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ê2011 Statutes of Nevada, Page 599ê

 

CHAPTER 129, AB 13

Assembly Bill No. 13–Committee on Judiciary

 

CHAPTER 129

 

[Approved: May 27, 2011]

 

AN ACT relating to juveniles; making it discretionary rather than mandatory for a peace officer or probation officer to take a child into custody for an unlawful act involving the possession, use or threatened use of a firearm; providing for the disposition of cases involving the killing or possession of certain animals; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a peace officer or probation officer may take into custody any child who the officer has probable cause to believe is violating or has violated any state or local law, ordinance, or rule or regulation having the force of law, but if the peace officer or probation officer has probable cause to believe that a child is committing or has committed an unlawful act that involves the possession, use or threatened use of a firearm, the officer is required to take the child into custody. (NRS 62C.010, 62C.060) Section 1 of this bill makes it discretionary rather than mandatory for a peace officer or probation officer to take a child into custody for an unlawful act involving the possession, use or threatened use of a firearm.

       Existing law prohibits a person from killing or aiding and abetting another person to kill bighorn sheep, mountain goats, elk, deer, pronghorn antelopes, mountain lions or black bears except under certain circumstances. Existing law further prohibits a person from possessing such animals if the person knows or should have known that the animal was killed in violation of existing law. (NRS 501.376) Section 2 of this bill provides for the disposition of cases in which a child has been adjudicated delinquent for an unlawful act involving the killing or possession of such animals in violation of NRS 501.376.

       Section 4 of this bill makes these new provisions effective on March 1, 2012, which is the start of a new year for licenses for hunting, fishing and trapping.

 

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 62C.060 is hereby amended to read as follows:

     62C.060  1.  [If a peace officer or probation officer has probable cause to believe that a child is committing or has committed an unlawful act that involves the possession, use or threatened use of a firearm, the officer shall take the child into custody.

     2.]  If a child is taken into custody for an unlawful act [described in this section,] that involves the possession, use or threatened use of a firearm, the child must not be released before a detention hearing is held pursuant to NRS 62C.040.

     [3.] 2.  At the detention hearing, the juvenile court shall, if the child was taken into custody for:

     (a) Carrying or possessing a firearm while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility, order the child to:

 


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ê2011 Statutes of Nevada, Page 600 (Chapter 129, AB 13)ê

 

           (1) Be evaluated by a qualified professional; and

           (2) Submit to a test to determine whether the child is using any controlled substance.

     (b) Committing an unlawful act involving a firearm other than the act described in paragraph (a), determine whether to order the child to be evaluated by a qualified professional.

     [4.] 3.  If the juvenile court orders the child to be evaluated by a qualified professional or to submit to a test to determine whether the child is using any controlled substance, the evaluation or the results from the test must be completed not later than 14 days after the detention hearing. Until the evaluation or the test is completed, the child must be:

     (a) Detained at a facility for the detention of children; or

     (b) Placed under a program of supervision in the home of the child that may include electronic surveillance of the child.

     [5.] 4.  If a child is evaluated by a qualified professional pursuant to this section, the statements made by the child to the qualified professional during the evaluation and any evidence directly or indirectly derived from those statements may not be used for any purpose in a proceeding which is conducted to prove that the child committed a delinquent act or criminal offense. The provisions of this subsection do not prohibit the district attorney from proving that the child committed a delinquent act or criminal offense based upon evidence obtained from sources or by means that are independent of the statements made by the child to the qualified professional during the evaluation.

     [6.] 5.  As used in this section, “child care facility” has the meaning ascribed to it in paragraph (a) of subsection 5 of NRS 202.265.

     Sec. 2.  Chapter 62E of NRS is hereby amended by adding thereto a new section to read as follows:

     If a child is adjudicated delinquent for an unlawful act involving the killing or possession of certain animals in violation of NRS 501.376, the juvenile court may do any or all of the following:

     1.  Order the child to pay a fine. If the juvenile court orders the child to pay a fine, the juvenile court shall order the child to pay an administrative assessment pursuant to NRS 62E.270. If, because of financial hardship, the child is unable to pay the fine, the juvenile court may order the child to perform community service.

     2.  Order the child or the parent or guardian of the child, or both, to pay a civil penalty pursuant to NRS 501.3855.

     3.  Order that any license issued to the child pursuant to chapter 502 of NRS be revoked by the Department of Wildlife. The juvenile court shall order the child to surrender to the court any license issued to the child pursuant to chapter 502 of NRS then held by the child and, not later than 5 days after issuing the order, forward to the Department of Wildlife any license surrendered by the child and a copy of the order.

     4.  Order that the child must not receive a license to hunt, fish or trap within the 2 years immediately following the date of the order or until the child is 18 years of age, whichever is later.

     5.  Order the child placed on probation and impose such conditions as the juvenile court deems proper.

 


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ê2011 Statutes of Nevada, Page 601 (Chapter 129, AB 13)ê

 

     Sec. 3.  NRS 502.118 is hereby amended to read as follows:

     502.118  Upon receipt of a copy of an order of the juvenile court, entered pursuant to NRS 62E.660 [,] or section 2 of this act to revoke the license of a child to hunt [of a child,], fish or trap, the Department shall revoke the license. The revocation of the license [to hunt] shall be deemed effective as of the date of the order. The Department shall retain the copy of the order.

     Sec. 4.  This act becomes effective on March 1, 2012.

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CHAPTER 130, AB 19

Assembly Bill No. 19–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 130

 

[Approved: May 29, 2011]

 

AN ACT relating to fishing; requiring the Department of Wildlife to issue special fishing permits to certain social groups operated for the benefit of children; requiring the Department to issue to a person who is not a bona fide resident of the State of Nevada an annual license to fish solely in certain reciprocal waters upon the payment of a fee; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Department of Wildlife to issue special fishing permits to each public nonprofit and private nonprofit club or other social group that is operated for the benefit of disadvantaged or at-risk children. (NRS 502.077) Section 1 of this bill expands that requirement to include each public nonprofit and private nonprofit club, foundation, program, educational institution or other social group that is operated for the benefit of any children, not just disadvantaged or at-risk children.

       Under existing law, a person who wishes to fish in Nevada but is not a bona fide resident of Nevada may, upon the payment of the appropriate fee, obtain an annual fishing license, a 1-day permit to fish or a combined hunting and fishing license. (NRS 502.240) Section 2 of this bill requires the Department of Wildlife, upon the payment of a fee of $25, to issue to such a person an annual license to fish solely in the reciprocal waters of the Colorado River, Lake Mead, Lake Mohave, Lake Tahoe and Topaz Lake.

 

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 502.077 is hereby amended to read as follows:

     502.077  1.  The Department shall issue special fishing permits to each public and private nonprofit:

     (a) Mental health facility or hospital that provides mental health services;

     (b) Facility for the detention or correctional care of juveniles;

     (c) Rehabilitation center within a hospital;

 


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ê2011 Statutes of Nevada, Page 602 (Chapter 130, AB 19)ê

 

     (d) Facility or establishment that provides care for older persons;

     (e) Facility which provides temporary foster care for children who are not delinquent; and

     (f) Club , foundation, program, educational institution or other social group operated for the benefit of [disadvantaged or at-risk] children.

     2.  The permits:

     (a) Must be in the possession of the officer or employee of the organization who is supervising a member, student, pupil, patient or child while the member, student, pupil, patient or child is fishing.

     (b) Authorize a member, student, pupil, patient or child to fish in a legal manner if in the company of an officer or employee of one of the organizations listed in this section if the officer or employee has a valid Nevada fishing license.

     (c) Must be issued pursuant and subject to regulations prescribed by the Commission.

     (d) Must contain the words “Nevada Special Fishing Permit” and the number of the permit printed on the face of the permit.

     (e) May authorize no more than 15 members, students, pupils, patients or children, respectively, to fish.

     3.  Each organization shall pay to the Department an annual fee of $25 for each permit issued to the organization pursuant to this section. The Department shall not issue more than two permits per year to each organization.

     4.  It is unlawful for any person other than a member, student, pupil, patient or child in one of these organizations to fish with a permit issued by the Department pursuant to this section.

     Sec. 2.  NRS 502.240 is hereby amended to read as follows:

     502.240  The Department shall issue annual licenses and limited permits:

     1.  To any person who has not attained his or her 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding the person’s application for a license, upon payment of a fee of $10 for an annual trapping license.

     2.  Except as otherwise provided in NRS 502.083, 502.245 and 504.390, to any person who has attained his or her 16th birthday and who has been a bona fide resident of the State of Nevada for 6 months immediately preceding the person’s application for a license, upon the payment of a fee of:

 

For an annual fishing license........................................................................................................................ $25

For a 1-day permit to fish................................................................................................................................. 8

For each consecutive day added to a 1-day permit to fish................................................................................ 3

For a hunting license....................................................................................................................................... 29

For a combined hunting and fishing license.................................................................................................... 50

For a trapping license...................................................................................................................................... 38

For a fur dealer’s license................................................................................................................................. 63

For an annual master guide’s license............................................................................................................. 750

For an annual subguide’s license.................................................................................................................. 125

 


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ê2011 Statutes of Nevada, Page 603 (Chapter 130, AB 19)ê

 

     3.  To any person who has attained his or her 12th birthday but who has not attained his or her 16th birthday, and who is not a bona fide resident of the State of Nevada, upon the payment of a fee of $17 for an annual fishing license.

     4.  Except as otherwise provided in subsection 3 and NRS 502.083, to any person who is not a bona fide resident of the State of Nevada, upon the payment of a fee of:

 

For an annual fishing license........................................................................................................................ $65

For a 1-day permit to fish............................................................................................................................... 17

For each consecutive day added to a 1-day permit to fish...................................................................... 7

For an annual license to fish solely in the reciprocal waters of the Colorado River, Lake Mead, Lake Mohave, Lake Tahoe and Topaz Lake........................................................................................... 25

For a hunting license.................................................................................................................................... 138

For a combined hunting and fishing license.................................................................................................. 195

For an annual trapper’s license..................................................................................................................... 188

For a fur dealer’s license............................................................................................................................... 125

For an annual master guide’s license.......................................................................................................... 1,500

For an annual subguide’s license.................................................................................................................. 250

For a 1-day permit to hunt upland game and migratory game birds...................................................... 20

For each consecutive day added to a 1-day permit to hunt upland game and migratory game birds....... 8

 

     5.  To any person, without regard to residence, upon the payment of a fee of:

 

For a noncommercial license for the possession of live wildlife........................................................ $15

For a commercial or private shooting preserve................................................................................... 125

For a commercial license for the possession of live wildlife.............................................................. 500

For a live bait dealer’s permit............................................................................................................... 44

For a competitive field trials permit...................................................................................................... 31

For a permit to train dogs or falcons..................................................................................................... 15

For a 1-year falconry license................................................................................................................ 38

For a 3-year falconry license................................................................................................................ 94

For an importation permit..................................................................................................................... 15

For an import eligibility permit............................................................................................................. 31

For an exportation permit..................................................................................................................... 15

For any other special permit issued by the Department, a fee not to exceed the highest fee established for any other special permit set by the Commission.

     Sec. 3.  This act becomes effective:

     1.  Upon passage and approval for the purpose of adopting any regulations required to carry out the provisions of NRS 502.077, as amended by section 1 of this act; and

     2.  On March 1, 2012, for all other purposes.

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ê2011 Statutes of Nevada, Page 604ê

 

CHAPTER 131, AB 109

Assembly Bill No. 109–Assemblyman Segerblom

 

CHAPTER 131

 

[Approved: May 29, 2011]

 

AN ACT relating to secured transactions; enacting the amendments to Article 9 of the Uniform Commercial Code; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law contains Article 9 of the Uniform Commercial Code, the uniform law governing secured transactions. This bill enacts the 2010 amendments to Article 9.

       Sections 2-9 and 25 of this bill provide that the amendments to Article 9 become effective on July 1, 2013, and enact the transitional rules included in those amendments.

       Section 10 of this bill enacts the uniform amendments to the definitions of certain terms which are defined for the purposes of Article 9.

       Existing law provides that a secured party may perfect a security interest in electronic chattel paper by obtaining control of the electronic chattel paper. Section 11 of this bill enacts the uniform amendments to the rule governing whether a secured party has such control.

       Existing law provides that, in certain circumstances, the law of the jurisdiction in which a debtor is located governs the perfection and priority of a security interest. (NRS 104.9301) Section 12 of this bill enacts the uniform amendments to the rules for determining the location of an organization that is organized under the law of the United States and the location of a branch or agency of a bank that is not organized under the law of the United States or a state.

       Section 13 of this bill enacts the uniform amendments to the rules governing the perfection of a security interest in property covered by a certificate of title.

       Section 14 of this bill enacts the uniform amendments governing the perfection of a security interest that attaches before a debtor changes location and the perfection of a security interest when a new debtor becomes bound by a security agreement entered into by another person.

       Section 15 of this bill enacts the uniform amendments to certain provisions governing the circumstances under which a buyer of property takes the property free of security interests.

       Section 16 of this bill enacts the uniform amendments to provisions concerning the priority of security interests created by a new debtor who becomes bound by a security agreement entered into by another person.

       Sections 17 and 18 of this bill enact the uniform amendments to provisions governing the effectiveness of certain contractual terms when a person who has a security interest in certain payment rights enforces the security interest and disposes of the payment rights.

       Existing law requires a financing statement to be filed to perfect a security interest in certain circumstances. (NRS 104.9310) To be sufficient, a financing statement must contain the name of the debtor. (NRS 104.9502) Section 19 of this bill enacts the uniform amendments to the rules for determining whether a financing statement sufficiently provides the name of the debtor. Section 20 of this bill enacts the uniform amendments to rules governing the effectiveness of a financing statement when, at the time the financing statement was filed, the debtor’s name was sufficiently provided but, at a later date, the debtor’s name is no longer sufficiently provided.

 


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ê2011 Statutes of Nevada, Page 605 (Chapter 131, AB 109)ê

 

       Existing law provides that, if a financing statement states that the debtor is a transmitting utility, the financing statement does not lapse and is effective until a termination statement is filed. (NRS 104.9515) Section 21 of this bill provides that such a financing statement does not lapse only if the initial financing statement states that the debtor is a transmitting utility.

       Section 22 of this bill enacts the uniform amendments to the circumstances under which a filing office may refuse to accept a financing statement.

       Existing law authorizes a debtor to file a correction statement if the debtor believes that a record indexed under the debtor’s name is inaccurate or was wrongfully filed. Under existing law, the correction statement is informational and does not affect the effectiveness of a financing statement. (NRS 104.9518) Section 23 of this bill enacts the uniform amendment that authorizes a secured party to file an information statement under certain circumstances.

       Existing law provides for the rights of a secured party upon a default by a debtor. (NRS 104.9601-104.9628) Section 24 of this bill enacts the uniform amendment to certain rights held by a person who has a security interest in a payment right secured by real property.

 

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 104 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

     Sec. 2.  1.  Except as otherwise provided in sections 2 to 9, inclusive, of this act, this article as amended applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013.

     2.  This article as amended does not affect an action, case or proceeding commenced before July 1, 2013.

     Sec. 3.  1.  A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under this article if, when this article as amended takes effect, the applicable requirements for attachment and perfection under this article as amended are satisfied without further action.

     2.  Except as otherwise provided in section 5 of this act, if, immediately before July 1, 2013, a security interest is a perfected security interest, but the applicable requirements for perfection under this article as amended are not satisfied on July 1, 2013, the security interest remains perfected thereafter only if the applicable requirements for perfection under this article as amended are satisfied within 1 year after July 1, 2013.

     Sec. 4.  A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest:

     1.  Without further action, on that date if the applicable requirements for perfection under this article as amended are satisfied before or at that time; or

     2.  When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.

     Sec. 5.  1.  The filing of a financing statement before July 1, 2013, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this article as amended.

 


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ê2011 Statutes of Nevada, Page 606 (Chapter 131, AB 109)ê

 

     2.  This article as amended does not render ineffective an effective financing statement that, before July 1, 2013, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this article before amendment. However, except as otherwise provided in subsections 3 and 4 and section 6 of this act, the financing statement ceases to be effective:

     (a) If the financing statement is filed in this State, at the time the financing statement would have ceased to be effective had this article as amended not taken effect; or

     (b) If the financing statement is filed in another jurisdiction, at the earlier of:

           (1) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or

           (2) June 30, 2018.

     3.  The filing of a continuation statement on or after July 1, 2013, does not continue the effectiveness of the financing statement filed before that date. However, upon the timely filing of a continuation statement on or after July 1, 2013, and in accordance with the law of the jurisdiction governing perfection as provided in this article as amended, the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2013, continues for the period provided by the law of that jurisdiction.

     4.  Subparagraph (2) of paragraph (b) of subsection 2 applies to a financing statement that, before July 1, 2013, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in this article before amendment, only to the extent that this article as amended provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.

     5.  A financing statement that includes a financing statement filed before July 1, 2013, and a continuation statement filed on or after July 1, 2013, is effective only to the extent that it satisfies the requirements of part 5 for an initial financing statement. A financing statement which indicates that the debtor is a decedent’s estate indicates that the collateral is being administered by a personal representative within the meaning of paragraph (b) of subsection 1 of NRS 104.9503. A financing statement which indicates that the debtor is a trust or a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of paragraph (c) of subsection 1 of NRS 104.9503.

     Sec. 6.  1.  The filing of an initial financing statement in the office specified in NRS 104.9501 continues the effectiveness of a financing statement filed before July 1, 2013, if:

     (a) The filing of an initial financing statement in that office would be effective to perfect a security interest under this article as amended;

     (b) The pre-effective-date financing statement was filed in an office in another state; and

     (c) The initial financing statement satisfies subsection 3.

     2.  The filing of an initial financing statement under subsection 1 continues the effectiveness of the pre-effective-date financing statement:

 


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ê2011 Statutes of Nevada, Page 607 (Chapter 131, AB 109)ê

 

     (a) If the initial financing statement is filed before July 1, 2013, for the period provided in NRS 104.9515, as it existed before July 1, 2013, with respect to an initial financing statement; and

     (b) If the initial financing statement is filed on or after July 1, 2013, for the period provided in NRS 104.9515 with respect to an initial financing statement.

     3.  To be effective for purposes of subsection 1, an initial financing statement must:

     (a) Satisfy the requirements of part 5 for an initial financing statement;

     (b) Identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and

     (c) Indicate that the pre-effective-date financing statement remains effective.

     Sec. 7.  1.  In this section, “pre-effective-date financing statement” means a financing statement filed before July 1, 2013.

     2.  On or after July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in this article as amended. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.

     3.  Except as otherwise provided in subsection 4, if the law of this State governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended on or after July 1, 2013, only if:

     (a) The pre-effective-date financing statement and an amendment are filed in the office specified in NRS 104.9501;

     (b) An amendment is filed in the office specified in NRS 104.9501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies subsection 3 of section 6 of this act; or

     (c) An initial financing statement that provides the information as amended and satisfies subsection 3 of section 6 of this act is filed in the office specified in NRS 104.9501.

     4.  If the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under subsections 3 and 5 of section 5 of this act or section 6 of this act.

     5.  Whether or not the law of this State governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this State may be terminated on or after July 1, 2013, by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies subsection 3 of section 6 of this act has been filed in the office specified by the law of the jurisdiction governing perfection as provided in this article as amended as the office in which to file a financing statement.

 


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ê2011 Statutes of Nevada, Page 608 (Chapter 131, AB 109)ê

 

     Sec. 8.  A person may file an initial financing statement or a continuation statement under this part if:

     1.  The secured party of record authorizes the filing; and

     2.  The filing is necessary under this part:

     (a) To continue the effectiveness of a financing statement filed before July 1, 2013; or

     (b) To perfect or continue the perfection of a security interest.

     Sec. 9.  This article as amended determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, this article before amendment determines priority.

     Sec. 10.  NRS 104.9102 is hereby amended to read as follows:

     104.9102  1.  In this Article:

     (a) “Accession” means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.

     (b) “Account,” except as used in “account for,” means a right to payment of a monetary obligation, whether or not earned by performance; for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of; for services rendered or to be rendered; for a policy of insurance issued or to be issued; for a secondary obligation incurred or to be incurred; for energy provided or to be provided; for the use or hire of a vessel under a charter or other contract; arising out of the use of a credit or charge card or information contained on or for use with the card; or as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes health-care-insurance receivables. The term does not include rights to payment evidenced by chattel paper or an instrument; commercial tort claims; deposit accounts; investment property; letter-of-credit rights or letters of credit; or rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card.

     (c) “Account debtor” means a person obligated on an account, chattel paper or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper.

     (d) “Accounting,” except as used in “accounting for,” means a record:

           (1) Authenticated by a secured party;

           (2) Indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and

           (3) Identifying the components of the obligations in reasonable detail.

     (e) “Agricultural lien” means an interest, other than a security interest, in farm products:

           (1) Which secures payment or performance of an obligation for:

                (I) Goods or services furnished in connection with a debtor’s farming operation; or

                (II) Rent on real property leased by a debtor in connection with its farming operation;

           (2) Which is created by statute in favor of a person that:

                (I) In the ordinary course of its business furnished goods or services to a debtor in connection with his or her farming operation; or

 


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ê2011 Statutes of Nevada, Page 609 (Chapter 131, AB 109)ê

 

                (II) Leased real property to a debtor in connection with his or her farming operation; and

           (3) Whose effectiveness does not depend on the person’s possession of the personal property.

     (f) “As-extracted collateral” means:

           (1) Oil, gas or other minerals that are subject to a security interest that:

                (I) Is created by a debtor having an interest in the minerals before extraction; and

                (II) Attaches to the minerals as extracted; or

           (2) Accounts arising out of the sale at the wellhead or minehead of oil, gas or other minerals in which the debtor had an interest before extraction.

     (g) “Authenticate” means:

           (1) To sign; or

           (2) [To execute or otherwise adopt a symbol, or encrypt or similarly process a record in whole or in part, with the present intent of the authenticating person to identify himself or herself and adopt or accept a record.] With present intent to adopt or accept a record, to attach to or logically associate with the record an electronic sound, symbol or process.

     (h) “Bank” means an organization that is engaged in the business of banking. The term includes savings banks, savings and loan associations, credit unions and trust companies.

     (i) “Cash proceeds” means proceeds that are money, checks, deposit accounts or the like.

     (j) “Certificate of title” means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral.

     (k) “Chattel paper” means a record or records that evidence both a monetary obligation and a security interest in or a lease of specific goods or of specific goods and software used in the goods, or a security interest in or a lease of specific goods and a license of software used in the goods. The term does not include charters or other contracts involving the use or hire of a vessel, or records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper. As used in this paragraph, “monetary obligation” means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods.

     (l) “Collateral” means the property subject to a security interest or agricultural lien. The term includes:

           (1) Proceeds to which a security interest attaches;

           (2) Accounts, chattel paper, payment intangibles and promissory notes that have been sold; and

           (3) Goods that are the subject of a consignment.

 


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ê2011 Statutes of Nevada, Page 610 (Chapter 131, AB 109)ê

 

     (m) “Commercial tort claim” means a claim arising in tort with respect to which:

           (1) The claimant is an organization; or

           (2) The claimant is a natural person and the claim:

                (I) Arose in the course of the claimant’s business or profession; and

                (II) Does not include damages arising out of personal injury to or the death of a natural person.

     (n) “Commodity account” means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer.

     (o) “Commodity contract” means a commodity futures contract, an option on a commodity futures contract, a commodity option or another contract if the contract or option is:

           (1) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or

           (2) Traded on a foreign commodity board of trade, exchange or market, and is carried on the books of a commodity intermediary for a commodity customer.

     (p) “Commodity customer” means a person for which a commodity intermediary carries a commodity contract on its books.

     (q) “Commodity intermediary” means a person that:

           (1) Is registered as a futures commission merchant under federal commodities law; or

           (2) In the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.

     (r) “Communicate” means:

           (1) To send a written or other tangible record;

           (2) To transmit a record by any means agreed upon by the persons sending and receiving the record; or

           (3) In the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule.

     (s) “Consignee” means a merchant to which goods are delivered in a consignment.

     (t) “Consignment” means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:

           (1) The merchant:

                (I) Deals in goods of that kind under a name other than the name of the person making delivery;

                (II) Is not an auctioneer; and

                (III) Is not generally known by its creditors to be substantially engaged in selling the goods of others;

           (2) With respect to each delivery, the aggregate value of the goods is $1,000 or more at the time of delivery;

           (3) The goods are not consumer goods immediately before delivery; and

           (4) The transaction does not create a security interest that secures an obligation.

     (u) “Consignor” means a person that delivers goods to a consignee in a consignment.

 


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ê2011 Statutes of Nevada, Page 611 (Chapter 131, AB 109)ê

 

     (v) “Consumer debtor” means a debtor in a consumer transaction.

     (w) “Consumer goods” means goods that are used or bought for use primarily for personal, family or household purposes.

     (x) “Consumer-goods transaction” means a consumer transaction to the extent that:

           (1) A natural person incurs an obligation primarily for personal, family or household purposes; and

           (2) A security interest in consumer goods or in consumer goods and software that is held or acquired primarily for personal, family or household purposes secures the obligation.

     (y) “Consumer obligor” means an obligor who is a natural person and who incurred the obligation as part of a transaction entered into primarily for personal, family or household purposes.

     (z) “Consumer transaction” means a transaction to the extent that a natural person incurs an obligation primarily for personal, family or household purposes; a security interest secures the obligation; and the collateral is held or acquired primarily for personal, family or household purposes. The term includes consumer-goods transactions.

     (aa) “Continuation statement” means a change of a financing statement which:

           (1) Identifies, by its file number, the initial financing statement to which it relates; and

           (2) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement.

     (bb) “Debtor” means:

           (1) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;

           (2) A seller of accounts, chattel paper, payment intangibles or promissory notes; or

           (3) A consignee.

