and Advocacy for Mentally Ill Individuals Act of 1986, 42 U.S.C. §§ 10801 et seq., when the Administrator deems it necessary for the proper care of the [client.] consumer.

     (e) Information from the clinical records may be used for statistical and evaluative purposes if the information is abstracted in such a way as to protect the identity of individual [clients.] consumers.

     (f) To the extent necessary for a [client] consumer to make a claim, or for a claim to be made on behalf of a [client] consumer for aid, insurance or medical assistance to which the [client] consumer may be entitled, information from the records may be released with the written authorization of the [client] consumer or the [client’s] consumer’s guardian.

     (g) The record must be released without charge to any member of the staff of an agency in Nevada which has been established pursuant to 42 U.S.C. §§ 15001 et seq. or 42 U.S.C. §§ 10801 et seq. if:

           (1) The [client] consumer is a [client] consumer of that office and the [client] consumer or the [client’s] consumer’s legal representative or guardian authorizes the release of the record; or

           (2) A complaint regarding a [client] consumer was received by the office or there is probable cause to believe that the [client] consumer has been abused or neglected and the [client:] consumer:

                (I) Is unable to authorize the release of the record because of the [client’s] consumer’s mental or physical condition; and

                (II) Does not have a guardian or other legal representative or is a ward of the State.

     (h) The record must be released as provided in NRS 433.332 or 433B.200 and in chapter 629 of NRS.

     2.  As used in this section, [“client”] “consumer” includes any person who seeks, on the person’s own or others’ initiative, and can benefit from, care, treatment and training in a private institution or facility offering mental health services, or from treatment to competency in a private institution or facility offering mental health services.

 


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care, treatment and training in a private institution or facility offering mental health services, or from treatment to competency in a private institution or facility offering mental health services.

     Sec. 48.  NRS 433A.370 is hereby amended to read as follows:

     433A.370  1.  When a [client] consumer committed by a court to a division facility on or before June 30, 1975, or a [client] consumer who is judicially admitted on or after July 1, 1975, or a person who is involuntarily detained pursuant to NRS 433A.145 to 433A.300, inclusive, escapes from any division facility, or when a judicially admitted [client] consumer has not returned to a division facility from conditional release after the administrative officer of the facility has ordered the [client] consumer to do so, any peace officer shall, upon written request of the administrative officer or the administrative officer’s designee and without the necessity of a warrant or court order, apprehend, take into custody and deliver the person to such division facility or another state facility.

     2.  Any person appointed or designated by the Director of the Department to take into custody and transport to a division facility persons who have escaped or failed to return as described in subsection 1 may participate in the apprehension and delivery of any such person, but may not take the person into custody without a warrant.

     Sec. 49.  NRS 433A.390 is hereby amended to read as follows:

     433A.390  1.  When a [client,] consumer, involuntarily admitted to a mental health facility by court order, is released at the end of the time specified pursuant to NRS 433A.310, written notice must be given to the admitting court and to the [client’s] consumer’s legal guardian at least 10 days before the release of the [client.] consumer. The [client] consumer may then be released without requiring further orders of the court. If the [client] consumer has a legal guardian, the facility shall notify the guardian before discharging the [client] consumer from the facility. The legal guardian has discretion to determine where the [client] consumer will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the [client] consumer will be released within 3 days after the date of notification, the facility shall discharge the [client] consumer according to its proposed discharge plan.

     2.  An involuntarily court-admitted [client] consumer may be unconditionally released before the period specified in NRS 433A.310 when:

     (a) An evaluation team established under NRS 433A.250 or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, determines that the [client] consumer has recovered from his or her mental illness or has improved to such an extent that the [client] consumer is no longer considered to present a clear and present danger of harm to himself or herself or others; and

     (b) Under advisement from the evaluation team or two persons professionally qualified in the field of psychiatric mental health, at least one of them being a physician, the medical director of the mental health facility authorizes the release and gives written notice to the admitting court and to the [client’s] consumer’s legal guardian at least 10 days before the release of the [client.] consumer. If the [client] consumer has a legal guardian, the facility shall notify the guardian before discharging the [client] consumer from the facility. The legal guardian has discretion to determine where the [client] consumer will be released, taking into consideration any discharge plan proposed by the facility assessment team.

 


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plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the [client] consumer will be released within 3 days after the date of notification, the facility shall discharge the [client] consumer according to its proposed discharge plan.

     Sec. 50.  NRS 433A.420 is hereby amended to read as follows:

     433A.420  The medical director of a division facility may order the transfer to a hospital of the Department of Veterans Affairs or other facility of the United States Government any admitted [client] consumer eligible for treatment therein. If the [client] consumer in any manner objects to the transfer, the medical director of the facility shall enter the objection and a written justification of the transfer in the [client’s] consumer’s record and forward a notice of the objection to the Administrator, and the Commission shall review the transfer pursuant to subsections 2 and 3 of NRS 433.534.

     Sec. 51.  NRS 433A.480 is hereby amended to read as follows:

     433A.480  1.  The medical director of a division mental health facility shall have all persons adjudicated as persons with mental incompetence of that facility automatically evaluated no less than once every 6 months to determine whether or not there is sufficient cause to believe that the [client] consumer remains unable to exercise rights to dispose of property, marry, execute instruments, make purchases, enter into contractual relationships, vote or hold a driver’s license.

     2.  If the medical director has sufficient reason to believe that the [client] consumer remains unable to exercise these rights, such information shall be documented in the [client’s] consumer’s treatment record.

     3.  If there is no such reason to believe the [client] consumer is unable to exercise these rights, the medical director shall immediately initiate proper action to cause to have the [client] consumer restored to legal capacity.

     Sec. 52.  NRS 433A.580 is hereby amended to read as follows:

     433A.580  No person may be admitted to a private hospital or division mental health facility pursuant to the provisions of this chapter unless mutually agreeable financial arrangements relating to the costs of treatment are made between the private hospital or division facility and the [client] consumer or person requesting his or her admission.

     Sec. 53.  NRS 433A.590 is hereby amended to read as follows:

     433A.590  1.  Fees for the cost of treatment and services rendered through any division facility must be established pursuant to the fee schedule established under NRS 433.404 or 433B.250, as appropriate.

     2.  The maximum fee established by the schedule must approximate the actual cost per [client] consumer for the class of [client] consumer care provided.

     3.  The fee schedule must allow for a [client] consumer to pay a portion of the actual cost if it is determined that the [client] consumer and his or her responsible relatives pursuant to NRS 433A.610 are unable to pay the full amount. That determination must be made pursuant to NRS 433A.640 and 433A.650.

     4.  Any reduction pursuant to subsection 3 of the amount owed must not be calculated until all of the benefits available to the [client] consumer from third-party sources, other than Medicaid, have been applied to pay the actual cost for the care provided.

     Sec. 54.  NRS 433A.630 is hereby amended to read as follows:

     433A.630  1.  The administrative officers of the respective division facilities may enter into special agreements secured by properly executed bonds with the relatives, guardians or friends of [clients] consumers who are adjudicated to be [clients] consumers with mental incompetence for subsistence, care or other expenses of such [clients.]

 


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bonds with the relatives, guardians or friends of [clients] consumers who are adjudicated to be [clients] consumers with mental incompetence for subsistence, care or other expenses of such [clients.] consumers. Each agreement and bond must be to the State of Nevada and any action to enforce the agreement or bond may be brought by the administrative officer.

     2.  Financially responsible relatives pursuant to NRS 433A.610 and the guardian of the estate of a [client] consumer may, from time to time, pay money to the division facility for the future personal needs of the [client] consumer with mental incompetence and for the [client’s] consumer’s burial expenses. Money paid pursuant to this subsection must be credited to the [client] consumer in the [clients’] consumers’ personal deposit fund established pursuant to NRS 433.539.

     Sec. 55.  NRS 433A.650 is hereby amended to read as follows:

     433A.650  Determination of ability to pay pursuant to NRS 433A.640 shall include investigation of whether the [client] consumer has benefits due and owing to the [client] consumer for the cost of his or her treatment from third-party sources, such as Medicare, Medicaid, social security, medical insurance benefits, retirement programs, annuity plans, government benefits or any other financially responsible third parties. The administrative officer of a division mental health facility may accept payment for the cost of a [client’s] consumer’s treatment from the [client’s] consumer’s insurance company, Medicare or Medicaid and other similar third parties.

     Sec. 56.  NRS 433A.660 is hereby amended to read as follows:

     433A.660  1.  If the [client,] consumer, his or her responsible relative pursuant to NRS 433A.610, guardian or the estate neglects or refuses to pay the cost of treatment to the division facility rendering service pursuant to the fee schedule established under NRS 433.404 or 433B.250, as appropriate, the State is entitled to recover by appropriate legal action all sums due, plus interest.

     2.  Before initiating such legal action, the division facility shall demonstrate efforts at collection, which may include contractual arrangements for collection through a private collection agency.

     Sec. 57.  NRS 433A.680 is hereby amended to read as follows:

     433A.680  The expense of diagnostic, medical and surgical services furnished to a [client] consumer admitted to a division facility by a person not on the staff of the facility, whether rendered while the [client] consumer is in a general hospital, an outpatient of a general hospital or treated outside any hospital, must be paid by the [client,] consumer, the guardian or relatives responsible pursuant to NRS 433A.610 for the [client’s] consumer’s care. In the case of an indigent [client] consumer or a [client] consumer whose estate is inadequate to pay the expenses, the expenses must be charged to the county from which the admission to the division facility was made, if the [client] consumer had, before admission, been a resident of that county. The expense of such diagnostic, medical and surgical services must not in any case be a charge against or paid by the State of Nevada, except when in the opinion of the administrative officer of the division mental health facility to which the [client] consumer is admitted payment should be made for nonresident indigent [clients] consumers and money is authorized pursuant to NRS 433.374 or 433B.230 and the money is authorized in approved budgets.

 


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     Sec. 58.  NRS 433A.690 is hereby amended to read as follows:

     433A.690  Claims by a division mental health facility against the estates of deceased [clients] consumers may be presented to the executor or Administrator in the manner required by law, and shall be paid as preferred claims equal to claims for expenses of last illness. When a deceased person has been maintained at a division mental health facility at a rate less than the maximum usually charged, or the facility has incurred other expenses for the benefit of the person for which full payment has not been made, the estate of the person shall be liable if the estate is discovered within 5 years after the person’s death.

     Sec. 59.  NRS 433B.070 is hereby amended to read as follows:

     433B.070  “Division facility” means any unit or subunit operated by the Division for the care and treatment of [clients.] consumers.

     Sec. 60.  NRS 433B.130 is hereby amended to read as follows:

     433B.130  1.  The Administrator shall:

     (a) Administer, in accordance with the policies established by the Commission, the programs of the Division for the mental health of children.

     (b) Establish appropriate policies to ensure that children in division facilities have timely access to clinically appropriate psychotropic medication that are consistent with the policies established pursuant to NRS 432B.197.

     2.  The Administrator may:

     (a) Appoint the administrative personnel necessary to operate the programs of the Division for the mental health of children.

     (b) Delegate to the administrative officers the power to appoint medical, technical, clerical and operational staff necessary for the operation of any division facilities.

     3.  If the Administrator finds that it is necessary or desirable that any employee reside at a facility operated by the Division or receive meals at such a facility, perquisites granted or charges for services rendered to that person are at the discretion of the Director of the Department.

     4.  The Administrator may accept children referred to the Division for treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.

     5.  The Administrator may enter into agreements with the Administrator of the Division of Mental Health and Developmental Services of the Department for the care and treatment of [clients] consumers of the Division of Child and Family Services at any facility operated by the Division of Mental Health and Developmental Services.

     Sec. 61.  NRS 433B.150 is hereby amended to read as follows:

     433B.150  1.  The Division shall employ such physicians within the various division facilities as are necessary for the operation of the facilities. The physicians must hold degrees of doctor of medicine from accredited medical schools and be licensed to practice medicine in Nevada.

     2.  Except as otherwise provided by law, the only compensation allowed such a physician is an annual salary, fixed in accordance with the pay plan adopted pursuant to the provisions of NRS 284.175.

     3.  The physicians shall perform such duties pertaining to the care and treatment of [clients] consumers as may be required.

     Sec. 62.  NRS 433B.190 is hereby amended to read as follows:

     433B.190  1.  The Division shall adopt regulations to:

     (a) Provide for a more detailed definition of abuse of a [client,] consumer, consistent with the general definition given in NRS 433B.340;

 


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     (b) Provide for a more detailed definition of neglect of a [client,] consumer, consistent with the general definition given in NRS 433B.340; and

     (c) Establish policies and procedures for reporting the abuse or neglect of a [client.] consumer.

     2.  The regulations adopted pursuant to this section must, to the extent possible and appropriate, be consistent with the regulations adopted by the Division of Mental Health and Developmental Services of the Department pursuant to NRS 433.331.

     Sec. 63.  NRS 433B.200 is hereby amended to read as follows:

     433B.200  1.  If a [client] consumer in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the [client,] consumer, on or before the date the [client] consumer is transferred, to the facility or physician. Except as otherwise required by 42 U.S.C. [§§ 290dd-3 and 290ee-3,] § 290dd-2, the division facility is not required to obtain the oral or written consent of the [client] consumer to forward a copy of the medical records.

     2.  As used in this section, “medical records” includes a medical history of the [client,] consumer, a summary of the current physical condition of the [client] consumer and a discharge summary which contains the information necessary for the proper treatment of the [client.] consumer.

     Sec. 64.  NRS 433B.210 is hereby amended to read as follows:

     433B.210  The Division may:

     1.  By contract with general hospitals or other institutions having adequate facilities in this State, provide for inpatient care of [clients] consumers with mental illness.

     2.  Contract with appropriate persons professionally qualified in the field of psychiatric mental health to provide inpatient and outpatient care for children with mental illness when it appears that they can be treated best in that manner.

     Sec. 65.  NRS 433B.250 is hereby amended to read as follows:

     433B.250  1.  The Division shall establish a fee schedule for services rendered through any program supported by the State pursuant to the provisions of this chapter. The schedule must be submitted to the Commission and the Director of the Department for joint approval before enforcement. The fees collected by facilities operated by the Division pursuant to this schedule must be deposited in the State Treasury to the credit of the State General Fund, except as otherwise provided in NRS 433B.220 for fees collected pursuant to contract or agreement.

     2.  For a facility providing services for the treatment of children with mental illness, the fee established must approximate the cost of providing the service, but if a [client,] consumer, or the parent or legal guardian of the [client,] consumer, is unable to pay in full the fee established pursuant to this section, the Division may collect any amount the [client,] consumer, parent or legal guardian is able to pay.

     Sec. 66.  NRS 433B.280 is hereby amended to read as follows:

     433B.280  1.  Upon the death of a [client] consumer in a division facility, any known relatives or friends of the [client] consumer must be notified immediately of the fact of death.

 


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     2.  The Administrator or the Administrator’s designee shall cause a decent burial to be provided for the [client] consumer outside the grounds of a division facility. The Administrator or the designee may enter into a contract with any person or persons, including governmental agencies or other instrumentalities, as the Administrator or the designee deems proper, for a decent burial. Where there are known relatives, and they are financially able, the cost of burial must be borne by the relatives. Where there are no known relatives, the cost of burial is a charge against the State of Nevada, except that the cost must not exceed the amount charged for the burial of indigents in the county in which the burial takes place.

     Sec. 67.  NRS 433B.340 is hereby amended to read as follows:

     433B.340  1.  An employee of the Division or other person who:

     (a) Has reason to believe that a [client] consumer has been or is being abused or neglected and fails to report it;

     (b) Brings intoxicating beverages or a controlled substance into any building occupied by [clients] consumers unless specifically authorized to do so by the administrative officer or a staff physician of the facility;

     (c) Is under the influence of liquor or a controlled substance while employed in contact with [clients,] consumers, unless in accordance with a lawfully issued prescription;

     (d) Enters into any transaction with a [client] consumer involving the transfer of money or property for personal use or gain at the expense of the [client;] consumer; or

     (e) Contrives the escape, elopement or absence of a [client,] consumer,

Ê is guilty of a misdemeanor.

     2.  An employee of the Division or other person who willfully abuses or neglects any [client:] consumer:

     (a) If no substantial bodily harm to the [client] consumer results, is guilty of a gross misdemeanor.

     (b) If substantial bodily harm to the [client] consumer results, 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, or by a fine of not more than $5,000, or by both fine and imprisonment.

     3.  A person who is convicted pursuant to this section is ineligible for 5 years for appointment to or employment in a position in the state service and, if he or she is an officer or employee of the State, the person forfeits his or her office or position.

     4.  For the purposes of this section:

     (a) “Abuse” means any willful or reckless act or omission to act which causes physical or mental injury to a [client,] consumer, including, but not limited to:

           (1) The rape, sexual assault or sexual exploitation of the [client;] consumer;

           (2) Striking the [client;] consumer;

           (3) The use of excessive force when placing the [client] consumer in physical restraints; and

           (4) The use of physical or chemical restraints in violation of state or federal law.

Ê Any act or omission to act which meets the standard practice for care and treatment does not constitute abuse.

 


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     (b) “Neglect” means any act or omission to act which causes injury to a [client] consumer or which places the [client] consumer at risk of injury, including, but not limited to, the failure to:

           (1) Establish or carry out an appropriate plan of treatment for the [client;] consumer;

           (2) Provide the [client] consumer with adequate nutrition, clothing or health care; and

           (3) Provide a safe environment for the [client.] consumer.

Ê Any act or omission to act which meets the standard practice for care and treatment does not constitute neglect.

     (c) “Standard practice” is the skill and care ordinarily exercised by prudent medical personnel.

     Sec. 68.  NRS 435.007 is hereby amended to read as follows:

     435.007  As used in this chapter, unless the context otherwise requires:

     1.  “Child” means any person under the age of 18 years who may be eligible for mental retardation services or services for a related condition.

     2.  “Parent” means the parent of a child. The term does not include the parent of a person who has attained the age of 18 years.

     3.  “Person” includes a child and any other [client] consumer with mental retardation or a related condition who has attained the age of 18 years.

     4.  “Residential facility for groups” means a structure similar to a private residence which will house a small number of persons in a homelike atmosphere.

     Sec. 69.  NRS 435.122 is hereby amended to read as follows:

     435.122  1.  Any person with mental retardation or a person with a related condition may apply to any mental retardation center for admission as a voluntary [client.] consumer. The person’s parent or guardian or another responsible person may submit the application on his or her behalf.

     2.  If the person or a responsible party on behalf of the person objects to voluntary admission, the procedure for involuntary admission may be followed.

     Sec. 70.  NRS 435.128 is hereby amended to read as follows:

     435.128  1.  Upon completion of the proceedings for involuntary admission of a person to a mental retardation center, if the court finds:

     (a) That the person is a person with mental retardation or a person with a related condition, has demonstrated that the person is a clear and present danger to himself or herself or others and is in need of institutional training and treatment;

     (b) That appropriate space and programs are available at the mental retardation center to which it is proposed that the person be admitted; and

     (c) That there is no less restrictive alternative to admission to a mental retardation center which would be consistent with the best interests of the person,

Ê the court shall by written order certify that the person is eligible for involuntary admission to a mental retardation center.

     2.  A certificate of eligibility for involuntary admission expires 12 months after the date of issuance if the [client] consumer has not been discharged earlier by the procedure provided in NRS 435.129. At the end of the 12-month period, the administrative officer of the mental retardation center may petition the court to renew the certificate for an additional period of not more than 12 months.

 


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of not more than 12 months. Each petition for renewal must set forth the specific reasons why further treatment is required. A certificate may be renewed more than once.

     Sec. 71.  NRS 435.129 is hereby amended to read as follows:

     435.129  1.  If the administrative officer of a mental retardation center finds that a [client] consumer is no longer in need of the services offered at the center, the administrative officer shall discharge that [client.] consumer.

     2.  A written notice of the discharge must be given to the [client] consumer and the [client’s] consumer’s representatives at least 10 days before the discharge.

     3.  If the [client] consumer was admitted involuntarily, the Administrator shall, at least 10 days before the discharge, notify the district court which issued the certificate of eligibility for the person’s admission.

     Sec. 72.  NRS 435.350 is hereby amended to read as follows:

     435.350  1.  Each person with mental retardation and each person with a related condition admitted to a division facility is entitled to all rights enumerated in NRS 433.482, 433.484 and 433.545 to 433.551, inclusive.

     2.  The Administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of persons with mental retardation and persons with related conditions. The person designated shall file the regulations with the Administrator.

     3.  [Clients’] Consumers’ rights specified in NRS 433.482 and 433.484 may be denied only for cause. Any denial of such rights must be entered in the [client’s] consumer’s treatment record, and notice of the denial must be forwarded to the Administrator’s designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.

     4.  Upon receipt of notice of a denial of rights as provided in subsection 3, the Administrator’s designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the Administrator and the Commission.

     5.  The Commission has such powers and duties with respect to reports of denial of rights as are enumerated in subsection 3 of NRS 433.534.

     Sec. 73.  NRS 435.360 is hereby amended to read as follows:

     435.360  1.  The relatives of a [client] consumer with mental retardation or a [client] consumer with a related condition who is 18 years of age or older are not responsible for the costs of the [client’s] consumer’s care and treatment within a division facility.