     (cc) “Deposit account” means a demand, time, savings, passbook or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.

     (dd) “Document” means a document of title or a receipt of the type described in subsection 2 of NRS 104.7201.

     (ee) “Electronic chattel paper” means chattel paper evidenced by a record or records consisting of information stored in an electronic medium.

     (ff) “Encumbrance” means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property.

     (gg) “Equipment” means goods other than inventory, farm products or consumer goods.

     (hh) “Farm products” means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are:

           (1) Crops grown, growing or to be grown, including:

                (I) Crops produced on trees, vines and bushes; and

                (II) Aquatic goods produced in aquacultural operations;

           (2) Livestock, born or unborn, including aquatic goods produced in aquacultural operations;

           (3) Supplies used or produced in a farming operation; or

           (4) Products of crops or livestock in their unmanufactured states.

     (ii) “Farming operation” means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.

 


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     (jj) “File number” means the number assigned to an initial financing statement pursuant to subsection 1 of NRS 104.9519.

     (kk) “Filing office” means an office designated in NRS 104.9501 as the place to file a financing statement.

     (ll) “Filing-office rule” means a rule adopted pursuant to NRS 104.9526.

     (mm) “Financing statement” means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.

     (nn) “Fixture filing” means the filing of a financing statement covering goods that are or are to become fixtures and satisfying subsections 1 and 2 of NRS 104.9502. The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.

     (oo) “Fixtures” means goods that have become so related to particular real property that an interest in them arises under real property law.

     (pp) “General intangible” means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas or other minerals before extraction. The term includes payment intangibles and software.

     (qq) “Goods” means all things that are movable when a security interest attaches. The term includes fixtures; standing timber that is to be cut and removed under a conveyance or contract for sale; the unborn young of animals; crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes; and manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if the program is associated with the goods in such a manner that it customarily is considered part of the goods, or by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas or other minerals before extraction.

     (rr) “Governmental unit” means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.

     (ss) “Health-care-insurance receivable” means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided.

     (tt) “Instrument” means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary endorsement or assignment. The term does not include investment property, letters of credit or writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.

     (uu) “Inventory” means goods, other than farm products, which:

 


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ê2011 Statutes of Nevada, Page 613 (Chapter 131, AB 109)ê

 

           (1) Are leased by a person as lessor;

           (2) Are held by a person for sale or lease or to be furnished under a contract of service;

           (3) Are furnished by a person under a contract of service; or

           (4) Consist of raw materials, work in process, or materials used or consumed in a business.

     (vv) “Investment property” means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.

     (ww) “Jurisdiction of organization,” with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.

     (xx) “Letter-of-credit right” means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.

     (yy) “Lien creditor” means:

           (1) A creditor that has acquired a lien on the property involved by attachment, levy or the like;

           (2) An assignee for benefit of creditors from the time of assignment;

           (3) A trustee in bankruptcy from the date of the filing of the petition; or

           (4) A receiver in equity from the time of appointment.

     (zz) “Manufactured home” means a structure, transportable in one or more sections, which in the traveling mode, is 8 feet or more in body width or 40 feet or more in body length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.

     (aaa) “Manufactured-home transaction” means a secured transaction:

           (1) That creates a purchase-money security interest in a manufactured home, other than a manufactured home held as inventory; or

           (2) In which a manufactured home, other than a manufactured home held as inventory, is the primary collateral.

     (bbb) “Mortgage” means a consensual interest in real property, including fixtures, which is created by a mortgage, deed of trust, or similar transaction.

     (ccc) “New debtor” means a person that becomes bound as debtor under subsection 4 of NRS 104.9203 by a security agreement previously entered into by another person.

     (ddd) “New value” means money; money’s worth in property, services or new credit; or release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.

     (eee) “Noncash proceeds” means proceeds other than cash proceeds.

 


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     (fff) “Obligor” means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, owes payment or other performance of the obligation, has provided property other than the collateral to secure payment or other performance of the obligation, or is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include an issuer or a nominated person under a letter of credit.

     (ggg) “Original debtor” means, except as used in subsection 3 of NRS 104.9310, a person that, as debtor, entered into a security agreement to which a new debtor has become bound under subsection 4 of NRS 104.9203.

     (hhh) “Payment intangible” means a general intangible under which the account debtor’s principal obligation is a monetary obligation.

     (iii) “Person related to,” with respect to a natural person, means:

           (1) The person’s spouse;

           (2) The person’s brother, brother-in-law, sister or sister-in-law;

           (3) The person’s or the person’s spouse’s ancestor or lineal descendant; or

           (4) Any other relative, by blood or marriage, of the person or the person’s spouse who shares the same home with him or her.

     (jjj) “Person related to,” with respect to an organization, means:

           (1) A person directly or indirectly controlling, controlled by or under common control with the organization;

           (2) An officer or director of, or a person performing similar functions with respect to, the organization;

           (3) An officer or director of, or a person performing similar functions with respect to, a person described in subparagraph (1);

           (4) The spouse of a natural person described in subparagraph (1), (2) or (3); or

           (5) A person who is related by blood or marriage to a person described in subparagraph (1), (2), (3) or (4) and shares the same home with that person.

     (kkk) “Proceeds” means, except as used in subsection 2 of NRS 104.9609, the following property:

           (1) Whatever is acquired upon the sale, lease, license, exchange or other disposition of collateral;

           (2) Whatever is collected on, or distributed on account of, collateral;

           (3) Rights arising out of collateral;

           (4) To the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; and

           (5) To the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.

     (lll) “Promissory note” means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.

     (mmm) “Proposal” means a record authenticated by a secured party which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to NRS 104.9620, 104.9621 and 104.9622.

 


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ê2011 Statutes of Nevada, Page 615 (Chapter 131, AB 109)ê

 

     (nnn) “Public-finance transaction” means a secured transaction in connection with which:

           (1) Debt securities are issued;

           (2) All or a portion of the securities issued have an initial stated maturity of at least 20 years; and

           (3) The debtor, the obligor, the secured party, the account debtor or other person obligated on collateral, the assignor or assignee of a secured obligation, or the assignor or assignee of a security interest is a state or a governmental unit of a state.

     (ooo) “Public organic record” means a record that is available to the public for inspection and is:

           (1) A record consisting of the record initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States which amends or restates the initial record;

           (2) An organic record of a business trust consisting of the record initially filed with a state and any record filed with the state which amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or

           (3) A record consisting of legislation enacted by the legislature of a state or the Congress of the United States which forms or organizes an organization, any record amending the legislation and any record filed with or issued by the state or the United States which amends or restates the name of the organization.

     (ppp) “Pursuant to commitment,” with respect to an advance made or other value given by a secured party, means pursuant to the secured party’s obligation, whether or not a subsequent event of default or other event not within the secured party’s control has relieved or may relieve the secured party from its obligation.

     [(ppp)] (qqq) “Record,” except as used in “for record,” “of record,” “record or legal title,” and “record owner,” means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

     [(qqq)] (rrr) “Registered organization” means an organization formed or organized solely under the law of a single state or the United States [and as to which the state or the United States must maintain a public record showing the organization to have been organized.

     (rrr)] by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. The term includes a business trust that is formed or organized under the law of a single state if a statute of the state governing business trusts requires that the business trust’s organic record be filed with the state.

     (sss) “Secondary obligor” means an obligor to the extent that:

           (1) The obligor’s obligation is secondary; or

           (2) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor or property of either.

     [(sss)] (ttt) “Secured party” means:

           (1) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;

 


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ê2011 Statutes of Nevada, Page 616 (Chapter 131, AB 109)ê

 

           (2) A person that holds an agricultural lien;

           (3) A consignor;

           (4) A person to which accounts, chattel paper, payment intangibles or promissory notes have been sold;

           (5) A trustee, indenture trustee, agent, collateral agent or other representative in whose favor a security interest or agricultural lien is created or provided for; or

           (6) A person that holds a security interest arising under NRS 104.2401, 104.2505, subsection 3 of NRS 104.2711, NRS 104.4210, 104.5118 or subsection 5 of NRS 104A.2508.

     [(ttt)] (uuu) “Security agreement” means an agreement that creates or provides for a security interest.

     [(uuu)] (vvv) “Send,” in connection with a record or notification, means:

           (1) To deposit in the mail, deliver for transmission or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or

           (2) To cause the record or notification to be received within the time that it would have been received if properly sent under subparagraph (1).

     [(vvv)] (www) “Software” means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is contained in goods unless the goods are a computer or computer peripheral.

     [(www)] (xxx) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

     [(xxx)] (yyy) “Supporting obligation” means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, document, general intangible, instrument or investment property.

     [(yyy)] (zzz) “Tangible chattel paper” means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium.

     [(zzz)] (aaaa) “Termination statement” means a subsequent filing which:

           (1) Identifies, by its file number, the initial financing statement to which it relates; and

           (2) Indicates either that it is a termination statement or that the identified financing statement is no longer effective.

     [(aaaa)] (bbbb) “Transmitting utility” means a person primarily engaged in the business of:

           (1) Operating a railroad, subway, street railway or trolley bus;

           (2) Transmitting communications electrically, electromagnetically or by light;

           (3) Transmitting goods by pipeline;

           (4) Providing sewerage; or

           (5) Transmitting or producing and transmitting electricity, steam, gas or water.

     2.  “Control” as provided in NRS 104.7106 and the following definitions in other Articles apply to this Article:

 


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ê2011 Statutes of Nevada, Page 617 (Chapter 131, AB 109)ê

 

“Applicant.” NRS 104.5102.

“Beneficiary.” NRS 104.5102.

“Broker.” NRS 104.8102.

“Certificated security.” NRS 104.8102.

“Check.” NRS 104.3104.

“Clearing corporation.” NRS 104.8102.

“Contract for sale.” NRS 104.2106.

“Customer.” NRS 104.4104.

“Entitlement holder.” NRS 104.8102.

“Financial asset.” NRS 104.8102.

“Holder in due course.” NRS 104.3302.

“Issuer” (with respect to a letter of credit or letter-of-credit right). NRS 104.5102.

“Issuer” (with respect to a security). NRS 104.8201.

“Issuer” (with respect to documents of title). NRS 104.7102.

“Lease.” NRS 104A.2103.

“Lease agreement.” NRS 104A.2103.

“Lease contract.” NRS 104A.2103.

“Leasehold interest.” NRS 104A.2103.

“Lessee.” NRS 104A.2103.

“Lessee in ordinary course of business.” NRS 104A.2103.

“Lessor.” NRS 104A.2103.

“Lessor’s residual interest.” NRS 104A.2103.

“Letter of credit.” NRS 104.5102.

“Merchant.” NRS 104.2104.

“Negotiable instrument.” NRS 104.3104.

“Nominated person.” NRS 104.5102.

“Note.” NRS 104.3104.

“Proceeds of a letter of credit.” NRS 104.5114.

“Prove.” NRS 104.3103.

“Sale.” NRS 104.2106.

“Securities account.” NRS 104.8501.

“Securities intermediary.” NRS 104.8102.

“Security.” NRS 104.8102.

“Security certificate.” NRS 104.8102.

“Security entitlement.” NRS 104.8102.

“Uncertificated security.” NRS 104.8102.

 

     3.  Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.

     Sec. 11.  NRS 104.9105 is hereby amended to read as follows:

     104.9105  1.  A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.

     2.  A system satisfies subsection 1 if the record or records comprising the chattel paper are created, stored and assigned in such a manner that:

     [1.] (a) A single authoritative copy of the record or records exists which is unique, identifiable and, except as otherwise provided in [subsections 4, 5 and 6,] paragraphs (d), (e) and (f), unalterable;

     [2.] (b) The authoritative copy identifies the secured party as the assignee of the record or records;

 


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     [3.] (c) The authoritative copy is communicated to and maintained by the secured party or its designated custodian;

     [4.] (d) Copies or [revisions] amendments that add or change an identified assignee of the authoritative copy can be made only with the [participation] consent of the secured party;

     [5.] (e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

     [6.] (f) Any [revision] amendment of the authoritative copy is readily identifiable as [an] authorized or unauthorized . [revision.]

     Sec. 12.  NRS 104.9307 is hereby amended to read as follows:

     104.9307  1.  In this section, “place of business” means a place where a debtor conducts its affairs.

     2.  Except as otherwise provided in this section, the following rules determine a debtor’s location:

     (a) A natural person is located at his or her residence.

     (b) Any other debtor having only one place of business is located at its place of business.

     (c) Any other debtor having more than one place of business is located at its chief executive office.

     3.  Subsection 2 applies only if a debtor’s residence, place of business or chief executive office, as applicable, is located in a jurisdiction whose law requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording or registration system as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection 2 does not apply, the debtor is deemed to be located in the District of Columbia.

     4.  A person that ceases to exist, have a residence or have a place of business continues to be located in the jurisdiction specified by subsections 2 and 3.

     5.  A registered organization that is organized under the law of a state is located in that state.

     6.  Except as otherwise provided in subsection 9, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located or deemed to be located:

     (a) In the state that the law of the United States designates, if the law designates a state of location;

     (b) In the state that the registered organization, branch or agency designates, if the law of the United States authorizes the registered organization, branch or agency to designate its state of location [;] , including by designating its main office, home office or other comparable office; or

     (c) In the District of Columbia, if neither paragraph (a) nor paragraph (b) applies.

     7.  A registered organization continues to be located in the jurisdiction specified by subsection 5 or 6 notwithstanding:

     (a) The suspension, revocation, forfeiture or lapse of the registered organization’s status as such in its jurisdiction of organization; or

     (b) The dissolution, winding up or cancellation of the existence of the registered organization.

 


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     8.  The United States is deemed to be located in the District of Columbia.

     9.  A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.

     10.  A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.

     11.  This section applies only for purposes of this part.

     Sec. 13.  NRS 104.9311 is hereby amended to read as follows:

     104.9311  1.  Except as otherwise provided in subsection 4, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:

     (a) A statute, regulation or treaty of the United States whose requirements for a security interest’s obtaining priority over the rights of a lien creditor with respect to the property preempt subsection 1 of NRS 104.9310;

     (b) Chapter 105 of NRS, NRS 482.423 to 482.431, inclusive, 488.1793 to 488.1827, inclusive, and 489.501 to 489.581, inclusive; or

     (c) A [certificate-of-title] statute of another jurisdiction which provides for a security interest to be indicated on [the] a certificate of title as a condition or result of the security interest’s obtaining priority over the rights of a lien creditor with respect to the property.

     2.  Compliance with the requirements of a statute, regulation or treaty described in subsection 1 for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this article. Except as otherwise provided in subsection 4, NRS 104.9313 and subsections 4 and 5 of NRS 104.9316 for goods covered by a certificate of title, a security interest in property subject to a statute, regulation or treaty described in subsection 1 may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.

     3.  Except as otherwise provided in subsection 4 and subsections 4 and 5 of NRS 104.9316, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation or treaty described in subsection 1 are governed by the statute, regulation or treaty. In other respects, the security interest is subject to this article.

     4.  During any period in which collateral subject to a statute specified in paragraph (b) of subsection 1 is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.

     Sec. 14.  NRS 104.9316 is hereby amended to read as follows:

     104.9316  1.  A security interest perfected pursuant to the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 remains perfected until the earliest of:

     (a) The time perfection would have ceased under the law of that jurisdiction;

     (b) The expiration of 4 months after a change of the debtor’s location to another jurisdiction; or

 


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     (c) The expiration of 1 year after a transfer of collateral to a person that thereby becomes a debtor and is located in another jurisdiction.

     2.  If a security interest described in subsection 1 becomes perfected under the law of the other jurisdiction before the earliest time or event described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

     3.  A possessory security interest in collateral, other than goods covered by a certificate of title and as-extracted collateral consisting of goods, remains continuously perfected if:

     (a) The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction;

     (b) Thereafter the collateral is brought into another jurisdiction; and

     (c) Upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction.

     4.  Except as otherwise provided in subsection 5, a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this State remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered.

     5.  A security interest described in subsection 4 becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under subsection 2 of NRS 104.9311 or under NRS 104.9313 are not satisfied before the earlier of:

     (a) The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this State; or

     (b) The expiration of 4 months after the goods had become so covered.

     6.  A security interest in deposit accounts, letter-of-credit rights or investment property which is perfected under the law of the bank’s jurisdiction, the issuer’s jurisdiction, a nominated person’s jurisdiction, the securities intermediary’s jurisdiction or the commodity intermediary’s jurisdiction, as applicable, remains perfected until the earlier of:

     (a) The time the security interest would have become unperfected under the law of that jurisdiction; or

     (b) The expiration of 4 months after a change of the applicable jurisdiction to another jurisdiction.

     7.  If a security interest described in subsection 6 becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in that subsection, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

     8.  The following rules apply to collateral to which a security interest attaches within 4 months after the debtor changes its location to another jurisdiction:

 


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     (a) A financing statement filed before the change pursuant to the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 is effective to perfect a security interest in the collateral if the financing statement would have been effective to perfect a security interest in the collateral if the debtor had not changed its location.

     (b) If a security interest perfected by a financing statement that is effective under paragraph (a) becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 or the expiration of the 4-month period, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

     9.  If a financing statement naming an original debtor is filed pursuant to the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 and the new debtor is located in another jurisdiction, the following rules apply:

     (a) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within 4 months after, the new debtor becomes bound under subsection 4 of NRS 104.9203, if the financing statement would have been effective to perfect a security interest in the collateral had the collateral been acquired by the original debtor.

     (b) A security interest perfected by the financing statement which becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in subsection 1 of NRS 104.9301 or subsection 3 of NRS 104.9305 or the expiration of the 4-month period remains perfected thereafter. A security interest that is perfected by the financing statement but which does not become perfected under the law of the other jurisdiction before the earlier time or event becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

     Sec. 15.  NRS 104.9317 is hereby amended to read as follows:

     104.9317  1.  A security interest or agricultural lien is subordinate to the rights of:

     (a) A person entitled to priority under NRS 104.9322; and

     (b) A person that becomes a lien creditor before the earlier of the time:

           (1) The security interest or agricultural lien is perfected; or

           (2) One of the conditions specified in paragraph (c) of subsection 2 of NRS 104.9203 is met and a financing statement covering the collateral is filed.

     2.  Except as otherwise provided in subsection 5, a buyer, other than a secured party, of tangible chattel paper, tangible documents, goods, instruments, or a [security certificate] certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.

 


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     3.  Except as otherwise provided in subsection 5, a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.

     4.  A licensee of a general intangible or a buyer, other than a secured party, of [accounts, electronic chattel paper, electronic documents, general intangibles or investment property] collateral other than tangible chattel paper, tangible documents, goods, instruments or a certificated security takes free of a security interest if the licensee gives value without knowledge of the security interest and before it is perfected.

     5.  Except as otherwise provided in NRS 104.9320 and 104.9321, if a person files a financing statement with respect to a purchase-money security interest before or within 20 days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee or lien creditor which arise between the time the security interest attaches and the time of filing.

     Sec. 16.  NRS 104.9326 is hereby amended to read as follows:

     104.9326  1.  Subject to subsection 2, a security interest that is created by a new debtor [which is] in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that [is effective solely under NRS 104.9508 in collateral in which a new debtor has or acquires rights] would be ineffective to perfect the security interest but for the application of paragraph (a) of subsection 9 of NRS 104.9316 or NRS 104.9508 is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement . [that is effective solely under that section.]

     2.  The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements [that are effective solely under NRS 104.9508.] described in subsection 1. However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor’s having become bound.

     Sec. 17.  NRS 104.9406 is hereby amended to read as follows:

     104.9406  1.  Subject to subsections 2 to 8, inclusive, an account debtor on an account, chattel paper or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.

     2.  Subject to subsection 8, notification is ineffective under subsection 1:

     (a) If it does not reasonably identify the rights assigned;

     (b) To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtor’s duty to pay a person other than the seller and the limitation is effective under law other than this article; or

     (c) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:

 


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           (1) Only a portion of the account, chattel paper or payment intangible has been assigned to that assignee;

           (2) A portion has been assigned to another assignee; or

           (3) The account debtor knows that the assignment to that assignee is limited.

     3.  Subject to subsection 8, if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection 1.

     4.  Except as otherwise provided in subsection 5 and NRS 104.9407 and 104A.2303, and subject to subsection 8, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:

     (a) Prohibits, restricts or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection or enforcement of a security interest in, the account, chattel paper, payment intangible or promissory note; or

     (b) Provides that the assignment or transfer, or the creation, attachment, perfection or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible or promissory note.

     5.  Subsection 4 does not apply to the sale of a payment intangible or promissory note [.] , other than a sale pursuant to a disposition under NRS 104.9610 or an acceptance of collateral under NRS 104.9620.

     6.  Subject to subsections 7 and 8, a rule of law, statute, or regulation, that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute or regulation:

     (a) Prohibits, restricts, or requires the consent of the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account or chattel paper; or

     (b) Provides that the assignment or transfer, or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper.

     7.  Subject to subsection 8, an account debtor may not waive or vary its option under paragraph (c) of subsection 2.

     8.  This section is subject to law other than this article which establishes a different rule for an account debtor who is [an individual] a natural person and who incurred the obligation primarily for personal, family or household purposes.

     9.  This section does not apply to an assignment of a health-care-insurance receivable or to a transfer of a right to receive payments pursuant to NRS 42.030.

     Sec. 18.  NRS 104.9408 is hereby amended to read as follows:

     104.9408  1.  Except as otherwise provided in subsection 2, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license or franchise, and prohibits, restricts or requires the consent of the person obligated on the promissory note or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable or general intangible, is ineffective to the extent that the term:

 


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including a contract, permit, license or franchise, and prohibits, restricts or requires the consent of the person obligated on the promissory note or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable or general intangible, is ineffective to the extent that the term:

     (a) Would impair the creation, attachment or perfection of a security interest; or

     (b) Provides that the assignment or transfer, or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination or remedy under the promissory note, health-care-insurance receivable or general intangible.

     2.  Subsection 1 applies to a security interest in a payment intangible or promissory note only if the security interest arises out of a sale of the payment intangible or promissory note [.] , other than a sale pursuant to a disposition under NRS 104.9610 or an acceptance of collateral under NRS 104.9620.

     3.  A rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health-care-insurance receivable or general intangible, including a contract, permit, license or franchise between an account debtor and a debtor, is ineffective to the extent that the rule of law, statute or regulation:

     (a) Would impair the creation, attachment or perfection of a security interest; or

     (b) Provides that the assignment or transfer, or the creation, attachment or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination or remedy under the promissory note, health-care-insurance receivable or general intangible.

     4.  To the extent that a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or general intangible or a rule of law, statute, or regulation described in subsection 3 would be effective under law other than this article but is ineffective under subsection 1 or 3, the creation, attachment or perfection of a security interest in the promissory note, health-care-insurance receivable or general intangible:

     (a) Is not enforceable against the person obligated on the promissory note or the account debtor;

     (b) Does not impose a duty or obligation on the person obligated on the promissory note or the account debtor;

     (c) Does not require the person obligated on the promissory note or the account debtor to recognize the security interest, pay or render performance to the secured party or accept payment or performance from the secured party;

     (d) Does not entitle the secured party to use or assign the debtor’s rights under the promissory note, health-care-insurance receivable or general intangible, including any related information or materials furnished to the debtor in the transaction giving rise to the promissory note, health-care-insurance receivable or general intangible;

 


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     (e) Does not entitle the secured party to use, assign, possess or have access to any trade secrets or confidential information of the person obligated on the promissory note or the account debtor; and

     (f) Does not entitle the secured party to enforce the security interest in the promissory note, health-care-insurance receivable or general intangible.

     Sec. 18.5.  NRS 104.9502 is hereby amended to read as follows:

     104.9502  1.  Subject to subsection 2, a financing statement is sufficient only if it:

     (a) Provides the name of the debtor;

     (b) Provides the name of the secured party or a representative of the secured party; and

     (c) Indicates the collateral covered by the financing statement.

     2.  Except as otherwise provided in subsection 2 of NRS 104.9501, to be sufficient, a financing statement that covers as-extracted collateral or timber to be cut, or which is filed as a fixture filing and covers goods that are or are to become fixtures, must satisfy subsection 1 and also:

     (a) Indicate that it covers this type of collateral;

     (b) Indicate that it is to be filed for record in the real property records;

     (c) Provide a description of the real property to which the collateral is related sufficient to give constructive notice of the mortgage under the law of this State if the description were contained in a mortgage of the real property; and

     (d) If the debtor does not have an interest of record in the real property, provide the name of a record owner.

     3.  A record of a mortgage is effective, from the date of recording, as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut only if:

     (a) The record indicates the goods or accounts that it covers;

     (b) The goods are or are to become fixtures related to the real property described in the mortgage or the collateral is related to the real property described in the mortgage and is as-extracted collateral or timber to be cut;

     (c) The record satisfies the requirements for a financing statement in this section [other than an indication] but:

          (1) The record need not indicate that it is to be filed in the real property records; and

           (2) The record sufficiently provides the name of a debtor who is a natural person if it provides the individual name of the debtor or the surname and first personal name of the debtor, even if the debtor is a natural person to whom paragraph (d) of subsection 1 of NRS 104.9503 applies; and

     (d) The mortgage is recorded.

     4.  A financing statement may be filed before a security agreement is made or a security interest otherwise attaches.

     Sec. 19.  NRS 104.9503 is hereby amended to read as follows:

     104.9503  1.  A financing statement sufficiently provides the name of the debtor:

     (a) [If] Except as otherwise provided in paragraph (c), if the debtor is a registered organization [,] or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name [of the debtor indicated] that is stated to be the registered organization’s name on the public organic record [of] most recently filed with or issued or enacted by the [debtor’s] registered organization’s jurisdiction of organization which [shows the debtor to have been organized;] purports to state, amend or restate the registered organization’s name;

 


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name on the public organic record [of] most recently filed with or issued or enacted by the [debtor’s] registered organization’s jurisdiction of organization which [shows the debtor to have been organized;] purports to state, amend or restate the registered organization’s name;

     (b) [If the debtor is a decedent’s estate,] Subject to subsection 6, if the collateral is being administered by the personal representative of a decedent, only if the financing statement provides , as the name of the debtor, the name of the decedent and , in a separate part of the financing statement, indicates that the [debtor is an estate;] collateral is being administered by a personal representative;

     (c) If the [debtor is a trust or a trustee acting with respect to property held in trust, only if the financing statement:

           (1) Provides the name specified for the trust in its organic documents or, if no name is specified, provides the name of the settlor and additional information sufficient to distinguish the debtor from other trusts having one or more of the same settlors; and

           (2) Indicates, in the debtor’s name or otherwise, that the debtor is a trust or is a trustee acting with respect to property held in trust; and] collateral is held in a trust that is not a registered organization, only if the financing statement:

           (1) Provides, as the name of the debtor:

                (I) If the organic record of the trust specifies a name for the trust, the name so specified; or

                (II) If the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and

           (2) In a separate part of the financing statement:

                (I) If the name is provided in accordance with sub-subparagraph (I) of subparagraph (1), indicates that the collateral is held in a trust; or

                (II) If the name is provided in accordance with sub-subparagraph (II) of subparagraph (1), provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates;

     (d) Subject to subsection 7, if the debtor is a natural person to whom this State has issued a driver’s license that has not expired or to whom the agency of this State that issues driver’s licenses has issued, in lieu of a driver’s license, a personal identification card that has not expired, only if the financing statement provides the name of the natural person which is indicated on the driver’s license or personal identification card;

     (e) If the debtor is a natural person to whom paragraph (d) does not apply, only if the financing statement provides the individual name of the debtor or the surname and first personal name of the debtor; and

     (f) In other cases:

           (1) If the debtor has a name, only if [it] the financing statement provides the organizational name of the debtor ; [as a natural person or an organization;] and

           (2) If the debtor does not have a name, only if [it] the financing statement provides the names of the partners, members, associates or other persons comprising the debtor [.] , in a manner that each name provided would be sufficient if the person named were the debtor.

 


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     2.  A financing statement that provides the name of the debtor in accordance with subsection 1 is not rendered ineffective by the absence of:

     (a) A trade name or other name of the debtor; or

     (b) Unless required under subparagraph (2) of paragraph [(d)] (f) of subsection 1, names of partners, members, associates or other persons comprising the debtor.

     3.  A financing statement that provides only the debtor’s trade name does not sufficiently provide the name of the debtor.

     4.  Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.

     5.  A financing statement may provide the name of more than one debtor and the name of more than one secured party.

     6.  The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the “name of the decedent” under paragraph (b) of subsection 1.

     7.  If this State has issued to a natural person more than one driver’s license or, if none, more than one personal identification card, of a kind described in paragraph (d) of subsection 1, the driver’s license or personal identification card, as applicable, that was issued most recently is the one to which paragraph (d) of subsection 1 refers.

     8.  In this section, the “name of the settlor or testator” means:

     (a) If the settlor is a registered organization, the name that is stated to be the settlor’s name on the public organic record most recently filed with or issued or enacted by the registered settlor’s jurisdiction of organization which purports to state, amend or restate the settlor’s name; or

     (b) In other cases, the name of the settlor or testator indicated in the trust’s organic record.

     Sec. 20.  NRS 104.9507 is hereby amended to read as follows:

     104.9507  1.  A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition.

     2.  Except as otherwise provided in subsection 3 and NRS 104.9508, a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under NRS 104.9506.

     3.  If [a debtor so changes its] the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under subsection 1 of NRS 104.9503 so that the financing statement becomes seriously misleading under NRS 104.9506:

     (a) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within 4 months after, the [change;] filed financing statement becomes seriously misleading; and

     (b) The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than 4 months after the [change,] filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within 4 months after [the change.] the financing statement became seriously misleading.

 


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     Sec. 21.  NRS 104.9515 is hereby amended to read as follows:

     104.9515  1.  Except as otherwise provided in subsections 2, 5, 6 and 7, a filed financing statement is effective for a period of 5 years after the date of filing.

     2.  Except as otherwise provided in subsections 5, 6 and 7, an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.

     3.  The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection 4. Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.

     4.  A continuation statement may be filed only within 6 months before the expiration of the 5-year period specified in subsection 1 or the 30-year period specified in subsection 2, whichever is applicable.

     5.  Except as otherwise provided in NRS 104.9510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of 5 years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the 5-year period, the financing statement lapses in the same manner as provided in subsection 3, unless, before the lapse, another continuation statement is filed pursuant to subsection 4. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.

     6.  If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.

     7.  A real property mortgage that is effective as a fixture filing under subsection 3 of NRS 104.9502 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.

     Sec. 22.  NRS 104.9516 is hereby amended to read as follows:

     104.9516  1.  Except as otherwise provided in subsection 2, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.

     2.  Filing does not occur with respect to a record that a filing office refuses to accept because:

     (a) The record is not communicated by a method or medium of communication authorized by the filing office;

     (b) An amount equal to or greater than the applicable filing fee is not tendered;

     (c) The filing office is unable to index the record because:

           (1) In the case of an initial financing statement, the record does not provide a name for the debtor;

           (2) In the case of an amendment or [correction] information statement, the record:

 


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                (I) Does not identify the initial financing statement as required by NRS 104.9512 or 104.9518, as applicable; or

                (II) Identifies an initial financing statement whose effectiveness has lapsed under NRS 104.9515;

           (3) In the case of an initial financing statement that provides the name of a debtor identified as a natural person or an amendment that provides a name of a debtor identified as a natural person which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor’s [last name;] surname; or

           (4) In the case of a record filed or recorded in the filing office described in paragraph (a) of subsection 1 of NRS 104.9501, the record does not provide a sufficient description of the real property to which it relates;

     (d) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;

     (e) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:

           (1) Provide a mailing address for the debtor; or

           (2) Indicate whether the name provided as the name of the debtor is the name of a natural person or an organization; [or

           (3) If the financing statement indicates that the debtor is an organization, provide:

                (I) A type of organization for the debtor;

                (II) A jurisdiction of organization for the debtor; or

                (III) An organizational identification number for the debtor or indicate that the debtor has none;]

     (f) In the case of an assignment reflected in an initial financing statement under subsection 1 of NRS 104.9514 or an amendment filed under subsection 2 of that section, the record does not provide a name and mailing address for the assignee; [or]

     (g) In the case of a continuation statement, the record is not filed within the 6-month period prescribed by subsection 4 of NRS 104.9515 [.] ; or

     (h) The record lists a public official of a governmental unit as a debtor and the public official has not authorized the filing of the information in an authenticated record as required pursuant to NRS 104.9509.

     3.  For purposes of subsection 2:

     (a) A record does not provide information if the filing office is unable to read or decipher the information; and

     (b) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by NRS 104.9512, 104.9514 or 104.9518, is an initial financing statement.

     4.  A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection 2, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.

     Sec. 23.  NRS 104.9518 is hereby amended to read as follows:

     104.9518  1.  A person may file in the filing office [a correction] an information statement with respect to a record indexed there under his or her name if the person believes that the record is inaccurate or was wrongfully filed.

 


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     2.  [A correction] An information statement under subsection 1 must:

     (a) Identify the record to which it relates by:

           (1) The file number assigned to the initial financing statement to which the record relates; and

           (2) If the [correction] information statement relates to a record filed or recorded in a filing office described in paragraph (a) of subsection 1 of NRS 104.9501, the date that the initial financing statement was filed or recorded and the information specified in subsection 2 of NRS 104.9502;

     (b) Indicate that it is [a correction] an information statement; and

     (c) Provide the basis for the person’s belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for his or her belief that the record was wrongfully filed.

     3.  A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under subsection 3 of NRS 104.9509.

     4.  An information statement under subsection 3 must:

     (a) Identify the record to which it relates by:

           (1) The file number assigned to the initial financing statement to which the record relates; and

           (2) If the information statement relates to a record filed or recorded in a filing office described in paragraph (a) of subsection 1 of NRS 104.9501, the date that the initial financing statement was filed or recorded and the information specified in subsection 2 of NRS 104.9502;

     (b) Indicate that it is an information statement; and

     (c) Provide the basis for the person’s belief that the person that filed the record was not entitled to do so under subsection 3 of NRS 104.9509.

     5.  The filing of [a correction] an information statement does not affect the effectiveness of an initial financing statement or other filed record.

     Sec. 24.  NRS 104.9607 is hereby amended to read as follows:

     104.9607  1.  If so agreed, and in any event after default, a secured party:

     (a) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;

     (b) May take any proceeds to which the secured party is entitled under NRS 104.9315;

     (c) May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;

     (d) If it holds a security interest in a deposit account perfected by control under paragraph (a) of subsection 1 of NRS 104.9104, may apply the balance of the deposit account to the obligation secured by the deposit account; and

 


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     (e) If it holds a security interest in a deposit account perfected by control under paragraph (b) or (c) of subsection 1 of NRS 104.9104, may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.

     2.  If necessary to enable a secured party to exercise under paragraph (c) of subsection 1 the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which the mortgage is recorded:

     (a) A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and

     (b) The secured party’s sworn affidavit in recordable form stating that:

           (1) A default has occurred [;] with respect to the obligation secured by the mortgage; and

           (2) The secured party is entitled to enforce the mortgage nonjudicially.

     3.  A secured party shall proceed in a commercially reasonable manner if the secured party:

     (a) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and

     (b) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.

     4.  A secured party may deduct from the collections made pursuant to subsection 3 reasonable expenses of collection and enforcement, including reasonable attorney’s fees and legal expenses incurred by the secured party.

     5.  This section does not determine whether an account debtor, bank or other person obligated on collateral owes a duty to a secured party.

     Sec. 25.  This act becomes effective on July 1, 2013.

________

 


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ê2011 Statutes of Nevada, Page 632ê

 

CHAPTER 132, AB 138

Assembly Bill No. 138–Committee on Education

 

CHAPTER 132

 

[Approved: May 29, 2011]

 

AN ACT relating to education; authorizing the Department of Education to work in consultation with the Nevada System of Higher Education to establish a plan to ensure that high school pupils are adequately prepared for postsecondary education and success in the workplace; revising certain requirements for the reports of accountability information prepared by the State Board of Education and the boards of trustees of school districts; revising provisions governing the academic plans for ninth grade pupils; authorizing school districts to adopt a policy for pupils to report unlawful activities; repealing certain provisions relating to the exemption of certain children from compulsory school attendance; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill authorizes the Department of Education to work in consultation with the Nevada System of Higher Education to establish clearly defined goals and benchmarks for pupils enrolled in public high schools to ensure that those pupils are adequately prepared for the educational requirements of postsecondary education and for success in the workplace.

       Sections 2, 2.5 and 4 of this bill revise the requirements for the reports of accountability information prepared by the State Board of Education and the board of trustees of each school district to include: (1) certain information relating to adult diplomas; and (2) reports on incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment and intimidation.

       Section 5 of this bill revises the provisions governing the policy for the 4-year academic plan for ninth grade pupils to provide that the policy may ensure that each ninth grade pupil and his or her parent or legal guardian are provided, to the extent practicable, with information concerning certain courses and programs available to the pupil, as well as the requirements for graduation, for admission to the Nevada System of Higher Education and for receipt of a Governor Guinn Millennium Scholarship.

       Section 8 of this bill authorizes the board of trustees of each school district to adopt a policy that allows a pupil enrolled in a public school within a school district to report, anonymously if the pupil chooses, any unlawful activities that are being conducted on school property, at an activity sponsored by the public school or on a school bus, commonly referred to as a “secret witness program.”

       Section 13 of this bill repeals certain provisions relating to the exemption of children from compulsory school attendance.

 

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

     1.  The Department may work in consultation with the Nevada System of Higher Education to establish a plan which sets forth clearly defined goals and benchmarks for pupils enrolled in the public high schools to ensure that those pupils are adequately prepared for the educational requirements of postsecondary education and for success in the workplace, including, without limitation, methods to ensure that the high school standards, graduation requirements and assessments are aligned with college and workforce readiness expectations.

 


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ensure that those pupils are adequately prepared for the educational requirements of postsecondary education and for success in the workplace, including, without limitation, methods to ensure that the high school standards, graduation requirements and assessments are aligned with college and workforce readiness expectations.

     2.  If such a plan is established, the Superintendent of Public Instruction shall:

     (a) On or before February 1 of each odd-numbered year, submit a report on the progress of the plan to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature; and

     (b) On or before February 1 of each even-numbered year, submit a report on the progress of the plan to the Legislative Committee on Education.

     Sec. 2.  NRS 385.3469 is hereby amended to read as follows:

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

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

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

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

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

           (3) Pupils with disabilities;

           (4) Pupils who are limited English proficient; and

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

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

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

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

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

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

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

 


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

           (2) Progress based upon the model adopted by the Department pursuant to NRS 385.3595, if applicable for the grade level of pupils enrolled at the school.

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

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

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

           (1) The percentage of teachers who are:

                (I) Providing instruction pursuant to NRS 391.125;

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

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

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

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

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

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

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

           (5) For each elementary school:

 


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

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

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

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

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

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

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

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

           (3) Withdraw from school to attend another school.

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

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

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

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

 


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

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

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

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

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

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

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

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

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

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

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

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

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

           (2) An adult diploma.

           (3) An adjusted diploma.

           [(3)] (4) A certificate of attendance.

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

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

 


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paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

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

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

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

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

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

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

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

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

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

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

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

     (hh) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, reported for each school district, including, without limitation, each charter school in the district, and for the State as a whole.

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

 


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ê2011 Statutes of Nevada, Page 638 (Chapter 132, AB 138)ê

 

     3.  The annual report of accountability must:

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

     (b) Be prepared in a concise manner; and

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

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

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

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

           (1) Governor;

           (2) Committee;

           (3) Bureau;

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

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

           (6) Governing body of each charter school.

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

     6.  As used in this section:

     (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

     (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

     (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

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

     [(b)] (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

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

     Sec. 2.5.  NRS 385.34692 is hereby amended to read as follows:

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

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

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

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

           (3) With disabilities;

           (4) Who are limited English proficient; and

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

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

     (c) The transiency rate of pupils;

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

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

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

 


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ê2011 Statutes of Nevada, Page 639 (Chapter 132, AB 138)ê

 

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

           (2) Possession of a weapon;

           (3) Distribution of a controlled substance;

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

           (5) Possession or use of alcohol; and

           (6) Bullying, cyber-bullying, harassment or intimidation;

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

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

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

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

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

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

           (1) Standard diploma;

           (2) Adult diploma;

           (3) Adjusted diploma; and

           (4) Certificate of attendance;

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

     (n) Per pupil expenditures;

     (o) Information on the professional qualifications of teachers;

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

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

     (r) Pupil achievement based upon the:

           (1) Examinations administered pursuant to NRS 389.550, including, without limitation, whether public schools have made progress based upon the model adopted by the Department pursuant to NRS 385.3595; and

           (2) High school proficiency examination;

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

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

     2.  The summary prepared pursuant to subsection 1 must:

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

     (b) Be prepared in a concise manner; and

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

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

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

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

 


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ê2011 Statutes of Nevada, Page 640 (Chapter 132, AB 138)ê

 

           (1) Governor;

           (2) Committee;

           (3) Bureau;

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

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

           (6) Governing body of each charter school.

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

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

     6.  As used in this section:

     (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

     (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

     (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

     (d) “Intimidation” has the meaning ascribed to it in NRS 388.129.

     Sec. 3.  (Deleted by amendment.)

     Sec. 4.  NRS 385.347 is hereby amended to read as follows:

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

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

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

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

 


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

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

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

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

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

                (III) Pupils with disabilities;

                (IV) Pupils who are limited English proficient; and

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

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

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

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

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

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

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

           (10) Information on whether each school in the district, including, without limitation, each charter school in the district, has made progress based upon the model adopted by the Department pursuant to NRS 385.3595.

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

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

 


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NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school in the district.

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

           (1) The percentage of teachers who are:

                (I) Providing instruction pursuant to NRS 391.125;

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

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

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

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

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

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

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

           (5) For each elementary school:

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

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

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

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

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

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

 


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

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

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

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

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

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

           (3) Withdraw from school to attend another school.

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

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

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

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

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

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

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

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

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

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

 


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is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

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

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

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

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

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

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

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

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

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

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

           (2) An adult diploma.

           (3) An adjusted diploma.

           [(3)] (4) A certificate of attendance.

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

     (w) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an

advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

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

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

 


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     (ee) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, for each school in the district and the district as a whole, including, without limitation, each charter school in the district.

 


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

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

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

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

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

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

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

     5.  The Superintendent of Public Instruction shall:

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

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

     (c) Consult with a representative of the:

           (1) Nevada State Education Association;

           (2) Nevada Association of School Boards;

           (3) Nevada Association of School Administrators;

           (4) Nevada Parent Teacher Association;

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

           (6) Legislative Counsel Bureau,

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

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

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

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

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

           (1) Governor;

           (2) State Board;

           (3) Department;

 


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           (4) Committee; and

           (5) Bureau.

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

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

     10.  As used in this section:

     (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

     (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

     (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

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

     [(b)] (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

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

     Sec. 5.  NRS 388.205 is hereby amended to read as follows:

     388.205  1.  The board of trustees of each school district shall adopt a policy for each public school in the school district in which ninth grade pupils are enrolled to develop a 4-year academic plan for each of those pupils. The academic plan must set forth the specific educational goals that the pupil intends to achieve before graduation from high school. The plan may include, without limitation, the designation of a career pathway and enrollment in dual credit courses, career and technical education courses, advanced placement courses and honors courses.

     2.  The policy may ensure that each pupil enrolled in ninth grade and the pupil’s parent or legal guardian are provided with, to the extent practicable, the following information:

     (a) The advanced placement courses, honors courses, international baccalaureate courses, dual credit courses, career and technical education courses, including, without limitation, career and technical skills-building programs, and any other educational programs, pathways or courses available to the pupil which will assist the pupil in the advancement of his or her education;

     (b) The courses of study which the Department recommends that pupils take to prepare the pupils to successfully meet the academic challenges of the high school proficiency examination and pass that examination;

     (c) The requirements for graduation from high school with a diploma and the types of diplomas available;

     (d) The requirements for admission to the Nevada System of Higher Education and the eligibility requirements for a Governor Guinn Millennium Scholarship; and

     (e) The charter schools within the school district.

 


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     3.  The policy required by subsection 1 must require each pupil enrolled in ninth grade and the pupil’s parent or legal guardian to:

     (a) [Work in] Be notified of opportunities to work in consultation with a school counselor to develop and review an academic plan for the pupil;

     (b) Sign the academic plan; and

     (c) Review the academic plan at least once each school year in consultation with a school counselor and revise the plan if necessary.

     [3.] 4.  If a pupil enrolls in a high school after ninth grade, an academic plan must be developed for that pupil with appropriate modifications for the grade level of the pupil.

     [4.] 5.  An academic plan for a pupil must be used as a guide for the pupil and the parent or legal guardian of the pupil to plan, monitor and manage the pupil’s educational and occupational development and make determinations of the appropriate courses of study for the pupil. If a pupil does not satisfy all the goals set forth in the academic plan, the pupil is eligible to graduate and receive a high school diploma if the pupil otherwise satisfies the requirements for a diploma.

     Sec. 6.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.

     Sec. 7.  (Deleted by amendment.)

     Sec. 8.  1.  The board of trustees of each school district may adopt a policy that allows a pupil enrolled in a public school within the school district to report, anonymously if the pupil chooses, any unlawful activity which is being conducted on school property, at an activity sponsored by a public school or on a school bus. The policy may include, without limitation:

     (a) The types of unlawful activities which a pupil may report; and

     (b) The manner in which a pupil may report the unlawful activities.

     2.  The board of trustees of a school district may work in consultation with a local law enforcement agency or other governmental entity, corporation, business, organization or other entity to assist the board of trustees in the implementation of a policy adopted pursuant to subsection 1.

     3.  If the board of trustees of a school district adopts a policy pursuant to subsection 1, each public school within the school district shall post prominently in various locations at the school the policy adopted pursuant to subsection 1, which must clearly denote the phone number and any other methods by which a report may be made. If a public school maintains an Internet website for the school, the policy must also be posted on the school’s website.

     4.  If the board of trustees of a school district adopts a policy pursuant to subsection 1, the board of trustees shall post the policy on the Internet website maintained by the school district.

     Sec. 9.  NRS 392.019 is hereby amended to read as follows:

     392.019  1.  Except as otherwise provided in this subsection, if a child is exempt from compulsory attendance pursuant to NRS 392.070 [, 392.100] or 392.110, and the child is employed to work in the entertainment industry pursuant to a written contract for a period of more than 91 school days, or its equivalent if the child resides in a school district operating under an alternative schedule authorized pursuant to NRS 388.090, including, without limitation, employment with a motion picture company or employment with a production company hired by a casino or resort hotel, the entity that employs the child shall, upon the request of the parent or legal guardian of the child, pay the costs for the child to receive at least 3 hours of tutoring per day for at least 5 days per week.

 


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employs the child shall, upon the request of the parent or legal guardian of the child, pay the costs for the child to receive at least 3 hours of tutoring per day for at least 5 days per week. In lieu of tutoring, the parent or legal guardian of such a child may agree with the entity that employs the child that the entity will pay the costs for the child to receive other educational or instructional services which are equivalent to tutoring. The provisions of this subsection apply during the period of a child’s employment with an entity, regardless of whether the child has obtained the appropriate exemption from compulsory attendance at the time his or her contract with the entity is under negotiation.

     2.  If such a child is exempt from compulsory attendance pursuant to NRS [392.100 or] 392.110, the tutoring or other educational or instructional services received by the child pursuant to subsection 1 must be approved by the board of trustees of the school district in which the child resides.

     Sec. 9.5.  NRS 392.110 is hereby amended to read as follows:

     392.110  1.  Any child between the ages of [14] 15 and 18 years who has completed the work of the first eight grades may be excused from full-time school attendance and may be permitted to enter proper employment or apprenticeship, by the written authority of the board of trustees excusing the child from such attendance. The board’s written authority must state the reason or reasons for such excuse.

     2.  In all such cases, no employer or other person shall employ or contract for the services or time of such child until the child presents a written permit therefor from the attendance officer or board of trustees. The permit must be kept on file by the employer and, upon the termination of employment, must be returned by the employer to the board of trustees or other authority issuing it.

     Secs. 10-12.  (Deleted by amendment.)

     Sec. 13.  NRS 392.090 and 392.100 are hereby repealed.

     Sec. 14.  1.  This act becomes effective on July 1, 2011.

     2.  Section 1 of this act expires by limitation on June 30, 2014.

________

 


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ê2011 Statutes of Nevada, Page 650ê

 

CHAPTER 133, AB 154

Assembly Bill No. 154–Assemblymen Frierson, Mastroluca, Smith, Benitez-Thompson, Ohrenschall; Bustamante Adams, Diaz and Segerblom

 

Joint Sponsor: Senator Leslie

 

CHAPTER 133

 

[Approved: May 29, 2011]

 

AN ACT relating to the protection of children; establishing provisions which set forth certain rights of children who are placed in foster homes; requiring notice of those rights to children placed in foster homes; establishing a procedure for children who are placed in foster homes to report alleged violations of those rights; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Sections 3-5 of this bill establish certain rights of children who are placed in foster homes. Section 6 of this bill requires a provider of family foster care which places a child in a foster home to inform the child of his or her rights and provide the child with a written copy of those rights. Section 6 also requires each group foster home which provides care to more than six children to post a written copy of those rights in the group foster home. Section 7 of this bill authorizes a provider of family foster care to place reasonable restrictions on the rights of a child based upon the time, place and manner of a child’s exercise of those rights if such restrictions are necessary to preserve the order or safety of the foster home. Section 8 of this bill authorizes a child placed in foster care who believes that his or her rights as set forth in this bill have been violated to raise and redress a grievance with any of a number of persons or institutions responsible for the child.

       Section 9 of this bill prohibits an employee of a school district from disclosing to any person who is not employed by the school district any information relating to a pupil who is placed in foster care.

 

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 432 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 to 8, inclusive, of this act.

     Sec. 1.3.  As used in sections 1.3 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1.5, 1.7 and 1.9 of this act have the meanings ascribed to them in those sections.

     Sec. 1.5.  “Foster home” has the meaning ascribed to it in NRS 424.014.

     Sec. 1.7.  “Group foster home” has the meaning ascribed to it in NRS 424.015.

     Sec. 1.9.  “Provider of family foster care” has the meaning ascribed to it in NRS 424.017.

     Sec. 2.  It is the policy of this State that every child placed in a foster home by an agency which provides child welfare services have the rights set forth in sections 3, 4 and 5 of this act.

 


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     Sec. 3.  A child placed in a foster home by an agency which provides child welfare services has the right:

     1.  To receive information concerning his or her rights set forth in this section and sections 4 and 5 of this act.

     2.  To be treated with dignity and respect.

     3.  To fair and equal access to services, placement, care, treatment and benefits.

     4.  To receive adequate, healthy, appropriate and accessible food.

     5.  To receive adequate, appropriate and accessible clothing and shelter.

     6.  To receive appropriate medical care, including, without limitation:

     (a) Dental, vision and mental health services;

     (b) Medical and psychological screening, assessment and testing; and

     (c) Referral to and receipt of medical, emotional, psychological or psychiatric evaluation and treatment as soon as practicable after the need for such services has been identified.