     2.  The [client] consumer or the [client’s] consumer’s estate, when able, may be required to contribute a reasonable amount toward the costs of the [client’s] consumer’s care and treatment. Otherwise, the full costs of the services must be borne by the State.

     Sec. 74.  NRS 435.390 is hereby amended to read as follows:

     435.390  1.  The administrative officer of any division facility where persons with mental retardation or persons with related conditions reside may establish a canteen operated for the benefit of [clients] consumers and employees of the facility. The administrative officer shall keep a record of transactions in the operation of the canteen.

     2.  Each canteen must be self-supporting. No money provided by the State may be used for its operation.

 


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     3.  The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks or credit unions of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.

     Sec. 75.  NRS 433.044, 433.459, 433A.014 and 433B.050 are hereby repealed.

     Sec. 76.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change, move or remove any words and terms in the Nevada Administrative Code in a manner that the Legislative Counsel determines necessary to ensure consistency with the provisions of this act.

     Sec. 77.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on January 1, 2012, for all other purposes.

________

CHAPTER 100, SB 74

Senate Bill No. 74–Committee on Government Affairs

 

CHAPTER 100

 

[Approved: May 24, 2011]

 

AN ACT relating to state financial administration; changing the designation of certain funds and accounts; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill changes the designation of various state funds and accounts in existing law.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 353.266 is hereby amended to read as follows:

     353.266  1.  The Contingency [Fund] Account is hereby created [as a special revenue fund.] in the State General Fund. Money for the [Fund] Account must be provided by direct legislative appropriation.

     2.  Money in the Contingency [Fund] Account may be allocated and expended within the limitations and in the manner provided in NRS 353.268, 353.269 and 538.650 or by the Legislature directly:

     (a) For emergency use to supplement regular legislative appropriations which fail to cover unforeseen expenses;

     (b) To meet expenses pursuant to the requirements of the law; or

     (c) As provided by specific statute.

     Sec. 2.  NRS 353.2735 is hereby amended to read as follows:

     353.2735  1.  The Disaster Relief Account is hereby created [as a special account in the Fund to Stabilize the Operation of the State Government.] in the State General Fund. The Interim Finance Committee shall administer the Disaster Relief Account.

 


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     2.  The Division may accept grants, gifts or donations for deposit in the Disaster Relief Account. Except as otherwise provided in subsection 3, money received from:

     (a) A direct legislative appropriation to the Disaster Relief Account;

     (b) A transfer from the State General Fund in an amount equal to not more than 10 percent of the aggregate balance in the [Fund] Account to Stabilize the Operation of the State Government [, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount,] made pursuant to NRS 353.288; and

     (c) A grant, gift or donation to the Disaster Relief Account,

Ê must be deposited in the Disaster Relief Account. Except as otherwise provided in NRS 414.135, the interest and income earned on the money in the Disaster Relief Account must, after deducting any applicable charges, be credited to the Disaster Relief Account.

     3.  If, at the end of each quarter of a fiscal year, the balance in the Disaster Relief Account exceeds 0.75 percent of the total amount of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of State Government and authorized expenditures from the State General Fund for the regulation of gaming for that fiscal year, the State Controller shall not, until the balance in the Disaster Relief Account is 0.75 percent or less of that amount, transfer any money in the [Fund] Account to Stabilize the Operation of the State Government from the State General Fund to the Disaster Relief Account pursuant to the provisions of NRS 353.288.

     4.  Money in the Disaster Relief Account may be used for any purpose authorized by the Legislature or distributed through grants and loans to state agencies and local governments as provided in NRS 353.2705 to 353.2771, inclusive. Except as otherwise provided in NRS 353.276, such grants will be disbursed on the basis of reimbursement of costs authorized pursuant to NRS 353.274 and 353.2745.

     5.  If the Governor declares a disaster, the State Board of Examiners shall estimate:

     (a) The money in the Disaster Relief Account that is available for grants and loans for the disaster pursuant to the provisions of NRS 353.2705 to 353.2771, inclusive; and

     (b) The anticipated amount of those grants and loans for the disaster.

Ê Except as otherwise provided in this subsection, if the anticipated amount determined pursuant to paragraph (b) exceeds the available money in the Disaster Relief Account for such grants and loans, all grants and loans from the Disaster Relief Account for the disaster must be reduced in the same proportion that the anticipated amount of the grants and loans exceeds the money in the Disaster Relief Account that is available for grants and loans for the disaster. If the reduction of a grant or loan from the Disaster Relief Account would result in a reduction in the amount of money that may be received by a state agency or local government from the Federal Government, the reduction in the grant or loan must not be made.

     Sec. 3.  NRS 353.288 is hereby amended to read as follows:

     353.288  1.  The [Fund] Account to Stabilize the Operation of the State Government is hereby created [as a special revenue fund.] in the State General Fund. Except as otherwise provided in subsections 3 and 4, each year after the close of the previous fiscal year and before the issuance of the State Controller’s annual report, the State Controller shall transfer from the State General Fund to the [Fund] Account to Stabilize the Operation of the State Government:

 


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State Controller’s annual report, the State Controller shall transfer from the State General Fund to the [Fund] Account to Stabilize the Operation of the State Government:

     (a) Forty percent of the unrestricted balance of the State General Fund, as of the close of the previous fiscal year, which remains after subtracting an amount equal to 7 percent of all appropriations made from the State General Fund during that previous fiscal year for the operation of all departments, institutions and agencies of State Government and for the funding of schools; and

     (b) Commencing with the fiscal year that begins on July 1, 2011, 1 percent of the total anticipated revenue for the fiscal year in which the transfer will be made, as projected by the Economic Forum for that fiscal year pursuant to paragraph (e) of subsection 1 of NRS 353.228 and as adjusted by any legislation enacted by the Legislature that affects state revenue for that fiscal year.

     2.  Money transferred pursuant to subsection 1 to the [Fund] Account to Stabilize the Operation of the State Government is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.

     3.  The balance in the [Fund] Account to Stabilize the Operation of the State Government [, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount,] must not exceed 20 percent of the total of all appropriations from the State General Fund for the operation of all departments, institutions and agencies of the State Government and for the funding of schools and authorized expenditures from the State General Fund for the regulation of gaming for the fiscal year in which that revenue will be transferred to the [Fund] Account to Stabilize the Operation of the State Government.

     4.  Except as otherwise provided in this subsection and NRS 353.2735, beginning with the fiscal year that begins on July 1, 2003, the State Controller shall, at the end of each quarter of a fiscal year, transfer from the State General Fund to the Disaster Relief Account created pursuant to NRS 353.2735 an amount equal to not more than 10 percent of the aggregate balance in the [Fund] Account to Stabilize the Operation of the State Government during the previous quarter . [, excluding the aggregate balance in the Disaster Relief Account and the Emergency Assistance Subaccount created pursuant to NRS 414.135.] The State Controller shall not transfer more than $500,000 for any quarter pursuant to this subsection.

     5.  The Chief of the Budget Division of the Department of Administration may submit a request to the State Board of Examiners to transfer money from the [Fund] Account to Stabilize the Operation of the State Government to the State General Fund:

     (a) If the total actual revenue of the State falls short by 5 percent or more of the total anticipated revenue for the biennium in which the transfer will be made, as determined by the Legislature, or the Interim Finance Committee if the Legislature is not in session; or

     (b) If the Legislature, or the Interim Finance Committee if the Legislature is not in session, and the Governor declare that a fiscal emergency exists.

     6.  The State Board of Examiners shall consider a request made pursuant to subsection 5 and shall, if it finds that a transfer should be made, recommend the amount of the transfer to the Interim Finance Committee for its independent evaluation and action.

 


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its independent evaluation and action. The Interim Finance Committee is not bound to follow the recommendation of the State Board of Examiners.

     7.  If the Interim Finance Committee finds that a transfer recommended by the State Board of Examiners should and may lawfully be made, the Committee shall by resolution establish the amount and direct the State Controller to transfer that amount to the State General Fund. The State Controller shall thereupon make the transfer.

     8.  In addition to the manner of allocation authorized pursuant to subsections 5, 6 and 7, the money in the [Fund] Account to Stabilize the Operation of the State Government may be allocated directly by the Legislature to be used for any other purpose.

     Sec. 4.  NRS 2.490 is hereby amended to read as follows:

     2.490  All gifts of money which the Supreme Court Librarian is authorized to accept must be deposited in the [State Treasury in a fund to be known as the] Supreme Court Law Library Gift [Fund.] Account, which is hereby created in the State General Fund. The [Fund] Account is a continuing [fund] account without reversion, and money in the [Fund] Account must be used for Supreme Court Law Library purposes only and expended in accordance with the terms of the gift.

     Sec. 5.  NRS 120A.610 is hereby amended to read as follows:

     120A.610  1.  Except as otherwise provided in subsections 4 to 8, inclusive, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords, in his or her judgment, the most favorable market for the property. The Administrator may decline the highest bid and reoffer the property for sale if the Administrator considers the bid to be insufficient.

     2.  Any sale held under this section must be preceded by a single publication of notice, at least 3 weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold.

     3.  The purchaser of property at any sale conducted by the Administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of ownership.

     4.  Except as otherwise provided in subsection 5, the Administrator need not offer any property for sale if the Administrator considers that the probable cost of the sale will exceed the proceeds of the sale. The Administrator may destroy or otherwise dispose of such property or may transfer it to:

     (a) The Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or

     (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society.

Ê An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

     5.  The Administrator shall transfer property to the Office of Veterans’ Services, upon its written request, if the property has military value.

 


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     6.  Securities delivered to the Administrator pursuant to this chapter may be sold by the Administrator at any time after the delivery. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

     (a) Over the counter at the prevailing price for that security at the time of sale; or

     (b) By any other method the Administrator deems acceptable.

     7.  The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period and the Administrator determines that the probable cost of the sale of the property will exceed the proceeds of the sale, it may be destroyed.

     8.  All proceeds received by the Administrator from abandoned gift certificates must be accounted for separately in the Abandoned Property Trust Account in the State General Fund. At the end of each fiscal year, before any other money in the Abandoned Property Trust Account is transferred pursuant to NRS 120A.620, the balance in the [account] subaccount created pursuant to this subsection, less any costs, service charges or claims chargeable to the [account,] subaccount, must be transferred to the Educational Trust [Fund] Account, which is hereby created in the State [Treasury.] General Fund. The money in the Educational Trust [Fund] Account may be expended only as authorized by the Legislature for educational purposes.

     Sec. 6.  NRS 206.340 is hereby amended to read as follows:

     206.340  1.  The Graffiti Reward [Fund] Account is hereby created in the State General Fund.

     2.  When a defendant pleads or is found guilty of violating NRS 206.125, 206.330 or 206.335, the court shall include an administrative assessment of $250 for each violation in addition to any other fine or penalty. The money collected must be paid by the clerk of the court to the State Controller on or before the fifth day of each month for the preceding month for credit to the Graffiti Reward [Fund.] Account.

     3.  All money received pursuant to subsection 2 must be deposited with the State Controller for credit to the Graffiti Reward [Fund.] Account. The money in the [Fund] Account must be used:

     (a) To pay a reward to a person who, in response to the offer of a reward, provides information which results in the identification, apprehension and conviction of a person who violates NRS 206.125, 206.330 or 206.335; or

     (b) For any other purpose authorized by the Legislature.

     4.  If sufficient money is available in the Graffiti Reward [Fund,] Account, a state law enforcement agency may offer a reward, not to exceed $1,000, for information leading to the identification, apprehension and conviction of a person who violates NRS 206.125, 206.330 or 206.335. The reward must be paid out of the Graffiti Reward [Fund] Account upon approval by the State Board of Examiners.

     Sec. 7.  (Deleted by amendment.)

 


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     Sec. 8.  NRS 228.630 is hereby amended to read as follows:

     228.630  1.  The Registry [Fund] Account is hereby created [as a special revenue fund] in the State [Treasury] General Fund for the use of the Attorney General.

     2.  All money collected by the Attorney General pursuant to NRS 228.580 must be deposited in the State [Treasury] General Fund for credit to the Registry [Fund.] Account. The interest and income earned on the money in the Registry [Fund,] Account, after deducting any applicable charges, must be credited to the Registry [Fund.] Account.

     3.  Expenditures from the Registry [Fund] Account must be made only to administer and enforce the provisions of NRS 228.500 to 228.640, inclusive.

     4.  The Attorney General shall administer the Registry [Fund.] Account. All claims against the Registry [Fund] Account must be paid as other claims against the State are paid.

     5.  Any money remaining in the Registry [Fund] Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Registry [Fund] Account must be carried forward to the next fiscal year.

     6.  Each year, the Attorney General shall submit an itemized statement of the income and expenditures for the Registry [Fund:] Account:

     (a) To the Legislature, if the Legislature is in session; or

     (b) To the Interim Finance Committee, if the Legislature is not in session.

     Sec. 9.  NRS 231.153 is hereby amended to read as follows:

     231.153  1.  The Nevada Economic Development [Fund] Account is hereby created in the State [Treasury as a special revenue fund.] General Fund.

     2.  Except as otherwise provided in subsection 4, the Nevada Economic Development [Fund] Account is a continuing [fund] account without reversion. The money in the [Fund] Account must be invested as the money in other state [funds] accounts is invested. The interest and income earned on the money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.] Account. Claims against the [Fund] Account must be paid as other claims against the State are paid.

     3.  The Commission on Economic Development may accept gifts, grants and donations from any source for deposit in the Nevada Economic Development [Fund.] Account.

     4.  The State Board of Examiners may, upon making a determination that any portion of any amount appropriated by the Legislature for deposit in the [Fund] Account is necessary to meet existing or future obligations of the State, recommend to the Interim Finance Committee that the amount so needed be transferred from the [Fund] Account to the State General Fund. Upon approval of the Interim Finance Committee, the money may be so transferred.

     Sec. 10.  NRS 233C.095 is hereby amended to read as follows:

     233C.095  1.  The Nevada Cultural [Fund] Account is hereby created [as a special revenue fund.] in the State General Fund. The purposes of the [Fund] Account are to:

     (a) Ensure a stable and healthy cultural climate in this state;

     (b) Advance and promote a meaningful role of the arts and humanities in the lives of individual persons, families and communities throughout this state; and

 


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     (c) Stimulate the provision of additional funding from private sources to carry out the provisions of paragraphs (a) and (b).

Ê The money in the [Fund] Account must be used to augment and must not be used to replace or supplant any legislative appropriations to the Division.

     2.  Except as otherwise provided in subsection 4, the [Fund] Account is a continuing [fund] account without reversion. The money in the [Fund] Account must be invested as the money in other state [funds] accounts is invested. The interest and income earned on the money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.] Account. Claims against the [Fund] Account must be paid as other claims against the State are paid.

     3.  The Division may accept gifts, grants and donations from any source for deposit in the [Fund.] Account.

     4.  The State Board of Examiners may, upon making a determination that any portion of any amount appropriated by the Legislature for deposit in the [Fund] Account is necessary to meet existing or future obligations of the State, recommend to the Interim Finance Committee that the amount so needed be transferred from the [Fund] Account to the State General Fund. Upon approval of the Interim Finance Committee, the money may be so transferred.

     Sec. 11.  NRS 240.018 is hereby amended to read as follows:

     240.018  1.  The Secretary of State may:

     (a) Provide courses of study for the mandatory training of notaries public. Such courses of study must include at least 4 hours of instruction relating to the functions and duties of notaries public.

     (b) Charge a reasonable fee to each person who enrolls in a course of study for the mandatory training of notaries public.

     2.  A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.

     3.  The following persons are required to enroll in and successfully complete a course of study provided pursuant to this section:

     (a) A person applying for appointment as a notary public for the first time.

     (b) A person renewing his or her appointment as a notary public, if the appointment has expired for a period greater than 1 year.

     (c) A person renewing his or her appointment as a notary public, if during the immediately preceding 4 years the person has been fined for failing to comply with a statute or regulation of this State relating to notaries public.

Ê A person who holds a current appointment as a notary public is not required to enroll in and successfully complete a course of study provided pursuant to this section if the person is in compliance with all of the statutes and regulations of this State relating to notaries public.

     4.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the following manner:

     (a) Seventy-five percent of the fees collected must be deposited in the State General Fund.

     (b) Twenty-five percent of the fees collected must be deposited in the Notary Public Training [Fund] Account which is hereby created [as a special revenue fund] in the State [Treasury.] General Fund. The [Fund] Account must be administered by the Secretary of State. Any interest and income earned on the money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.]

 


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charges, must be credited to the [Fund.] Account. Any money remaining in the [Fund] Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the [Fund] Account must be carried forward. All claims against the [Fund] Account must be paid as other claims against the State are paid. The money in the [Fund] Account may be expended:

           (1) To pay for expenses related to providing courses of study for the mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials; or

           (2) For any other purpose authorized by the Legislature.

     Sec. 12.  NRS 278.750 is hereby amended to read as follows:

     278.750  1.  The Southern Nevada Enterprise Community Projects [Fund] Account is hereby created in the State [Treasury.] General Fund. The interest and income earned on the money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.] Account.

     2.  The Southern Nevada Enterprise Community Board shall administer the [Fund] Account and may accept gifts, grants and other money for deposit in the [Fund.] Account.

     3.  The money in the [Fund] Account may only be used to fund projects in the Southern Nevada Enterprise Community and is hereby authorized for expenditure as a continuing appropriation for this purpose.

     Sec. 13.  NRS 293.442 is hereby amended to read as follows:

     293.442  1.  As used in this section, “Act” means the Help America Vote Act of 2002, Public Law 107-252.

     2.  The Election [Fund] Account is hereby created [as a special revenue fund] in the State [Treasury,] General Fund, to be administered by the Secretary of State. The Secretary of State shall deposit all money received pursuant to the Act and any state appropriation of matching money pursuant to the Act in the Election [Fund.] Account.

     3.  The interest and income earned on money in the Election [Fund] Account must be credited to the [Fund.] Account. Any balance of the money that was received pursuant to the Act remaining in the Election [Fund] Account at the end of a fiscal year does not revert and must be carried forward to the next fiscal year and is continuously available to the Secretary of State for expenditure consistent with this section.

     4.  The Secretary of State may:

     (a) Only expend or disburse money in the Election [Fund] Account in accordance with the provisions of the Act.

     (b) Receive and disburse money in the Election [Fund] Account by electronic transfer.

     5.  Claims against the Election [Fund] Account must be paid as other claims against the State are paid.

     Sec. 14.  NRS 350A.190 is hereby amended to read as follows:

     350A.190  1.  All revenues from lending projects must be deposited in the Fund for the Municipal Bond Bank in the State Treasury, which is hereby created as [an enterprise] a special revenue fund.

     2.  Any revenue from lending projects which is in the Fund must be applied in the following order of priority:

     (a) Deposited into the Consolidated Bond Interest and Redemption Fund created pursuant to NRS 349.090 in amounts necessary to pay the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter.

 


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of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter.

     (b) Deposited into any reserve account created for the payment of the principal of, interest on and redemption premiums due in connection with state securities issued pursuant to this chapter, in amounts and at times determined to be necessary.

     (c) Paid out for expenses of operation and maintenance.

     (d) On July 1 of each odd-numbered year, to the extent of any uncommitted balance in the Fund, deposited in the State General Fund.

     Sec. 15.  NRS 361.920 is hereby amended to read as follows:

     361.920  1.  The Allodial Title Trust [Fund] Account is hereby created [.] in the State General Fund. The State Treasurer shall administer the [Fund.] Account. The interest and income earned on the money in the [Trust Fund] Account must be credited to the [Fund.] Account. The State Treasurer shall expend the money in the [Trust Fund] Account to make the payments of property tax on behalf of the residential properties for which allodial title has been established and not relinquished and for no other purposes except that not more than 2 percent of the money in the [Fund] Account may be used as necessary to pay expenses of the State Treasurer that are directly related to the cost to invest the money in the [Fund] Account and to administer the program. The State Treasurer shall not make any payment from the money in the [Trust Fund] Account more than 5 business days before the day on which the payment becomes due.

     2.  The State Treasurer shall invest the money in the [Trust Fund] Account in obligations which would be legal investments for the state pursuant to NRS 355.140.

     3.  The State Treasurer shall maintain a separate [account] subaccount in the [Trust Fund] Account for each allodial title and an Allodial Title [Account] Subaccount for Stabilization. Any interest or other income earned on the money in [an account] a subaccount that exceeds the projection of estimated interest and income made pursuant to subsection 3 of NRS 361.900 for the fiscal year must be transferred to the Allodial Title [Account] Subaccount for Stabilization as soon as practicable after June 30 of that year.

     4.  The State Treasurer shall adopt such regulations as are necessary to carry out the provisions of NRS 361.900 to 361.920, inclusive, to ensure that the Allodial Title Trust [Fund] Account is efficiently and securely maintained.

     Sec. 16.  NRS 384.170 is hereby amended to read as follows:

     384.170  1.  The Commission may accept gifts, donations, devises or bequests of real or personal property for the purpose of enabling it to carry out a program of historic preservation and restoration within the District, and it may expend the same for that purpose. The Commission may sell, or lease for periods not to exceed 20 years, real or personal property for use within the District which it may acquire.