     7.  To be free from:

     (a) Abuse or neglect, as defined in NRS 432B.020;

     (b) Corporal punishment, as defined in NRS 388.5225;

     (c) Unreasonable searches of his or her personal belongings or other unreasonable invasions of privacy;

     (d) The administration of psychotropic medication unless the administration is consistent with NRS 432B.197 and the policies established pursuant thereto; and

     (e) Discrimination or harassment on the basis of his or her actual or perceived race, ethnicity, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability or exposure to the human immunodeficiency virus.

     8.  To attend religious services of his or her choice or to refuse to attend religious services.

     9.  Except for placement in a facility, as defined in NRS 432B.6072, not to be locked in any room, building or premise or to be subject to other physical restraint or isolation.

     10.  Except as otherwise prohibited by the agency which provides child welfare services:

     (a) To send and receive unopened mail; and

     (b) To maintain a bank account and manage personal income, consistent with the age and developmental level of the child.

     11.  To complete an identification kit, including, without limitation, photographing, and include the identification kit and his or her photograph in a file maintained by the agency which provides child welfare services and any employee thereof who provides child welfare services to the child.

     12.  To communicate with other persons, including, without limitation, the right:

     (a) To communicate regularly, but not less often than once each month, with an employee of the agency which provides child welfare services who provides child welfare services to the child;

     (b) To communicate confidentially with the agency which provides child welfare services to the child concerning his or her care;

 


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ê2011 Statutes of Nevada, Page 652 (Chapter 133, AB 154)ê

 

     (c) To report any alleged violation of his or her rights pursuant to section 8 of this act without being threatened or punished;

     (d) Except as otherwise prohibited by a court order, to contact a family member, social worker, attorney, advocate for children receiving foster care services or guardian ad litem appointed by a court or probation officer; and

     (e) Except as otherwise prohibited by a court order, to contact and visit his or her siblings.

     Sec. 4.  With respect to the placement of a child in a foster home by an agency which provides child welfare services, the child has the right:

     1.  To live in a safe, healthy, stable and comfortable environment, including, without limitation, the right:

     (a) If safe and appropriate, to remain in his or her home, be placed in the home of a relative or be placed in a home within his or her community;

     (b) To be placed in an appropriate foster home best suited to meet the unique needs of the child, including, without limitation, any disability of the child;

     (c) To be placed in a foster home where the licensee, employees and residents of the foster home who are 18 years of age or older have submitted to an investigation of their background and personal history in compliance with NRS 424.031; and

     (d) To be placed with his or her siblings, whenever possible, and as required by law, if his or her siblings are also placed outside the home.

     2.  To receive and review information concerning his or her placement, including, without limitation, the right:

     (a) To receive information concerning any plan for his or her permanent placement adopted pursuant to NRS 432B.553;

     (b) To receive information concerning any changes made to his or her plan for permanent placement; and

     (c) If the child is 12 years of age or older, to review the plan for his or her permanent placement.

     3.  To attend and participate in a court hearing which affects the child, to the extent authorized by law and appropriate given the age and experience of the child.

     Sec. 5.  With respect to the education and vocational training of a child placed in a foster home by an agency which provides child welfare services, the child has the right:

     1.  To receive fair and equal access to an education, including, without limitation, the right:

     (a) To receive an education as required by law;

     (b) To have stability in and minimal disruption to his or her education when the child is placed in a foster home;

     (c) To attend the school and remain in the scholastic activities that he or she was enrolled in before placement in a foster home, to the extent practicable and if in the best interests of the child;

     (d) To have educational records transferred in a timely manner from the school that he or she was enrolled in before placement in a foster home to a new school, if any;

 


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ê2011 Statutes of Nevada, Page 653 (Chapter 133, AB 154)ê

 

     (e) Not to be identified as a foster child to other students at his or her school by an employee of a school district, including, without limitation, a school administrator, teacher or instructional aide;

     (f) To receive any educational screening, assessment or testing required by law;

     (g) To be referred to and receive educational evaluation and services as soon as practicable after the need for such services has been identified, including, without limitation, access to special education and special services to meet the unique needs of a child with educational or behavioral disabilities or impairments that adversely affect the child’s educational performance;

     (h) To have access to information regarding relevant educational opportunities, including, without limitation, course work for vocational and postsecondary educational programs and financial aid for postsecondary education, once the child is 16 years of age or older; and

     (i) To attend a class or program concerning independent living for which he or she is qualified that is offered by the agency which provides child welfare services or another agency or contractor of the State.

     2.  To participate in extracurricular, cultural and personal enrichment activities which are consistent with the age and developmental level of the child.

     3.  To work and to receive vocational training, to the extent permitted by statute and consistent with the age and developmental level of the child.

     4.  To have access to transportation, if practicable, to allow the child to participate in extracurricular, cultural, personal and work activities.

     Sec. 6.  1.  A provider of family foster care that places a child in a foster home shall:

     (a) Inform the child of his or her rights set forth in sections 3, 4 and 5 of this act;

     (b) Provide the child with a written copy of those rights; and

     (c) Provide an additional written copy of those rights to the child upon request.

     2.  A group foster home shall post a written copy of the rights set forth in sections 3, 4 and 5 of this act in a conspicuous place inside the group foster home.

     Sec. 7.  A provider of family foster care may impose reasonable restrictions on the time, place and manner in which a child may exercise his or her rights set forth in sections 3, 4 and 5 of this act if the provider of family foster care determines that such restrictions are necessary to preserve the order, discipline or safety of the foster home.

     Sec. 8.  If a child believes that his or her rights set forth in sections 3, 4 and 5 of this act have been violated, the child may raise and redress a grievance with, without limitation:

     1.  A provider of foster care;

     2.  An employee of a family foster home, as defined in NRS 424.013, group foster home or specialized foster home;

     3.  An agency which provides child welfare services to the child, and any employee thereof;

     4.  A juvenile court with jurisdiction over the child;

 


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     5.  A guardian ad litem for the child; or

     6.  An attorney for the child.

     Sec. 9.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

     An employee of a school district, including, without limitation, a teacher, an administrator or an instructional aide, shall not disclose to any person who is not employed by the school district the fact that a pupil is a child who has been placed in a foster home or any related information.

________

CHAPTER 134, AB 227

Assembly Bill No. 227–Assemblymen Hambrick; Aizley, Anderson, Brooks, Goedhart, Goicoechea, Grady, Hammond, Hardy, Hickey, Hogan, Kirner, McArthur, Stewart and Woodbury

 

Joint Sponsors: Senators Halseth and Kihuen

 

CHAPTER 134

 

[Approved: May 29, 2011]

 

AN ACT relating to school property; requiring boards of trustees of school districts, under certain circumstances, to grant the use of certain athletic fields to nonprofit organizations which serve adults and children with disabilities or which provide programs for youth sports; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the board of trustees of a school district is authorized to grant the use of school buildings and grounds to the general public for certain purposes. (NRS 393.071-393.0719)

       Section 1 of this bill requires the board of trustees of a school district, upon request by a nonprofit organization and subject to availability and other conditions, to grant the use of any athletic field that does not contain lights at an elementary, middle or junior high school within the school district if the nonprofit organization: (1) serves adults and children with disabilities; or (2) provides programs for youth sports. The provisions of section 1 do not apply if a school district has entered into an agreement with a local government to provide the use of the athletic fields or playgrounds of the school district to a community organization which provides programs for youth sports.

 

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 393 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in subsections 3 and 4 and subject to the limitations, requirements and restrictions set forth in this section and in NRS 393.071 to 393.0719, inclusive, the board of trustees of a school district shall, upon request, grant the use of any athletic field at each elementary, middle or junior high school within the school district to a nonprofit organization which serves adults and children with disabilities or which provides programs for youth sports, including, without limitation, baseball, football, soccer or softball.

 


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ê2011 Statutes of Nevada, Page 655 (Chapter 134, AB 227)ê

 

nonprofit organization which serves adults and children with disabilities or which provides programs for youth sports, including, without limitation, baseball, football, soccer or softball. The organization may use the field at any time that:

     (a) Is not during regular school hours;

     (b) Use of the field is not required for school-related activities; and

     (c) The field is not in the process of undergoing maintenance or renovation.

     2.  If a nonprofit organization which serves adults and children with disabilities or which provides programs for youth sports is granted use of an athletic field pursuant to subsection 1, the nonprofit organization shall comply with any insurance coverage and indemnification provisions required by the board of trustees of the school district.

     3.  If the board of trustees of a school district has entered into an agreement with one or more local governments to provide the use of the athletic fields or playgrounds of the school district to a community organization which provides programs for youth sports, the board of trustees is not required to comply with the provisions of subsection 1.

     4.  The provisions of this section do not apply to an athletic field that contains lights.

     Sec. 2.  NRS 393.071 is hereby amended to read as follows:

     393.071  [The] Except as otherwise provided in section 1 of this act, the board of trustees of any school district may grant the use of school buildings or grounds for public, literary, scientific, recreational or educational meetings, or for the discussion of matters of general or public interest upon such terms and conditions as the board deems proper, subject to the limitations, requirements and restrictions set forth in NRS 393.071 to 393.0719, inclusive [.] , and section 1 of this act.

     Sec. 3.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 656ê

 

CHAPTER 135, AB 237

Assembly Bill No. 237–Committee on Government Affairs

 

CHAPTER 135

 

[Approved: May 29, 2011]

 

AN ACT relating to counties; authorizing certain counties to issue securities to finance a program to provide financial assistance to persons to connect to the public water or sewer system; authorizing counties to issue special obligation bonds in connection with water projects and sewerage projects; providing for the maximum interest rate that may be paid on securities issued to finance the program to provide financial assistance; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the board of county commissioners of a county whose population is 100,000 or more but less than 400,000 (currently Washoe County) to establish a program to provide financial assistance to persons to connect to the county’s public water or sewer system. (NRS 244.3651) Sections 1, 4 and 5 of this bill authorize the board to issue bonds and other securities under the County Bond Law to finance the county’s program of financial assistance as part of a sewerage or water project.

       Section 2 of this bill authorizes the board of county commissioners of a county to issue special obligation bonds under the County Bond Law to defray the costs of a sewerage or water project.

       Under existing law, the interest rate on securities issued by a political subdivision of this State, with certain exceptions, is not authorized to exceed by more than 3 percent certain published interest rates. (NRS 350.2011) Section 6 of this bill increases that limitation on interest rates by an additional 2 percent, for a total limitation of not more than 5 percent over certain published interest rates, on securities issued in whole or in part to finance a program to provide financial assistance to persons to connect to a public water or sewer system.

 

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 244.3651 is hereby amended to read as follows:

     244.3651  1.  Except as otherwise provided in this section, if a board of county commissioners of a county whose population is 100,000 or more but less than 400,000 operates a public water or sewer system, the board may:

     (a) Establish by ordinance a program to provide financial assistance to persons to connect to the public water or sewer system.

     (b) Accept gifts, grants and other sources of money to pay the costs to assist persons to connect to the public water or sewer system.

     (c) Issue bonds and other securities, pursuant to NRS 244A.011 to 244A.065, inclusive, to finance a program to provide financial assistance established pursuant to this subsection.

 


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ê2011 Statutes of Nevada, Page 657 (Chapter 135, AB 237)ê

 

     2.  An ordinance adopted by a board of county commissioners pursuant to paragraph (a) of subsection 1 must include, without limitation, a finding of the board that the creation of a program to provide financial assistance to persons to connect to a public water or sewer system furthers a legitimate public purpose.

     3.  If a board of county commissioners establishes a program to provide financial assistance pursuant to subsection 1, the board:

     (a) Must establish a plan for the management and protection of the groundwater in the water basin to which the program to provide financial assistance applies. Such a plan must include, without limitation, provisions for the sustainable management of municipal wells that are owned by the county in the water basin.

     (b) Except as otherwise provided in subsection 4, may set forth conditions or limitations on any financial assistance provided pursuant to the program.

     4.  Financial assistance provided pursuant to a program established pursuant to subsection 1:

     (a) May be in the form of grants, gifts or loans, or any combination thereof.

     (b) May only be used to pay the necessary and actual expenses to:

           (1) Disconnect from a private water or sewer system;

           (2) Eliminate a private water or sewer system; and

           (3) Connect to the public water or sewer system [.] ,

Ê including, without limitation, the costs of making a physical connection or disconnection and any connection charge, tap fee, inspection fee or similar fee or charge payable to any person or governmental entity.

     (c) If provided in the form of loans that are financed by bonds or other securities issued pursuant to this section, may only be provided to natural persons.

     5.  A board may not establish a program to provide financial assistance pursuant to subsection 1 unless the board finds that establishing such a program is necessary to provide the public with a safe and reliable water and sewer system.

     6.  The requirements of NRS 244.3655 do not apply to actions taken by a board of county commissioners pursuant to this section.

     7.  Nothing in this section shall be so construed as to require:

     (a) A board of county commissioners to provide financial assistance to any property owner pursuant to this section; or

     (b) A property owner to apply for or accept financial assistance pursuant to a program of financial assistance established pursuant to this program.

     8.  Bonds or other securities issued to finance a program to provide financial assistance established pursuant to subsection 1 must be payable from and secured by repayments of loans made through the program, other revenues of the program and revenues of the county’s public water or sewer system, or any combination thereof, as determined by the board. The bonds or other securities may also be secured by other revenues that the county is authorized to pledge for the payment of bonds or other securities and may, in accordance with the provisions of NRS 350.020, be issued as general obligations of the county.

 


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ê2011 Statutes of Nevada, Page 658 (Chapter 135, AB 237)ê

 

     9.  As used in this section:

     (a) “Private water or sewer system” means an on-site:

           (1) Domestic well, and any facility or facilities related thereto, that provides potable water; or

           (2) Sewage or septic system, and any facility or facilities related thereto, that serves a residential dwelling unit for the disposal, collection, storage or treatment of sewage.

     (b) “Public water or sewer system” means a facility or facilities for the collection, pumping, treatment, storage or conveyance of potable water or sewage and includes, without limitation, mains, conduits, aqueducts, pipes, pipelines, ditches, canals, pumping stations, and all appurtenances, equipment and machinery necessary or useful and convenient for obtaining, storing, transporting or transferring water or sewage.

     Sec. 2.  Chapter 244A of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Subject to the provisions of chapter 350 of NRS, any board, upon behalf of the county and in its name, may issue the county’s special obligation bonds to acquire, improve and equip, or any combination thereof, any sewerage project or water project herein authorized, or any part thereof, and thereby to defray the cost of the sewerage project or water project wholly or in part.

     2.  Special obligation bonds issued pursuant to this section may be payable from and secured by the revenues of the sewerage project or water project for which the bonds are issued or the system of which the sewerage project or water project is a part or, except as otherwise provided in this section, by any other revenues that the county is authorized to pledge for the payment of special obligations. The special obligation bonds may not be payable from or secured by revenue from general ad valorem taxes.

     3.  Special obligation bonds issued by a county pursuant to this section do not constitute indebtedness of the county for the purposes of the debt limitations set forth in NRS 244A.059.

     Sec. 3.  NRS 244A.011 is hereby amended to read as follows:

     244A.011  NRS 244A.011 to 244A.065, inclusive, and section 2 of this act may be cited as the County Bond Law.

     Sec. 4.  NRS 244A.0505 is hereby amended to read as follows:

     244A.0505  “Sewerage project” means facilities pertaining to a county sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, including, without limitation, a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, water lines, sewer lines, conduits, ditches, pipes, transmission lines, pumping plants, filter plants, power plants, pumping stations, gauging stations, ventilating facilities, incinerators, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings and other facilities for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes, or any combination thereof. A sewerage project may include as a part thereof a drainage and flood control project. A sewerage project in a county whose population is 100,000 or more but less than 400,000 may include as a part thereof a program established by the county pursuant to NRS 244.3651 to provide financial assistance to persons to connect to the sewerage system.

 


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ê2011 Statutes of Nevada, Page 659 (Chapter 135, AB 237)ê

 

thereof a program established by the county pursuant to NRS 244.3651 to provide financial assistance to persons to connect to the sewerage system.

     Sec. 5.  NRS 244A.056 is hereby amended to read as follows:

     244A.056  “Water project” means facilities pertaining to a county water system for the collection, transportation, treatment, purification and distribution of water, including, without limitation, springs, wells, ponds, lakes, water rights, other raw water sources, basin cribs, dams, spillways, retarding basins, detention basins, reservoirs, towers, and other storage facilities, pumping plants, infiltration galleries, filtration plants, purification systems, other water treatment facilities, waterworks plants, pumping stations, gauging stations, ventilating facilities, stream gauges, rain gauges, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, channels, ditches, pipes, lines, laterals, service pipes, force mains, submains, syphons, other water transmission and distribution mains, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings and other facilities for the acquisition, transportation, treatment, purification and distribution of untreated water or potable water for domestic, commercial and industrial use and irrigation, or any combination thereof. A water project in a county whose population is 100,000 or more but less than 400,000 may include as a part thereof a program established by the county pursuant to NRS 244.3651 to provide financial assistance to persons to connect to the water system.

     Sec. 6.  NRS 350.2011 is hereby amended to read as follows:

     350.2011  1.  Except as otherwise provided in this section and NRS 99.067, and except where the provisions, whenever enacted, of a general or special law or of a special charter otherwise require, the rate or rates of interest on securities issued by a political subdivision of this state must not exceed by more than 3 percent:

     [1.] (a) For general obligations, the Index of Twenty Bonds; and

     [2.] (b) For special obligations, the Index of Revenue Bonds,

Ê which was most recently published before the bids are received or a negotiated offer is accepted.

     2.  The rate or rates of interest on securities issued in whole or in part to finance the costs of a program established pursuant to NRS 244.3651 must not exceed by more than 2 percent the rate or rates of interest set forth in subsection 1.

     Sec. 7.  This act becomes effective upon passage and approval.

________

 


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ê2011 Statutes of Nevada, Page 660ê

 

CHAPTER 136, AB 246

Assembly Bill No. 246–Assemblymen Stewart; Ellison, Goicoechea, Grady, Hammond, Hansen, Hardy, Hickey, Livermore and Sherwood

 

Joint Sponsors: Senators Hardy; Lee and Settelmeyer

 

CHAPTER 136

 

[Approved: May 29, 2011]

 

AN ACT relating to common-interest communities; authorizing candidates for membership on the executive board of an association of a common-interest community to obtain a list of the addresses of units’ owners under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes a candidate for election as a member of the executive board of an association of a common-interest community to request that the association send a candidate informational statement to the units’ owners. (NRS 116.31034) This bill authorizes a candidate who has submitted a nomination form for election as a member of the executive board to request that the association or its agent either: (1) send the candidate informational statement; or (2) provide to the candidate a list of the addresses of each unit in the common-interest community so that the candidate may send campaign material directly to units’ owners.

       Under this bill, if the members of the association are owners of time shares within a time share plan, the list provided to the candidate must be a list of the mailing addresses of the delegates or representatives who exercise the voting rights of those owners or, if there are no such delegates or representatives, the mailing address of the association. If the candidate is provided the mailing address of the association, the association must send the campaign material of the candidate upon the candidate’s compliance with certain requirements.

       This bill further provides that if a candidate requests a list of the addresses to send his or her campaign material directly to units’ owners: (1) the list must not include the names of the units’ owners or the name of any tenant of a unit’s owner; and (2) the candidate must provide a written statement that the candidate is requesting the list for the purpose of distributing his or her campaign material directly to the units’ owners and that the candidate will not make any other use of the information.

 

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 116.31034 is hereby amended to read as follows:

     116.31034  1.  Except as otherwise provided in subsection 5 of NRS 116.212, not later than the termination of any period of declarant’s control, the units’ owners shall elect an executive board of at least three members, all of whom must be units’ owners. The executive board shall elect the officers of the association. Unless the governing documents provide otherwise, the officers of the association are not required to be units’ owners. The members of the executive board and the officers of the association shall take office upon election.

 


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ê2011 Statutes of Nevada, Page 661 (Chapter 136, AB 246)ê

 

     2.  The term of office of a member of the executive board may not exceed 3 years, except for members who are appointed by the declarant. Unless the governing documents provide otherwise, there is no limitation on the number of terms that a person may serve as a member of the executive board.

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

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

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

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

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

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

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

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

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

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

 


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ê2011 Statutes of Nevada, Page 662 (Chapter 136, AB 246)ê

 

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

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

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

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

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

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

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

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

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

Ê The candidate must make all disclosures required pursuant to this subsection in writing to the association with his or her candidacy information. Except as otherwise provided in this subsection, the association shall distribute the disclosures, on behalf of the candidate, to each member of the association with the ballot or, in the event ballots are not prepared and mailed pursuant to subsection 6, in the next regular mailing of the association. The association is not obligated to distribute any disclosure pursuant to this subsection if the disclosure contains information that is believed to be defamatory, libelous or profane.

     9.  Unless a person is appointed by the declarant:

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

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

           (1) That master association; or

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

     10.  An officer, employee, agent or director of a corporate owner of a unit, a trustee or designated beneficiary of a trust that owns a unit, a partner of a partnership that owns a unit, a member or manager of a limited-liability company that owns a unit, and a fiduciary of an estate that owns a unit may be an officer of the association or a member of the executive board.

 


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ê2011 Statutes of Nevada, Page 663 (Chapter 136, AB 246)ê

 

be an officer of the association or a member of the executive board. In all events where the person serving or offering to serve as an officer of the association or a member of the executive board is not the record owner, the person shall file proof in the records of the association that:

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

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

     11.  Except as otherwise provided in subsection 6 or NRS 116.31105, the election of any member of the executive board must be conducted by secret written ballot in the following manner:

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

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

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

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

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

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

     12.  An association shall not adopt any rule or regulation that has the effect of prohibiting or unreasonably interfering with a candidate in the candidate’s campaign for election as a member of the executive board, except that the candidate’s campaign may be limited to 90 days before the date that ballots are required to be returned to the association. [A]

     13.  A candidate who has submitted a nomination form for election as a member of the executive board may request that [the secretary or other officer specified in the bylaws of] the association [send, 30 days] or its agent either:

     (a) Send before the date of the election and at the association’s expense, to the mailing address of each unit within the common-interest community or to any other mailing address designated in writing by the unit’s owner a candidate informational statement. The candidate informational statement:

     [(a)] (1) Must be no longer than a single, typed page;

     [(b)] (2) Must not contain any defamatory, libelous or profane information; and

     [(c)] (3) May be sent with the secret ballot mailed pursuant to subsection 11 or in a separate mailing [.

Ê The] ; or

 


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ê2011 Statutes of Nevada, Page 664 (Chapter 136, AB 246)ê

 

     (b) To allow the candidate to communicate campaign material directly to the units’ owners, provide to the candidate, in paper format at a cost not to exceed 25 cents per page for the first 10 pages and 10 cents per page thereafter, in the format of a compact disc at a cost of not more than $5 or by electronic mail at no cost:

           (1) A list of the mailing address of each unit, which must not include the names of the units’ owners or the name of any tenant of a unit’s owner; or

           (2) If the members of the association are owners of time shares within a time share plan created pursuant to chapter 119A of NRS and:

                (I) The voting rights of those owners are exercised by delegates or representatives pursuant to NRS 116.31105, the mailing address of the delegates or representatives.

                (II) The voting rights of those owners are not exercised by delegates or representatives, the mailing address of the association established pursuant to NRS 119A.520. If the mailing address of the association is provided to the candidate pursuant to this sub-subparagraph, the association must send to each owner of a time share within the time share plan the campaign material provided by the candidate. If the campaign material will be sent by mail, the candidate who provides the campaign material must provide to the association a separate copy of the campaign material for each owner and must pay the actual costs of mailing before the campaign material is mailed. If the campaign material will be sent by electronic transmission, the candidate must provide to the association one copy of the campaign material in an electronic format.

Ê The information provided pursuant to this paragraph must not include the name of any unit’s owner or any tenant of a unit’s owner. If a candidate who makes a request for the information described in this paragraph fails or refuses to provide a written statement signed by the candidate which states that the candidate is making the request to allow the candidate to communicate campaign material directly to units’ owners and that the candidate will not use the information for any other purpose, the association or its agent may refuse the request.

     14.  An association and its directors, officers, employees and agents are immune from criminal or civil liability for any act or omission which arises out of the publication or disclosure of any information related to any person and which occurs in the course of carrying out any duties required pursuant to [this] subsection [.] 13.

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

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

________

 


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CHAPTER 137, AB 248

Assembly Bill No. 248–Assemblymen Smith, Oceguera, Conklin, Bobzien, Kirkpatrick; Aizley, Atkinson, Goicoechea, Hogan, Horne and Mastroluca

 

CHAPTER 137

 

[Approved: May 29, 2011]

 

AN ACT relating to state financial administration; revising certain requirements for the proposed budget of the Executive Department of the State Government; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law specifies the contents of the proposed budget of the Executive Department of the State Government. (NRS 353.205) Section 1 of this bill requires each proposed budget to include certain information regarding long-term performance goals and intermediate objectives of the Executive Department, clarifies the provisions governing certain contents of the proposed budget and requires the posting of certain information on various Internet websites maintained by the State. Section 2 of this bill clarifies the provisions governing the information that state agencies are required to submit to the Budget Division of the Department of Administration to assist the Budget Division in preparing proposed executive budgets. (NRS 353.210)

 

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 353.205 is hereby amended to read as follows:

     353.205  1.  The proposed budget for the Executive Department of the State Government for each fiscal year must be set up in three parts:

     (a) Part 1 must consist of a budgetary message by the Governor which [outlines the financial policy of the Executive Department of the State Government for the next 2 fiscal years, describing in connection therewith the important features of the financial plan. It must also embrace a] includes:

           (1) A general summary of the long-term performance goals of the Executive Department of the State Government for:

                (I) Core governmental functions, including the education of pupils in kindergarten through grade 12, higher education, human services and public safety and health; and

                (II) Other governmental services;

           (2) An explanation of the means by which the proposed budget will provide adequate funding for those governmental functions and services such that ratable progress will be made toward achieving those long-term performance goals;

           (3) An outline of any other important features of the financial plan of the Executive Department of the State Government for the next 2 fiscal years; and

           (4) A general summary of the proposed budget setting forth the aggregate figures of the proposed budget in such a manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the proposed budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress.