     2.  The Commission shall deposit gifts or donations of money and any money acquired from selling or leasing the items described in subsection 1 in the [Trust Fund] Account for the Comstock Historic District which is hereby created in the State [Treasury.] General Fund. The [Fund] Account must be administered by the Commission. Any interest earned on the money in the [Fund] Account must be credited to the [Fund.] Account. The money deposited in the [Fund] Account and all interest paid thereon may be expended only for the maintenance of the Commission or to carry out the program of historic preservation and restoration within the District.

 


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expended only for the maintenance of the Commission or to carry out the program of historic preservation and restoration within the District.

     3.  The Commission has no power of eminent domain.

     Sec. 17.  NRS 386.576 is hereby amended to read as follows:

     386.576  1.  The [Fund] Account for Charter Schools is hereby created in the State [Treasury] General Fund as a revolving loan [fund,] account, to be administered by the Department.

     2.  The money in the [revolving fund] Account must be invested as money in other state [funds are] accounts is invested. All interest and income earned on the money in the [revolving fund] Account must be credited to the [revolving fund.] Account. Any money remaining in the [revolving fund] Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the [Fund] Account must be carried forward.

     3.  All payments of principal and interest on all the loans made to a charter school from the [revolving fund] Account must be deposited [in] with the State [Treasury] Treasurer for credit to the [revolving fund.] Account.

     4.  Claims against the [revolving fund] Account must be paid as other claims against the State are paid.

     5.  The Department may accept gifts, grants, bequests and donations from any source for deposit in the [revolving fund.] Account.

     Sec. 18.  NRS 387.191 is hereby amended to read as follows:

     387.191  1.  Except as otherwise provided in this subsection, the proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest must be paid by the county treasurer to the State Treasurer for credit to the State Supplemental School Support [Fund,] Account, which is hereby created in the State [Treasury as a special revenue fund.] General Fund. The county treasurer may retain from the proceeds an amount sufficient to reimburse the county for the actual cost of collecting and administering the tax, to the extent that the county incurs any cost it would not have incurred but for the enactment of this section or NRS 244.33561, but in no case exceeding the amount authorized by statute for this purpose. Any interest or other income earned on the money in the State Supplemental School Support [Fund] Account must be credited to the [Fund.] Account.

     2.  The money in the State Supplemental School Support [Fund] Account is hereby appropriated for the operation of the school districts and charter schools of the state, as provided in this section. The money so appropriated is intended to supplement and not replace any other money appropriated, approved or authorized for expenditure to fund the operation of the public schools for kindergarten through grade 12. Any money that remains in the State Supplemental School Support [Fund] Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the State Supplemental School Support [Fund] Account must be carried forward to the next fiscal year.

     3.  On or before February 1, May 1, August 1 and November 1 of each year, the Superintendent of Public Instruction shall transfer from the State Supplemental School Support [Fund] Account all the proceeds of the tax imposed pursuant to NRS 244.33561, including any interest or other income earned thereon, and distribute the proceeds proportionally among the school districts and charter schools of the state. The proportionate amount of money distributed to each school district or charter school must be determined by dividing the number of students enrolled in the school district or charter school by the number of students enrolled in all the school districts and charter schools of the state.

 


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school by the number of students enrolled in all the school districts and charter schools of the state. For the purposes of this subsection, the enrollment in each school district and the number of students who reside in the district and are enrolled in a charter school must be determined as of the last day of the first school month of the school district for the school year. This determination governs the distribution of money pursuant to this subsection until the next annual determination of enrollment is made. The Superintendent may retain from the proceeds of the tax an amount sufficient to reimburse the Superintendent for the actual cost of administering the provisions of this section, to the extent that the Superintendent incurs any cost the Superintendent would not have incurred but for the enactment of this section, but in no case exceeding the amount authorized by statute for this purpose.

     4.  The money received by a school district or charter school from the State Supplemental School Support [Fund] Account pursuant to this section must be used to improve the achievement of students and for the payment of salaries to attract and retain qualified teachers and other employees, except administrative employees, of the school district or charter school. Nothing contained in this section shall be deemed to impair or restrict the right of employees of the school district or charter school to engage in collective bargaining as provided by chapter 288 of NRS.

     5.  On or before November 10 of each year, the board of trustees of each school district and the governing body of each charter school shall prepare a report to the Superintendent of Public Instruction, in the form prescribed by the Superintendent. The report must provide an accounting of the expenditures by the school district or charter school of the money it received from the State Supplemental School Support [Fund] Account during the preceding fiscal year.

     6.  As used in this section, “administrative employee” means any person who holds a license as an administrator, issued by the Superintendent of Public Instruction, and is employed in that capacity by a school district or charter school.

     Sec. 19.  NRS 396.545 is hereby amended to read as follows:

     396.545  1.  To the extent of legislative appropriation, the Board of Regents shall pay all registration fees, laboratory fees and expenses for required textbooks and course materials assessed against or incurred by a dependent child of:

     (a) A police officer, firefighter or officer of the Nevada Highway Patrol who was killed in the line of duty; or

     (b) A volunteer ambulance driver or attendant who was killed while engaged as a volunteer ambulance driver or attendant,

Ê for classes taken towards satisfying the requirements of an undergraduate degree at a school within the System. No such payment may be made for any fee assessed after the child reaches the age of 23 years.

     2.  There is hereby created in the State [Treasury] General Fund a Trust [Fund] Account for the Education of Dependent Children. The Board of Regents shall administer the [Trust Fund.] Account. The Board of Regents may accept gifts and grants for deposit in the [Trust Fund.] Account. All money held by the State Treasurer or received by the Board of Regents for that purpose must be deposited in the [Trust Fund.] Account. The money in the [Trust Fund] Account must be invested as the money in other state [funds] accounts is invested. After deducting all applicable charges, all interest and income earned on the money in the [Trust Fund] Account must be credited to the [Trust Fund.]

 


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ê2011 Statutes of Nevada, Page 448 (Chapter 100, SB 74)ê

 

interest and income earned on the money in the [Trust Fund] Account must be credited to the [Trust Fund.] Account.

     3.  As used in this section:

     (a) “Firefighter” means a person who is a salaried employee or volunteer member of a fire prevention or suppression unit organized by a local government and whose principal duty is to control and extinguish fires.

     (b) “Local government” means a county, city, unincorporated town or metropolitan police department.

     (c) “Police officer” means a person who is a salaried employee of a police department or other law enforcement agency organized or operated by a local government and whose principal duty is to enforce the law.

     (d) “Volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

           (1) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

           (2) A political subdivision of this State.

     Sec. 20.  NRS 414.135 is hereby amended to read as follows:

     414.135  1.  There is hereby created in the State General Fund the Emergency Assistance [Subaccount within the Disaster Relief Account created pursuant to NRS 353.2735.] Account. Beginning with the fiscal year that begins on July 1, 1999, the State Controller shall, at the end of each fiscal year, transfer the interest earned during the previous fiscal year on the money in the Disaster Relief Account created pursuant to NRS 353.2735 to the [Subaccount] Emergency Assistance Account in an amount not to exceed $500,000.

     2.  The Division of Emergency Management of the Department of Public Safety shall administer the [Subaccount.] Emergency Assistance Account. The Division may adopt regulations authorized by this section before, on or after July 1, 1999.

     3.  Except as otherwise provided in paragraph (c), all expenditures from the [Subaccount] Emergency Assistance Account must be approved in advance by the Division. Except as otherwise provided in subsection 4, all money in the [Subaccount] Emergency Assistance Account must be expended:

     (a) To provide supplemental emergency assistance to this state or to local governments in this state that are severely and adversely affected by a natural, technological or human-caused emergency or disaster for which available resources of this state or the local government are inadequate to provide a satisfactory remedy;

     (b) To pay any actual expenses incurred by the Division for administration during a natural, technological or human-caused emergency or disaster; and

     (c) For any other purpose authorized by the Legislature.

     4.  Beginning with the fiscal year that begins on July 1, 1999, if any balance remains in the [Subaccount] Emergency Assistance Account at the end of a fiscal year and the balance has not otherwise been committed for expenditure, the Division may, with the approval of the Interim Finance Committee, allocate all or any portion of the remaining balance, not to exceed $250,000, to this state or to a local government to:

     (a) Purchase equipment or supplies required for emergency management;

     (b) Provide training to personnel related to emergency management; and

     (c) Carry out the provisions of NRS 392.600 to 392.656, inclusive.

 


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     5.  Beginning with the fiscal year that begins on July 1, 1999, the Division shall, at the end of each quarter of a fiscal year, submit to the Interim Finance Committee a report of the expenditures made from the [Subaccount] Emergency Assistance Account for the previous quarter.

     6.  The Division shall adopt such regulations as are necessary to administer the [Subaccount.] Emergency Assistance Account.

     7.  The Division may adopt regulations to provide for reimbursement of expenditures made from the [Subaccount.] Emergency Assistance Account. If the Division requires such reimbursement, the Attorney General shall take such action as is necessary to recover the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130, computed from the date on which the money was removed from the Disaster Relief Account, upon request by the Division.

     Sec. 21.  NRS 459.3824 is hereby amended to read as follows:

     459.3824  1.  The owner or operator of a facility shall pay to the Division an annual fee based on the fiscal year. The annual fee for each facility is the sum of a base fee set by the State Environmental Commission and any additional fee imposed by the Commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.

     2.  The State Environmental Commission may impose an additional fee upon the owner or operator of a facility in an amount determined by the Commission to be necessary to enable the Division to carry out its duties pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto. The additional fee must be based on a graduated schedule adopted by the Commission which takes into consideration the quantity of hazardous substances located at each facility.

     3.  After the payment of the initial annual fee, the Division shall send the owner or operator of a facility a bill in July for the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.

     4.  The State Environmental Commission may modify the amount of the annual fee required pursuant to this section and the timing for payment of the annual fee:

     (a) To include consideration of any fee paid to the Division for a permit to construct a new process or commence operation of a new process pursuant to NRS 459.3829; and

     (b) If any regulations adopted pursuant to NRS 459.380 to 459.3874, inclusive, require such a modification.

     5.  The owner or operator of a facility shall submit, with any payment required by this section, the business license number assigned by the Secretary of State upon compliance by the owner with the provisions of chapter 76 of NRS.

     6.  All fees, fines, penalties and other money collected pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto, other than a fine collected pursuant to subsection 3 of NRS 459.3834, must be deposited with the State Treasurer for credit to the [Fund] Account for Precaution Against Chemical Accidents, which is hereby created [as a special revenue fund.] in the State General Fund. All interest earned on the money in the [Fund] Account must be credited to the [Fund.] Account.

 


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ê2011 Statutes of Nevada, Page 450 (Chapter 100, SB 74)ê

 

     Sec. 22.  NRS 480.810 is hereby amended to read as follows:

     480.810  1.  The [Fund] Account for Reentry Programs is hereby created in the State [Treasury as a special revenue fund, to] General Fund. The Account must be administered by the Director or a designee of the Director.

     2.  The Director or designee may apply for and accept any gift, donation, bequest, grant or other source of money for the use of the [Fund.] Account.

     3.  All money received for the use of the [Fund] Account pursuant to subsection 2 or NRS 209.4889 or from any other source must be deposited [in] with the State [Treasury] Treasurer for credit to the [Fund.] Account.

     4.  All expenditures from the [Fund] Account must be approved by the Director or designee, in accordance with procedures established by regulation by the Director. The Director may designate an advisory group to assist in the preparation of such procedures. The money in the [Fund] Account may be expended only to pay necessary administrative costs and to pay for programs for reentry of persons into the community upon their release from incarceration, including, without limitation, judicial programs, training programs and programs for the treatment of addiction.

     5.  The interest and income earned on the money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.] Account. All claims against the [Fund] Account must be paid as other claims against the State are paid.

     6.  To the extent money is available in the [Fund,] Account, the Director or designee may enter into one or more contracts with one or more public or private entities to provide services to persons participating in a program for reentry into the community upon their release from incarceration.

     Sec. 23.  NRS 534.360 is hereby amended to read as follows:

     534.360  1.  There is hereby created in the State [Treasury a fund to be] General Fund an account designated as the Water Rights Technical Support [Fund to] Account. The Account must be administered by the Board for Financing Water Projects.

     2.  The Water Rights Technical Support [Fund] Account is a continuing [fund] account without reversion. Money in the [Fund] Account must be invested as the money in other [funds] state accounts is invested. The interest and income earned on the money in the [Fund,] Account, after deducting any applicable charges, must be credited to the [Fund.] Account. Claims against the [Fund] Account must be paid as other claims against the State are paid.

     3.  The Board for Financing Water Projects may accept gifts, grants and donations from any source for deposit in the Water Rights Technical Support [Fund.] Account.

     4.  Except as otherwise provided in subsection 5, money in the Water Rights Technical Support [Fund] Account must be used by the Board for Financing Water Projects only to make grants to a local government to:

     (a) Obtain and provide expert and technical assistance to gather data to protect its existing water rights; or

     (b) Fund projects to enhance or protect its existing water rights.

     5.  Any grant of money from the Water Rights Technical Support [Fund] Account must not be used by a local government to pay for any assistance or projects as set forth in subsection 4 if the only purpose of the assistance or project is to obtain evidence, including, without limitation, technical evidence and oral testimony or to pay for expert witnesses or attorney’s fees for or in anticipation of any administrative or judicial proceeding, including, without limitation, hearings before the State Engineer or in any state or federal court.

 


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ê2011 Statutes of Nevada, Page 451 (Chapter 100, SB 74)ê

 

technical evidence and oral testimony or to pay for expert witnesses or attorney’s fees for or in anticipation of any administrative or judicial proceeding, including, without limitation, hearings before the State Engineer or in any state or federal court.

     Sec. 24.  NRS 645F.270 is hereby amended to read as follows:

     645F.270  1.  The [Fund] Account for Mortgage Lending is hereby created in the State [Treasury as a special revenue fund.] General Fund.

     2.  Except as otherwise provided by law, any money collected by the Commissioner or Division pursuant to law:

     (a) Must be deposited in the [Fund] Account for Mortgage Lending; and

     (b) May only be used to:

           (1) Carry out the programs and laws administered by the Commissioner and the Division; and

           (2) Pay the expenses related to the operations of the Commissioner and the Division.

     3.  Except as otherwise provided by law, any money that remains in the [Fund] Account for Mortgage Lending at the end of the fiscal year does not revert to the State General Fund, and the balance of the [Fund] Account for Mortgage Lending must be carried forward to the next fiscal year.

     4.  The Commissioner shall administer the [Fund] Account for Mortgage Lending. Any interest or income earned on the money in the [Fund] Account must be credited to the [Fund] Account after deducting any applicable charges. Any claims against the [Fund] Account must be paid as other claims against the State are paid.

     Sec. 25.  NRS 701.370 is hereby amended to read as follows:

     701.370  1.  The Trust [Fund] Account for Renewable Energy and Energy Conservation is hereby created in the State [Treasury.] General Fund.

     2.  The Authority shall administer the [Fund.] Account. As administrator of the [Fund,] Account, the Authority:

     (a) Shall maintain the financial records of the [Fund;] Account;

     (b) Shall invest the money in the [Fund] Account as the money in other state [funds] accounts is invested;

     (c) Shall manage any [account] subaccount associated with the [Fund;] Account;

     (d) Shall maintain any instruments that evidence investments made with the money in the [Fund;] Account;

     (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

     (f) May perform any other duties that are necessary to administer the [Fund.] Account.

     3.  The interest and income earned on the money in the [Fund] Account must, after deducting any applicable charges, be credited to the [Fund.] Account. All claims against the [Fund] Account must be paid as other claims against the State are paid.

     4.  Not more than 2 percent of the money in the [Fund] Account may be used to pay the costs of administering the [Fund.] Account.

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

     6.  All money that is deposited or paid into the [Fund] Account may only be expended pursuant to an allocation made by the Authority. Money expended from the [Fund] Account must not be used to supplant existing methods of funding that are available to public agencies.

 


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ê2011 Statutes of Nevada, Page 452 (Chapter 100, SB 74)ê

 

expended from the [Fund] Account must not be used to supplant existing methods of funding that are available to public agencies.

     Sec. 26.  NRS 701.575 is hereby amended to read as follows:

     701.575  1.  The [Fund] Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans is hereby created [.] in the State General Fund. The Director shall administer the [Fund.] Account.

     2.  The account to fund activities, other than projects, authorized by the American Recovery and Reinvestment Act, to be known as the Account for Set-Aside Programs, is hereby created in the Fund for the Municipal Bond Bank.

     3.  The money in the [Fund] Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs may be used only for the purposes set forth in the American Recovery and Reinvestment Act.

     4.  All claims against the [Fund] Account for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs must be paid as other claims against the State are paid.

     5.  The faith of the State is hereby pledged that the money in the Account [for the Revolving Fund] for Renewable Energy, Energy Efficiency and Energy Conservation Loans and the Account for Set-Aside Programs will not be used for purposes other than those authorized by the American Recovery and Reinvestment Act.

     Sec. 27.  NRS 706.1516 is hereby amended to read as follows:

     706.1516  1.  The Nevada Transportation Authority Regulatory [Fund] Account is hereby created [as a special revenue fund.] in the State General Fund. All money collected by the Authority pursuant to law must be deposited [in] with the State [Treasury] Treasurer for credit to the [Fund.] Account.

     2.  Money in the [Fund] Account may be used only to defray the costs of:

     (a) Maintaining staff and equipment needed to regulate adequately persons subject to the jurisdiction of the Authority.

     (b) Participating in all proceedings relevant to the jurisdiction of the Authority.

     (c) Audits, inspections, investigations, publication of notices, reports and retaining consultants connected with that maintenance and participation.

     (d) The salaries, travel expenses and subsistence allowances of the members of the Authority.

     3.  All claims against the [Fund] Account must be paid as other claims against the State are paid.

     4.  The Authority must furnish upon request a statement showing the balance remaining in the [Fund] Account as of the close of the preceding fiscal year.

     Sec. 28.  1.  The State Controller shall, if necessary to carry out the provisions of this act, cause the transfer of any money between funds and accounts whose designations are changed by the provisions of this act.

     2.  All rights and liabilities of a fund or account whose designation is changed by the provisions of this act are not affected by the change in designation and remain the rights and liabilities of the fund or account as newly designated.

 


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ê2011 Statutes of Nevada, Page 453 (Chapter 100, SB 74)ê

 

     Sec. 29.  1.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any reference to a fund or account whose designation has been changed pursuant to the provisions of this act.

     2.  Any reference in a bill or resolution passed by the 76th Session of the Nevada Legislature to a fund or account whose designation is changed pursuant to the provisions of this act shall be deemed to refer to the fund or account by its changed designation.

     Sec. 30.  1.  This section and sections 1 to 17, inclusive, and sections 19 to 29, inclusive, of this act become effective upon passage and approval.

     2.  Section 18 of this act becomes effective on July 1, 2011.

________

CHAPTER 101, SB 81

Senate Bill No. 81–Committee on Government Affairs

 

CHAPTER 101

 

[Approved: May 24, 2011]

 

AN ACT relating to state financial administration; revising the statutes of limitation for the State Controller to take action regarding the collection of certain debts owed to state agencies; providing for the electronic payment of certain payments; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law sets forth statutes of limitation for when the State Controller may take certain action to collect debts owed to the State. (NRS 353C.140, 353C.170, 353C.180, 353C.210) Sections 4-7 of this bill amend those statutes of limitation.

       Section 8 of this bill requires the State Controller to pay accounts payable electronically unless doing so would cause undue hardship to the payee.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1-3.  (Deleted by amendment.)

     Sec. 4.  NRS 353C.140 is hereby amended to read as follows:

     353C.140  If a person has not paid a debt that the person owes to an agency, the Attorney General, upon the request of the State Controller:

     1.  Except as otherwise provided in this section, shall bring an action in a court of competent jurisdiction; or

     2.  If the action is a small claim subject to chapter 73 of NRS, may bring an action in a court of competent jurisdiction,

Ê on behalf of this state to collect the debt, plus any applicable penalties and interest. The action must be brought not later than 4 years after the date on which the debt became due or within [5] 4 years after the date on which a certificate of liability was last recorded pursuant to NRS 353C.180, as appropriate.

 


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ê2011 Statutes of Nevada, Page 454 (Chapter 101, SB 81)ê

 

     Sec. 5.  NRS 353C.170 is hereby amended to read as follows:

     353C.170  1.  An abstract of the judgment entered pursuant to NRS 353C.160, or a copy thereof, may be recorded in the office of the county recorder of any county.

     2.  From the time of its recordation, the judgment becomes a lien upon all real and personal property situated in the county that is owned by the judgment debtor, or which the debtor may afterward acquire, until the lien expires. The lien has the force, effect and priority of a judgment lien and continues for [5] 4 years after the date of the judgment so entered by the court clerk unless sooner released or otherwise discharged.

     3.  Within [5] 4 years after the date of the recording of the judgment or within [5] 4 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording an affidavit of renewal in the office of the county recorder. From the date of recording, the lien is extended for [5] 4 years to all real and personal property situated in the county that is owned by the judgment debtor or acquired by the judgment debtor afterwards, unless the lien is sooner released or otherwise discharged.

     Sec. 6.  NRS 353C.180 is hereby amended to read as follows:

     353C.180  1.  In addition to any other remedy provided for in this chapter, the State Controller may, within 4 years after the date that a debt becomes due, record a certificate of liability in the office of a county recorder which states:

     (a) The amount of the debt, together with any interest or penalties due thereon;

     (b) The name and address of the debtor, as the name and address of the debtor appear on the records of the State Controller;

     (c) That the State Controller has complied with all procedures required by law for determining the amount of the debt; and

     (d) That the State Controller has notified the debtor in accordance with subsection 2.

     2.  The State Controller shall, not less than 15 days before the date on which he or she intends to file the certificate, notify the debtor of the State Controller’s intention to file the certificate. The notification must be sent by certified mail to the last known address of the debtor and must include the name of the agency to which the debt is owed, the amount sought to be recovered and the date on which the certificate will be filed with the county recorder.

     3.  From the time of the recording of the certificate, the amount of the debt, including interest which accrues on the debt after the recording of the certificate, constitutes a lien upon all real and personal property situated in the county in which the certificate was recorded that is owned by the debtor or acquired by the debtor afterwards and before the lien expires. The lien has the force, effect and priority of a judgment lien on all real and personal property situated in the county in which the certificate was recorded and continues for [5] 4 years after the date of recording unless sooner released or otherwise discharged.

     4.  Within [5] 4 years after the date of the recording of the certificate or within [5] 4 years after the date of the last extension of the lien pursuant to this subsection, the lien may be extended by recording a new certificate in the office of the county recorder. From the date of recording, the lien is extended for [5] 4 years to all real and personal property situated in the county that is owned by the debtor or acquired by the debtor afterwards, unless the lien is sooner released or otherwise discharged.

 


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ê2011 Statutes of Nevada, Page 455 (Chapter 101, SB 81)ê

 

county that is owned by the debtor or acquired by the debtor afterwards, unless the lien is sooner released or otherwise discharged.

     Sec. 7.  NRS 353C.210 is hereby amended to read as follows:

     353C.210  1.  Notwithstanding any specific statute to the contrary, the State Controller may, in addition to any other remedy provided for in this chapter, give notice of the amount of a debt owed to this State and a demand to transmit to any person, including, without limitation, any officer, agency or political subdivision of this state, who has in his or her possession or under his or her control any credits or other personal property belonging to the debtor or who owes any debts to the debtor that remain unpaid. The notice and demand to transmit must be delivered personally or by certified or registered mail:

     (a) Not later than 4 years after the debt became due; or

     (b) Not later than [6] 4 years after the last recording of an abstract of judgment pursuant to NRS 353C.170 or a certificate of liability pursuant to NRS 353C.180.

     2.  If such notice is given to an officer or agency of this state, the notice must be delivered before the State Controller may file a claim pursuant to NRS 353C.190 on behalf of the debtor.

     3.  An agency that receives a notice and demand to transmit pursuant to this section may satisfy any debt owed to it by the debtor before it honors the notice and demand to transmit. If the agency is holding a bond or other property of the debtor as security for debts owed or that may become due and owing by the debtor, the agency is not required to transmit the amount of the bond or other property unless the agency determines that holding the bond or other property of the debtor as security is no longer required.

     4.  Except as otherwise provided by specific statute, a person who receives a demand to transmit pursuant to this section shall not thereafter transfer or otherwise dispose of the credits or other personal property of, or debts owed to, the person who is the subject of the demand to transmit without the consent of the State Controller.

     5.  Except as otherwise provided by specific statute, a person who receives a demand to transmit pursuant to this section shall, within 10 days thereafter, inform the State Controller of, and transmit to the State Controller within the time and in the manner requested by the State Controller, all credits or other personal property in his or her possession or control that belong to, and all debts that he or she owes to, the person who is the subject of the demand to transmit. Except as otherwise provided in subsection 6, no further notice is required to be served on such persons.

     6.  Except as otherwise provided by specific statute, if the property of the debtor consists of a series of payments owed to the debtor, the person who owes or controls the payments shall transmit the payments to the State Controller until otherwise notified by the State Controller. If the debt of the debtor is not paid within 1 year after the date on which the State Controller issued the original demand to transmit, the State Controller shall:

     (a) Issue another demand to transmit to the person responsible for making the payments that informs the person to continue transmitting payments to the State Controller; or

     (b) Notify the person that his or her duty to transmit the payments to the State Controller has ceased.

     7.  If the notice and demand to transmit is intended to prevent the transfer or other disposition of a deposit in a bank or other depository institution, or of any other credit or personal property in the possession or under the control of the bank or depository institution, the notice must be delivered or mailed to any branch or office of the bank or depository institution at which the deposit is carried or the credit or personal property is held.

 


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ê2011 Statutes of Nevada, Page 456 (Chapter 101, SB 81)ê

 

institution, or of any other credit or personal property in the possession or under the control of the bank or depository institution, the notice must be delivered or mailed to any branch or office of the bank or depository institution at which the deposit is carried or the credit or personal property is held.

     8.  If any person to whom the State Controller delivers a notice and demand to transmit transfers or otherwise disposes of any property or debts required by this chapter to be transmitted to the State Controller, the person is, to the extent of the value of the property or the amount of the debts so transferred or disposed of, liable to the State Controller for any portion of the debt that the State Controller is unable to collect from the debtor solely by reason of the transfer or other disposition of the property or debt.

     9.  A debtor who owes a debt to an agency for which the State Controller delivers a notice and demand to transmit concerning the debtor pursuant to this section is entitled to an administrative hearing before that agency to challenge the collection of the debt pursuant to the demand to transmit. Each agency may adopt such regulations as are necessary to provide an administrative hearing for the purposes of this subsection.

     Sec. 8.  Chapter 227 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in subsection 2, the State Controller shall pay an account payable electronically.

     2.  Upon application of a payee or the payee’s representative, the State Controller may waive the requirements of subsection 1 if the State Controller determines that the electronic payment of an account payable would cause the payee to suffer undue hardship or extreme inconvenience.

     3.  The State Controller may adopt such regulations as are necessary or advisable to carry out the provisions of this section.

     Sec. 9.  NRS 227.200 is hereby amended to read as follows:

     227.200  The State Controller shall:

     1.  Draw a warrant in favor of any person or governmental payee certified by an agency of state government to receive money from the treasury and deliver or mail the warrant to the State Treasurer who shall sign the warrant and:

     (a) [Deliver or mail the countersigned warrant,] Except as otherwise provided in section 8 of this act, if it is for payment of an account payable, [directly to] electronically pay the payee or the payee’s representative;

     (b) If it is for payment of an employee:

           (1) Deliver or mail the warrant to the employee or to the appropriate state agency for distribution; or

           (2) Deposit the warrant to the credit of the employee by direct deposit at a bank or credit union in which the employee has an account, if the employee has authorized the direct deposit; or

     (c) Deposit the warrant to the credit of the payee through a funds transfer.

     2.  Keep a warrant register, in which the State Controller shall enter all warrants drawn by him or her. The arrangement of this book must be such as to show the bill and warrant number, the amount, out of which fund the warrants are payable, and a distribution of the warrants under the various appropriations.

     3.  Credit the State Treasurer with all warrants paid.

     Sec. 10.  (Deleted by amendment.)

 


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ê2011 Statutes of Nevada, Page 457 (Chapter 101, SB 81)ê

 

     Sec. 11.  NRS 333.450 is hereby amended to read as follows:

     333.450  1.  [All] Except as otherwise provided in section 8 of this act, claims for supplies, materials, equipment and services purchased pursuant to the provisions of this chapter must, when approved by the Chief, be paid in the same manner as other claims against the State are required to be paid.

     2.  The Chief shall annually assess each using agency a fee for the procurement and inventory services provided by the Purchasing Division to the using agency. The fee must be based on the using agency’s use of the procurement and inventory services of the Purchasing Division during preceding years. The Chief shall adjust the formula for calculating the fee each biennium.

     3.  If an agency is not a using agency, the Chief shall assess a fee of not more than the cost to the Division to process the order for the agency.

     4.  The Chief may adopt regulations to carry out the provisions of this section.

     Sec. 12.  This act becomes effective upon passage and approval.

________

CHAPTER 102, SB 114

Senate Bill No. 114–Committee on Health and Human Services

 

CHAPTER 102

 

[Approved: May 24, 2011]

 

AN ACT relating to controlled substances; requiring certain reports made by the Investigation Division of the Department of Public Safety to be transmitted to the Legislative Committee on Health Care; authorizing the exchange of certain information concerning controlled substances with other states under certain circumstances; providing civil and criminal immunity to certain persons who provide to the State Board of Pharmacy and the Division certain information concerning controlled substances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill requires the Investigation Division of the Department of Public Safety to provide to the Legislative Committee on Health Care a copy of the annual report concerning the distribution and abuse of controlled substances.

       Existing law requires the State Board of Pharmacy and the Division to develop a computerized system to track prescriptions for controlled substances listed in schedules II, III and IV. (NRS 453.1545) Section 2 of this bill authorizes the Board and the Division to enter into a written agreement with an appropriate agency in another state to provide, receive or exchange information obtained from Nevada’s computerized system with a similar system to track prescriptions for controlled substances in that state. Section 2 also provides immunity from criminal and civil liability for certain persons who, with reasonable care, provide to the Division or Board reports or information related to the computerized system.

 


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ê2011 Statutes of Nevada, Page 458 (Chapter 102, SB 114)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 453.154 is hereby amended to read as follows:

     453.154  1.  In this section, “diversion” means the transfer of a controlled substance from a lawful to an unlawful channel of distribution or use.

     2.  The Division shall regularly prepare and make available to other state regulatory, licensing and law enforcement agencies a report on the patterns and trends of distribution, diversion and abuse of controlled substances.

     3.  The Board and the Division may enter into written agreements with local, state and federal agencies to improve identification of sources of diversion and to improve enforcement of and compliance with NRS 453.011 to 453.348, inclusive, and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent or control diversion and abuse of controlled substances. The Board and the Division may convene periodic meetings to coordinate a state program to prevent and control diversion. The Board and the Division may arrange for cooperation and exchange of information among agencies and with other states and the Federal Government.

     4.  The Division shall report annually to the Governor and the Legislative Committee on Health Care and biennially to the presiding officer of each house of the Legislature on the outcome of the program with respect to its effect on distribution and abuse of controlled substances, including recommendations for improving control and prevention of the diversion of controlled substances in this State.

     Sec. 2.  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.

     (d) Include the contact information of each person who elects to access the database of the program pursuant to subsection 2, including, without limitation:

 


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           (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 Internet access to the database of the program established pursuant to subsection 1 to 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.] 7.

     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.  The Board and the Division may cooperatively enter into a written agreement with an agency of any other state to provide, receive or exchange information obtained by the program with a program established in that state which is substantially similar to the program established pursuant to subsection 1, including, without limitation, providing such state access to the database of the program or transmitting information to and receiving information from such state. Any information provided, received or exchanged as part of an agreement made pursuant to this section may only be used in accordance with the provisions of this chapter.

     6.  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 behalf of that person by his or her attorney; or

     (b) Upon the lawful order of a court of competent jurisdiction.

     [6.] 7.  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 the person is provided with Internet access to the database pursuant to subsection 2.

     [7.] 8.  A practitioner who is authorized to write prescriptions for each person who is authorized to dispense controlled substances listed in schedule II, III or IV who acts with reasonable care when transmitting to the Board or the Division a report or information required by this section or a regulation adopted pursuant thereto is immune from civil and criminal liability relating to such action.

     9.  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.

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CHAPTER 103, SB 131

Senate Bill No. 131–Committee on Health and Human Services

 

CHAPTER 103

 

[Approved: May 24, 2011]

 

AN ACT relating to public health; prescribing priorities for the Health Division of the Department of Health and Human Services to consider when contracting with laboratories to perform certain tests of infants; authorizing the State Board of Health to require the Health Division to provide for services of laboratories to perform certain tests of infants; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the State Board of Health, upon recommendation of the State Health Officer, to adopt regulations governing the examination and testing of infants to discover preventable or inheritable disorders. (NRS 442.008)

       Section 3 of this bill authorizes the State Board of Health to require the Health Division of the Department of Health and Human Services to provide for the services of a laboratory to perform tests of infants. Section 1 of this bill requires the Health Division, when contracting for such services, to give first priority to the State Public Health Laboratory, second priority to any other qualified laboratory in this State and third priority to any qualified laboratory outside of this State that is capable of performing the tests.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

     1.  Except as otherwise provided in this section, if the State Board of Health requires the Health Division to provide for the services of a laboratory to determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008, the Health Division shall contract with a laboratory in the following order of priority:

     (a) The State Public Health Laboratory;

     (b) Any other qualified laboratory located within this State; or

     (c) Any qualified laboratory located outside of this State.

     2.  The Health Division shall not contract with a laboratory in a lower category of priority unless the Health Division determines that:

     (a) A laboratory in a higher category of priority is not capable of performing all the tests required to determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008; or

     (b) The cost to the Health Division to contract with a laboratory in a higher category of priority is not financially reasonable or exceeds the amount of money available for that purpose.

     3.  For the purpose of determining the category of priority of a laboratory only, the Health Division is not required to comply with any requirement of competitive bidding or other restriction imposed on the procedure for awarding a contract.

 


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     Sec. 2.  NRS 442.003 is hereby amended to read as follows:

     442.003  As used in this chapter, unless the context requires otherwise:

     1.  “Advisory Board” means the Advisory Board on Maternal and Child Health.

     2.  “Department” means the Department of Health and Human Services.

     3.  “Director” means the Director of the Department.

     4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

     5.  “Health Division” means the Health Division of the Department.

     6.  “Laboratory” has the meaning ascribed to it in NRS 652.040.

     7.  “Obstetric center” has the meaning ascribed to it in NRS 449.0155.

     [7.] 8.  “Provider of health care or other services” means:

     (a) A clinical alcohol and drug abuse counselor who is licensed, or an alcohol and drug abuse counselor who is licensed or certified, pursuant to chapter 641C of NRS;

     (b) A physician or a physician assistant who is licensed pursuant to chapter 630 or 633 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;

     (c) A licensed nurse;

     (d) A licensed psychologist;

     (e) A licensed marriage and family therapist;

     (f) A licensed clinical professional counselor;

     (g) A licensed social worker; or

     (h) The holder of a certificate of registration as a pharmacist.

     Sec. 3.  NRS 442.008 is hereby amended to read as follows:

     442.008  1.  The State Board of Health, upon the recommendation of the State Health Officer [, shall] :

     (a) Shall adopt regulations governing examinations and tests required for the discovery in infants of preventable or inheritable disorders, including tests for the presence of sickle cell anemia [.] ; and

     (b) May require the Health Division to provide for the services of a laboratory in accordance with section 1 of this act to determine the presence of certain preventable or inheritable disorders in an infant pursuant to this section.

     2.  Any physician, midwife, nurse, obstetric center or hospital of any nature attending or assisting in any way any infant, or the mother of any infant, at childbirth shall make or cause to be made an examination of the infant, including standard tests, to the extent required by regulations of the State Board of Health as is necessary for the discovery of conditions indicating such disorders.

     3.  If the examination and tests reveal the existence of such conditions in an infant, the physician, midwife, nurse, obstetric center or hospital attending or assisting at the birth of the infant shall immediately:

     (a) Report the condition to the State Health Officer or the representative of the State Health Officer, the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and

     (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.

     4.  An infant is exempt from examination and testing if either parent files a written objection with the person or institution responsible for making the examination or tests.

 


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ê2011 Statutes of Nevada, Page 462 (Chapter 103, SB 131)ê

 

     Sec. 4.  1.  The provisions of section 1 of this act do not apply to any contract entered into before the effective date of this act between the Health Division of the Department of Health and Human Services and a laboratory for the provision of services to determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008.

     2.  Any contract entered into on or after the effective date of this act between the Health Division and a laboratory for the provision of such services pursuant to NRS 442.008 must comply with the provisions of section 1 of this act.

     Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 104, SB 232

Senate Bill No. 232–Senators Lee; and McGinness

 

Joint Sponsor: Assemblyman Hammond

 

CHAPTER 104

 

[Approved: May 24, 2011]

 

AN ACT relating to land use planning; removing certain tracts of local governmental and private land from the state definition of the Spring Mountains National Recreation Area; providing that such tracts may only be used for facilities and operations related to outdoor recreational activities; prohibiting a local government from authorizing certain types of development on such tracts; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing state law defines the boundaries of the Spring Mountains National Recreation Area. (Section 7 of chapter 198, Statutes of Nevada 2009, pp. 735-36) Within the boundaries of the Spring Mountains National Recreation Area, local governments are restricted from exercising certain powers of land use and zoning. (NRS 244.154, 268.105, 269.617, 278.0239)

       This bill removes four tracts of nonfederal land from the defined boundaries of the Spring Mountains National Recreation Area. This bill also provides that such tracts may only be used for facilities and operations related to outdoor recreational activities. Finally, this bill prohibits a local government from authorizing any of the following on such tracts: (1) certain types of transient lodging; (2) gas stations; (3) grocery stores; (4) restaurant franchises; and (5) residential development of more than 1 home per 2 acres.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Section 7 of chapter 198, Statutes of Nevada 2009, at page 735, is hereby amended to read as follows:

      Sec. 7.  [As]

 


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ê2011 Statutes of Nevada, Page 463 (Chapter 104, SB 232)ê

 

      1.  Except as otherwise provided in subsection 2, as used in this act, “Spring Mountains National Recreation Area” means the following tracts of land:

      [1.] (a) All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 17 South, Range 53 East, MDM;

      [2.] (b) The west half of section 3, all of sections 4, 5, 6, 7, 8 and 9, the west half of section 10 and all of sections 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Township 17 South, Range 54 East, MDM;

      [3.] (c) All of sections 16, 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36, Township 17 South, Range 55 East, MDM;

      [4.] (d) All of section 31, Township 17 South, Range 56 East, MDM;

      [5.] (e) All of section 1, Township 18 South, Range 53 East, MDM;

      [6.] (f) All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36, Township 18 South, Range 54 East, MDM;

      [7.] (g) All of Township 18 South, Range 55 East, MDM;

      [8.] (h) All of Township 18 South, Range 56 East, MDM;

      [9.] (i) All of sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 18 South, Range 57 East, MDM;

      [10.] (j) All of sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14 and 15, Township 19 South, Range 54 East, MDM;

      [11.] (k) All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18, the east half of section 20 and all of sections 21, 22, 23, 24, 25, 26, 27, 34, 35 and 36, Township 19 South, Range 55 East, MDM;

      [12.] (l) All of Township 19 South, Range 56 East, MDM;

      [13.] (m) All of Township 19 South, Range 57 East, MDM;

      [14.] (n) All of sections 6, 7, 18, 19, 30 and 31, Township 19 South, Range 58 East, MDM;

      [15.] (o) All of sections 1, 2, 3, 10, 11, 12, 13, 14, 24 and 25, Township 20 South, Range 55 East, MDM;

      [16.] (p) All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35 and 36, Township 20 South, Range 56 East, MDM;

      [17.] (q) All of sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 20 South, Range 57 East, MDM;

      [18.] (r) All of sections 6 and 7, Township 20 South, Range 58 East, MDM;

      [19.] (s) All of sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35 and 36, Township 21 South, Range 56 East, MDM;

      [20.] (t) All of sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, 34 and 35, Township 21 South, Range 57 East, MDM;

      [21.] (u) All of sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 35 and 36, Township 22 South, Range 57 East, MDM;

 


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ê2011 Statutes of Nevada, Page 464 (Chapter 104, SB 232)ê

 

      [22.] (v) All of section 19, all of section 20 except the northeast quarter and all of sections 29 and 30, Township 22 South, Range 58 East, MDM;

      [23.] (w) All of sections 1, 2, 11, 12, 13, 14, 24 and 25, Township 23 South, Range 57 East, MDM; and

      [24.] (x) All of sections 7, 8, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29 and 30, Township 23 South, Range 58 East, MDM.

      2.  “Spring Mountains National Recreation Area” does not include the following tracts of land:

      (a) Clark County Parcel: Beginning at a point 500 feet south of the north quarter corner of section 10, Township 19 South, Range 56 East, MDM, and running thence west 871.20 feet; thence south 250 feet; thence east 871.20 feet; thence north 250 feet to the point of beginning.

      (b) Parcel I: That portion of the south half (S 1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4) and that portion of the northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of section 3, Township 19 South, Range 56 East, MDM, according to the original survey of Township 19 South, Range 56 East, MDM, approved October 14, 1881 (said approved parcels now being a portion of Government Tract 40 according to independent resurvey of Township 19 South, Range 56 East, approved January 25, 1939), lying northerly of the northwest line of State Highway Route No. 52, the whole of which is more particularly described as follows: Beginning at the point of intersection of the aforementioned northeast line of State Highway Route No. 52 with the west line of said Tract 40; thence north 39°39′ east a distance of 697.67 feet to tan angle point of said northwest line; thence north 40°50′24″ east a distance of 90.00 feet to a point; thence on a straight line to the northwest corner of the aforementioned south half (S 1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4) of said section 3, said point also being a point on the west line of said Tract 40; thence southerly along the last mentioned west line to the point of beginning.

      (c) Parcel II: All that portion of the south half (S 1/2) of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4), together with all of that portion of the northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of section 3, Township 19 South, Range 56 East, MDM, according to the original survey of Township 19 South, Range 56 East, MDM, approved October 14, 1881 (said parcel now being a portion of Government Tract 40 according to independent resurvey of Township 19 South, Range 56 East, approved January 25, 1939), lying southerly of the southwest line of State Highway Route No. 52.