 


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proposed budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general summary of the proposed budget must be supported by explanatory schedules or statements, classifying the expenditures contained therein by organizational units, objects and funds, and the income by organizational units, sources and funds. The organizational units may be subclassified by functions and by agencies, bureaus or commissions, or in any other manner determined by the Chief.

     (b) Part 2 must embrace the detailed budgetary estimates both of expenditures and revenues as provided in NRS 353.150 to 353.246, inclusive. The information must be presented in a manner which sets forth separately the cost of continuing each program at the same level of service as the current year and the cost, by budgetary issue, of any recommendations to enhance or reduce that level of service. Revenues must be summarized by type, and expenditures must be summarized by program or budgetary account and by category of expense. Part 2 must include [a] :

           (1) The identification of each long-term performance goal of the Executive Department of the State Government for:

                (I) Core governmental functions, including the education of pupils in kindergarten through grade 12, higher education, human services, and public safety and health; and

                (II) Other governmental services,

Ê and of each intermediate objective for the next 2 fiscal years toward achieving those goals.

           (2) An explanation of the means by which the proposed budget will provide adequate funding for those governmental functions and services such that those intermediate objectives will be met and progress will be made toward achieving those long-term performance goals.

           (3) A mission statement and measurement indicators for each [program. It must also include statements] department, institution and other agency of the Executive Department of the State Government, which articulate the intermediate objectives and long-term performance goals each such department, institution and other agency is tasked with achieving and the particular measurement indicators tracked for each such department, institution and other agency to determine whether the department, institution or other agency is successful in achieving its intermediate objectives and long-term performance goals, provided in sufficient detail to assist the Legislature in performing an analysis of the relative costs and benefits of program budgets and in determining priorities for expenditures. If available, information regarding such measurement indicators must be provided for each of the previous 4 fiscal years. If a new measurement indicator is being added, a rationale for that addition must be provided. If a measurement indicator is being modified, information must be provided regarding both the modified indicator and the indicator as it existed before modification. If a measurement indicator is being deleted, a rationale for that deletion and information regarding the deleted indicator must be provided.

           (4) Statements of the bonded indebtedness of the State Government, showing the requirements for redemption of debt, the debt authorized and unissued, and the condition of the sinking funds . [, and any]

 


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           (5) Any statements relative to the financial plan which the Governor may deem desirable, or which may be required by the Legislature.

     (c) Part 3 must include a recommendation to the Legislature for the drafting of a general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the Executive Department of the State Government for the next 2 fiscal years, and may include recommendations to the Legislature for the drafting of such other bills as may be required to provide the income necessary to finance the proposed budget and to give legal sanction to the financial plan if adopted by the Legislature.

     2.  Except as otherwise provided in NRS 353.211, as soon as each part of the proposed budget is prepared, a copy of the part must be transmitted to the Fiscal Analysis Division of the Legislative Counsel Bureau for confidential examination and retention.

     3.  Except for the information provided to the Fiscal Analysis Division of the Legislative Counsel Bureau pursuant to NRS 353.211, parts 1 and 2 of the proposed budget are confidential until the Governor transmits the proposed budget to the Legislature pursuant to NRS 353.230, regardless of whether those parts are in the possession of the Executive or Legislative Department of the State Government. Part 3 of the proposed budget is confidential until the bills which result from the proposed budget are introduced in the Legislature. As soon as practicable after the Governor transmits the proposed budget to the Legislature pursuant to NRS 353.230, the information required to be included in the proposed budget pursuant to subparagraphs (1), (2) and (3) of paragraph (b) of subsection 1 must be posted on the Internet websites maintained by the Governor, the Department of Administration and the Budget Division of the Department of Administration.

     Sec. 2.  NRS 353.210 is hereby amended to read as follows:

     353.210  1.  Except as otherwise provided in subsection 6, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the Executive Department of the State Government, and all agencies of the Executive Department of the State Government receiving state money, fees or other money under the authority of the State, including those operating on money designated for specific purposes by the Nevada Constitution or otherwise, shall prepare, on blanks furnished them by the Chief, and submit to the Chief:

     (a) The number of full-time equivalent positions within the department, institution or agency ;

     (b) The number of full-time equivalent positions within the department, institution or agency that have been vacant for at least 12 months, the number of months each such position has been vacant and the reasons for each such vacancy;

     [(b)] (c) Any existing contracts the department, institution or agency has with consultants or temporary employment services, the proposed expenditures for such contracts in the next 2 fiscal years and the reasons for the use of such consultants or services; and

     [(c)] (d) Estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.

 


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     2.  The Chief shall direct that one copy of the forms submitted pursuant to subsection 1, accompanied by every supporting schedule and any other related material, be delivered directly to the Fiscal Analysis Division of the Legislative Counsel Bureau on or before September 1 of each even-numbered year.

     3.  The Budget Division of the Department of Administration shall give advance notice to the Fiscal Analysis Division of the Legislative Counsel Bureau of any conference between the Budget Division of the Department of Administration and personnel of other state agencies regarding budget estimates. A Fiscal Analyst of the Legislative Counsel Bureau or his or her designated representative may attend any such conference.

     4.  The estimates of expenditure requirements submitted pursuant to subsection 1 must be classified to set forth the data of funds, organizational units, and the character and objects of expenditures [,] by program or budgetary account and by category of expense, and must include a mission statement and measurement indicators [for each program.] in adequate detail to comply with the requirements of subparagraph (3) of paragraph (b) of subsection 1 of NRS 353.205. The organizational units may be subclassified by functions and [activities,] by agencies, bureaus or commissions, or in any other manner at the discretion of the Chief.

     5.  If any department, institution or other agency of the Executive Department of the State Government, whether its money is derived from state money or from other money collected under the authority of the State, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the Chief may, from any data at hand in the Chief’s office or which the Chief may examine or obtain elsewhere, make and enter a proposed budget for the department, institution or agency in accordance with the data.

     6.  Agencies, bureaus, commissions and officers of the Legislative Department, the Public Employees’ Retirement System and the Judicial Department of the State Government shall submit to the Chief for his or her information in preparing the proposed executive budget the budgets which they propose to submit to the Legislature.

     Sec. 3.  NRS 353.211 is hereby amended to read as follows:

     353.211  1.  On or before October 15 of each even-numbered year, the Chief shall provide to the Fiscal Analysis Division of the Legislative Counsel Bureau:

     (a) Computerized budget files containing the actual data regarding revenues and expenditures for the previous year;

     (b) The work programs for the current year; and

     (c) Each agency’s requested budget for the next 2 fiscal years.

     2.  On or before December 31 of each even-numbered year, the Chief shall provide to the Fiscal Analysis Division:

     (a) Each agency’s adjusted base budget by program or budgetary account for the next 2 fiscal years; and

     (b) An estimated range of the costs for:

           (1) Continuing the operation of State Government; and

           (2) Providing elementary, secondary and higher public education,

Ê at the current level of service.

     3.  The information provided to the Fiscal Analysis Division pursuant to subsections 1 and 2 is open for public inspection.

 


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     4.  The Governor may authorize or direct an agency to hold public hearings on a budget submitted pursuant to paragraph (c) of subsection 1 at any time after the material is provided pursuant to subsection 1.

________

CHAPTER 138, AB 249

Assembly Bill No. 249–Assemblyman Oceguera

 

CHAPTER 138

 

[Approved: May 29, 2011]

 

AN ACT relating to court reporters; making various changes pertaining to the appointment, duties and work product of court reporters in the district courts and justice courts of this State; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill provides that a business organization appointed to provide to a district court the services of a certified court reporter must be licensed by the Certified Court Reporters’ Board of Nevada. (NRS 3.320) Section 2 of this bill clarifies that an official reporter pro tempore of a district court is appointed rather than employed and, like the official reporter he or she replaces, does not have a fixed term of employment. (NRS 3.320, 3.340) Section 3 of this bill states that prima facie evidence of the testimony and proceedings in a district court is provided by the transcript and not the report of the official reporter. (NRS 3.360) Section 4 of this bill makes various changes with respect to the compensation of the official reporter of a district court. (NRS 3.370) Section 5 of this bill provides that, when sound recording equipment is used to record proceedings in a district court and a transcript is subsequently made: (1) the person who transcribes the recording shall subscribe to an oath that he or she has truly and correctly transcribed the proceedings as recorded; and (2) the person who operates the sound recording equipment shall subscribe to an oath that the sound recording is a true and accurate recording of the proceedings and, in the event of an error, malfunction or other problem relating to the sound recording equipment or the sound recording, report that error, malfunction or problem to the court. Section 5 also requires a copy of a sound recording, if requested, to be provided with a requested transcript. The cost for providing the recording must not exceed the actual cost of producing the recording and must be paid by the party who requests the recording. (NRS 3.380) Section 6 of this bill states that, with regard to proceedings in a justice court, compensation for the preparation of a transcript is to be deposited with the certified court reporter and not with the deputy clerk of the court. (NRS 4.410) Section 7 of this bill provides that: (1) the sound recording of each proceeding in justice court must be preserved until at least 1 year, instead of 30 days, after the time for filing an appeal expires; and (2) with respect to certain criminal proceedings in a justice court, sound recordings must be preserved for a period of at least 8 years. (NRS 4.420)

 

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 3.320 is hereby amended to read as follows:

     3.320  1.  The judge or judges of any district court may appoint, subject to the provisions of this chapter and other laws as to the qualifications and examinations of the appointee, one certified court reporter, to be known as official reporter of the court or department and to hold office during the pleasure of the judge appointing the official reporter.

 


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ê2011 Statutes of Nevada, Page 670 (Chapter 138, AB 249)ê

 

qualifications and examinations of the appointee, one certified court reporter, to be known as official reporter of the court or department and to hold office during the pleasure of the judge appointing the official reporter. The appointee may be any business organization licensed by the Board if the person representing [it,] the business organization, who actually performs the reporting service, is a certified court reporter.

     2.  The official reporter, or any one of them if there are two or more, shall:

     (a) At the request of either party or of the court in a civil action or proceeding, and on the order of the court, the district attorney or the attorney for the defendant in a criminal action or proceeding, make a record of all the testimony, the objections made, the rulings of the court, the exceptions taken, all arraignments, pleas and sentences of defendants in criminal cases, and all statements and remarks made by the district attorney or judge, and all oral instructions given by the judge; and

     (b) [If] When directed by the court or requested by either party, within such reasonable time after the trial of the case as may be designated by law or, in the absence of any law relating thereto, by the court, [write out the record, or such specific portions thereof as may be requested, in plain and legible longhand, or by typewriter or other printing machine.] transcribe the record into a written transcript. The reporter shall certify [to that copy as being] that the action or proceeding was correctly reported and transcribed and, when directed by the law or court, shall file [it] the written transcript with the clerk of the court.

     3.  As used in this section, “Board” means the Certified Court Reporters’ Board of Nevada, created by NRS 656.040.

     Sec. 2.  NRS 3.340 is hereby amended to read as follows:

     3.340  The official reporter of any district court shall attend to the duties of office in person except when excused for good and sufficient reason by order of the court, which order shall be entered upon the minutes of the court. Employment in his or her professional capacity elsewhere shall not be deemed a good and sufficient reason for such excuse. When the official reporter of any court has been excused in the manner provided in this section, the court may designate an official reporter pro tempore who shall perform the same duties and receive the same compensation during the term of his or her [employment] appointment as the official reporter.

     Sec. 3.  NRS 3.360 is hereby amended to read as follows:

     3.360  The [report] transcript of the official reporter, or official reporter pro tempore, of any court, duly appointed and sworn, when transcribed and certified as being a correct transcript of the testimony and proceedings in the case, is prima facie evidence of such testimony and proceedings.

     Sec. 4.  NRS 3.370 is hereby amended to read as follows:

     3.370  1.  Except as otherwise provided in subsection 3, for his or her services the official reporter or reporter pro tempore is entitled to the following compensation:

     (a) For being available to report civil and criminal testimony and proceedings when the court is sitting during traditional business hours on any day except Saturday or Sunday, $170 per day, to be paid by the county as provided in subsection 4.

     (b) For being available to report civil and criminal testimony and proceedings when the court is sitting beyond traditional business hours or on Saturday or Sunday:

 


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ê2011 Statutes of Nevada, Page 671 (Chapter 138, AB 249)ê

 

           (1) If the reporter has been available to report for at least 4 hours, $35 per hour for each hour of availability; or

           (2) If the reporter has been available to report for fewer than 4 hours, a pro rata amount based on the daily rate set forth in paragraph (a),

Ê to be paid by the county as provided in subsection 4.

     (c) For transcription:

           (1) Except as otherwise provided in subparagraph (2), for the original draft and any copy to be delivered:

                (I) Within 24 hours after it is requested, $7.50 per page for the original draft and one copy, and $2 per page for each additional copy;

                (II) Within 48 hours after it is requested, $5.62 per page for the original draft and one copy, and $1.50 per page for each additional copy;

                (III) Within 4 days after it is requested, $4.68 per page for the original draft and one copy, and $1.25 per page for each additional copy; or

                (IV) More than 4 days after it is requested, $3.55 per page for the original draft and one copy, and 55 cents per page for each additional copy.

           (2) For civil litigants who are ordering the original draft and are represented by a nonprofit legal corporation or a program for pro bono legal assistance, for the original draft and any copy to be delivered:

                (I) Within 24 hours after it is requested, $5.50 per page and $1.10 per page for each additional copy;

                (II) Within 48 hours after it is requested, $4.13 per page and 83 cents per page for each additional copy;

                (III) Within 4 days after it is requested, $3.44 per page and 69 cents per page for each additional copy; or

                (IV) More than 4 days after it is requested, $2.75 per page and 55 cents per page for each additional copy.

           (3) For any party other than the party ordering the original draft, for the copy of the draft to be delivered:

                (I) Within 24 hours after it is requested, $1.10 per page;

                (II) Within 48 hours after it is requested, 83 cents per page;

                (III) Within 4 days after it is requested, 69 cents per page; or

                (IV) More than 4 days after it is requested, 55 cents per page.

     (d) For reporting all civil matters, in addition to the compensation provided in paragraphs (a) and (b), $30 for each hour or fraction thereof actually spent, to be taxed as costs pursuant to subsection 5.

     (e) For providing an instantaneous translation of testimony into English which appears on a computer that is located at a table in the courtroom where the attorney who requested the translation is seated:

           (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests such a translation, in addition to the compensation provided pursuant to paragraphs (a) and (b), $140 for the first day and $90 per day for each subsequent day from the party who makes the request. This additional compensation must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the translation service to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.

           (2) In all civil matters in which a party requests such a translation, in addition to the compensation provided pursuant to paragraphs (a), (b) and (d), $140 for the first day and $90 per day for each subsequent day, to be paid by the party who requests the translation.

 


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ê2011 Statutes of Nevada, Page 672 (Chapter 138, AB 249)ê

 

(d), $140 for the first day and $90 per day for each subsequent day, to be paid by the party who requests the translation.

     (f) For providing a diskette containing testimony prepared from a translation provided pursuant to paragraph (e):

           (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the compensation provided pursuant to paragraphs (a), (b) and (e), $1.50 per page of the translation contained on the diskette from the party who makes the request. This additional compensation must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the diskette to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.

           (2) In all civil matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the compensation provided pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the translation contained on the diskette, to be paid by the party who requests the diskette.

     2.  For the purposes of subsection 1, a page is a sheet of paper 8 1/2 by 11 inches [.] and does not include a condensed transcript. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented not more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced.

     3.  If the court determines that the services of more than one reporter are necessary to deliver transcripts on a daily basis in a criminal proceeding, each reporter is entitled to receive:

     (a) The compensation set forth in paragraphs (a) and (b) of subsection 1 and subparagraph (1) of paragraph (e) of subsection 1, as appropriate; and

     (b) Compensation of $7.50 per page for the original draft and one copy, and $2 per page for each additional copy for transcribing a proceeding of which the transcripts are ordered by the court to be delivered on or before the start of the next day the court is scheduled to conduct business.

     4.  The compensation specified in paragraphs (a) and (b) of subsection 1, the compensation for transcripts in criminal cases ordered by the court to be made, the compensation for transcripts in civil cases ordered by the court pursuant to NRS 12.015, the compensation for transcripts for parents or guardians or attorneys of parents or guardians who receive transcripts pursuant to NRS 432B.459, the compensation in criminal cases that is ordered by the court pursuant to subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph (f) of subsection 1 and the compensation specified in subsection 3 must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his or her reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in the same manner.

 


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ê2011 Statutes of Nevada, Page 673 (Chapter 138, AB 249)ê

 

the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem. The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.

     5.  Except as otherwise provided in subsection 4, in civil cases, the compensation prescribed in paragraph (d) of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at the party’s option, pay the entire compensation. In either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The compensation for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his or her compensation has been paid to him or her . [or deposited with the clerk of the court.]

     6.  Where a transcript is ordered by the court or by any party, the compensation for [it] the transcript must be paid to the [clerk of the court and by the clerk paid to the] reporter [upon] before the furnishing of the transcript.

     [7.  The testimony and proceedings in an uncontested divorce action need not be transcribed unless requested by a party or ordered by the court.]

     Sec. 5.  NRS 3.380 is hereby amended to read as follows:

     3.380  1.  The judge or judges of any district court may, with the approval of the board of county commissioners of any one or more of the counties comprising such district, in addition to the appointment of a court reporter as in this chapter provided, enter an order for the installation of sound recording equipment for use in any of the instances recited in NRS 3.320, for the recording of any civil and criminal proceedings, testimony, objections, rulings, exceptions, arraignments, pleas, sentences, statements and remarks made by the district attorney or judge, oral instructions given by the judge and any other proceedings occurring in civil or criminal actions or proceedings, or special proceedings whenever and wherever and to the same extent as any of such proceedings have heretofore under existing statutes been recorded by the official reporter or any special reporter or any reporter pro tempore appointed by the court.

     2.  For the purpose of operating such sound recording equipment, the court or judge may appoint or designate the official reporter or a special reporter or reporter pro tempore or the county clerk or clerk of the court or deputy clerk. The person so operating such sound recording equipment shall subscribe to an oath that he or she will well and truly operate the equipment so as to record all of the matters and proceedings.

     3.  The court may then designate the person operating such equipment or any other competent person to [read] listen to the recording and to transcribe [it] the recording into [typewriting.] written text. The person [transcribing] who:

     (a) Transcribes the recording shall subscribe to an oath that he or she has truly and correctly transcribed [it.] the proceedings as recorded.

     (b) Operates the sound recording equipment as described in subsection 2 shall:

 


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           (1) Subscribe to an oath that the sound recording is a true and accurate recording of the proceedings; and

           (2) In the event of an error, malfunction or other problem relating to the sound recording equipment or the sound recording, report that error, malfunction or problem to the court.

     4.  The transcript may be used for all purposes for which transcripts have heretofore been received and accepted under then existing statutes, including transcripts of testimony and transcripts of proceedings as constituting bills of exceptions or part of the bill of exceptions on appeals in all criminal cases and transcripts of the evidence or proceedings as constituting the record on appeal in civil cases and including transcripts of preliminary hearings before justices of the peace and other committing magistrates, and are subject to correction in the same manner as transcripts under existing statutes.

     5.  If a proceeding is recorded and a transcript is requested, a copy of the sound recording must, if requested, be provided with the transcript. The cost for providing the sound recording must not exceed the actual cost of production and must be paid by the party who requests the sound recording.

     6.  In civil and criminal cases when the court has ordered the use of such sound recording equipment, any party to the action, at the party’s own expense, may provide a certified court reporter to make a record of and transcribe all the matters of the proceeding. In such a case, the record prepared by sound recording is the official record of the proceedings, unless it fails or is incomplete because of equipment or operational failure, in which case the record prepared by the certified court reporter shall be deemed, for all purposes, the official record of the proceedings.

     Sec. 6.  NRS 4.410 is hereby amended to read as follows:

     4.410  1.  If the person designated to transcribe the proceedings is:

     (a) Regularly employed as a public employee, the person is not entitled to additional compensation for preparing the transcript.

     (b) Not regularly employed as a public employee and not a certified court reporter, the person is entitled to such compensation for preparing the transcript as the board of county commissioners determines.

     (c) A certified court reporter, the person is entitled to the same compensation as set forth in NRS 3.370.

     2.  The compensation for transcripts and copies must be paid by the party ordering them. In a civil case, the preparation of the transcript need not commence until the compensation has been deposited with the [deputy clerk of the court.] court reporter.

     Sec. 7.  NRS 4.420 is hereby amended to read as follows:

     4.420  [The]

     1.  Except as otherwise provided in this section:

     (a) The sound recording of each proceeding in justice court must be preserved until at least [30 days] 1 year after the time for filing an appeal expires.

     (b) With respect to a proceeding in justice court that involves a misdemeanor for which enhanced penalties may be imposed, a gross misdemeanor or a felony, the sound recording of the proceeding must be preserved for at least 8 years after the time for filing an appeal expires.

 


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ê2011 Statutes of Nevada, Page 675 (Chapter 138, AB 249)ê

 

     2.  If no appeal is taken, the justice of the peace may order the destruction of the recording at any time after [that date.] the date specified in subsection 1.

     3.  If there is an appeal to the district court, the sound recording must be preserved until at least 30 days after final disposition of the case on appeal, but the justice of the peace may order the destruction of the recording at any time after that date.

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

________

CHAPTER 139, AB 276

Assembly Bill No. 276–Assemblymen Conklin and Kirkpatrick

 

CHAPTER 139

 

[Approved: May 29, 2011]

 

AN ACT relating to financial administration; requiring the State Controller to make certain data available for public inspection on an Internet website established and maintained by the State Controller; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes the Office of the State Controller and sets forth his or her duties concerning various financial provisions of the State. (Chapter 227 of NRS) As part of those duties, the State Controller is required annually to digest, prepare and report to the Governor and the Legislature: (1) a complete statement of the condition of the revenue, taxable funds, resources, income and property of the State and the amount of the expenditures for the preceding fiscal year; (2) a full and detailed statement of the public debt; (3) a tabular statement showing separately the whole amount of each appropriation made by law, the amount paid under each of those appropriations and the unexpended balance of those appropriations; and (4) a tabular statement showing the amount of revenue collected from each county for the preceding year. (NRS 227.110) Section 1 of this bill requires the State Controller to make available for public inspection, on an Internet website established and maintained by him or her, current data maintained in the records of the State Controller concerning the expenditures and revenues of this State, including, without limitation: (1) a table displaying all revenues received during each month from certain sources; (2) a table displaying all expenditures made each month for certain purposes; (3) a graph displaying certain cumulative expenditures by month during the current biennium and the immediately preceding biennium; and (4) for each source of revenue totaling more than $100,000,000 as set forth in the legislatively approved budget for a biennium, the total amount projected in that budget to be received during that biennium and a graph displaying the cumulative revenue by month for that biennium and the immediately preceding biennium. Section 2 of this bill deletes by amendment provisions which, if enacted, would have required the State Controller to make available for public inspection financial data for certain preceding biennia. Section 3 of this bill will, if enacted, make this bill become effective upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this bill, and on July 1, 2012, for all other purposes.

 


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ê2011 Statutes of Nevada, Page 676 (Chapter 139, AB 276)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 227 of NRS is hereby amended by adding thereto a new section to read as follows:

     In addition to any record required to be open to inspection pursuant to NRS 227.290 or 239.010, the State Controller shall, on an Internet website established and maintained by him or her, make available for public inspection current data maintained in the records of the State Controller concerning the expenditures and revenues of this State, including, without limitation:

     1.  A table displaying all revenues received during each month from:

     (a) Fees;

     (b) Fines;

     (c) Interest;

     (d) Licensing revenue;

     (e) Taxes; and

     (f) Transfers from the Federal Government;

     2.  A table displaying all expenditures made each month for:

     (a) Education;

     (b) Government, including, without limitation, the operation of the courts of this State;

     (c) Health and social services;

     (d) Law enforcement;

     (e) Programs for housing, industrial insurance and unemployment insurance;

     (f) Public safety;

     (g) Recreation and resource development;

     (h) The regulation of businesses; and

     (i) Transportation;

     3.  For each category of expenditures specified in subsection 2, a graph displaying cumulative expenditures by month for the current biennium and the immediately preceding biennium; and

     4.  For each source of revenue totaling more than $100,000,000 as set forth in the legislatively approved budget for a biennium:

     (a) The total amount projected in that budget to be received during that biennium; and

     (b) A graph displaying the cumulative revenue by month for that biennium and the immediately preceding biennium.

     Sec. 2.  (Deleted by amendment.)

     Sec. 3.  This act becomes effective:

     1.  Upon passage and approval for the purpose of performing any preparatory administrative tasks necessary to carry out the provisions of this act; and

     2.  On July 1, 2012, for all other purposes.

________

 


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ê2011 Statutes of Nevada, Page 677ê

 

CHAPTER 140, AB 280

Assembly Bill No. 280–Assemblymen Oceguera, Anderson, Mastroluca, Brooks, Conklin; Benitez-Thompson, Dondero Loop, Flores, Frierson, Horne, Kirkpatrick, Munford, Neal and Pierce

 

Joint Sponsor: Senator Manendo

 

CHAPTER 140

 

[Approved: May 29, 2011]

 

AN ACT relating to public health; requiring certain medical facilities to establish patient safety checklists and patient safety policies; revising the requirements of the patient safety plans of certain medical facilities to include the patient safety checklists and patient safety policies; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires certain medical facilities to adopt patient safety plans and establish patient safety committees to oversee matters relating to the health and safety of patients at the facilities. (NRS 439.865, 439.875) Sections 1 and 5 of this bill require the patient safety committee of such a medical facility to adopt certain patient safety checklists to improve the health outcomes of patients in the medical facility and patient safety policies. Sections 1 and 5 also require the patient safety committee to review those checklists and policies at least annually and revise the checklists and policies as necessary. Section 1 also provides for annual reporting by the patient safety committees to the Legislative Committee on Health Care. Section 4 of this bill requires the patient safety checklists and patient safety policies to be included in the patient safety plan established for the medical facility.