           (1) Excepting therefrom all of said land lying within the boundaries of Camp Lady of the Snows, as shown by map thereof on file in Book 5 of Plats, Page 45, in the Office of the County Recorder of Clark County, Nevada.

           (2) Further excepting therefrom that portion of Government Tract 40 according to independent resurvey of Township 19 South, Range 56 East, MDM, approved January 25, 1939, described as follows: Commencing at that certain corner common to sections 2, 3, 10 and 11, Township 19 South, Range 56 East, MDM; thence north 72(23′27″ east, 482.61 feet to corner no.

 


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ê2011 Statutes of Nevada, Page 465 (Chapter 104, SB 232)ê

 

sections 2, 3, 10 and 11, Township 19 South, Range 56 East, MDM; thence north 72°23′27″ east, 482.61 feet to corner no. 4 of said Tract, the true point of beginning; thence north along the boundary line of said Tract 40, 659 feet to a point on the southeasterly right-of-way line of State Highway Route No. 52; thence north 39°39′ east along said right-of-way line 568 feet; thence south 50°21′ east 200 feet; thence north 39°39′ east 100 feet; thence south 32°40′ east 308 feet to a point on the boundary line of Block 1 of Camp Lady of the Snows, as shown in Book 5 of Plats, Page 45, Clark County, Nevada Records; thence following said boundary line the following courses and distances: south 57°35′ west 90 feet; south 28°43′ west 261 feet; south 29°40′ west 276 feet; south 1°45′ west 155 feet; south 10°24′ east 131 feet; thence leaving said boundary line, west 443.5 feet to the true point of beginning.

           (3) Further excepting therefrom that portion of Government Tract 40 according to independent resurvey of Township 19 South, Range 56 East, MDM, approved January 25, 1939, more particularly described as follows: Commencing at G.L.O. brass cap common to sections 2, 3, 10 and 11, Township 19 South, Range 56 East, MDM; thence north 72°23′27″ east a distance of 482.61 feet to the brass cap for corner no. 4 of Tract 40; thence due north 659 feet to the intersection of the highway right-of-way; thence along highway right-of-way which bears north 39°39′ east a distance of 538 feet to the center of entering road to Camp Lady of the Snows Recreation Ground; thence continuing on this bearing a distance of 30 feet to the true point of beginning; thence south 18°35′ a distance of 200 feet; thence north 39°39′ east a distance of 100 feet; thence north 18°35′ west a distance of 200 feet to highway right-of-way on east side of highway; thence south 39°39′ west along highway right-of-way to the true point of beginning.

      (d) Parcel III: That portion of Tract 40 according to independent resurvey of a portion of section 2, Township 19 South, Range 56 East, MDM, approved January 25, 1939, Clark County, Nevada, described as follows: Commencing at the southwest corner of section 2 of said Township and Range; thence north 72°23′27″ east a distance of 482.61 feet to cap of said Tract 40; thence north along the west line of said Tract 40 a distance of 659 feet to a point on the easterly right-of-way line of State Highway 52; thence along said easterly right-of-way line north 39°39′ east a distance of 60 feet to the true point of beginning; thence right angles south 50°21′ east a distance of 162 feet to a point; thence south 64°30′31″ east 385.72 feet to a point on the westerly boundary line of Camp Lady of the Snows subdivision as shown by map thereof on file in Book 5 of Plats, Page 45, in the Office of the County Recorder of Clark County, Nevada; thence north 29°40′ east 101.02 feet to a point; thence continuing along said Camp Lady of the Snows westerly line north 28°43′ east a distance of 261.0 feet to a point; thence north 57°35′ east along said westerly line of said Camp Lady of the Snows to a point which is the most northerly corner of Lot 11, Block 1, of said Camp Lady of the Snows subdivision; thence north 36°31′57″ west a distance of 308+ feet; thence south 39°39′ west a distance of 100 feet; thence north 50°21′ west 35+ feet; thence south 39°39′ west a distance of 100 feet; thence north 18(35′ west 200 feet to a point on the easterly right-of-way line of said Highway 52; thence south 39(39′ west a distance of 500 feet to the true point of beginning.

 


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west a distance of 100 feet; thence north 18°35′ west 200 feet to a point on the easterly right-of-way line of said Highway 52; thence south 39°39′ west a distance of 500 feet to the true point of beginning.

           (1) Subject to an easement for a well site 25′ x 25′ square, the north and south lines of which are parallel with each other and run south 50°21′ east, and the center which are parallel with each other and run south 50°21′ east and the center of which square is an existing well located a point north 34°50′ east 984.30 feet from the southwest corner of said section 2.

           (2) Subject further to an easement for a public roadway and other purposes, 15 feet wide along the southerly boundary of the above described tract, commencing at said true point of beginning and running south 50°21′ east a distance of 130+ feet to a point on the southerly boundary of said tract which is south 39°39′ west from said existing well; thence as an easement 30 feet wide, the center line of which runs north 39°39′ east from said last described point to said well site.

           (3) Subject further to an easement for an existing water line 4 feet wide running southeasterly from said well site to a point on the southerly boundary line of said tract.

           (4) Subject further to an easement in favor of the defendant, his or her heirs and assigns, within the last described roadway easement, for a water line 4 feet wide along the center line of the roadway easements hereinabove described, plus a 4 feet wide easement from said well to said southerly boundary line, and plus a 4 feet wide easement running from said true point of beginning along the westerly boundary line of the above described tract and along the easterly right-of-way of said Highway 52, a distance of 508 feet.

     Sec. 2.  1.  Notwithstanding any provision of law to the contrary, a local government shall not, in regulating the use of those lands described in subsection 2 of section 7 of chapter 198, Statutes of Nevada 2009, at page 735, as amended by section 1 of this act, authorize any of the following:

     (a) A hotel, inn, motel, motor court, boardinghouse or lodging house.

     (b) A gas station retailer.

     (c) A store which is principally devoted to the sale of consumable products or food for human consumption off the premises of the store. The provisions of this paragraph do not prohibit the operation of a snack bar for the dispensing of foodstuffs and beverages.

     (d) A restaurant franchise.

     (e) Any residential development of more than 1 home per 2 acres.

     2.  Notwithstanding any provision of law to the contrary, the Nevada Gaming Commission shall not issue a license for any land described in subsection 2 of section 7 of chapter 198, Statutes of Nevada 2009, at page 735, as amended by section 1 of this act.

     3.  Notwithstanding any provision of law to the contrary, lands described in subsection 2 of section 7 of chapter 198, Statutes of Nevada 2009, at page 735, as amended by section 1 of this act, may only be used for facilities and operations related to outdoor recreational activities.

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ê2011 Statutes of Nevada, Page 467ê

 

CHAPTER 105, SB 280

Senate Bill No. 280–Senators Brower; Breeden, Manendo and McGinness

 

Joint Sponsors: Assemblymen Anderson; and Grady

 

CHAPTER 105

 

[Approved: May 24, 2011]

 

AN ACT relating to veterans; revising provisions governing the use of money from the Gift Account for Veterans; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, special fees collected from the issuance and renewal of certain special license plates are deposited into the Gift Account for Veterans and may be used only for the support of outreach programs and services for veterans and their families. (NRS 417.145, 482.3763, 482.3764) This bill revises the provisions governing the use of money from the Gift Account for Veterans to clarify that the Executive Director for Veterans’ Services is responsible for determining whether a particular use of money is allowable for the support of outreach programs or services for veterans and their families, or both.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 417.145 is hereby amended to read as follows:

     417.145  1.  The Veterans’ Home Account is hereby established in the State General Fund.

     2.  Money received from:

     (a) Payments made by the United States Department of Veterans Affairs for veterans who receive care in a veterans’ home;

     (b) Other payments for medical care and services;

     (c) Appropriations made by the Legislature for veterans’ homes;

     (d) Federal grants and other money received pursuant to paragraph (c) of subsection 1 of NRS 417.147;

     (e) Money collected pursuant to the schedule of rates established pursuant to subsection 2 of NRS 417.147 for occupancy of rooms at veterans’ homes; and

     (f) Except as otherwise provided in subsection 7, gifts of money and proceeds derived from the sale of gifts of personal property for the use of veterans’ homes, if the use of those gifts has not been restricted by the donor,

Ê must be deposited with the State Treasurer for credit to the Veterans’ Home Account.

     3.  Interest and income must not be computed on the money in the Veterans’ Home Account.

     4.  The Veterans’ Home Account must be administered by the Executive Director, with the advice of the administrators, and except as otherwise provided in paragraph (c) of subsection 1 of NRS 417.147, the money deposited in the Veterans’ Home Account may only be expended for:

     (a) The establishment, management, maintenance and operation of veterans’ homes;

 


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ê2011 Statutes of Nevada, Page 468 (Chapter 105, SB 280)ê

 

     (b) A program or service related to a veterans’ home;

     (c) The solicitation of other sources of money to fund a veterans’ home; and

     (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans’ home.

     5.  Except as otherwise provided in subsection 7, gifts of personal property for the use of veterans’ homes:

     (a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

     (b) May be used in kind if the gifts are not appropriate for conversion to money.

     6.  All money in the Veterans’ Home Account must be paid out on claims approved by the Executive Director as other claims against the State are paid.

     7.  The Gift Account for Veterans’ Homes is hereby established in the State General Fund. Gifts of money or personal property which the donor has restricted to one or more uses at a veterans’ home must be used only in the manner designated by the donor. Gifts of money which the donor has restricted to one or more uses at a veterans’ home must be deposited with the State Treasurer for credit to the Gift Account for Veterans’ Homes. The interest and income earned on the money in the Gift Account for Veterans’ Homes, after deducting any applicable charges, must be credited to the Gift Account for Veterans’ Homes. Any money remaining in the Gift Account for Veterans’ Homes at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

     8.  The Gift Account for Veterans is hereby created in the State General Fund. The Executive Director shall administer the Gift Account for Veterans. The money deposited in the Gift Account for Veterans pursuant to NRS 482.3764 may only be used for the support of outreach programs [and] or services for veterans and their families [.] , or both, as determined by the Executive Director. The interest and income earned on the money in the Gift Account for Veterans, after deducting any applicable charges, must be credited to the Gift Account for Veterans. All money in the Gift Account for Veterans must be paid out on claims approved by the Executive Director as other claims against the State are paid. Any money remaining in the Gift Account for Veterans at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

     9.  The Executive Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Gift Account for Veterans’ Homes and the Gift Account for Veterans.

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

________

 


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ê2011 Statutes of Nevada, Page 469ê

 

CHAPTER 106, SB 302

Senate Bill No. 302–Senator Hardy

 

CHAPTER 106

 

[Approved: May 24, 2011]

 

AN ACT relating to crimes; prohibiting the sale of black powder and smokeless gunpowder to certain persons; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under federal law, it is a crime for licensed importers, manufacturers, dealers or collectors of firearms or ammunition to sell or deliver any firearm or ammunition: (1) to a person who the licensee knows or reasonably believes is under 18 years of age; or (2) if the firearm is not a shotgun or rifle or the ammunition is not for use in a shotgun or rifle, to a person who the licensee knows or reasonably believes is under 21 years of age. (18 U.S.C. § 922(b)(1)) This bill similarly makes it unlawful for a person to distribute: (1) black powder to a person who is under 18 years of age; or (2) smokeless gunpowder to a person who is under 18 years of age or, if such smokeless gunpowder is not intended for use in a rifle or shotgun, to a person who is under 21 years of age. A person who violates any such provision is guilty of a misdemeanor, punishable by a fine of up to $500.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 476 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in subsection 2, any person who distributes:

     (a) Black powder to a person under the age of 18 years; or

     (b) Smokeless gunpowder to a person:

           (1) Under the age of 18 years; or

           (2) Under the age of 21 years, if the smokeless gunpowder is intended for use other than in a rifle or shotgun,

Ê is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

     2.  A person shall be deemed to be in compliance with the provisions of subsection 1 if, before the person distributes black powder or smokeless gunpowder to another person, the person:

     (a) Asks the other person to declare the intended use for the black powder or smokeless gunpowder;

     (b) Demands that the other person present a valid driver’s license or other written or documentary evidence which shows that the other person meets the appropriate age requirement set forth in subsection 1;

     (c) Is presented a valid driver’s license or other written or documentary evidence which shows that the other person meets the appropriate age requirement set forth in subsection 1; and

 


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ê2011 Statutes of Nevada, Page 470 (Chapter 106, SB 302)ê

 

     (d) Reasonably relies upon the declaration of intended use by the other person and the driver’s license or other written or documentary evidence presented by the other person.

     3.  As used in this section, “distribute” has the meaning ascribed to it in NRS 476.010.

________

CHAPTER 107, SB 318

Senate Bill No. 318–Senators Parks; and Manendo

 

Joint Sponsors: Assemblymen Pierce; and Ohrenschall

 

CHAPTER 107

 

[Approved: May 24, 2011]

 

AN ACT relating to motor vehicles; establishing provisions for new school buses purchased on and after July 1, 2014, governing the permissible flammability of occupant seating and plastic components contained within the engine compartments of the school buses; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes safety standards for school buses by setting forth the required condition and equipment of those school buses. Under existing law, it is a misdemeanor to violate a provision of law relating to the safety of school buses. (NRS 392.400, 392.410, 394.190) This bill provides that new school buses which are purchased on and after July 1, 2014, must meet certain enumerated standards relating to: (1) the flammability of occupant seating; and (2) the flammability of plastic components contained within the engine compartment.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

     On and after January 1, 2014, with respect to any new school bus which is purchased by a school district to transport pupils, the school bus must meet the following standards in addition to being equipped as required by the regulations of the State Board:

     1.  Occupant seating within the school bus must be tested in accordance with either:

     (a) The ASTM International Standard ASTM E1537, “Standard Test Method for Fire Testing of Upholstered Furniture”; or

     (b) The School Bus Seat Upholstery Fire Block Test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.

     2.  For the purposes of subsection 1, such testing must be conducted on a complete seat assembly inside a test room or school bus, and occupant seating shall be deemed to have failed the ASTM E1537 test or Fire Block Test, as applicable, if:

 


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ê2011 Statutes of Nevada, Page 471 (Chapter 107, SB 318)ê

 

     (a) The seat assembly exhibits a weight loss of 3 pounds or greater during the first 10 minutes of the test; or

     (b) The seat assembly exhibits a heat release rate of 80 kilowatts or greater.

     3.  Each plastic component contained in the engine compartment of a new school bus which is purchased by a school district on and after July 1, 2014, to transport pupils must meet a V-0 classification when tested in accordance with the Underwriters Laboratories Inc. Standard 94, “the Standard for Safety of Flammability of Plastic Materials for Parts in Devices and Appliances testing.”

     Sec. 2.  NRS 392.400 is hereby amended to read as follows:

     392.400  1.  All vehicles used in the transportation of pupils must be:

     (a) In good condition and state of repair.

     (b) Well equipped, and must contain sufficient room and seats so that the driver and each pupil being transported have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.

     (c) Inspected semiannually by the Department of Public Safety to ensure that the vehicles are mechanically safe and meet the minimum specifications established by the State Board. The Department of Public Safety shall make written recommendations to the superintendent of schools of the school district wherein any such vehicle is operating for the correction of any defects discovered thereby.

     2.  If the superintendent of schools fails or refuses to take appropriate action to have the defects corrected within 10 days after receiving notice of them from the Department of Public Safety, the superintendent is guilty of a misdemeanor, and upon conviction thereof may be removed from office.

     3.  Except as otherwise provided in subsection 4, all vehicles used for transporting pupils must meet the specifications established by regulation of the State Board.

     4.  [Any] Except as otherwise provided in this subsection, any bus which is purchased and used by a school district to transport pupils to and from extracurricular activities is exempt from the specifications adopted by the State Board if the bus meets the federal safety standards for motor vehicles which were applicable at the time the bus was manufactured and delivered for introduction in interstate commerce. On and after January 1, 2014, any new school bus which is purchased by a school district to transport pupils must meet the standards set forth in section 1 of this act.

     5.  Any person violating any of the requirements of this section is guilty of a misdemeanor.

     Sec. 3.  NRS 392.410 is hereby amended to read as follows:

     392.410  1.  Except as otherwise provided in this subsection, every school bus operated for the transportation of pupils to or from school must be equipped with:

     (a) A system of flashing red lights of a type approved by the State Board and installed at the expense of the school district or operator. Except as otherwise provided in subsection 2, the driver shall operate this signal:

           (1) When the bus is stopped to unload pupils.

           (2) When the bus is stopped to load pupils.

           (3) In times of emergency or accident, when appropriate.

     (b) A mechanical device, attached to the front of the bus which, when extended, causes persons to walk around the device. The device must be approved by the State Board and installed at the expense of the school district or operator.

 


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ê2011 Statutes of Nevada, Page 472 (Chapter 107, SB 318)ê

 

district or operator. The driver shall operate the device when the bus is stopped to load or unload pupils. The installation of such a mechanical device is not required for a school bus which is used solely to transport pupils with special needs who are individually loaded and unloaded in a manner which does not require them to walk in front of the bus. The provisions of this paragraph do not prohibit a school district from upgrading or replacing such a mechanical device with a more efficient and effective device that is approved by the State Board.

     2.  A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:

     (a) Has been designated by a school district and approved by the Department;

     (b) Is of sufficient depth and length to provide space for the bus to park at least 8 feet off the traveled portion of the roadway;

     (c) Is not within an intersection of roadways;

     (d) Contains ample space between the exit door of the bus and the parking area to allow safe exit from the bus;

     (e) Is located so as to allow the bus to reenter the traffic from its parked position without creating a traffic hazard; and

     (f) Is located so as to allow pupils to enter and exit the bus without crossing the roadway.

     3.  In addition to the equipment required by subsection 1 and except as otherwise provided in subsection 4 of NRS 392.400, each school bus must [be] :

     (a) Be equipped and identified as required by the regulations of the State Board [.] ; and

     (b) If the bus is a new bus purchased by a school district on and after January 1, 2014, to transport pupils, meet the standards set forth in section 1 of this act.

     4.  The agents and employees of the Department of Motor Vehicles shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of the school buses have been complied with, and shall report any violations discovered to the superintendent of schools of the school district wherein the vehicles are operating.

     5.  If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of it from the Department of Motor Vehicles, the superintendent is guilty of a misdemeanor, and upon conviction must be removed from office.

     6.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

     Sec. 4.  NRS 394.190 is hereby amended to read as follows:

     394.190  1.  The provisions of NRS 392.400 and 392.410 relating to the condition, equipment and identification of vehicles used for the transportation of pupils apply to private schools.

     2.  On and after January 1, 2014, with respect to any new school bus purchased to transport pupils, the standards for school buses set forth in section 1 of this act apply to private schools.

     3.  All such vehicles are subject to inspection at all times by agents and employees of the Department of Motor Vehicles, who shall report any violations discovered thereby to the executive head of the private school.

 


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ê2011 Statutes of Nevada, Page 473 (Chapter 107, SB 318)ê

 

     [3.] 4.  If the executive head of the private school fails or refuses to take appropriate action to correct any such violation within 10 days after receiving the report from the Department of Motor Vehicles, the executive head is guilty of a misdemeanor.

     Sec. 5.  This act becomes effective on July 1, 2011.

________

CHAPTER 108, SB 396

Senate Bill No. 396–Committee on Government Affairs

 

CHAPTER 108

 

[Approved: May 24, 2011]

 

AN ACT relating to motor vehicles; requiring that the additional funds generated by the special license plates for the support of the natural environment of the Mount Charleston area be administered and distributed by the Board of County Commissioners of Clark County, with the advice of the Mount Charleston Town Advisory Board or its successor, rather than by the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the issuance of special license plates for the support of the natural environment of the Mount Charleston area, creates an account for those license plates, requires the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources to administer the account and allows the Administrator to provide grants from the account. (NRS 321.5959, 482.37935) This bill: (1) eliminates the Account for License Plates for the Support of the Natural Environment of the Mount Charleston Area; (2) requires that the additional funds generated by those special license plates be distributed directly, on a quarterly basis, to the Board of County Commissioners of Clark County; and (3) requires the Board of County Commissioners, with the advice of the Mount Charleston Town Advisory Board or its successor, to use and grant the money so distributed to it only for the support of programs for the natural environment of the Mount Charleston area. Thus, this bill does not change the permissible uses of the additional funds generated by the special license plates for the support of the natural environment of the Mount Charleston area. Rather, it simply changes the identity of the governmental entity entrusted to administer and distribute those funds. This bill also provides, however, that programs and projects in effect on, and grants made before, the effective date of this bill (July 1, 2011) must be continued or expended, as applicable, under the supervision of the Administrator of the Division of State Lands.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 482.37935 is hereby amended to read as follows:

     482.37935  1.  Except as otherwise provided in this subsection, the Department, in cooperation with the Division of State Lands of the State Department of Conservation and Natural Resources, shall design, prepare and issue license plates for the support of the natural environment of the Mount Charleston area using any colors that the Department deems appropriate.

 


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ê2011 Statutes of Nevada, Page 474 (Chapter 108, SB 396)ê

 

Mount Charleston area using any colors that the Department deems appropriate. The design of the license plates must include a depiction of Mount Charleston and its surrounding area. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

     2.  If the Department receives at least 250 applications for the issuance of license plates for the support of the natural environment of the Mount Charleston area, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of the natural environment of the Mount Charleston area if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of the natural environment of the Mount Charleston area pursuant to subsections 3 and 4.

     3.  The fee for license plates for the support of the natural environment of the Mount Charleston area is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

     4.  In addition to all other applicable registration and license fees [for the license, registration] and governmental services taxes [,] and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of the natural environment of the Mount Charleston area must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 , to [finance projects for the natural environment of the Mount Charleston area.] be distributed pursuant to subsection 5.

     5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the [Account for License Plates for the Support of the Natural Environment of the Mount Charleston Area created pursuant to NRS 321.5959.] State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Board of County Commissioners of Clark County. The fees distributed pursuant to this subsection:

     (a) May be used by the Board of County Commissioners, with the advice of the Mount Charleston Town Advisory Board or its successor, only:

           (1) For the support of programs for the natural environment of the Mount Charleston area, including, without limitation, programs to improve the wildlife habitat, the ecosystem, the forest, public access to the area and its recreational use.

           (2) To make grants to governmental entities and nonprofit organizations to carry out the programs described in subparagraph (1).

     (b) Must not be used to replace or supplant money available from other sources.

     6.  If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder [may retain] shall:

 


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ê2011 Statutes of Nevada, Page 475 (Chapter 108, SB 396)ê

 

     (a) Retain the plates and [:

     (a) Affix] affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration [fees are paid as set out in this chapter;] fee or governmental services tax due pursuant to NRS 482.399; or

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

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  NRS 321.5959 is hereby repealed.

     Sec. 4.  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. 5.  1.  On July 1, 2011, or as soon as practicable thereafter, the Administrator shall cause to be transferred to the Board any money that was in the Account at the end of the day on June 30, 2011. Any money so transferred may be used only for the purposes set forth in subsection 5 of NRS 482.37935, as amended by section 1 of this act.

     2.  As used in this section:

     (a) “Account” means the Account for License Plates for the Support of the Natural Environment of the Mount Charleston Area, created by NRS 321.5959.

     (b) “Administrator” means the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources.

     (c) “Board” means the Board of County Commissioners of Clark County.

     Sec. 6.  Notwithstanding the amendatory provisions of this act:

     1.  Each program or project for the support of the natural environment of the Mount Charleston area that was commenced before July 1, 2011; and

     2.  Each grant for the support of the natural environment of the Mount Charleston area that was made before July 1, 2011,

Ê must be continued or expended, as applicable, under the supervision of the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources. The Board of County Commissioners of Clark County shall, from the money distributed to it pursuant to subsection 5 of NRS 482.37935, as amended by section 1 of this act, transfer money to the Administrator as necessary to carry out the provisions of this section.

     Sec. 7.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 476ê

 

CHAPTER 109, SB 14

Senate Bill No. 14–Committee on Education

 

CHAPTER 109

 

[Approved: May 24, 2011]

 

AN ACT relating to education; requiring the State Board of Education to develop a model curriculum for the subjects of English language arts and mathematics; providing for the dissemination of the model curriculum to school districts, charter schools and the regional training programs for the professional development of teachers and administrators; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       The National Governors Association Center for Best Practices and the Council of Chief State School Officers released a set of national education standards for English language arts and mathematics, commonly referred to as the “Common Core Standards.” Forty-eight states, including Nevada, have signed on to participate in the Common Core Standards, and Nevada will implement those standards in kindergarten through grade 12. Under existing law, the State Board of Education establishes courses of study for various subject areas, including English and mathematics. (NRS 389.0185) The board of trustees of each school district is required to enforce the academic standards in the schools under its charge, and each charter school is required to provide instruction in the core academic subjects to the pupils enrolled in the charter school. (NRS 386.550, 389.019) This bill requires the State Board to develop a model curriculum for English language arts and mathematics, which are the two subject areas currently covered by the Common Core Standards. This bill also requires the Department of Education to provide each model curriculum to the board of trustees of each school district, the governing body of each charter school and the governing body of each regional training program for the professional development of teachers and administrators. Finally, this bill authorizes the use of the model curriculum by teachers and administrators in developing class lesson plans and by the governing body of each regional training program for the professional development of teachers and administrators in the provision of training.

 

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

 

     Whereas, On June 2, 2010, the National Governors Association Center for Best Practices and the Council of Chief State School Officers released a set of education standards for English language arts and mathematics, commonly referred to as the “Common Core Standards”; and

     Whereas, Forty-eight states, including Nevada, have signed on to participate in the Common Core Standards, which are internationally benchmarked standards designed to provide a clear understanding of what pupils are expected to learn so that all pupils in this country have access to a high quality education and are fully prepared for the future and for competing successfully in a global economy; and

     Whereas, On June 18, 2010, the State Board of Education adopted the draft of the Common Core Standards, which will be implemented in the public schools in this State at all grade levels with the appropriate professional development provided to teachers to ensure their ability to instruct and monitor the achievement of pupils in the Common Core Standards; and

 


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ê2011 Statutes of Nevada, Page 477 (Chapter 109, SB 14)ê

 

     Whereas, The adoption and implementation of the Common Core Standards will help guide and accelerate Nevada’s K-12 public education system into the future by ensuring that every pupil in this State receives the same standard of education in English language arts and mathematics and by ensuring that pupils are held to a common set of expectations and goals regardless of the geographic region or county within which a pupil attends public school; and

     Whereas, As Nevada embarks on this opportunity to accelerate the achievement of its pupils by implementation of the Common Core Standards, those standards will need to be translated into classroom teaching in a manner which will ensure that teachers help all pupils master these new standards; and

     Whereas, Through collaborative efforts among teachers, administrators and providers of professional development, with guidance and assistance from the State Board of Education, the Department of Education and the regional training programs for the professional development of teachers and administrators, the rollout and implementation of the Common Core Standards provides Nevada with the opportunity to gain and share expertise regarding instructional best practices and effective teaching methods; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The State Board shall develop a model curriculum for the subject areas of English language arts and mathematics for each grade level in kindergarten and grades 1 to 12, inclusive.

     2.  The Department shall provide each model curriculum developed pursuant to subsection 1 to:

     (a) The board of trustees of each school district; and

     (b) The governing body of each regional training program for the professional development of teachers and administrators.

     3.  The Department shall provide to the governing body of each charter school the model curriculum developed pursuant to subsection 1 for the grade levels taught at the charter school.

     4.  The board of trustees of each school district shall make available to each public school within the school district the model curriculum for the grade levels taught at the public school.

     5.  The model curriculum may be used as a guide by teachers and administrators in developing class lesson plans to ensure compliance with the academic standards adopted for English language arts and mathematics.

     6.  The governing body of each regional training program for the professional development of teachers and administrators may use the model curriculum in the provision of training to teachers and administrators to ensure compliance with the academic standards adopted for English language arts and mathematics.

     Sec. 2.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 478ê

 

CHAPTER 110, AB 68

Assembly Bill No. 68–Committee on Government Affairs

 

CHAPTER 110

 

[Approved: May 24, 2011]

 

AN ACT relating to local governments; exempting certain leases of real property from requirements relating to appraisal and auction; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law sets forth requirements for the sale or lease of real property by counties and by incorporated cities. In accordance with these requirements, the board of county commissioners of a county or the governing body of a city is required, with limited exceptions, to obtain two independent appraisals of the fair market value of the real property and to sell or lease the property at publication. (NRS 244.2795, 244.281, 244.283, 268.059, 268.061, 268.062) Sections 1 and 6 of this bill authorize a county or city to lease real property without satisfying such requirements if the real property is less than 25,000 square feet and the board of county commissioners or governing body of a city adopts a resolution stating that the lease is in the best interest of the county or city.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The governing body of a city may offer any city-owned building or any portion thereof or any other real property for lease without complying with the provisions of NRS 268.059, 268.061 and 268.062 if:

     (a) The area of the building space or other real property is less than 25,000 square feet; and

     (b) The governing body adopts a resolution stating that it is in the best interest of the city to lease the property:

           (1) Without offering the property to the public; and

           (2) For less than the fair market value of the building space or other real property, if applicable.

     2.  The governing body shall:

     (a) Cause to be published at least once, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the city-owned building or portion thereof or the other real property is located, a notice setting forth a description of the city-owned building or portion thereof or the other real property proposed to be leased in such a manner as to identify it; and

     (b) Hold a public hearing on the matter not less than 10 or more than 20 days after the date of publication of the notice.

     3.  A lease of a city-owned building or any portion thereof or any other real property pursuant to this section may be made on such terms and conditions as the governing body of the city deems proper. The duration of such a lease must not exceed 3 years and may include an extension for not more than an additional 2 years.

 


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ê2011 Statutes of Nevada, Page 479 (Chapter 110, AB 68)ê

 

     Sec. 2.  NRS 268.059 is hereby amended to read as follows:

     268.059  1.  Except as otherwise provided in NRS 268.048 to 268.058, inclusive, 278.479 to 278.4965, inclusive, and subsection [3] 4 of NRS 496.080, and section 1 of this act, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:

     (a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it. If the governing body holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must be based on the zoning of the real property as set forth in the master plan for the city and must have been prepared not more than 6 months before the date on which real property is offered for sale or lease.

     (b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

     (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the governing body as to the qualifications of the appraiser is conclusive.

     2.  The governing body shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the governing body. The list must:

     (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

     (b) Be organized at random and rotated from time to time.

     3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.

     4.  An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.

     5.  If real property is sold or leased in violation of the provisions of this section:

 


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     (a) The sale or lease is void; and

     (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

     Sec. 3.  NRS 268.061 is hereby amended to read as follows:

     268.061  1.  Except as otherwise provided in this subsection and NRS 268.048 to 268.058, inclusive, 268.063, 278.479 to 278.4965, inclusive, and subsection [3] 4 of NRS 496.080, and section 1 of this act, except as otherwise provided by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, primary or general city election or special election:

     (a) If a governing body has determined by resolution that the sale or lease of any real property owned by the city will be in the best interest of the city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in NRS 268.062.

     (b) Before the governing body may sell or lease any real property as provided in paragraph (a), it shall:

           (1) Post copies of the resolution described in paragraph (a) in three public places in the city; and

           (2) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

                (I) A description of the real property proposed to be sold or leased in such a manner as to identify it;

                (II) The minimum price, if applicable, of the real property proposed to be sold or leased; and

                (III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

     (c) If the governing body by its resolution finds additionally that the real property to be sold is worth more than $1,000, the governing body shall, as applicable, conduct an appraisal or appraisals pursuant to NRS 268.059 to determine the value of the real property. Except for real property acquired pursuant to NRS 371.047, the governing body shall not sell or lease it for less than the highest appraised value.

     (d) If the real property is appraised at $1,000 or more, the governing body may:

           (1) Lease the real property; or

           (2) Sell the real property for:

 


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                (I) Cash; or

                (II) Not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust bearing such interest and upon such further terms as the governing body may specify.

     (e) A governing body may sell or lease any real property owned by the city without complying with the provisions of this section and NRS 268.059 and 268.062 to:

           (1) A person who owns real property located adjacent to the real property to be sold or leased if the governing body has determined by resolution that the sale or lease will be in the best interest of the city and the real property is a:

                (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

                (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or

                (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease.

           (2) The State or another governmental entity if:

                (I) The sale or lease restricts the use of the real property to a public use; and

                (II) The governing body adopts a resolution finding that the sale or lease will be in the best interest of the city.

     (f) A governing body that disposes of real property pursuant to paragraph (e) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

     (g) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the governing body may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the governing body must obtain a new appraisal of the real property pursuant to the provisions of NRS 268.059 before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the governing body may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

     2.  If real property is sold or leased in violation of the provisions of this section:

 


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     (a) The sale or lease is void; and

     (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

     Sec. 4.  NRS 268.062 is hereby amended to read as follows:

     268.062  1.  Except as otherwise provided in this section and NRS 268.048 to 268.058, inclusive, 268.063, 278.479 to 278.4965, inclusive, and subsection [3] 4 of NRS 496.080, and section 1 of this act, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election, the governing body shall, in open meeting by a majority vote of the members and before ordering the sale or lease at auction of any real property, adopt a resolution declaring its intention to sell or lease the property at auction. The resolution must:

     (a) Describe the property proposed to be sold or leased in such a manner as to identify it;

     (b) Specify the minimum price and the terms upon which the property will be sold or leased; and

     (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the governing body to be held at its regular place of meeting, at which sealed bids will be received and considered.

     2.  Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:

     (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

     (b) Causing to be published at least once a week for 3 successive weeks before the meeting, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

           (1) A description of the real property proposed to be sold or leased at auction in such a manner as to identify it;

           (2) The minimum price of the real property proposed to be sold or leased at auction; and

           (3) The places at which the resolution described in subsection 1 has been posted pursuant to paragraph (a), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

 


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ê2011 Statutes of Nevada, Page 483 (Chapter 110, AB 68)ê

 

     3.  At the time and place fixed in the resolution for the meeting of the governing body, all sealed bids which have been received must, in public session, be opened, examined and declared by the governing body. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or lease and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the governing body rejects all bids.

     4.  Before accepting any written bid, the governing body shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to buy or lease the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.

     5.  The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 21 days next following.

     6.  The governing body may, either at the same session or at any adjourned session of the same meeting held within the 21 days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease.

     7.  Any resolution of acceptance of any bid made by the governing body must authorize and direct the chair of the governing body to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessor with all the terms or conditions of the contract which are to be performed concurrently therewith.

     8.  The governing body may require any person requesting that real property be sold pursuant to the provisions of this section to deposit a sufficient amount of money to pay the costs to be incurred by the governing body in acting upon the application, including the costs of publication and the expenses of appraisal. This deposit must be refunded whenever the person making the deposit is not the successful bidder. The costs of acting upon the application, including the costs of publication and the expenses of appraisal, must be borne by the successful bidder.

     9.  If real property is sold or leased in violation of the provisions of this section:

     (a) The sale or lease is void; and

     (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

     Sec. 5.  (Deleted by amendment.)

     Sec. 6.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The board of county commissioners may offer any county-owned building or any portion thereof or any other real property for lease without complying with the provisions of NRS 244.2795, 244.281 and 244.283 if:

 


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     (a) The area of the building space or other real property is less than 25,000 square feet; and

     (b) The board of county commissioners adopts a resolution stating that it is in the best interest of the county to lease the property:

           (1) Without offering the property to the public; and

           (2) For less than the fair market value of the building space or other real property, if applicable.

     2.  The board of county commissioners shall:

     (a) Cause to be published at least once, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the county-owned building or portion thereof or the other real property is located, a notice setting forth a description of the county-owned building or portion thereof or the other real property proposed to be leased in such a manner as to identify it; and

     (b) Hold a public hearing on the matter not less than 10 or more than 20 days after the date of publication of the notice.

     3.  A lease of a county-owned building or any portion thereof or any other real property pursuant to this section may be made on such terms and conditions as the board of county commissioners deems proper. The duration of such a lease must not exceed 3 years and may include an extension for not more than an additional 2 years.

     Sec. 7.  NRS 244.2795 is hereby amended to read as follows:

     244.2795  1.  Except as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2825, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, and section 6 of this act, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose, except for the sale or lease of real property to the State or another governmental entity and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election, the board of county commissioners shall, when offering any real property for sale or lease:

     (a) Except as otherwise provided in this paragraph, obtain two independent appraisals of the real property before selling or leasing it. If the board of county commissioners holds a public hearing on the matter of the fair market value of the real property, one independent appraisal of the real property is sufficient before selling or leasing it. The appraisal or appraisals, as applicable, must have been prepared not more than 6 months before the date on which the real property is offered for sale or lease.

     (b) Select the one independent appraiser or two independent appraisers, as applicable, from the list of appraisers established pursuant to subsection 2.

     (c) Verify the qualifications of each appraiser selected pursuant to paragraph (b). The determination of the board of county commissioners as to the qualifications of the appraiser is conclusive.

 


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     2.  The board of county commissioners shall adopt by ordinance the procedures for creating or amending a list of appraisers qualified to conduct appraisals of real property offered for sale or lease by the board. The list must:

     (a) Contain the names of all persons qualified to act as a general appraiser in the same county as the real property that may be appraised; and

     (b) Be organized at random and rotated from time to time.

     3.  An appraiser chosen pursuant to subsection 1 must provide a disclosure statement which includes, without limitation, all sources of income that may constitute a conflict of interest and any relationship with the real property owner or the owner of an adjoining real property.

     4.  An appraiser shall not perform an appraisal on any real property for sale or lease by the board of county commissioners if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property.

     5.  If real property is sold or leased in violation of the provisions of this section:

     (a) The sale or lease is void; and

     (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

     Sec. 8.  NRS 244.281 is hereby amended to read as follows:

     244.281  1.  Except as otherwise provided in this subsection and NRS 244.189, 244.276, 244.279, 244.2815, 244.2825, 244.2835, 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive, and subsection 3 of NRS 496.080, and section 6 of this act, except as otherwise required by federal law, except as otherwise required pursuant to a cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on or before October 1, 2004, except if the board of county commissioners is entering into a joint development agreement for real property owned by the county to which the board of county commissioners is a party, except for a lease of residential property with a term of 1 year or less, except for the sale or lease of real property to a public utility, as defined in NRS 704.020, to be used for a public purpose and except for the sale or lease of real property larger than 1 acre which is approved by the voters at a primary or general election or special election:

     (a) When a board of county commissioners has determined by resolution that the sale or lease of any real property owned by the county will be for purposes other than to establish, align, realign, change, vacate or otherwise adjust any street, alley, avenue or other thoroughfare, or portion thereof, or flood control facility within the county and will be in the best interest of the county, it may:

           (1) Sell the property in the manner prescribed for the sale of real property in NRS 244.282.

           (2) Lease the property in the manner prescribed for the lease of real property in NRS 244.283.

     (b) Before the board of county commissioners may sell or lease any real property as provided in paragraph (a), it shall:

 


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           (1) Post copies of the resolution described in paragraph (a) in three public places in the county; and

           (2) Cause to be published at least once a week for 3 successive weeks, in a newspaper qualified under chapter 238 of NRS that is published in the county in which the real property is located, a notice setting forth:

                (I) A description of the real property proposed to be sold or leased in such a manner as to identify it;

                (II) The minimum price, if applicable, of the real property proposed to be sold or leased; and

                (III) The places at which the resolution described in paragraph (a) has been posted pursuant to subparagraph (1), and any other places at which copies of that resolution may be obtained.

Ê If no qualified newspaper is published within the county in which the real property is located, the required notice must be published in some qualified newspaper printed in the State of Nevada and having a general circulation within that county.

     (c) Except as otherwise provided in this paragraph, if the board of county commissioners by its resolution further finds that the property to be sold or leased is worth more than $1,000, the board shall appoint two or more disinterested, competent real estate appraisers pursuant to NRS 244.2795 to appraise the property. If the board of county commissioners holds a public hearing on the matter of the fair market value of the property, one disinterested, competent appraisal of the property is sufficient before selling or leasing it. Except for property acquired pursuant to NRS 371.047, the board of county commissioners shall not sell or lease it for less than the highest appraised value.

     (d) If the property is appraised at $1,000 or more, the board of county commissioners may:

           (1) Lease the property; or

           (2) Sell the property either for cash or for not less than 25 percent cash down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest and upon such further terms as the board of county commissioners may specify.

     (e) A board of county commissioners may sell or lease any real property owned by the county without complying with the provisions of NRS 244.282 or 244.283 to:

           (1) A person who owns real property located adjacent to the real property to be sold or leased if the board has determined by resolution that the sale will be in the best interest of the county and the real property is a:

                (I) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare, or portion thereof, flood control facility or other public facility;

                (II) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property for sale or lease; or

                (III) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property for sale or lease.

           (2) The State or another governmental entity if:

 


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                (I) The sale or lease restricts the use of the real property to a public use; and

                (II) The board adopts a resolution finding that the sale or lease will be in the best interest of the county.

     (f) A board of county commissioners that disposes of real property pursuant to paragraph (d) is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.

     (g) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the board of county commissioners may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the board of county commissioners must obtain a new appraisal of the real property pursuant to the provisions of NRS 244.2795 before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property, the board of county commissioners may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property.

     2.  If real property is sold or leased in violation of the provisions of this section:

     (a) The sale or lease is void; and

     (b) Any change to an ordinance or law governing the zoning or use of the real property is void if the change takes place within 5 years after the date of the void sale or lease.

     3.  As used in this section, “flood control facility” has the meaning ascribed to it in NRS 244.276.

     Sec. 9.  NRS 244.283 is hereby amended to read as follows:

     244.283  1.  When the board of county commissioners determines that the lease of real property belonging to the county for industrial, commercial, residential or recreational purposes is necessary or desirable, the board may lease such real property, whether acquired by purchase, dedication or otherwise. Such a lease must not be in contravention of any condition in a gift or devise of real property to the county.

     2.  Except as otherwise provided in NRS 244.279 [,] and section 6 of this act, before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution must:

     (a) Describe the property proposed to be leased in such manner as to identify it.

     (b) Specify the minimum rental, and the terms upon which it will be leased.

     (c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.