       Section 7 of this bill provides that existing administrative sanctions which may be imposed against a medical facility that fails to adopt a patient safety plan or establish a patient safety committee may be imposed against a medical facility for a violation of section 1.

 

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 439 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The patient safety committee established pursuant to NRS 439.875 by a medical facility shall adopt patient safety checklists and patient safety policies for use by:

     (a) Providers of health care who provide treatment to patients at the medical facility;

     (b) Other personnel of the medical facility who provide treatment or assistance to patients;

     (c) Employees of the medical facility who do not provide treatment to patients but whose duties affect the health or welfare of the patients at the facility, including, without limitation, a janitor of the medical facility; and

 


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ê2011 Statutes of Nevada, Page 678 (Chapter 140, AB 280)ê

 

     (d) Persons with whom the medical facility enters into a contract to provide treatment to patients or to provide services which may affect the health or welfare of patients at the facility.

     2.  The patient safety checklists adopted pursuant to subsection 1 must follow protocols to improve the health outcomes of patients at the medical facility and must include, without limitation:

     (a) Checklists related to specific types of treatment. Such checklists must include, without limitation, a requirement to document that the treatment provided was properly ordered by the provider of health care.

     (b) Checklists for ensuring that employees of the medical facility and contractors with the medical facility who are not providers of health care follow protocols to ensure that the room and environment of the patient is sanitary.

     (c) A checklist to be used when discharging a patient from the facility which includes, without limitation, verifying that the patient received:

           (1) Proper instructions concerning prescription medications;

           (2) Instructions concerning aftercare; and

           (3) Any other instructions concerning his or her care upon discharge.

     (d) Any other checklists which may be appropriate to ensure the safety of patients at the medical facility.

     3.  The patient safety policies adopted pursuant to subsection 1 must include, without limitation:

     (a) A policy for appropriately identifying a patient before providing treatment. Such a policy must require the patient to be identified with at least two personal identifiers before each interaction with a provider of health care. The personal identifiers may include, without limitation, the name and date of birth of the patient.

     (b) A policy regarding the nationally recognized standard precautionary protocols to be observed by providers of health care at the medical facility including, without limitation, protocols relating to hand hygiene.

     (c) A policy to ensure compliance with the patient safety checklists and patient safety policies adopted pursuant to this section, which may include, without limitation, active surveillance. Active surveillance may include, without limitation, a system for reporting violations, peer-to-peer communication, video monitoring and audits of sanitation materials.

     4.  The patient safety committee shall:

     (a) Monitor and document the effectiveness of the patient identification policy adopted pursuant to paragraph (a) of subsection 3.

     (b) At least annually, review the patient safety checklists and patient safety policies adopted pursuant to this section and consider any additional patient safety checklists and patient safety policies that may be appropriate for adoption for use at the medical facility.

     (c) Revise a patient safety checklist and patient safety policy adopted pursuant to this section as necessary to ensure that the checklist or policy, as applicable, reflects the most current standards in patient safety protocols.

 


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ê2011 Statutes of Nevada, Page 679 (Chapter 140, AB 280)ê

 

     (d) On or before July 1 of each year, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care. The report must include information regarding the development, revision and usage of the patient safety checklists and patient safety policies and a summary of the annual review conducted pursuant to paragraph (b).

     Sec. 2.  NRS 439.800 is hereby amended to read as follows:

     439.800  As used in NRS 439.800 to 439.890, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 439.802 to 439.830, inclusive, have the meanings ascribed to them in those sections.

     Sec. 3.  NRS 439.860 is hereby amended to read as follows:

     439.860  Any report, document and any other information compiled or disseminated pursuant to the provisions of NRS 439.800 to 439.890, inclusive, and section 1 of this act is not admissible in evidence in any administrative or legal proceeding conducted in this State.

     Sec. 4.  NRS 439.865 is hereby amended to read as follows:

     439.865  1.  Each medical facility that is located within this state shall develop, in consultation with the providers of health care who provide treatment to patients at the medical facility, an internal patient safety plan to improve the health and safety of patients who are treated at that medical facility. The patient safety plan must include, without limitation, the patient safety checklists and patient safety policies most recently adopted pursuant to section 1 of this act.

     2.  A medical facility shall submit its patient safety plan to the governing board of the medical facility for approval in accordance with the requirements of this section.

     3.  After a medical facility’s patient safety plan is approved, the medical facility shall notify all providers of health care who provide treatment to patients at the medical facility of the existence of the plan and of the requirements of the plan. A medical facility shall require compliance with its patient safety plan.

     Sec. 5.  NRS 439.875 is hereby amended to read as follows:

     439.875  1.  A medical facility shall establish a patient safety committee.

     2.  Except as otherwise provided in subsection 3:

     (a) A patient safety committee established pursuant to subsection 1 must be composed of:

           (1) The patient safety officer of the medical facility.

           (2) At least three providers of health care who treat patients at the medical facility, including, without limitation, at least one member of the medical, nursing and pharmaceutical staff of the medical facility.

           (3) One member of the executive or governing body of the medical facility.

     (b) A patient safety committee shall meet at least once each month.

     3.  The Administrator shall adopt regulations prescribing the composition and frequency of meetings of patient safety committees at medical facilities having fewer than 25 employees and contractors.

     4.  A patient safety committee shall:

 


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ê2011 Statutes of Nevada, Page 680 (Chapter 140, AB 280)ê

 

     (a) Receive reports from the patient safety officer pursuant to NRS 439.870.

     (b) Evaluate actions of the patient safety officer in connection with all reports of sentinel events alleged to have occurred at the medical facility.

     (c) Review and evaluate the quality of measures carried out by the medical facility to improve the safety of patients who receive treatment at the medical facility.

     (d) Make recommendations to the executive or governing body of the medical facility to reduce the number and severity of sentinel events that occur at the medical facility.

     (e) At least once each calendar quarter, report to the executive or governing body of the medical facility regarding:

           (1) The number of sentinel events that occurred at the medical facility during the preceding calendar quarter; and

           (2) Any recommendations to reduce the number and severity of sentinel events that occur at the medical facility.

     (f) Adopt patient safety checklists and patient safety policies as required by section 1 of this act, review the checklists and policies annually and revise the checklists and policies as the patient safety committee determines necessary.

     5.  The proceedings and records of a patient safety committee are subject to the same privilege and protection from discovery as the proceedings and records described in NRS 49.265.

     Sec. 6.  NRS 439.880 is hereby amended to read as follows:

     439.880  No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if the person, without malice:

     1.  Reports a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

     2.  Notifies a governmental entity with jurisdiction or another appropriate authority of a sentinel event;

     3.  Transmits information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

     4.  Compiles, prepares or disseminates information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority; or

     5.  Performs any other act authorized pursuant to NRS 439.800 to 439.890, inclusive [.] , and section 1 of this act.

     Sec. 7.  NRS 439.885 is hereby amended to read as follows:

     439.885  1.  If a medical facility:

     (a) Commits a violation of any provision of NRS 439.800 to 439.890, inclusive, and section 1 of this act, or for any violation for which an administrative sanction pursuant to NRS 449.163 would otherwise be applicable; and

     (b) Of its own volition, reports the violation to the Administrator,

Ê such a violation must not be used as the basis for imposing an administrative sanction pursuant to NRS 449.163.

     2.  If a medical facility commits a violation of any provision of NRS 439.800 to 439.890, inclusive, and section 1 of this act and does not, of its own volition, report the violation to the Administrator, the Health Division may, in accordance with the provisions of subsection 3, impose an administrative sanction:

 


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ê2011 Statutes of Nevada, Page 681 (Chapter 140, AB 280)ê

 

     (a) For failure to report a sentinel event, in an amount not to exceed $100 per day for each day after the date on which the sentinel event was required to be reported pursuant to NRS 439.835;

     (b) For failure to adopt and implement a patient safety plan pursuant to NRS 439.865, in an amount not to exceed $1,000 for each month in which a patient safety plan was not in effect; and

     (c) For failure to establish a patient safety committee or failure of such a committee to meet pursuant to the requirements of NRS 439.875, in an amount not to exceed $2,000 for each violation of that section.

     3.  Before the Health Division imposes an administrative sanction pursuant to subsection 2, the Health Division shall provide the medical facility with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If a medical facility wants to contest the action, the facility may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the Health Division shall hold a hearing in accordance with those regulations.

     4.  An administrative sanction collected pursuant to this section must be accounted for separately and used by the Health Division to provide training and education to employees of the Health Division, employees of medical facilities and members of the general public regarding issues relating to the provision of quality and safe health care.

     Sec. 8.  NRS 439.890 is hereby amended to read as follows:

     439.890  The State Board of Health shall adopt such regulations as the Board determines to be necessary or advisable to carry out the provisions of NRS 439.800 to 439.890, inclusive [.] , and section 1 of this act.

     Sec. 9.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 682ê

 

CHAPTER 141, AB 292

Assembly Bill No. 292–Assemblymen Horne; Daly, Dondero Loop, Flores, Frierson, Ohrenschall and Segerblom

 

CHAPTER 141

 

[Approved: May 29, 2011]

 

AN ACT relating to eminent domain; prohibiting an appraiser from using certain appraisal reports to evaluate real property in a judicial proceeding for eminent domain; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill prohibits an appraiser from using a Restricted Use Appraisal Report to determine, establish or assess the nature, value, quality or use of real property in a judicial proceeding for eminent domain.

 

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.  (Deleted by amendment.)

     Sec. 2.  Chapter 37 of NRS is hereby amended by adding thereto a new section to read as follows:

     An appraiser shall not use a Restricted Use Appraisal Report which is prepared in accordance with the Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Standards Board of The Appraisal Foundation to determine, establish or assess the nature, value, quality or use of real property in a judicial proceeding for eminent domain brought pursuant to this chapter.

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ê2011 Statutes of Nevada, Page 683ê

 

CHAPTER 142, AB 306

Assembly Bill No. 306–Assemblymen Kite; Benitez-Thompson, Bustamante Adams, Ellison, Flores, Hickey, Livermore, McArthur, Neal, Sherwood, Stewart and Woodbury

 

Joint Sponsors: Senators Kieckhefer and Settelmeyer

 

CHAPTER 142

 

[Approved: May 29, 2011]

 

AN ACT relating to conservation districts; revising the manner in which certain supervisors of a conservation district are appointed; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes provisions for organizing conservation districts to help plan for and accomplish the conservation and controlled development of the renewable resources of this State. (NRS 548.185-548.245) Each district is governed by a board of supervisors consisting of five elected supervisors and supervisors who are appointed by the governing bodies of cities and counties within the boundaries of the district. (NRS 548.280) Pursuant to existing law, the governing bodies of the counties within a district jointly appoint one representative to represent them as a supervisor, and if the counties cannot agree upon one representative, the State Conservation Commission is required to appoint a supervisor from the nominees proposed by the counties. (NRS 548.283) Section 2 of this bill instead requires each county within a conservation district to appoint its own supervisor to represent it and removes the provision authorizing the Commission to appoint a supervisor for the counties. Section 3 of this bill allows a supervisor who has been jointly appointed by the governing bodies of the counties within a conservation district to continue to serve as a supervisor until the end of his or her term or until successor supervisors are appointed.

 

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 548.280 is hereby amended to read as follows:

     548.280  Each district shall be governed by a board consisting of five supervisors elected at large and one or [two] more appointed supervisors, as provided in this chapter.

     Sec. 2.  NRS 548.283 is hereby amended to read as follows:

     548.283  1.  The governing bodies of any incorporated cities located within the boundaries of the district shall appoint a representative to represent them as a supervisor on the governing board of the district.

     2.  If the cities cannot agree on one representative to serve as a supervisor, the Commission shall choose the representative from the nominees proposed by the cities.

     3.  The governing bodies of any counties located within the boundaries of the district shall each appoint a representative to represent [them] the governing body as a supervisor on the governing board of the district.

     4.  [If the counties cannot agree on one representative to serve as a supervisor, the Commission shall choose the representative from the nominees proposed by the several counties.

 


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ê2011 Statutes of Nevada, Page 684 (Chapter 142, AB 306)ê

 

     5.]  Each representative of a city or county shall designate an alternate to replace the representative in the representative’s absence from meetings of the supervisors of the district. The representative shall send a written notice to the authority which appointed him or her containing the name and address of the person so designated. The notice must be sent in such a manner that it will be received before the date of the meeting which the alternate is to attend. An alternate has all of the duties, rights and privileges of the replaced representative.

     Sec. 3.  1.  Notwithstanding the amendatory provisions of this act, a supervisor on the governing board of a conservation district who was appointed to serve as a supervisor on the governing board pursuant to subsection 3 or 4 of NRS 548.283 before July 1, 2011, and who is otherwise qualified to serve as such a supervisor on that date may continue to serve in that capacity until:

     (a) Each supervisor is appointed pursuant to subsection 3 of NRS 548.283, as amended by section 2 of this act; or

     (b) The expiration of the term for which he or she was appointed,

Ê whichever occurs first.

     2.  As soon as practicable after July 1, 2011, the governing body of a county located within the boundaries of a conservation district specified in subsection 3 of NRS 548.283 shall appoint a representative to represent the governing body as a supervisor on the governing board of the district pursuant to subsection 3 of NRS 548.280, as amended by section 2 of this act.

     Sec. 4.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 685ê

 

CHAPTER 143, AB 368

Assembly Bill No. 368–Assemblyman Munford (by request)

 

CHAPTER 143

 

[Approved: May 29, 2011]

 

AN ACT relating to livestock; requiring the State Department of Agriculture to prepare and maintain certain books in an electronic format; authorizing a person to transport a saddle horse into and from this State without a brand inspection or livestock movement permit issued by the Department under certain circumstances; revising provisions governing certain fees collected by the Department; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires any written instrument evidencing the transfer of ownership of any livestock brand or marks to be recorded in the Office of the State Department of Agriculture in a book provided by the Department for that purpose. (NRS 564.110) Existing law also authorizes the Department to compile and issue books and supplements to those books which set forth the records of the Department of all livestock brands and marks which may be found on any animals in this State. (NRS 564.130) Sections 1 and 2 of this bill require the Department to make those books available in an electronic format and authorize the Department to include, in certain fees collected by the Department, any costs incurred by the Department in preparing those books in an electronic format.

       Existing law authorizes the Director of the Department to establish brand inspection districts in this State. If such districts are established, any animal within those districts is subject to brand inspection before the animal may be consigned for slaughter, sold or removed from any of those districts. (NRS 565.040, 565.090) Section 3 of this bill authorizes a person to transport a saddle horse into and from this State without a brand inspection or livestock movement permit issued by the Department. Unless a shorter period is prescribed by the Department, any horse so transported must not remain more than 15 days in this State and must not be transported into or from this State more than once during that period.

 

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 564.110 is hereby amended to read as follows:

     564.110  1.  Any brand or brand and mark or marks awarded and recorded and remaining of record in accordance with the terms of this chapter, including those transferred legally as provided in this section, are the property of the person to whom they stand of record as provided in this chapter and are subject to sale, assignment, transfer, security agreement or lien, devise and descent the same as other personal property.

     2.  Instruments of writing evidencing the sale, assignment, transfer, security agreement, lien, devise or descent must be in that form, as to text, signatures, witnesses, acknowledgments or certifications, required by statutes, in the case of the kind of instrument concerned, but the Department may secure such competent legal advice or rulings, and require such supporting evidence as it deems necessary, as to such instruments of writing, being in fact, authentic and in legal form, before approving and recording those instruments of writing as provided in this chapter.

 


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ê2011 Statutes of Nevada, Page 686 (Chapter 143, AB 368)ê

 

being in fact, authentic and in legal form, before approving and recording those instruments of writing as provided in this chapter.

     3.  Instruments in writing evidencing the transfer of ownership of any brand or brand and mark or marks must, after approval, be recorded in the office of the Department in a book to be provided for that purpose, and are not legally binding until so approved by the Department and recorded. In addition to any other format, the Department shall prepare and maintain the book required by this subsection in an electronic format. The Department may include, in any fee collected by the Department for the recording of the instruments pursuant to NRS 564.080, any costs incurred by the Department in preparing and maintaining the book in an electronic format pursuant to this subsection.

     4.  The recording of those instruments has the same force and effect as to third parties as the recording of instruments affecting the sale, assignment, transfer, devise or descent of other personal property. The original, or a certified copy of any such instrument, may be introduced in evidence in the same manner as is provided for similar instruments affecting personal property, and the record of the instrument or instruments of transfer, or the transcript thereof certified by the custodian of the record, may be read in evidence without further proof.

     5.  If any brand or brand and mark or marks of record, in accordance with the provisions of this chapter, becomes the subject of, or is included in, any security agreement, provisional assignment or legal lien, the secured party, provisional assignee or lienholder may notify the Department in writing as to the existence and conditions of the security agreement, provisional assignment or lien. After the receipt of the written notice, the Department shall not transfer the brand or brand and mark or marks, other than to the secured party, provisional assignee or lienholder until there is filed with the Department satisfactory legal evidence that the security agreement, provisional assignment or lien has been legally satisfied and removed.

     6.  No transfer or change, or partial, joint or complete ownership, of any brand under the provisions of this section:

     (a) Grants or recognizes any change in the method or area of its use from that authorized at the time of recording, or subsequent thereto but before the transfer or change of ownership; or

     (b) Waives or modifies the rerecording requirements set forth in NRS 564.120.

     Sec. 2.  NRS 564.130 is hereby amended to read as follows:

     564.130  1.  The Department may compile and issue books, and supplements thereto, containing transcripts of part or all of its records of brands and marks, so arranged and indexed as to be suitable for use in identifying any brands or marks which may be found in this State on any animals, or the hides thereof, and used in compliance with the provisions of this chapter.

     2.  Copies of the brand books and supplements must be made available to any person at a charge to be fixed by the Department, but the charge must not be less than the cost of compilation, publication and issuance.

     3.  Copies of the brand books or supplements may be furnished by the Department, without charge, to any public officer or other person whose possession of the book or supplements will, in the opinion of the Department, serve to promote the general welfare.

 


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ê2011 Statutes of Nevada, Page 687 (Chapter 143, AB 368)ê

 

     4.  In addition to any other format, the Department shall make any copies of the brand books and supplements available pursuant to this section available in an electronic format. The Department may include, in the amount of any charge fixed by the Department pursuant to subsection 2, any costs incurred by the Department in preparing those copies pursuant to this subsection.

     Sec. 3.  Chapter 565 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Any person who resides in a state which does not require the use or inspection of a brand for a horse in that state may transport a saddle horse owned by that person into and from this State without a brand inspection or livestock movement permit issued by the Department. Any saddle horse transported pursuant to this section must not remain in this State for more than 15 days or any shorter period specified by the Department and must not be transported into or from this State more than once during that period. Upon request by the Department, a person who transports a saddle horse pursuant to this section shall present to the Department a certificate of health for the saddle horse and a bill of sale or other proof of ownership of the saddle horse required by the Department.

     2.  As used in this section, “saddle horse” means any horse which is ridden or otherwise used by a person while competing or participating in a rodeo, horse show or other contest of skill in this State other than a bucking event at that rodeo, horse show or contest of skill.

     Sec. 4.  NRS 565.040 is hereby amended to read as follows:

     565.040  1.  The Director may declare any part of this State a brand inspection district.

     2.  After the creation of any brand inspection district as authorized by this chapter, all animals within any such district are subject to brand inspection in accordance with the provisions of this chapter before:

     (a) Consignment for slaughter within any district;

     (b) Any transfer of ownership by sale or otherwise; or

     (c) Removal from the district if the removal is not authorized pursuant to a livestock movement permit issued by the Department [.] or pursuant to section 3 of this act.

     3.  If a brand inspection district is created by the Department pursuant to the provisions of this chapter, the Director shall adopt regulations defining the boundaries of the district and the fees to be collected for brand inspection and prescribing such other methods of procedure not inconsistent with the provisions of this chapter as the Director considers necessary.

     4.  Any regulations adopted pursuant to the provisions of this section must be published at least twice in a newspaper having a general circulation in the brand inspection district created by the regulations, and copies of the regulations must be mailed to all common carriers of record with the Nevada Transportation Authority operating in the brand inspection district. Such publication and notification constitutes legal notice of the creation of the brand inspection district. The expense of advertising and notification must be paid from the Livestock Inspection Account.

     Sec. 5.  NRS 565.090 is hereby amended to read as follows:

     565.090  1.  Except as otherwise provided in subsections 3 and 6 [,] and section 3 of this act, it is unlawful for any person to drive or otherwise remove any animals out of a brand inspection district created under the provisions of this chapter until the animals have been inspected and a brand inspection clearance certificate is issued by the Department or a written permit from the Department has been issued authorizing the movement without brand inspection.

 


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ê2011 Statutes of Nevada, Page 688 (Chapter 143, AB 368)ê

 

inspection clearance certificate is issued by the Department or a written permit from the Department has been issued authorizing the movement without brand inspection.

     2.  Any person contemplating the driving or movement of any animals out of a brand inspection district shall notify the Department or an inspector thereof of the person’s intention, stating:

     (a) The place at which it is proposed to cross the border of the brand inspection district with the animals.

     (b) The number and kind of animals.

     (c) The owner of the animals.

     (d) The brands and marks of the animals claimed by each owner and, if they are other than the brands and marks legally recorded in the name of the owner, information concerning the basis for the claim of ownership or legal possession.

     (e) The date of the proposed movement across the border of the brand inspection district and the destination of the movement.

     (f) If a brand inspection is required, a statement setting forth the place where the animals will be held for brand inspection.

     3.  The provisions of this section do not apply to animals whose accustomed range is on both sides of the boundary of any brand inspection district but contiguous to that district and which are being moved from one portion of the accustomed range to another merely for pasturing and grazing thereon.

     4.  [The] Except as otherwise provided in section 3 of this act, the provisions of this section apply at all times to the movement of any animals across the Nevada state line to any point outside of the State of Nevada, except animals whose accustomed range is on both sides of the Nevada state line but contiguous thereto and which are being moved from one portion to another of the accustomed range merely for pasturing and grazing thereon.

     5.  In addition to the penalty imposed in NRS 565.170, a person who violates the provisions of subsection 1 is:

     (a) For the first violation, subject to an immediate brand inspection of the animals by the Department and shall reimburse the Department for its time and mileage and pay the usual fees for the brand inspection.

     (b) For the second and any subsequent violation, ineligible for a permit to move any livestock without a brand inspection until the State Board of Agriculture is satisfied that any future movement will comply with all applicable statutes and regulations.

     6.  The Department may establish regulations specifying the circumstances under which a permit may be issued authorizing the movement of livestock without a brand inspection pursuant to this section. The circumstances may include, without limitation, the routine movement of horses and bulls within and from this State for the purpose of participating in a rodeo.

     Sec. 6.  (Deleted by amendment.)

     Sec. 7.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 689ê

 

CHAPTER 144, AB 373

Assembly Bill No. 373–Assemblyman Goicoechea

 

CHAPTER 144

 

[Approved: May 29, 2011]

 

AN ACT relating to real property; prohibiting under certain circumstances the removal, concealing or destruction of real property that is subject to foreclosure with the intent to defraud; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill provides that a person in possession of real property who, under certain circumstances, removes, conceals or destroys any real property that is subject to foreclosure with the intent to defraud and who causes a secured party to suffer pecuniary loss is guilty of a misdemeanor.

 

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 206 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A person who occupies real property, including a person with an ownership interest in the real property, who has personal knowledge of the pendency of an action for the foreclosure of a mortgage upon real property or a proceeding for the judicial or other foreclosure of a deed of trust given to secure a loan made to purchase real property shall not remove, conceal or otherwise destroy any portion of the real property upon which a security interest exists.

     2.  A person who:

     (a) Violates the provisions of subsection 1 with the intent to defraud the secured party; and

     (b) Causes the secured party to suffer a pecuniary loss upon the conclusion of a proceeding for the foreclosure of the real property,

Ê is guilty of a misdemeanor.

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ê2011 Statutes of Nevada, Page 690ê

 

CHAPTER 145, AB 420

Assembly Bill No. 420–Assemblyman Stewart

 

CHAPTER 145

 

[Approved: May 29, 2011]

 

AN ACT relating to the Nevada National Guard; providing for the confidentiality of personal information in certain documents recorded with a county recorder by a member of the Nevada National Guard; revising provisions governing the termination of employment of a member of the Nevada National Guard; prohibiting a member of the Nevada National Guard from being served a summons for, or notice of, a civil action or administrative proceeding against him or her during certain periods; postponing such an action or proceeding during certain periods; providing for a preference for certain employment with the government of this State for members of the Nevada National Guard; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the protection of personal information in recorded documents and for the access to such personal information by specified persons upon the death of the person whose personal information is at issue. (NRS 239B.030, 247.090) Section 1 of this bill expressly provides for the confidentiality of personal information of a member of the Nevada National Guard contained in specified documents recorded with a county recorder, and allows access to that personal information by certain authorized persons.

       Existing law prohibits the termination of the employment of a member of the Nevada National Guard and provides for the member’s reinstatement after termination if the termination is because of certain active duty or service by the member. (NRS 412.139, 412.1395) Sections 2 and 3 of this bill expand this prohibition against termination and this right of reinstatement to cover situations in which the termination of employment is because of the member’s participation in required training, duty and meetings.