 


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ê2011 Statutes of Nevada, Page 488 (Chapter 110, AB 68)ê

 

     3.  Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:

     (a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and

     (b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.

     4.  At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received must, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest must be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.

     5.  Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person must be finally accepted.

     6.  A person may not make an oral bid unless, at least 5 days before the meeting held for receiving and considering bids, the person submits to the board written notice of the person’s intent to make an oral bid and a statement establishing the person’s financial responsibility to the satisfaction of the board.

     7.  The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 21 days next following.

     8.  The board may, either at the same session or at any adjourned session of the same meeting held within the 21 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.

     9.  Any resolution of acceptance of any bid made by the board must authorize and direct the chair to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of the lessee’s contract which are to be performed concurrently therewith.

     10.  All money received from rentals of real property must be deposited forthwith with the county treasurer to be credited to the county general fund.

     11.  This section does not apply to leases of real property made pursuant to NRS 244.288, 334.070 or 338.177.

     Sec. 10.  This act becomes effective upon passage and approval.

________

 


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ê2011 Statutes of Nevada, Page 489ê

 

CHAPTER 111, AB 203

Assembly Bill No. 203–Assemblymen Carrillo, Kirkpatrick, Brooks; Daly, Ellison, Hansen and Segerblom

 

Joint Sponsor: Senator Manendo

 

CHAPTER 111

 

[Approved: May 24, 2011]

 

AN ACT relating to contractors; requiring the State Contractors’ Board to issue or authorize the issuance of a written administrative citation to a person who acts as a contractor without an active license of the proper classification; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the State Contractors’ Board to issue a written administrative citation if the Board, based upon a preponderance of the evidence, has reason to believe that a person has violated any provision of statute or any administrative regulation governing contractors. (NRS 624.341) Section 1 of this bill requires the Board to issue such a citation if a person has acted as a contractor without an active license of the proper classification. Section 3 of this bill revises the definition of “contractor” as it pertains to public works. (NRS 338.010)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 624.341 is hereby amended to read as follows:

     624.341  1.  If the Board or its designee, based upon a preponderance of the evidence, has reason to believe that a person has [committed an] :

     (a) Acted as a contractor without an active license of the proper classification issued pursuant to this chapter, the Board or its designee, as appropriate, shall issue or authorize the issuance of a written administrative citation to the person.

     (b) Committed any other act which constitutes a violation of this chapter or the regulations of the Board, the Board or its designee, as appropriate, may issue or authorize the issuance of a written administrative citation to the person.

     2.  A citation issued pursuant to this section may include, without limitation:

     (a) An order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, at the person’s cost;

     (b) An order to pay an administrative fine not to exceed $50,000, except as otherwise provided in subsection 1 of NRS 624.300; and

     (c) An order to reimburse the Board for the amount of the expenses incurred to investigate the complaint.

     [2.] 3.  If a written citation issued pursuant to [subsection 1] this section includes an order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, the citation must state the time permitted for compliance, which must be not less than 15 business days after the date the person receives the citation, and specifically describe the action required to be taken.

 


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ê2011 Statutes of Nevada, Page 490 (Chapter 111, AB 203)ê

 

be not less than 15 business days after the date the person receives the citation, and specifically describe the action required to be taken.

     [3.] 4.  The sanctions authorized by [subsection 1] this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

     [4.] 5.  The failure of an unlicensed person to comply with a citation or order after it is final is a misdemeanor. If an unlicensed person does not pay an administrative fine imposed pursuant to this section within 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  NRS 338.010 is hereby amended to read as follows:

     338.010  As used in this chapter:

     1.  “Authorized representative” means a person designated by a public body to be responsible for the development, solicitation, award or administration of contracts for public works pursuant to this chapter.

     2.  “Contract” means a written contract entered into between a contractor and a public body for the provision of labor, materials, equipment or supplies for a public work.

     3.  “Contractor” means:

     (a) A person who is licensed pursuant to the provisions of chapter 624 of NRS . [or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS.]

     (b) A design-build team.

     4.  “Day labor” means all cases where public bodies, their officers, agents or employees, hire, supervise and pay the wages thereof directly to a worker or workers employed by them on public works by the day and not under a contract in writing.

     5.  “Design-build contract” means a contract between a public body and a design-build team in which the design-build team agrees to design and construct a public work.

     6.  “Design-build team” means an entity that consists of:

     (a) At least one person who is licensed as a general engineering contractor or a general building contractor pursuant to chapter 624 of NRS; and

     (b) For a public work that consists of:

           (1) A building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS.

           (2) Anything other than a building and its site, at least one person who holds a certificate of registration to practice architecture pursuant to chapter 623 of NRS or landscape architecture pursuant to chapter 623A of NRS or who is licensed as a professional engineer pursuant to chapter 625 of NRS.

     7.  “Design professional” means:

     (a) A person who is licensed as a professional engineer pursuant to chapter 625 of NRS;

     (b) A person who is licensed as a professional land surveyor pursuant to chapter 625 of NRS;

     (c) A person who holds a certificate of registration to engage in the practice of architecture, interior design or residential design pursuant to chapter 623 of NRS;

     (d) A person who holds a certificate of registration to engage in the practice of landscape architecture pursuant to chapter 623A of NRS; or

 


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     (e) A business entity that engages in the practice of professional engineering, land surveying, architecture or landscape architecture.

     8.  “Eligible bidder” means a person who is:

     (a) Found to be a responsible and responsive contractor by a local government or its authorized representative which requests bids for a public work in accordance with paragraph (b) of subsection 1 of NRS 338.1373; or

     (b) Determined by a public body or its authorized representative which awarded a contract for a public work pursuant to NRS 338.1375 to 338.139, inclusive, to be qualified to bid on that contract pursuant to NRS 338.1379 or 338.1382.

     9.  “General contractor” means a person who is licensed to conduct business in one, or both, of the following branches of the contracting business:

     (a) General engineering contracting, as described in subsection 2 of NRS 624.215.

     (b) General building contracting, as described in subsection 3 of NRS 624.215.

     10.  “Governing body” means the board, council, commission or other body in which the general legislative and fiscal powers of a local government are vested.

     11.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 538, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes a person who has been designated by the governing body of a local government to serve as its authorized representative.

     12.  “Offense” means failing to:

     (a) Pay the prevailing wage required pursuant to this chapter;

     (b) Pay the contributions for unemployment compensation required pursuant to chapter 612 of NRS;

     (c) Provide and secure compensation for employees required pursuant to chapters 616A to 617, inclusive, of NRS; or

     (d) Comply with subsection 4 or 5 of NRS 338.070.

     13.  “Prime contractor” means a contractor who:

     (a) Contracts to construct an entire project;

     (b) Coordinates all work performed on the entire project;

     (c) Uses his or her own workforce to perform all or a part of the public work; and

     (d) Contracts for the services of any subcontractor or independent contractor or is responsible for payment to any contracted subcontractors or independent contractors.

Ê The term includes, without limitation, a general contractor or a specialty contractor who is authorized to bid on a project pursuant to NRS 338.139 or 338.148.

     14.  “Public body” means the State, county, city, town, school district or any public agency of this State or its political subdivisions sponsoring or financing a public work.

     15.  “Public work” means any project for the new construction, repair or reconstruction of:

 


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     (a) A project financed in whole or in part from public money for:

           (1) Public buildings;

           (2) Jails and prisons;

           (3) Public roads;

           (4) Public highways;

           (5) Public streets and alleys;

           (6) Public utilities;

           (7) Publicly owned water mains and sewers;

           (8) Public parks and playgrounds;

           (9) Public convention facilities which are financed at least in part with public money; and

           (10) All other publicly owned works and property.

     (b) A building for the Nevada System of Higher Education of which 25 percent or more of the costs of the building as a whole are paid from money appropriated by this State or from federal money.

     16.  “Specialty contractor” means a person who is licensed to conduct business as described in subsection 4 of NRS 624.215.

     17.  “Stand-alone underground utility project” means an underground utility project that is not integrated into a larger project, including, without limitation:

     (a) An underground sewer line or an underground pipeline for the conveyance of water, including facilities appurtenant thereto; and

     (b) A project for the construction or installation of a storm drain, including facilities appurtenant thereto,

Ê that is not located at the site of a public work for the design and construction of which a public body is authorized to contract with a design-build team pursuant to subsection 2 of NRS 338.1711.

     18.  “Subcontract” means a written contract entered into between:

     (a) A contractor and a subcontractor or supplier; or

     (b) A subcontractor and another subcontractor or supplier,

Ê for the provision of labor, materials, equipment or supplies for a construction project.

     19.  “Subcontractor” means a person who:

     (a) Is licensed pursuant to the provisions of chapter 624 of NRS or performs such work that the person is not required to be licensed pursuant to chapter 624 of NRS; and

     (b) Contracts with a contractor, another subcontractor or a supplier to provide labor, materials or services for a construction project.

     20.  “Supplier” means a person who provides materials, equipment or supplies for a construction project.

     21.  “Wages” means:

     (a) The basic hourly rate of pay; and

     (b) The amount of pension, health and welfare, vacation and holiday pay, the cost of apprenticeship training or other similar programs or other bona fide fringe benefits which are a benefit to the worker.

     22.  “Worker” means a skilled mechanic, skilled worker, semiskilled mechanic, semiskilled worker or unskilled worker in the service of a contractor or subcontractor under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed. The term does not include a design professional.

________

 


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CHAPTER 112, AB 211

Assembly Bill No. 211–Assemblymen Aizley, Ohrenschall, Carrillo, Horne; Atkinson, Conklin, Dondero Loop, Frierson, Goedhart, Hambrick, Hogan, Oceguera, Pierce and Stewart

 

Joint Sponsors: Senators Leslie, Parks; and Denis

 

CHAPTER 112

 

[Approved: May 24, 2011]

 

AN ACT relating to employment practices; prohibiting discriminatory employment practices based upon the gender identity or expression of a person; authorizing the Nevada Equal Rights Commission to investigate certain acts of prejudice against a person with regard to employment based on gender identity or expression and sexual orientation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes that it is the policy of this State to foster the right of all persons to reasonably seek, obtain and hold employment without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, national origin or ancestry. (NRS 233.010) Consistent with that policy, existing law protects against such discrimination with respect to apprenticeships. (NRS 610.010, 610.020, 610.150, 610.185) In addition, existing law prohibits certain employers, employment agencies, labor organizations, joint labor-management committees or contractors from engaging in certain discriminatory employment practices. For example, it is an unlawful employment practice to fail to hire or to fire or otherwise discriminate against a person, or to limit or segregate or classify an employee on the basis of race, color, religion, sex, sexual orientation, age, disability or national origin, except in certain circumstances. (NRS 338.125, 613.330, 613.340, 613.350, 613.380) Sections 2-4, 7-13, 16 and 17 of this bill add “gender identity or expression” to the list of categories upon which discrimination is prohibited, and sections 1, 5 and 14 of this bill define “gender identity or expression” to mean the gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

       Existing law authorizes the Nevada Equal Rights Commission to investigate tensions, practices of discrimination and acts of prejudice against any person with regard to employment based on race, color, creed, sex, age, disability, national origin or ancestry. (NRS 233.150) Section 15 of this bill adds “gender identity or expression” and “sexual orientation” to the list of categories upon which the Commission may investigate such allegations of discrimination.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 610.010 is hereby amended to read as follows:

     610.010  As used in this chapter, unless the context otherwise requires:

     1.  “Agreement” means a written and signed agreement of indenture as an apprentice.

     2.  “Apprentice” means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.

     3.  “Disability” means, with respect to a person:

 


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     (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

     (b) A record of such an impairment; or

     (c) Being regarded as having such an impairment.

     4.  “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

     5.  “Program” means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed.

     [5.] 6.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

     Sec. 2.  NRS 610.020 is hereby amended to read as follows:

     610.020  The purposes of this chapter are:

     1.  To open to people, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability or national origin, the opportunity to obtain training that will equip them for profitable employment and citizenship.

     2.  To establish, as a means to this end, an organized program for the voluntary training of persons under approved standards for apprenticeship, providing facilities for their training and guidance in the arts and crafts of industry and trade, with instruction in related and supplementary education.

     3.  To promote opportunities for employment for all persons, without regard to race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability or national origin, under conditions providing adequate training and reasonable earnings.

     4.  To regulate the supply of skilled workers in relation to the demand for skilled workers.

     5.  To establish standards for the training of apprentices in approved programs.

     6.  To establish a State Apprenticeship Council with the authority to carry out the purposes of this chapter and provide for local joint apprenticeship committees to assist in carrying out the purposes of this chapter.

     7.  To provide for a State Director of Apprenticeship.

     8.  To provide for reports to the Legislature and to the public regarding the status of the training of apprentices in the State.

     9.  To establish procedures for regulating programs and deciding controversies concerning programs and agreements.

     10.  To accomplish related ends.

     Sec. 3.  NRS 610.150 is hereby amended to read as follows:

     610.150  Every agreement entered into under this chapter must contain:

     1.  The names and signatures of the contracting parties and the signature of a parent or legal guardian if the apprentice is a minor.

     2.  The date of birth of the apprentice.

     3.  The name and address of the sponsor of the program.

     4.  A statement of the trade or craft in which the apprentice is to be trained, and the beginning date and expected duration of the apprenticeship.

     5.  A statement showing the number of hours to be spent by the apprentice in work and the number of hours to be spent in related and supplemental instruction, which instruction must not be less than 144 hours per year.

 


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     6.  A statement setting forth a schedule of the processes in the trade or division of industry in which the apprentice is to be trained and the approximate time to be spent at each process.

     7.  A statement of the graduated scale of wages to be paid the apprentice and whether or not compensation is to be paid for the required time in school.

     8.  Statements providing:

     (a) For a specific period of probation during which the agreement may be terminated by either party to the agreement upon written notice to the State Apprenticeship Council; and

     (b) That after the probationary period the agreement may be cancelled at the request of the apprentice, or suspended, cancelled or terminated by the sponsor for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action, and with written notice to the apprentice and the State Apprenticeship Council of the final action taken.

     9.  A reference incorporating as part of the agreement the standards of the program as it exists on the date of the agreement and as it may be amended during the period of the agreement.

     10.  A statement that the apprentice will be accorded equal opportunity in all phases of employment and training as an apprentice without discrimination because of race, color, creed, sex, sexual orientation, gender identity or expression, religion or disability.

     11.  A statement naming the State Apprenticeship Council as the authority designated pursuant to NRS 610.180 to receive, process and dispose of controversies or differences arising out of the agreement when the controversies or differences cannot be adjusted locally or resolved in accordance with the program or collective bargaining agreements.

     12.  Such additional terms and conditions as are prescribed or approved by the State Apprenticeship Council not inconsistent with the provisions of this chapter.

     Sec. 4.  NRS 610.185 is hereby amended to read as follows:

     610.185  The State Apprenticeship Council shall suspend for 1 year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in a program under the provisions of this chapter if the Nevada Equal Rights Commission, after notice and hearing, finds that the employer, association or organization has discriminated against an apprentice because of race, color, creed, sex, sexual orientation, gender identity or expression, religion, disability or national origin in violation of this chapter.

     Sec. 5.  NRS 613.310 is hereby amended to read as follows:

     613.310  As used in NRS 613.310 to 613.435, inclusive, unless the context otherwise requires:

     1.  “Disability” means, with respect to a person:

     (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person, including, without limitation, the human immunodeficiency virus;

     (b) A record of such an impairment; or

     (c) Being regarded as having such an impairment.

     2.  “Employer” means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:

 


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     (a) The United States or any corporation wholly owned by the United States.

     (b) Any Indian tribe.

     (c) Any private membership club exempt from taxation pursuant to 26 U.S.C. § 501(c).

     3.  “Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.

     4.  “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

     5.  “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.

     [5.] 6.  “Person” includes the State of Nevada and any of its political subdivisions.

     [6.] 7.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

     Sec. 6.  NRS 613.320 is hereby amended to read as follows:

     613.320  1.  The provisions of NRS 613.310 to 613.435, inclusive, do not apply to:

     (a) Any employer with respect to employment outside this state.

     (b) Any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities.

     2.  The provisions of NRS 613.310 to 613.435, inclusive, concerning unlawful employment practices related to sexual orientation and gender identity or expression do not apply to an organization that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

     Sec. 7.  NRS 613.330 is hereby amended to read as follows:

     613.330  1.  Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:

     (a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to the person’s compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or

     (b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an employee, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin.

     2.  It is an unlawful employment practice for an employment agency to:

     (a) Fail or refuse to refer for employment, or otherwise to discriminate against, any person because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person; or

 


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     (b) Classify or refer for employment any person on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person.

     3.  It is an unlawful employment practice for a labor organization:

     (a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;

     (b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive the person of employment opportunities, or would limit the person’s employment opportunities or otherwise adversely affect the person’s status as an employee or as an applicant for employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or

     (c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.

     4.  It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including, without limitation, on-the-job training programs, to discriminate against any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

     5.  It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person.

     6.  It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a disability to keep the employee’s service animal with him or her at all times in his or her place of employment.

     7.  As used in this section, “service animal” has the meaning ascribed to it in NRS 426.097.

     Sec. 8.  NRS 613.340 is hereby amended to read as follows:

     613.340  1.  It is an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment, for an employment agency to discriminate against any person, or for a labor organization to discriminate against any member thereof or applicant for membership, because the employee, applicant, person or member, as applicable, has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.435, inclusive, or because he or she has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.435, inclusive.

     2.  It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin when religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification for employment.

 


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by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin when religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification for employment.

     Sec. 9.  NRS 613.350 is hereby amended to read as follows:

     613.350  1.  It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any person, for a labor organization to classify its membership or to classify or refer for employment any person, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any person in any such program, on the basis of his or her religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in those instances where religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise.

     2.  It is not an unlawful employment practice for an employer to fail or refuse to hire and employ employees, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of a disability in those instances where physical, mental or visual condition is a bona fide and relevant occupational qualification necessary to the normal operation of that particular business or enterprise, if it is shown that the particular disability would prevent proper performance of the work for which the person with a disability would otherwise have been hired, classified, referred or prepared under a training or retraining program.

     3.  It is not an unlawful employment practice for an employer to fail or refuse to hire or to discharge a person, for an employment agency to fail to classify or refer any person for employment, for a labor organization to fail to classify its membership or to fail to classify or refer any person for employment, or for an employer, labor organization or joint labor-committee controlling apprenticeship or other training or retraining programs to fail to admit or employ any person in any such program, on the basis of his or her age if the person is less than 40 years of age.

     4.  It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if the school or institution is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of the school or institution is directed toward the propagation of a particular religion.

 


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particular religion or by a particular religious corporation, association or society, or if the curriculum of the school or institution is directed toward the propagation of a particular religion.

     5.  It is not an unlawful employment practice for an employer to observe the terms of any bona fide plan for employees’ benefits, such as a retirement, pension or insurance plan, which is not a subterfuge to evade the provisions of NRS 613.310 to 613.435, inclusive, as they relate to discrimination against a person because of age, except that no such plan excuses the failure to hire any person who is at least 40 years of age.

     6.  It is not an unlawful employment practice for an employer to require employees to adhere to reasonable workplace appearance, grooming and dress standards so long as such requirements are not precluded by law, except that an employer shall allow an employee to appear, groom and dress consistent with the employee’s gender identity or expression.

     Sec. 10.  NRS 613.380 is hereby amended to read as follows:

     613.380  Notwithstanding any other provision of NRS 613.310 to 613.435, inclusive, it is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, if those differences are not the result of an intention to discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, if the test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin.

     Sec. 11.  NRS 613.400 is hereby amended to read as follows:

     613.400  Nothing contained in NRS 613.310 to 613.435, inclusive, requires any employer, employment agency, labor organization or joint labor-management committee subject to NRS 613.310 to 613.435, inclusive, to grant preferential treatment to any person or to any group because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of the individual or group on account of an imbalance which exists with respect to the total number or percentage of persons of any race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of that race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in any community, section or other area, or in the available workforce in any community, section or other area.

 


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     Sec. 12.  NRS 613.405 is hereby amended to read as follows:

     613.405  Any person injured by an unlawful employment practice within the scope of NRS 613.310 to 613.435, inclusive, may file a complaint to that effect with the Nevada Equal Rights Commission if the complaint is based on discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin.

     Sec. 13.  NRS 233.010 is hereby amended to read as follows:

     233.010  1.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold [employment and] housing accommodations without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, national origin or ancestry.

     2.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, national origin or ancestry.

     3.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold employment without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry.

     4.  It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State.

     Sec. 14.  NRS 233.020 is hereby amended to read as follows:

     233.020  As used in this chapter:

     1.  “Administrator” means the Administrator of the Commission.

     2.  “Commission” means the Nevada Equal Rights Commission within the Department of Employment, Training and Rehabilitation.

     3.  “Disability” means, with respect to a person:

     (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

     (b) A record of such an impairment; or

     (c) Being regarded as having such an impairment.

     4.  “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

     5.  “Member” means a member of the Nevada Equal Rights Commission.

     [5.] 6.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

     Sec. 15.  NRS 233.150 is hereby amended to read as follows:

     233.150  The Commission may:

 


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     1.  Order its Administrator to:

     (a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin or ancestry, and may conduct hearings with regard thereto.