       Existing law prohibits the arrest on civil process of a member of the Nevada National Guard while the member is at a location for military duty or traveling to or from that location. (NRS 412.154) Section 4 of this bill: (1) prohibits the serving of a summons for, or notice of, a civil action or administrative proceeding against a member of the Nevada National Guard during any period in which the member assembles for training or participates in field training, active duty training or active service, or travels to or from that duty, service or training; and (2) stays (postpones) the civil action or administrative proceeding against the member during that same period.

       Existing law provides a preference in hiring for certain public employment for veterans of the Armed Forces of the United States. (NRS 284.260) Section 5 of this bill provides a similar preference for members of the Nevada National Guard.

 


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ê2011 Statutes of Nevada, Page 691 (Chapter 145, AB 420)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 412 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in this subsection and NRS 239B.030 and 247.090, a county recorder shall ensure that any personal information of a member of the Nevada National Guard contained in any document which is related to the member’s military service and is recorded, filed or otherwise submitted to the county recorder by or on behalf of the member is maintained in a confidential manner. The county recorder may disclose the personal information to any person designated in writing by the member or, upon the member’s death, by a person authorized by subsection 2 of NRS 247.090 to inspect and copy the document containing the personal information.

     2.  As used in this section, “personal information” has the meaning ascribed to it in NRS 603A.040.

     Sec. 2.  NRS 412.139 is hereby amended to read as follows:

     412.139  1.  An employer may not terminate the employment of a member of the Nevada National Guard because the member [is] :

     (a) Assembles for training, participates in field training or active duty or otherwise meets as required pursuant to NRS 412.118; or

     (b) Is ordered to active service or duty pursuant to NRS 412.122 or 412.124.

     2.  Any employer who violates subsection 1 is guilty of a misdemeanor.

     3.  In addition to any other remedy or penalty, the Labor Commissioner may impose against the employer an administrative penalty of not more than $5,000 for each such violation.

     Sec. 3.  NRS 412.1395 is hereby amended to read as follows:

     412.1395  If the employment of a member of the Nevada National Guard is found to have been terminated as a result of the member [being] :

     1.  Assembling for training, participating in field training or active duty or otherwise meeting as required pursuant to NRS 412.118; or

     2.  Being ordered to active service or duty pursuant to NRS 412.122 or 412.124,

Ê the member is entitled to be immediately reinstated to his or her position without loss of seniority or benefits, and to receive all wages and benefits lost as a result of the termination.

     Sec. 4.  NRS 412.154 is hereby amended to read as follows:

     412.154  1.  Members of the Nevada National Guard ordered into active service of the State pursuant to this chapter are not liable civilly or criminally for any act done by them in the performance of their duty. When an action or proceeding of any nature is commenced in any court by any person against any officer of the militia for any act done by the officer in his or her official capacity in the discharge of any duty pursuant to this chapter, or an alleged omission by the officer to do an act which it was his or her duty to perform, or against any person acting pursuant to the authority or order of such an officer, or by virtue of any warrant issued by the officer pursuant to law, the defendant:

 


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ê2011 Statutes of Nevada, Page 692 (Chapter 145, AB 420)ê

 

     (a) May have counsel of his or her own selection, with the cost of such counsel to be borne by the defendant; or

     (b) Must be defended by the Attorney General in civil actions and by the State Judge Advocate in criminal actions, with the cost of such counsel to be paid out of the Reserve for Statutory Contingency Account upon approval by the State Board of Examiners unless the defendant was found to have been criminally negligent or to have acted wantonly or maliciously, in which case the cost of such counsel must be borne by the defendant,

Ê and may require the person instituting or prosecuting the action or proceeding to file security for the payment of costs that may be awarded to the defendant therein.

     2.  A defendant in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding shall recover his or her costs.

     3.  No member of the Nevada National Guard may be arrested on any civil process while going to, remaining at, or returning from any place at which he or she is required to attend for military duty.

     4.  A person may not serve a summons for, or notice of, a civil action or administrative proceeding against a member of the Nevada National Guard, and any such action or proceeding must be postponed, stayed or delayed, during any period in which the member:

     (a) Assembles for training, participates in field training or active duty training, or otherwise meets as required pursuant to NRS 412.118;

     (b) Begins active service or duty upon the ordered date of reporting pursuant to NRS 412.122 or 412.124; or

     (c) Is going to or returning from any duty, service or training specified in paragraph (a) or (b).

     Sec. 5.  NRS 284.260 is hereby amended to read as follows:

     284.260  1.  In establishing the lists of eligible persons, certain preferences must be allowed for [veterans] :

     (a) Veterans not dishonorably discharged from the Armed Forces of the United States. For veterans with disabilities, 10 points must be added to the passing grade achieved on the examination. For ex-servicemen and women who have not suffered disabilities, and for the widows and widowers of veterans, 5 points must be added to the passing grade achieved on the examination.

     (b) Members of the Nevada National Guard. For a member of the Nevada National Guard who submits a letter of recommendation from the commanding officer of the member’s unit, 5 points must be added to the passing grade achieved on the examination.

     2.  Any person qualifying for preference points pursuant to subsection 1 is entitled to have the points applied to any open competitive examination in the classified service, but only to one promotional examination.

     3.  For the purposes of this section, “veteran” has the meaning ascribed to “eligible veteran” in 38 U.S.C. § 4211.

     Sec. 6.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 693ê

 

CHAPTER 146, AB 451

Assembly Bill No. 451–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 146

 

[Approved: May 29, 2011]

 

AN ACT relating to the Advisory Council on the Metric System; repealing obsolete provisions regarding the Advisory Council on the Metric System; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides for the creation of the Advisory Council on the Metric System, including the organization, funding and powers and duties. (NRS 581.500-581.540) The Advisory Council was created in 1981 in response to the Federal Government’s support for adoption of the metric system in the United States. Since that time, the Advisory Council has ceased to exist. The Research Director and the Legislative Counsel have, pursuant to NRS 220.085, recommended the elimination of the obsolete provisions regarding the Advisory Council on the Metric System. This bill repeals all of the provisions relating to the Advisory Council.

 

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 581.500, 581.510, 581.520, 581.530 and 581.540 are hereby repealed.

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

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ê2011 Statutes of Nevada, Page 694ê

 

CHAPTER 147, AB 454

Assembly Bill No. 454–Committee on Government Affairs

 

CHAPTER 147

 

[Approved: May 29, 2011]

 

AN ACT relating to land use planning; extending the period within which certain parcel maps must be recorded in certain counties; removing the prospective expiration of certain provisions concerning tentative maps and final maps of certain subdivisions of land; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law prescribes certain requirements for the proposed dividing of land into five or more units for the purpose of transfer or development, unless otherwise exempted. (NRS 278.320-278.460) The initial action in the process of dividing such land is the submission of a tentative map of the proposed subdivision, and the concluding action is the recordation of an approved final map. (NRS 278.330, 278.460) A subdivider whose tentative map of a proposed subdivision has been approved by the appropriate planning authority must present a final map covering the entire subdivision, or the first of a series of successive final maps covering portions of the subdivision, within 4 years after the approval of the tentative map, with certain exceptions, or proceedings concerning the subdivision are terminated. (NRS 278.360) Additionally, if a subdivider is presenting a series of final maps, each successive map must be presented within 2 years after the previous final map in the series was recorded, unless the planning authority grants an extension of not more than 2 additional years. (NRS 278.360)

       These deadlines of 4 years and 2 years were extended from 2 years and 1 year, respectively, during the 2009 Legislative Session, and those changes are scheduled to expire on June 30, 2013, after which the deadlines will revert to 2 years and 1 year, respectively. (Section 3, chapter 59, Statutes of Nevada 2009, p. 165) Section 2 of this bill removes that prospective expiration so that: (1) the deadline for presenting a final map or the first in a series of successive maps will remain at 4 years after the approval of the tentative map; (2) the deadline for presenting one of a series of successive final maps will remain at 2 years after the presentation of the previous map; and (3) the possible duration of an extension to the deadlines for presenting one of a series of successive maps will remain at 2 years.

       Existing law requires a person who proposes to divide any land for transfer or development into four lots or less to submit a parcel map showing the proposed division to the appropriate planning commission or local governing body for approval. (NRS 278.461, 278.464) If the parcel map is approved, the person must cause the map to be recorded in the office of the county recorder within 1 year after the approval, unless the governing body establishes by ordinance a longer period, which may not exceed 2 years. (NRS 278.468) Section 1 of this bill extends that period to 3 years, and authorizes the governing body to grant a 1-year extension, for a parcel map prepared in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties) if the parcel map shows land totaling 50 acres or more that is subject to a conservation easement preserving or protecting open space, a floodplain or agricultural lands.

 


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ê2011 Statutes of Nevada, Page 695 (Chapter 147, AB 454)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 278.468 is hereby amended to read as follows:

     278.468  1.  If a parcel map is approved or deemed approved pursuant to NRS 278.464, the preparer of the map shall:

     (a) [Cause] Except as otherwise provided in subsection 2, cause the approved map to be recorded in the office of the county recorder within 1 year after the date the map was approved or deemed approved, unless the governing body establishes by ordinance a longer period, not to exceed 2 years, for recording the map. The map must be accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid.

     (b) Pay a fee of $17 for the first sheet of the map plus $10 for each additional sheet to the county recorder for filing and indexing.

     2.  In a county whose population is less than 100,000, if the parcel map shows an area totaling 50 acres or more that is subject to a conservation easement, the preparer of the map shall cause the approved map to be recorded in the office of the county recorder within 3 years after the date the map was approved or deemed approved, unless the governing body grants an extension of time for recording the map, which may not exceed 1 year. As used in this subsection, “conservation easement” means an easement that permanently preserves or protects open space, a floodplain or agricultural land from being parceled, subdivided or otherwise developed in a manner incompatible with the preservation or protection of the open space, floodplain or agricultural land.

     3.  Upon receipt of a parcel map, the county recorder shall file the map in a suitable place. The county recorder shall keep proper indexes of parcel maps by the name of grant, tract, subdivision or United States subdivision.

     [3.] 4.  A county recorder who records a parcel map pursuant to this section shall, within 7 working days after he or she records the parcel map, provide to the county assessor at no charge:

     (a) A duplicate copy of the parcel map and any supporting documents; or

     (b) Access to the digital parcel map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

     Sec. 2.  Section 3 of chapter 59, Statutes of Nevada 2009, at page 165, is hereby amended to read as follows:

      Sec. 3.  [1.]  This act becomes effective upon passage and approval.

      [2.  Section 2 of this act expires by limitation on June 30, 2013.]

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

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ê2011 Statutes of Nevada, Page 696ê

 

CHAPTER 148, AB 533

Assembly Bill No. 533–Committee on Health and Human Services

 

CHAPTER 148

 

[Approved: May 29, 2011]

 

AN ACT relating to group homes; providing certain financial protections for residents of group homes and similar facilities; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill prohibits the owner or administrator of a medical facility, facility for the dependent or home for individual residential care from receiving: (1) money or property devised by the will of a current or former resident of the facility or home; and (2) proceeds from a life insurance policy upon the life or body of a current or former resident of the facility or home. Under section 1, such an owner or administrator is deemed to have predeceased the resident and, as a result, the money, property and proceeds are then distributed to other devisees (in the case of a will) or other beneficiaries (in the case of a life insurance policy). In the event that there is no other devisee or beneficiary, the laws of this State pertaining to testate and intestate succession would control. Section 1 does not apply in the instance in which the owner or administrator of the facility or home is the spouse, legal guardian or next of kin of the resident or former resident.

       Under existing law, a principal may not name his or her provider of health care, an employee of the provider of health care or an operator or employee of a health care facility as his or her agent in a power of attorney for health care; however, an exception is set forth if the provider, operator or employee is the principal’s spouse, legal guardian or next of kin. (NRS 162A.840) Section 3 of this bill establishes a broader prohibition in the context of group homes and similar facilities, providing that a person who resides or is about to reside in a hospital, assisted living facility or facility for skilled nursing may not name such a facility or an owner, operator or employee of such a facility as his or her agent in any power of attorney for any purpose. The prohibition set forth in section 3 does not apply if the owner, operator or employee is the resident’s (principal’s) spouse, legal guardian or next of kin or, when certain conditions are met, if the owner, operator or employee is assisting the principal to establish eligibility for Medicaid. Section 3 further makes it a category C felony to use a power of attorney which is created for the purpose of assisting a principal to establish eligibility for Medicaid for any other purpose or in a manner inconsistent with the provisions of the power of attorney.

 

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 449 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in subsection 3 and notwithstanding any other provision of law, an owner or administrator of a medical facility, facility for the dependent or home for individual residential care is not entitled to receive, and must not receive:

     (a) Any money, personal property or real property that is devised or bequeathed by will to the owner or administrator by a resident or former resident of the facility or home, as applicable.

 


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ê2011 Statutes of Nevada, Page 697 (Chapter 148, AB 533)ê

 

     (b) Any proceeds from a life insurance policy upon the life or body of a resident or former resident of the facility or home, as applicable.

     2.  Except as otherwise provided in subsection 3, any money, property, proceeds or interest therein that is described in subsection 1 passes in accordance with law as if the owner or administrator of the medical facility, facility for the dependent or home for individual residential care had predeceased the decedent resident or former resident.

     3.  The provisions of subsections 1 and 2 do not apply if the owner or administrator of the medical facility, facility for the dependent or home for individual residential care is the spouse, legal guardian or next of kin of the resident or former resident of the facility or home, as applicable.

     Sec. 2.  NRS 449.730 is hereby amended to read as follows:

     449.730  1.  Every medical facility, facility for the dependent and home for individual residential care shall inform each patient or the patient’s legal representative, upon the admission of the patient to the facility or home, of the patient’s rights as listed in NRS 449.700, 449.710, 449.715 , [and] 449.720 [.] and section 1 of this act.

     2.  In addition to the requirements of subsection 1, if a person with a disability is a patient at a facility, as that term is defined in NRS 449.771, the facility shall inform the patient of his or her rights pursuant to NRS 449.765 to 449.786, inclusive.

     3.  In addition to the requirements of subsections 1 and 2, every hospital shall, upon the admission of a patient to the hospital, provide to the patient or the patient’s legal representative a written disclosure approved by the Director of the Department of Health and Human Services, which written disclosure must set forth:

     (a) Notice of the existence of the Bureau for Hospital Patients created pursuant to NRS 223.575;

     (b) The address and telephone number of the Bureau; and

     (c) An explanation of the services provided by the Bureau, including, without limitation, the services for dispute resolution described in subsection 3 of NRS 223.575.

     4.  In addition to the requirements of subsections 1, 2 and 3, every hospital shall, upon the discharge of a patient from the hospital, provide to the patient or the patient’s legal representative a written disclosure approved by the Director, which written disclosure must set forth:

     (a) If the hospital is a major hospital:

           (1) Notice of the reduction or discount available pursuant to NRS 439B.260, including, without limitation, notice of the criteria a patient must satisfy to qualify for a reduction or discount under that section; and

           (2) Notice of any policies and procedures the hospital may have adopted to reduce charges for services provided to persons or to provide discounted services to persons, which policies and procedures are in addition to any reduction or discount required to be provided pursuant to NRS 439B.260. The notice required by this subparagraph must describe the criteria a patient must satisfy to qualify for the additional reduction or discount, including, without limitation, any relevant limitations on income and any relevant requirements as to the period within which the patient must arrange to make payment.

     (b) If the hospital is not a major hospital, notice of any policies and procedures the hospital may have adopted to reduce charges for services provided to persons or to provide discounted services to persons. The notice required by this paragraph must describe the criteria a patient must satisfy to qualify for the reduction or discount, including, without limitation, any relevant limitations on income and any relevant requirements as to the period within which the patient must arrange to make payment.

 


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ê2011 Statutes of Nevada, Page 698 (Chapter 148, AB 533)ê

 

required by this paragraph must describe the criteria a patient must satisfy to qualify for the reduction or discount, including, without limitation, any relevant limitations on income and any relevant requirements as to the period within which the patient must arrange to make payment.

Ê As used in this subsection, “major hospital” has the meaning ascribed to it in NRS 439B.115.

     5.  In addition to the requirements of subsections 1 to 4, inclusive, every hospital shall post in a conspicuous place in each public waiting room in the hospital a legible sign or notice in 14-point type or larger, which sign or notice must:

     (a) Provide a brief description of any policies and procedures the hospital may have adopted to reduce charges for services provided to persons or to provide discounted services to persons, including, without limitation:

           (1) Instructions for receiving additional information regarding such policies and procedures; and

           (2) Instructions for arranging to make payment;

     (b) Be written in language that is easy to understand; and

     (c) Be written in English and Spanish.

     Sec. 3.  NRS 162A.220 is hereby amended to read as follows:

     162A.220  1.  A power of attorney must be signed by the principal or, in the principal’s conscious presence, by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.

     2.  If the principal resides in a hospital, assisted living facility or facility for skilled nursing at the time of execution of the power of attorney, a certification of competency of the principal from a physician, psychologist or psychiatrist must be attached to the power of attorney.

     3.  If the principal resides or is about to reside in a hospital, assisted living facility or facility for skilled nursing at the time of execution of the power of attorney, in addition to the prohibition set forth in NRS 162A.840 and except as otherwise provided in subsection 4, the principal may not name as agent in any power of attorney for any purpose:

     (a) The hospital, assisted living facility or facility for skilled nursing;

     (b) An owner or operator of the hospital, assisted living facility or facility for skilled nursing; or

     (c) An employee of the hospital, assisted living facility or facility for skilled nursing.

     4.  The principal may name as agent any person identified in subsection 3 if that person is:

     (a) The spouse, legal guardian or next of kin of the principal; or

     (b) Named only for the purpose of assisting the principal to establish eligibility for Medicaid and the power of attorney complies with the provisions of subsection 5.

     5.  A person may be named as agent pursuant to paragraph (b) of subsection 4 only if:

     (a) A valid financial power of attorney for the principal does not exist;

     (b) The agent has made a good faith effort to contact each family member of the principal identified in the records of the hospital, assisted living facility or facility for skilled nursing, as applicable, to request that the family member establish a financial power of attorney for the principal and has documented his or her effort;

 


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ê2011 Statutes of Nevada, Page 699 (Chapter 148, AB 533)ê

 

request that the family member establish a financial power of attorney for the principal and has documented his or her effort;

     (c) The power of attorney specifies that the agent is only authorized to access financial documents of the principal which are necessary to prove eligibility of the principal for Medicaid as described in the application for Medicaid and specifies that any request for such documentation must be accompanied by a copy of the application for Medicaid or by other proof that the document is necessary to prove eligibility for Medicaid;

     (d) The power of attorney specifies that the agent does not have authority to access money or any other asset of the principal for any purpose; and

     (e) The power of attorney specifies that the power of attorney is only valid until eligibility of the principal for Medicaid is determined or 6 months after the power of attorney is signed, whichever is sooner.

     6.  A person who is named as agent pursuant to paragraph (b) of subsection 4 shall not use the power of attorney for any purpose other than to assist the principal to establish eligibility for Medicaid and shall not use the power of attorney in a manner inconsistent with the provisions of subsection 5. A person who violates the provisions of this subsection is guilty of a category C felony and shall be punished as provided in NRS 193.130.

     7.  As used in this section:

     (a) “Assisted living facility” has the meaning ascribed to it in NRS 422.2708.

     (b) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

     (c) “Hospital” has the meaning ascribed to it in NRS 449.012.

     Sec. 4.  Except as otherwise provided in this act:

     1.  This act applies to a life insurance policy, power of attorney or will created before, on or after July 1, 2011.

     2.  This act applies to a judicial proceeding concerning a life insurance policy, power of attorney or will commenced on or after July 1, 2011.

     3.  This act applies to a judicial proceeding concerning a life insurance policy, power of attorney or will commenced before July 1, 2011, unless the court finds that the application of a provision of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies.

     4.  An act done before July 1, 2011, is not affected by this act.

     Sec. 5.  This act becomes effective on July 1, 2011.

________

 


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ê2011 Statutes of Nevada, Page 700ê

 

CHAPTER 149, AB 534

Assembly Bill No. 534–Committee on Health and Human Services

 

CHAPTER 149

 

[Approved: May 29, 2011]

 

AN ACT relating to group homes; increasing the monetary civil penalties to be assessed against persons who operate a residential facility for groups or a home for individual residential care without a license; increasing the period within which persons who operate a residential facility for groups or a home for individual residential care without a license are prohibited from applying for a license to operate such a facility; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, it is an offense to operate a residential facility for groups or a home for individual residential care without a license. Existing law also provides that if a person operates such a facility or home without a license, the person is liable for a civil penalty to be recovered by the Attorney General in the name of the Health Division of the Department of Health and Human Services, and is required to move, at his or her own expense, the residents of the facility or home, as applicable, to a facility or home that is licensed. Existing law also sets the civil penalty for a first offense at not more than $10,000 and, for a second or subsequent offense, at not less than $10,000 or more than $20,000. Further, under existing law, a person who operates a residential facility for groups or a home for individual residential care without a license is also prohibited from applying for a license to operate that type of facility or home, as applicable, for a period of 6 months after the civil penalty was assessed. (NRS 449.030, 449.210, 449.249, 449.2496)

       This bill, with respect to the unlicensed operation of residential facilities for groups and homes for individual residential care: (1) transfers the authority to impose civil penalties from the Attorney General to the Health Division; (2) increases the civil penalties for unlicensed operation to $10,000 for a first offense, $25,000 for a second offense and $50,000 for a third or subsequent offense; (3) maintains the requirement to transfer residents to a licensed facility or home, as applicable; (4) increases the periods within which a violator may not apply for a license to operate such a facility or home to 6 months for a first offense, 1 year for a second offense and a permanent ban for a third offense; and (5) clarifies that, notwithstanding the ability of a violator to appeal an adverse action, the offense of operating a residential facility for groups or a home for individual residential care without a license is not excused by subsequent licensure of the facility or home, as applicable.

 

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 449.210 is hereby amended to read as follows:

     449.210  1.  Except as otherwise provided in subsection 2 and NRS 449.24897, a person who operates a medical facility or facility for the dependent without a license issued by the Health Division is guilty of a misdemeanor.

     2.  [A] If a person [who] operates a residential facility for groups without a license issued by the Health Division [:] , the Health Division shall:

 


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

ê2011 Statutes of Nevada, Page 701 (Chapter 149, AB 534)ê

 

     (a) [Is liable for] Impose a civil penalty [to be recovered by the Attorney General in the name of the Health Division for the] on the operator in the following amount:

           (1) For a first offense , [of not more than] $10,000 . [and for]

           (2) For a second offense, $25,000.

           (3) For a third or subsequent offense [of not less than $10,000 or more than $20,000;] , $50,000.

     (b) [Shall] Order the operator, at the operator’s own expense, to move all of the persons who are receiving services in the residential facility for groups to a residential facility for groups that is licensed . [at his or her own expense; and]

     (c) [May not apply] Prohibit the operator from applying for a license to operate a residential facility for groups . [for a period of] The duration of the period of prohibition must be:

           (1) For 6 months [after the person] if the operator is punished pursuant to [this section.] subparagraph (1) of paragraph (a).

           (2) For 1 year if the operator is punished pursuant to subparagraph (2) of paragraph (a).

           (3) Permanent if the operator is punished pursuant to subparagraph (3) of paragraph (a).

     3.  Before the Health Division imposes an administrative sanction pursuant to subsection 2, the Health Division shall provide the operator of a residential facility for groups with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If the operator of a residential facility for groups wants to contest the action, the operator may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the Health Division shall hold a hearing in accordance with those regulations. For the purpose of this subsection, it is no defense to the violation of operating a residential facility for groups without a license that the operator thereof subsequently licensed the facility in accordance with law.

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

     Sec. 2.  NRS 449.2496 is hereby amended to read as follows:

     449.2496  1.  [A] If a person [who] operates or maintains a home for individual residential care without a license issued by the Health Division pursuant to NRS 449.249 [is liable for] , the Health Division shall:

     (a) Impose a civil penalty [, to be recovered by the Attorney General in the name of the Health Division, for the] on the operator in the following amount:

           (1) For a first offense , [of] $10,000 . [and for]

           (2) For a second offense, $25,000.

           (3) For a third or subsequent offense [of not less than $10,000 nor more than $20,000.

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

 


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

ê2011 Statutes of Nevada, Page 702 (Chapter 149, AB 534)ê

 

protection of the health, safety, well-being and property of patients, including residents of facilities found deficient by the Health Division.

     3.  A person against whom a civil penalty is assessed by the court pursuant to subsection 1:

     (a) Shall] , $50,000.

     (b) Order the operator, at the operator’s own expense, to move [, at that person’s own expense,] all persons receiving services in the home for individual residential care to a licensed home for individual residential care.

     [(b) May not apply]

     (c) Prohibit the operator from applying for a license to operate a home for individual residential care . [until] The duration of the period of prohibition must be:

           (1) For 6 months [have elapsed since the penalty was assessed.] if the operator is punished pursuant to subparagraph (1) of paragraph (a).

           (2) For 1 year if the operator is punished pursuant to subparagraph (2) of paragraph (a).

           (3) Permanent, if the operator is punished pursuant to subparagraph (3) of paragraph (a).

     2.  Before the Health Division imposes an administrative sanction pursuant to subsection 1, the Health Division shall provide the operator of a home for individual residential care with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If the operator of a home for individual residential care wants to contest the action, the operator may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the Health Division shall hold a hearing in accordance with those regulations. For the purpose of this subsection, it is no defense to the violation of operating a home for individual residential care without a license that the operator thereof subsequently licensed the home in accordance with law.