     (b) With regard to [employment and] housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, national origin or ancestry, and may conduct hearings with regard thereto.

     (c) With regard to employment, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto.

     2.  Mediate between or reconcile the persons or groups involved in those tensions, practices and acts.

     3.  Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission.

     4.  Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ.

     5.  Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law.

     Sec. 16.  NRS 281.370 is hereby amended to read as follows:

     281.370  1.  All personnel actions taken by state, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof must be based solely on merit and fitness.

     2.  State, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of the person’s race, creed, color, national origin, sex, sexual orientation, gender identity or expression, age, political affiliation or disability, except when based upon a bona fide occupational qualification.

     3.  As used in this section:

     (a) “Disability” means, with respect to a person:

           (1) A physical or mental impairment that substantially limits one or

more of the major life activities of the person;

           (2) A record of such an impairment; or

           (3) Being regarded as having such an impairment.

     (b) “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

     (c) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

     Sec. 17.  NRS 338.125 is hereby amended to read as follows:

     338.125  1.  It is unlawful for any contractor in connection with the performance of work under a contract with a public body, when payment of the contract price, or any part of such payment, is to be made from public money, to refuse to employ or to discharge from employment any person because of his or her race, color, creed, national origin, sex, sexual orientation , gender identity or expression, or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his or her race, creed, color, national origin, sex, sexual orientation , gender identity or expression, or age.

 


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because of his or her race, color, creed, national origin, sex, sexual orientation , gender identity or expression, or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his or her race, creed, color, national origin, sex, sexual orientation , gender identity or expression, or age.

     2.  Contracts between contractors and public bodies must contain the following contractual provisions:

 

     In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation , gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.

     The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.

 

     3.  Any violation of such provision by a contractor constitutes a material breach of contract.

     4.  As used in this section [, “sexual] :

     (a) “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

     (b) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

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ê2011 Statutes of Nevada, Page 503ê

 

CHAPTER 113, AB 73

Assembly Bill No. 73–Committee on Government Affairs

 

CHAPTER 113

 

[Approved: May 24, 2011]

 

AN ACT relating to water; authorizing the State Engineer or any assistant or authorized a    gent of the State Engineer to enter certain land to investigate and carry out the duties of the State Engineer; revising provisions relating to the forfeiture of certain water rights; removing provisions requiring the State Engineer to adopt regulations establishing a program to allow a public water system to receive a credit for adding a new customer to the system; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, if an owner or proprietor appropriates underground water through the use of a well, the State Engineer or any assistant or authorized agent of the State Engineer is authorized to enter the premises of the owner or proprietor where such a well is situated to investigate and carry out the duties of the State Engineer in the administration of the provisions of chapter 534 of NRS governing underground water and wells. (NRS 534.130) However, existing law does not confer similar authority upon the State Engineer or any assistant or authorized agent of the State Engineer to enter the land of an owner or proprietor for the purpose of carrying out the provisions of chapter 533 of NRS governing vested water rights and rights to appropriate public water for a beneficial use. Section 1 of this bill specifically confers such authority upon the State Engineer or any assistant or authorized agent of the State Engineer for the purpose of carrying out the provisions of chapter 533 of NRS.

       Under existing law, the State Engineer is authorized to inspect at any time the construction of a dam for which he or she has issued a permit to appropriate, store and use the water to be impounded or diverted by the dam. (NRS 535.010) Existing law also requires the State Engineer to make inspections of dams from time to time. (NRS 535.030) In addition to any such authorized or required inspections, and similarly to the authority conferred in section 1, section 5 of this bill specifically confers authority upon the State Engineer or any assistant or authorized agent of the State Engineer to enter the land of any owner or proprietor where any dam or other obstruction is situated to investigate and carry out the duties of the State Engineer pursuant to chapter 535 of NRS.

       Existing law provides for the forfeiture of a right to use beneficially all or any part of underground water for the purpose for which the underground water is acquired or claimed. Existing law also authorizes the State Engineer to extend the amount of time required to work the forfeiture. (NRS 534.090) Section 3 of this bill clarifies that groundwater rights for which a certificate of beneficial use has been issued, instead of groundwater rights held under a permit, are subject to the forfeiture procedure. Permitted rights are lost through the process of cancellation. (NRS 533.395) In addition, section 3 requires the State Engineer to declare a water right forfeited for nonuse if the State Engineer grants an extension of time to the owner of the water right and, before the expiration of that extension of time, proof of resumption of beneficial use or another request for an extension of time is not filed in the Office of the State Engineer.

 


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       Existing law requires the State Engineer to adopt regulations establishing a program that allows a public water system to receive a credit for adding a new customer to the public water system in any area that the State Engineer has designated as a groundwater basin and in which the State Engineer has denied one or more applications for a municipal use of groundwater. Before adopting those regulations, existing law requires the State Engineer to hold a public hearing within the basin to which the regulations will apply or within the county in which a major portion of the groundwater basin lies. (NRS 534.350) Section 4 of this bill deletes the requirement for the State Engineer to adopt those regulations and to hold a public hearing before adopting the regulations.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:

     The State Engineer or any assistant or authorized agent of the State Engineer may enter the land of any owner or proprietor where any water is being diverted or used pursuant to this chapter at any reasonable hour of the day to investigate and carry out the duties of the State Engineer pursuant to this chapter.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  NRS 534.090 is hereby amended to read as follows:

     534.090  1.  Except as otherwise provided in this section, failure for 5 successive years after April 15, 1967, on the part of the holder of any right, whether it is an adjudicated right, an unadjudicated right or a [permitted] right [,] for which a certificate has been issued pursuant to NRS 533.425, and further whether the right is initiated after or before March 25, 1939, to use beneficially all or any part of the underground water for the purpose for which the right is acquired or claimed, works a forfeiture of both undetermined rights and determined rights to the use of that water to the extent of the nonuse. If the records of the State Engineer or any other documents specified by the State Engineer indicate at least 4 consecutive years, but less than 5 consecutive years, of nonuse of all or any part of a water right which is governed by this chapter, the State Engineer shall notify the owner of the water right, as determined in the records of the Office of the State Engineer, by registered or certified mail that the owner has 1 year after the date of the notice in which to use the water right beneficially and to provide proof of such use to the State Engineer or apply for relief pursuant to subsection 2 to avoid forfeiting the water right. If, after 1 year after the date of the notice, proof of resumption of beneficial use is not [sent to] filed in the Office of the State Engineer, the State Engineer shall, unless the State Engineer has granted a request to extend the time necessary to work a forfeiture of the water right, declare the right forfeited within 30 days. Upon the forfeiture of a right to the use of groundwater, the water reverts to the public and is available for further appropriation, subject to existing rights. If, upon notice by registered or certified mail to the owner of record whose right has been declared forfeited, the owner of record fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the forfeiture becomes final. The failure to receive a notice pursuant to this subsection does not nullify the forfeiture or extend the time necessary to work the forfeiture of a water right.

 


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     2.  The State Engineer may, upon the request of the holder of any right described in subsection 1, extend the time necessary to work a forfeiture under that subsection if the request is made before the expiration of the time necessary to work a forfeiture. The State Engineer may grant, upon request and for good cause shown, any number of extensions, but a single extension must not exceed 1 year. In determining whether to grant or deny a request, the State Engineer shall, among other reasons, consider:

     (a) Whether the holder has shown good cause for the holder’s failure to use all or any part of the water beneficially for the purpose for which the holder’s right is acquired or claimed;

     (b) The unavailability of water to put to a beneficial use which is beyond the control of the holder;

     (c) Any economic conditions or natural disasters which made the holder unable to put the water to that use;

     (d) Any prolonged period in which precipitation in the basin where the water right is located is below the average for that basin or in which indexes that measure soil moisture show that a deficit in soil moisture has occurred in that basin; and

     (e) Whether the holder has demonstrated efficient ways of using the water for agricultural purposes, such as center-pivot irrigation.

Ê The State Engineer shall notify, by registered or certified mail, the owner of the water right, as determined in the records of the Office of the State Engineer, of whether the State Engineer has granted or denied the holder’s request for an extension pursuant to this subsection. If the State Engineer grants an extension pursuant to this subsection and, before the expiration of that extension, proof of resumption of beneficial use or another request for an extension is not filed in the Office of the State Engineer, the State Engineer shall declare the water right forfeited within 30 days after the expiration of the extension granted pursuant to this subsection.

     3.  If the failure to use the water pursuant to subsection 1 is because of the use of center-pivot irrigation before July 1, 1983, and such use could result in a forfeiture of a portion of a right, the State Engineer shall, by registered or certified mail, send to the owner of record a notice of intent to declare a forfeiture. The notice must provide that the owner has at least 1 year after the date of the notice to use the water beneficially or apply for additional relief pursuant to subsection 2 before forfeiture of the owner’s right is declared by the State Engineer.

     4.  A right to use underground water whether it is vested or otherwise may be lost by abandonment. If the State Engineer, in investigating a groundwater source, upon which there has been a prior right, for the purpose of acting upon an application to appropriate water from the same source, is of the belief from his or her examination that an abandonment has taken place, the State Engineer shall so state in the ruling approving the application. If, upon notice by registered or certified mail to the owner of record who had the prior right, the owner of record of the prior right fails to appeal the ruling in the manner provided for in NRS 533.450, and within the time provided for therein, the alleged abandonment declaration as set forth by the State Engineer becomes final.

     Sec. 4.  NRS 534.350 is hereby amended to read as follows:

     534.350  1.  [The State Engineer shall adopt regulations establishing a program that allows a] A public water system [to] may receive credits, as provided in this section, for the addition of new customers to the system.

 


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provided in this section, for the addition of new customers to the system. The [program] granting of a credit pursuant to this section must be limited to public water systems in areas:

     (a) Designated as groundwater basins by the State Engineer pursuant to the provisions of NRS 534.030; and

     (b) [In which the State Engineer has denied one or more applications for any municipal uses of groundwater.] For which the State Engineer has issued an order for granting a credit pursuant to this section.

     2.  [Before the State Engineer adopts any regulations pursuant to this section regarding any particular groundwater basin, the State Engineer shall hold a public hearing:

     (a) Within the basin to which the regulations will apply if adequate facilities to hold a hearing are available within that basin; or

     (b) In all other cases, within the county where the major portion of that basin lies,

Ê to take testimony from any interested persons regarding the proposed regulations.

     3.  Upon adoption of the regulations required by this section regarding a particular groundwater basin, a] A public water system which provides service in [that] a groundwater basin is entitled to receive a credit for each customer who is added to the system [after the adoption of those regulations] and:

     (a) Voluntarily ceases to draw water from a domestic well located within that basin; or

     (b) Is the owner of a lot or other parcel of land, other than land used or intended solely for use as a location for a domestic well, which:

           (1) Is located within that basin;

           (2) Was established as a separate lot or parcel before July 1, 1993;

           (3) Was approved by a local governing body or planning commission for service by an individual domestic well before July 1, 1993; and

           (4) Is subject to a written agreement which was voluntarily entered into by the owner with the public water system pursuant to which the owner agrees not to drill a domestic well on the land and the public water system agrees that it will provide water service to the land. Any such agreement must be acknowledged and recorded in the same manner as conveyances affecting real property are required to be acknowledged and recorded pursuant to chapter 111 of NRS.

     [4.] 3.  If a county requires, by ordinance, the dedication to the county of a right to appropriate water from a domestic well which is located on a lot or other parcel of land that was established as a separate lot or parcel on or after July 1, 1993, the county may, by relinquishment to the State Engineer, allow the right to appropriate water to revert to the source of the water. The State Engineer shall not accept a relinquishment of a right to appropriate water pursuant to this subsection unless the right is in good standing as determined by the State Engineer. A right to appropriate water that is dedicated and relinquished pursuant to this subsection:

     (a) Remains appurtenant only to the parcel of land in which it is located as specified on the parcel map; and

     (b) Maintains its date of priority established pursuant to NRS 534.080.

     [5.] 4.  If an owner of a parcel of land specified in subsection [4] 3 becomes a new customer of a public water system for that parcel of land, the public water system is entitled to receive a credit in the same manner as the addition of any other customer to the public water system pursuant to this section.

 


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public water system is entitled to receive a credit in the same manner as the addition of any other customer to the public water system pursuant to this section.

     [6.] 5.  The State Engineer may require a new customer, who voluntarily ceases to draw water from a domestic well as provided in paragraph (a) of subsection [3] 2 or whose right to appropriate water is dedicated pursuant to subsection [4,] 3, to plug that well.

     [7.] 6.  A credit granted pursuant to this section:

     (a) Must be sufficient to enable the public water system to add one service connection for a single-family dwelling to the system, except that the credit may not exceed the increase in water consumption attributable to the additional service connection or 2 acre-feet per year, whichever is less.

     (b) May not be converted to an appropriative water right.

     [8.] 7.  This section does not:

     (a) Require a public water system to extend its service area.

     (b) Authorize any increase in the total amount of groundwater pumped in a groundwater basin.

     (c) Affect any rights of an owner of a domestic well who does not voluntarily comply with the provisions of this section.

     [9.] 8.  As used in this section:

     (a) “Domestic well” means a well used for culinary and household purposes in:

           (1) A single-family dwelling; and

           (2) An accessory dwelling unit for a single-family dwelling if provided for in an applicable local ordinance,

Ê including the watering of a garden, lawn and domestic animals and where the draught does not exceed 2 acre-feet per year.

     (b) “Public water system” has the meaning ascribed to it in NRS 445A.840.

     Sec. 5.  Chapter 535 of NRS is hereby amended by adding thereto a new section to read as follows:

     In addition to any inspection conducted pursuant to NRS 535.010 or 535.030, the State Engineer or any assistant or authorized agent of the State Engineer may enter the land of any owner or proprietor where any dam or other obstruction is situated at any reasonable hour of the day to investigate and carry out the duties of the State Engineer pursuant to this chapter.

     Sec. 6.  The Legislature hereby declares that:

     1.  It has examined the past and present practice of the State Engineer with respect to the forfeiture of water rights on and after March 15, 1947, and finds that the State Engineer has applied the provisions of Nevada law relating to the forfeiture of water rights in a manner consistent with the provisions of subsection 1 of NRS 534.090, as amended by section 3 of this act.

     2.  The amendatory provisions of subsection 1 of section 3 of this act are intended to clarify rather than change the existing application of NRS 534.090 relating to the forfeiture of water rights and to promote thereby stability and consistency in the administration of chapters 533 and 534 of NRS.

     Sec. 7.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 508ê

 

CHAPTER 114, SB 35

Senate Bill No. 35–Committee on Education

 

CHAPTER 114

 

[Approved: May 24, 2011]

 

AN ACT relating to education; removing the requirement that certain information concerning paraprofessionals be maintained in the automated system of accountability information for Nevada; revising the manner in which the results of pupils on certain examinations are reported by charter schools to the Department of Education; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Department of Education is required to establish and maintain an automated system of accountability information for Nevada that must, in part, have the capacity to identify which teachers and paraprofessionals are assigned to individual pupils. (NRS 386.650) Section 1 of this bill removes the requirement that the automated system of accountability information have the capacity to identify which paraprofessionals are assigned to provide services to individual pupils and also removes the requirement that the information on pupil achievement maintained in the system be used to evaluate paraprofessionals.

       Under existing law, the board of trustees of each school district and the governing body of each charter school are required to administer certain examinations to determine the achievement and proficiency of pupils and to report the results of those examinations to the Department. (NRS 389.015, 389.017, 389.550, 389.560) Sections 2 and 3 of this bill revise the manner in which the results of pupils on those examinations are reported by requiring the governing body of each charter school to submit the results and other required information through the sponsor of the charter school.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 386.650 is hereby amended to read as follows:

     386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

     (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

           (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and

           (2) In a separate reporting for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361;

     (b) Include a system of unique identification for each pupil:

           (1) To ensure that individual pupils may be tracked over time throughout this State; and

           (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school;

 


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     (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

     (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

     (e) Have the capacity to identify which teachers are assigned to individual pupils ; [and which paraprofessionals, if any, are assigned to provide services to individual pupils;]

     (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the designation of schools and school districts pursuant to NRS 385.3623 and 385.377, respectively, and an identification of which schools, if any, are persistently dangerous;

     (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

     (h) Be designed to improve the ability of the Department, school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction. The information must be considered, but must not be used as the sole criterion, in evaluating the performance of or taking disciplinary action against an individual teacher [, paraprofessional] or other employee.

     2.  The board of trustees of each school district shall:

     (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

     (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

     (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

     3.  The Superintendent of Public Instruction shall:

     (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

     (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 and by each university school for profoundly gifted pupils;

     (c) Prescribe the format for the data;

     (d) Prescribe the date by which each school district shall report the data to the Department;

     (e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

 


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     (f) Prescribe the date by which each university school for profoundly gifted pupils shall report the data to the Department;

     (g) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

           (1) Individual pupils;

           (2) Individual teachers ; [and paraprofessionals;]

           (3) Individual schools and school districts; and

           (4) Programs and financial information;

     (h) Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school and university school for profoundly gifted pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

     (i) Provide for the analysis and reporting of the data in the automated system of information.

     4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

     5.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

     Sec. 2.  NRS 389.017 is hereby amended to read as follows:

     389.017  1.  The State Board shall adopt regulations [requiring] that [each] require the board of trustees of [a] each school district and [each] the governing body of [a] each charter school , through the sponsor of the charter school, to submit to the Superintendent of Public Instruction and the Department, in the form and manner prescribed by the Superintendent, the results of achievement and proficiency examinations administered pursuant to NRS 389.015 to public school pupils of the district and charter schools. The State Board shall not include in the regulations any provision which would violate the confidentiality of the test scores of any individual pupil.

     2.  The results of examinations must be reported for each school, including, without limitation, each charter school, school district and this State, as follows:

     (a) The average score, as defined by the Department, of pupils who took the examinations under regular testing conditions; and

 


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     (b) The average score, as defined by the Department, of pupils who took the examinations with modifications or accommodations, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

     3.  Not later than 10 days after the Department receives the results of the achievement and proficiency examinations, the Department shall transmit a copy of the results of the examinations administered pursuant to NRS 389.015 to the Legislative Bureau of Educational Accountability and Program Evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

     4.  On or before July 1 of each year, the board of trustees of each school district and the governing body of each charter school , through the sponsor of the charter school, shall report to the Department the following information for each examination administered in the public schools in the school district or charter school:

     (a) The examination administered;

     (b) The grade level or levels of pupils to whom the examination was administered;

     (c) The costs incurred by the school district or charter school in administering each examination; and

     (d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

Ê On or before September 1 of each year, the Department shall transmit to the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau the information submitted to the Department pursuant to this subsection.

     5.  The superintendent of schools of each school district and the governing body of each charter school , through the sponsor of the charter school, shall certify that the number of pupils who took the examinations required pursuant to NRS 389.015 is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations.

     6.  In addition to the information required by subsection 4, the Superintendent of Public Instruction shall:

     (a) Report the number of pupils who were absent from school on the day that the examinations were administered; and

     (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were absent from school on the day that the examinations were administered.

     Sec. 3.  NRS 389.560 is hereby amended to read as follows:

     389.560  1.  The State Board shall adopt regulations that require the board of trustees of each school district and the governing body of each charter school , through the sponsor of the charter school, to submit to the Superintendent of Public Instruction, the Department and the Council, in the form and manner prescribed by the Superintendent, the results of the examinations administered pursuant to NRS 389.550. The State Board shall not include in the regulations any provision that would violate the confidentiality of the test scores of an individual pupil.

     2.  The results of the examinations must be reported for each school, including, without limitation, each charter school, school district and this State, as follows:

 


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     (a) The percentage of pupils who have demonstrated proficiency, as defined by the Department, and took the examinations under regular testing conditions; and

     (b) The percentage of pupils who have demonstrated proficiency, as defined by the Department, and took the examinations with modifications or accommodations, if such reporting does not violate the confidentiality of the test scores of any individual pupil.

     3.  Not later than 10 days after the Department receives the results of the examinations, the Department shall transmit a copy of the results to the Legislative Bureau of Educational Accountability and Program Evaluation in a manner that does not violate the confidentiality of the test scores of any individual pupil.

     4.  On or before July 1 of each year, the board of trustees of each school district and the governing body of each charter school , through the sponsor of the charter school, shall report to the Department the following information for each examination administered in the public schools in the school district or charter school:

     (a) The examination administered;

     (b) The grade level or levels of pupils to whom the examination was administered;

     (c) The costs incurred by the school district or charter school in administering each examination; and

     (d) The purpose, if any, for which the results of the examination are used by the school district or charter school.

Ê On or before September 1 of each year, the Department shall transmit to the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau the information submitted to the Department pursuant to this subsection.

     5.  The superintendent of schools of each school district and the governing body of each charter school , through the sponsor of the charter school, shall certify that the number of pupils who took the examinations is equal to the number of pupils who are enrolled in each school in the school district or in the charter school who are required to take the examinations.

     6.  In addition to the information required by subsection 4, the Superintendent of Public Instruction shall:

     (a) Report the number of pupils who were not exempt from taking the examinations but were absent from school on the day that the examinations were administered; and

     (b) Reconcile the number of pupils who were required to take the examinations with the number of pupils who were exempt from taking the examinations or absent from school on the day that the examinations were administered.

     Sec. 4.  This act becomes effective on July 1, 2011.

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