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

     4.  As used in this section, “operator” means a person who operates or maintains a home for individual residential care.

     Sec. 3.  This act becomes effective on July 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 703ê

 

CHAPTER 150, AB 535

Assembly Bill No. 535–Committee on Health and Human Services

 

CHAPTER 150

 

[Approved: May 29, 2011]

 

AN ACT relating to residential facilities for groups; revising provisions governing the referral of persons to such facilities; requiring the State Board of Health to track certain violations and to disseminate certain information to the public; providing a civil penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       To operate a business which provides referrals to residential facilities for groups, existing law provides that a person must obtain a license from the State Board of Health. Also under existing law, a business so licensed and its employees are prohibited from referring a person to a residential facility for groups if the facility is unlicensed or if the facility is owned by the same person who owns the business. A person who violates that prohibition is subject to a civil penalty. Existing law does not address referrals to residential facilities for groups that are made directly by individual providers of health care, and specifically exempts medical facilities that were already licensed as of October 1, 1999. (NRS 449.0305)

       Section 3 of this bill adds to the list of activities in which a business licensed to provide referrals to residential facilities for groups, and its employees, may not engage by prohibiting a business so licensed and its employees from referring a person to a residential facility for groups if the business or its employee knows or reasonably should know that the facility or its services are not appropriate for the condition of the person being referred. Section 1 of this bill prohibits a licensed medical facility and its employees from: (1) referring a person to a residential facility for groups that is not licensed by the Health Division of the Department of Health and Human Services; and (2) referring a person to a residential facility for groups if the licensed medical facility or its employee knows or reasonably should know that the residential facility for groups, or the services provided by the residential facility for groups, are not appropriate for the condition of the person being referred. “Licensed medical facility” is defined to include medical facilities and facilities for the dependent that are licensed by the Health Division and other facilities that provide medical care and treatment and which are required to be licensed by the State Board of Health. If a licensed medical facility or an employee of the licensed medical facility violates the prohibitions established by section 1, the licensed medical facility is liable to the State Board of Health for a civil penalty of not more than $10,000 for a first offense, and of not less than $10,000 or more than $20,000 for a second or subsequent offense. Section 1 also requires the State Board of Health to establish and maintain a system to track violations of section 1 and NRS 449.0305, and directs the Board to educate the public regarding the requirements and prohibitions set forth in those sections.

 


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

ê2011 Statutes of Nevada, Page 704 (Chapter 150, AB 535)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 449 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  In addition to the requirements and prohibitions set forth in NRS 449.0305, and notwithstanding any exceptions set forth in that section, a licensed medical facility or an employee of such a medical facility shall not:

     (a) Refer a person to a residential facility for groups that is not licensed by the Health Division;

     (b) Refer a person to a residential facility for groups if the licensed medical facility or its employee knows or reasonably should know that the residential facility for groups, or the services provided by the residential facility for groups, are not appropriate for the condition of the person being referred.

     2.  If a licensed medical facility or an employee of such a medical facility violates the provisions of subsection 1, the licensed medical facility is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 or more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the enforcement of this section and the protection of the health, safety, well-being and property of residents of residential facilities for groups.

     3.  The Board shall:

     (a) Establish and maintain a system to track violations of this section and NRS 449.0305. Except as otherwise provided in this paragraph, records created by or for the system are public records and are available for public inspection. The following information is confidential:

           (1) Any personally identifying information relating to a person who is referred to a residential facility for groups.

           (2) Information which may not be disclosed under federal law.

     (b) Educate the public regarding the requirements and prohibitions set forth in this section and NRS 449.0305.

     4.  As used in this section, “licensed medical facility” means:

     (a) A medical facility that is required to be licensed pursuant to this section and NRS 449.001 to 449.240, inclusive.

     (b) A facility for the dependent that is required to be licensed pursuant to this section and NRS 449.001 to 449.240, inclusive.

     (c) A facility that provides medical care or treatment and is required by regulation of the Board to be licensed pursuant to NRS 449.038.

     Sec. 2.  NRS 449.030 is hereby amended to read as follows:

     449.030  1.  No person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.001 to 449.240, inclusive [.] , and section 1 of this act.

 


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ê2011 Statutes of Nevada, Page 705 (Chapter 150, AB 535)ê

 

     2.  Unless licensed as a facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the Board.

     Sec. 3.  NRS 449.0305 is hereby amended to read as follows:

     449.0305  1.  Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups.

     2.  The Board shall adopt:

     (a) Standards for the licensing of businesses that provide referrals to residential facilities for groups;

     (b) Standards relating to the fees charged by such businesses;

     (c) Regulations governing the licensing of such businesses; and

     (d) Regulations establishing requirements for training the employees of such businesses.

     3.  A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups through a business that is licensed pursuant to this section.

     4.  A business that is licensed pursuant to this section or an employee of such a business shall not:

     (a) Refer a person to a residential facility for groups that is not licensed.

     (b) Refer a person to a residential facility for groups if the business or its employee knows or reasonably should know that the facility, or the services provided by the facility, are not appropriate for the condition of the person being referred.

     (c) Refer a person to a residential facility for groups that is owned by the same person who owns the business.

Ê A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the [State] Board [of Health] for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the [State] Board [of Health] shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the enforcement of this section and the protection of the health, safety, well-being and property of residents of residential facilities for groups.

     5.  This section does not apply to a medical facility that is licensed pursuant to NRS 449.001 to 449.240, inclusive, and section 1 of this act on October 1, 1999.

     Sec. 4.  NRS 654.190 is hereby amended to read as follows:

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

 


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

ê2011 Statutes of Nevada, Page 706 (Chapter 150, AB 535)ê

 

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

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

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

     (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, or section 1 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

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

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

     2.  The Board shall give a licensee against whom proceedings are brought pursuant to this section written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

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

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

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

     Sec. 5.  This act becomes effective on July 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 707ê

 

CHAPTER 151, AB 544

Assembly Bill No. 544–Committee on Government Affairs

 

CHAPTER 151

 

[Approved: May 29, 2011]

 

AN ACT relating to group homes; requiring, under certain circumstances, that local governments adopt names for group homes and similar facilities which are the same as the names used in state law; clarifying that the names so adopted are solely for purposes of reference and are not definitions for regulatory purposes; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing state law defines the terms “child care institution,” “facility for transitional living for released offenders,” “group foster home,” “halfway house for recovering alcohol and drug abusers,” “home for individual residential care” and “residential facility for groups.” (NRS 424.015, 432A.0245, 449.0055, 449.008, 449.0105, 449.017) Existing county and city ordinances do not necessarily use the same terms or define them in the same way.

       This bill requires that each county and city adopt an ordinance using the preceding terms to describe the applicable facilities, homes, houses and institutions. However, a county or city is not required to include a specified term in the ordinance if no facility of the type corresponding to the term exists in the county or city, or if the county’s or city’s ordinances do not otherwise, by whatever name, refer to a facility of the type corresponding to the term.

 

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

     1.  Except as otherwise provided in subsections 2 and 3, each board of county commissioners shall adopt an ordinance using the following terms to describe the following types of facilities, homes, houses and institutions:

     (a) Child care institution, as that term is used in NRS 432A.0245.

     (b) Facility for transitional living for released offenders, as that term is used in NRS 449.0055.

     (c) Group foster home, as that term is used in NRS 424.015.

     (d) Halfway house for recovering alcohol and drug abusers, as that term is used in NRS 449.008.

     (e) Home for individual residential care, as that term is used in NRS 449.0105.

     (f) Residential facility for groups, as that term is used in NRS 449.017.

     2.  Subsection 1 requires the board of county commissioners to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the board to adopt the State’s definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.

     3.  A board of county commissioners is not required to include a term set forth in subsection 1 in the ordinance if:

 


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

ê2011 Statutes of Nevada, Page 708 (Chapter 151, AB 544)ê

 

     (a) A facility, home, house or institution of the type corresponding to the term does not exist in the county; or

     (b) The county’s ordinances do not otherwise, by whatever name, refer to a facility, home, house or institution of the type corresponding to the term.

     Sec. 2.  Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  Except as otherwise provided in subsections 2 and 3, the governing body of each city shall adopt an ordinance using the following terms to describe the following types of facilities, homes, houses and institutions:

     (a) Child care institution, as that term is used in NRS 432A.0245.

     (b) Facility for transitional living for released offenders, as that term is used in NRS 449.0055.

     (c) Group foster home, as that term is used in NRS 424.015.

     (d) Halfway house for recovering alcohol and drug abusers, as that term is used in NRS 449.008.

     (e) Home for individual residential care, as that term is used in NRS 449.0105.

     (f) Residential facility for groups, as that term is used in NRS 449.017.

     2.  Subsection 1 requires the governing body of the city to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the governing body to use the State’s definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.

     3.  The governing body of a city is not required to include a term set forth in subsection 1 in the ordinance if:

     (a) A facility, home, house or institution of the type corresponding to the term does not exist in the city; or

     (b) The city’s ordinances do not otherwise, by whatever name, refer to a facility, home, house or institution of the type corresponding to the term.

     Sec. 3.  This act becomes effective on July 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 709ê

 

CHAPTER 152, SB 6

Senate Bill No. 6–Committee on Judiciary

 

CHAPTER 152

 

[Approved: May 29, 2011]

 

AN ACT relating to courts; authorizing the electronic reproduction of the seal of a court; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides that the seal of a court may be affixed to a court document by either impressing the seal on the document or impressing the seal on a substance attached to the document. (NRS 1.190) This bill authorizes the electronic reproduction of the seal of a court as another method by which the seal may be affixed to a court document, if the seal is reproduced in accordance with certain local court rules and rules adopted by the Supreme Court. This bill also provides that a seal which is electronically reproduced has the same legal effect as a seal that is impressed.

 

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 1.190 is hereby amended to read as follows:

     1.190  1.  The seal of a court may be affixed by [impressing it] :

     (a) Impressing the seal on [the paper] a document or on a substance attached to [the paper] a document and capable of receiving the impression [.] ; or

     (b) Electronically reproducing the seal on a document in accordance with the provisions of subsection 2.

     2.  Each court that uses an electronically reproduced seal shall reproduce the seal of the court in accordance with:

     (a) Any electronic filing rules adopted by the Supreme Court that govern the electronic filing process in all the courts of this State;

     (b) Any rules adopted by the Supreme Court which are intended to help safeguard a document from being changed after the electronic seal is affixed and to reduce the likelihood of the electronic seal being reproduced without authorization; and

     (c) Any local rules of practice adopted by the court which establish the specific procedure to implement the electronic reproduction of the seal and which are consistent with any electronic filing rules adopted by the Supreme Court and any rules adopted by the Supreme Court pursuant to paragraph (b).

     3.  A seal that is electronically reproduced pursuant to subsection 1 has the same legal effect as a seal that is impressed pursuant to subsection 1.

 


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

ê2011 Statutes of Nevada, Page 710 (Chapter 152, SB 6)ê

 

     Sec. 2.  NRS 10.175 is hereby amended to read as follows:

     10.175  A seal of a [court or] public office, when required to any writ or process or proceeding, or to authenticate a copy of any record or document, may be impressed with wax, wafer, or any other substance, and then attached to the writ, process or proceeding, or to the copy of the record or document, or it may be impressed on the paper alone.

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

________

CHAPTER 153, SB 12

Senate Bill No. 12–Committee on Natural Resources

 

CHAPTER 153

 

[Approved: May 29, 2011]

 

AN ACT relating to air pollution; repealing certain reporting requirements for the emission of greenhouse gases; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires certain facilities that generate electricity to report greenhouse gas emissions to the State Environmental Commission for inclusion in a registry of greenhouse gas emissions. (NRS 445B.370) In 2009, the United States Environmental Protection Agency adopted regulations that contain similar reporting requirements. (40 C.F.R. §§ 98.1 et seq.) This bill repeals NRS 445B.370 to eliminate the duplicate reporting requirements for facilities that are required to report greenhouse gas emissions under the federal regulations adopted by the Environmental Protection Agency.

 

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 445B.370 is hereby repealed.

     Sec. 2.  Any regulations adopted by the State Environmental Commission pursuant to NRS 445B.370 are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the effective date of this act.

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

________

 


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ê2011 Statutes of Nevada, Page 711ê

 

CHAPTER 154, SB 13

Senate Bill No. 13–Committee on Revenue

 

CHAPTER 154

 

[Approved: May 29, 2011]

 

AN ACT relating to fuel taxes; authorizing the Department of Motor Vehicles to use electronic mail to serve notice of the determination of the deficient payment of certain taxes owed; repealing certain provisions that allow the Department to grant an extension of time to file certain reports and returns; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires that the Department of Motor Vehicles, in person or by mail, serve a notice of a determination of deficient payment upon a person who owes money for taxes on certain fuels. (NRS 360A.140, 360A.150) Sections 1 and 2 of this bill authorize the Department to serve such a notice by the alternative means of sending electronic mail to the electronic mail address provided to the Department by the person receiving the notice.

       Existing law authorizes the Department to grant an extension of time to a person for the filing of certain returns and reports regarding certain fuels. (NRS 365.135) Such an extension is not authorized in chapter 366 of NRS with respect to reports regarding special fuels. Section 5 of this bill repeals that authorization, thus creating consistency with chapter 366 of NRS.

 

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 360A.140 is hereby amended to read as follows:

     360A.140  1.  The Department shall give a person against whom a determination has been made written notice of its determination.

     2.  The notice may be served personally [or by mail. If] , mailed or, pursuant to subsection 4, sent by electronic mail.

     3.  If served by mail, the notice must be addressed to the person at his or her address as it appears in the records of the Department [.

     3.  If the notice is served by mail,] and service is complete at the time the notice is deposited with the United States Postal Service.

     4.  The provision by a person to the Department of an electronic mail address shall be deemed an agreement for the purposes of NRS 719.220 to receive notice pursuant to this section by electronic mail. If served by electronic mail, the notice must be sent to the person at his or her electronic mail address as it appears in the records of the Department and service is complete at the time the electronic mail is sent.

     5.  Service of notice tolls any limitation for the determination of a further deficiency.

     Sec. 2.  NRS 360A.150 is hereby amended to read as follows:

     360A.150  1.  Except as otherwise provided in subsections 2, 3 and [4,] 5, each notice of a deficiency determination issued by the Department must be personally served , [or] mailed or, pursuant to subsection 4, sent by electronic mail within 4 years after the last day of the month following the period for which the amount is proposed to be determined or within 4 years after the return is filed, whichever period expires later.

 


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ê2011 Statutes of Nevada, Page 712 (Chapter 154, SB 13)ê

 

     2.  In the case of a failure to make a return or a claim for an additional amount, each notice of determination must be mailed , [or] personally served or, pursuant to subsection 4, sent by electronic mail within 8 years after the last day of the month following the period for which the amount is proposed to be determined.

     3.  If, before the expiration of the time prescribed in this section for the [mailing] service of a notice of determination, the taxpayer has signed a waiver consenting to the [mailing] service of the notice after that time, the notice may be [mailed] mailed, personally served or, pursuant to subsection 4, sent by electronic mail at any time before the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing if each agreement is made before the expiration of the period previously agreed upon.

     4.  The provision by a person to the Department of an electronic mail address shall be deemed an agreement for the purposes of NRS 719.220 to receive notice pursuant to this section by electronic mail. If served by electronic mail, the notice must be sent to the person at his or her electronic mail address as it appears in the records of the Department and service is complete at the time the electronic mail is sent.

     5.  This section does not apply to cases of fraud or the intentional evasion of a provision of chapter 365, 366 or 373 of NRS or NRS 590.120 or 590.840, or any regulation of the Department adopted pursuant thereto.

     Sec. 3.  NRS 365.170 is hereby amended to read as follows:

     365.170  [Except as otherwise provided in NRS 365.135, every] Every dealer shall:

     1.  Not later than the last day of each calendar month, submit to the Department a statement of all aviation fuel and fuel for jet or turbine-powered aircraft sold, distributed or used by the dealer in this State, as well as all such fuel sold, distributed or used in this State by a purchaser thereof upon which sale, distribution or use the dealer has assumed liability for the tax thereon pursuant to NRS 365.020, during the preceding calendar month; and

     2.  In accordance with the provisions of NRS 365.330, pay an excise tax on:

     (a) All fuel for jet or turbine-powered aircraft in the amount of 1 cent per gallon, plus any applicable amount imposed pursuant to NRS 365.203; and

     (b) Aviation fuel in the amount of 2 cents per gallon, plus any applicable amount imposed pursuant to NRS 365.203,

Ê so sold, distributed or used.

     Sec. 4.  NRS 365.175 is hereby amended to read as follows:

     365.175  [Except as otherwise provided in NRS 365.135, every] Every supplier shall:

     1.  Not later than the last day of each calendar month, submit to the Department a statement of all motor vehicle fuel, except aviation fuel, sold, distributed or used by the supplier in this State during the preceding calendar month; and

     2.  In accordance with the provisions of NRS 365.330, pay an excise tax on all motor vehicle fuel, except aviation fuel, in the amount of 17.65 cents per gallon so sold, distributed or used.

     Sec. 5.  NRS 365.135 is hereby repealed.

     Sec. 6.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 713ê

 

CHAPTER 155, SB 15

Senate Bill No. 15–Committee on Transportation

 

CHAPTER 155

 

[Approved: May 29, 2011]

 

AN ACT relating to the Department of Motor Vehicles; requiring the Department to cancel the driver’s license of a person convicted of driving under the influence of intoxicating liquor or a controlled substance under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, in addition to any other penalty provided by law, a person convicted of driving under the influence of intoxicating liquor or a controlled substance is liable to the State for a civil penalty of $35, payable to the Department of Motor Vehicles. The Department is prohibited from issuing any license to drive a motor vehicle to a person convicted of such a violation until the civil penalty is paid. (NRS 484C.500) This bill requires the Department to cancel the license of a person whose license to drive a motor vehicle has already been reinstated, if the Department receives notice after reinstating the license that the person has been convicted of driving under the influence of intoxicating liquor or a controlled substance, unless the civil penalty is paid within 30 days after the Department provides notice to the person that the license will be cancelled unless the civil penalty is paid.

 

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 484C.500 is hereby amended to read as follows:

     484C.500  1.  In addition to any other penalty provided by law, a person convicted of a violation of NRS 484C.110 or 484C.120 is liable to the State for a civil penalty of $35, payable to the Department.

     2.  The Department shall not issue any license to drive a motor vehicle to a person convicted of a violation of NRS 484C.110 or 484C.120 until the civil penalty is paid.

     3.  If the Department receives notice that a person whose license to drive a motor vehicle has already been reinstated has been subsequently convicted of a violation of NRS 484C.110 or 484C.120, the Department shall cancel the license unless the civil penalty is paid within 30 days after the date on which the Department provides notice to the person that the license will be cancelled unless the civil penalty is paid.

     4.  Any money received by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Fund for the Compensation of Victims of Crime.

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

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ê2011 Statutes of Nevada, Page 714ê

 

CHAPTER 156, AB 213

Assembly Bill No. 213–Committee on Judiciary

 

CHAPTER 156

 

[Approved: May 30, 2011]

 

AN ACT relating to gaming; authorizing the Nevada Gaming Commission to adopt regulations relating to the issuance of a preliminary finding of suitability; revising provisions relating to investigations and the initiation of complaints by the State Gaming Control Board; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes the Nevada Gaming Commission to require a finding of suitability of a person under certain circumstances. (NRS 463.162) Section 1 of this bill authorizes the Commission to adopt regulations relating to the issuance of a preliminary finding of suitability.

       Existing law requires the State Gaming Control Board to make investigations and to initiate a hearing by filing a complaint with the Commission if the Board is satisfied that a license, registration, finding of suitability, pari-mutuel license or prior approval by the Commission of any transaction for which approval was required or permitted should be limited, conditioned, suspended or revoked. (NRS 463.310) Section 2 of this bill clarifies that the Board may, after an investigation, initiate a hearing by filing a complaint with the Commission if the Board is satisfied that a person or entity which is licensed, registered, found suitable or found preliminarily suitable or which previously obtained approval for which Commission approval was required or permitted should be fined.

 

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 463 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Commission may, with the advice and assistance of the Board, adopt regulations governing the issuance of a preliminary finding of suitability to a person.

     2.  The regulations adopted by the Commission pursuant to this section must:

     (a) Provide that a person must demonstrate to the satisfaction of the Commission that the person has the suitability to become involved as a licensee but has not otherwise entered into a position or transaction which would require licensing pursuant to this chapter.

     (b) Provide that a preliminary finding of suitability expires not more than 2 years after issuance by the Commission but may be renewed for additional periods of not more than 2 years as the Commission deems appropriate.

     (c) Set forth standards for a person to be issued a preliminary finding of suitability that are as stringent as the standards for a person to be issued a nonrestricted license.

     (d) Establish the fees for a person to apply for, to be investigated for and to hold a preliminary finding of suitability.

     (e) Provide that no person may be issued a preliminary finding of suitability unless the person agrees that, for the duration of the period in which the person holds the preliminary finding of suitability, the person will not seek or in any way engage in a corporate acquisition opposed by management.

 


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ê2011 Statutes of Nevada, Page 715 (Chapter 156, AB 213)ê

 

which the person holds the preliminary finding of suitability, the person will not seek or in any way engage in a corporate acquisition opposed by management.

     (f) Define “preliminary finding of suitability” as the term is used in this section.

     3.  As used in this section:

     (a) “Acquire control” or “acquiring control” means any act or conduct by a person whereby the person obtains control, whether accomplished through the ownership of equity or voting securities, ownership of rights to acquire equity or voting securities, by management or consulting agreements or other contract, by proxy or power of attorney, by statutory mergers, by consummation of a tender offer, by acquisition of assets, or otherwise.

     (b) “Control” means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person.

     (c) “Corporate acquisition opposed by management” means an attempt to acquire control of a publicly traded corporation that is an affiliated company by means of a tender offer that is opposed by the board of directors of the affiliated company.

     (d) “Tender offer” means a public offer by a person other than the issuer to purchase voting securities of a publicly traded corporation that is an affiliated company, made directly to security holders for the purpose of acquiring control of the affiliated company.

     (e) “Voting security” means a security the holder of which is entitled to vote for the election of a member or members of the board of directors or board of trustees of a corporation or a comparable person or persons in the case of a partnership, trust, or other form of business organization other than a corporation.

     Sec. 2.  NRS 463.310 is hereby amended to read as follows:

     463.310  1.  The Board shall make appropriate investigations:

     (a) To determine whether there has been any violation of this chapter or chapter 462, 464, 465 or 466 of NRS or any regulations adopted thereunder.

     (b) To determine any facts, conditions, practices or matters which it may deem necessary or proper to aid in the enforcement of any such law or regulation.

     (c) To aid in adopting regulations.

     (d) To secure information as a basis for recommending legislation relating to this chapter or chapter 462, 464, 465 or 466 of NRS.

     (e) As directed by the Commission.

     2.  If, after any investigation the Board is satisfied that [a] :

     (a) A license, registration, finding of suitability, preliminary finding of suitability, pari-mutuel license or prior approval by the Commission of any transaction for which the approval was required or permitted under the provisions of this chapter or chapter 462, 464 or 466 of NRS should be limited, conditioned, suspended or revoked [, it] ; or

     (b) A person or entity which is licensed, registered, found suitable or found preliminarily suitable pursuant to this chapter or chapter 464 of NRS or which previously obtained approval for any act or transaction for which Commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be fined,

Ê the Board shall initiate a hearing before the Commission by filing a complaint with the Commission in accordance with NRS 463.312 and transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the Board.

 


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ê2011 Statutes of Nevada, Page 716 (Chapter 156, AB 213)ê

 

transmit therewith a summary of evidence in its possession bearing on the matter and the transcript of testimony at any investigative hearing conducted by or on behalf of the Board.

     3.  Upon receipt of the complaint of the Board, the Commission shall review [it] the complaint and all matter presented in support thereof, and shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive.

     4.  After the provisions of subsections 1, 2 and 3 have been complied with, the Commission may:

     (a) Limit, condition, suspend or revoke the license of any licensed gaming establishment or the individual license of any licensee without affecting the license of the establishment;

     (b) Limit, condition, suspend or revoke any registration, finding of suitability, pari-mutuel license, or prior approval given or granted to any applicant by the Commission;

     (c) Order a licensed gaming establishment to keep an individual licensee from the premises of the licensed gaming establishment or not to pay the licensee any remuneration for services or any profits, income or accruals on the investment of the licensee in the licensed gaming establishment; and

     (d) Fine each person or entity , or both, [who was] which is licensed, registered or found suitable pursuant to this chapter or chapter 464 of NRS or [who] which previously obtained approval for any act or transaction for which Commission approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:

           (1) Not less than $25,000 [nor] and not more than $250,000 for each separate violation of any regulation adopted pursuant to NRS 463.125 which is the subject of an initial or subsequent complaint; or

           (2) Except as otherwise provided in subparagraph (1) , [of this paragraph,] not more than $100,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the Commission which is the subject of an initial complaint and not more than $250,000 for each separate violation of the provisions of this chapter or chapter 464 or 465 of NRS or of the regulations of the Commission which is the subject of any subsequent complaint.

Ê All fines must be paid to the State Treasurer for deposit in the State General Fund.

     5.  For the second violation of any provision of chapter 465 of NRS by any licensed gaming establishment or individual licensee, the Commission shall revoke the license of the establishment or person.

     6.  If the Commission limits, conditions, suspends or revokes any license or imposes a fine, or limits, conditions, suspends or revokes any registration, finding of suitability, pari-mutuel license or prior approval, it shall issue its written order therefor after causing to be prepared and filed its written decision upon which the order is based.

     7.  Any such limitation, condition, revocation, suspension or fine so made is effective until reversed upon judicial review, except that the Commission may stay its order pending a rehearing or judicial review upon such terms and conditions as it deems proper.

     8.  Judicial review of any such order or decision of the Commission may be had in accordance with NRS 463.315 to 463.318, inclusive.

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ê2011 Statutes of Nevada, Page 717ê

 

CHAPTER 157, SB 21

Senate Bill No. 21–Committee on Commerce, Labor and Energy

 

CHAPTER 157

 

[Approved: May 30, 2011]

 

AN ACT relating to industrial insurance; revising certain provisions concerning catastrophic injuries; specifying additional injuries that constitute a catastrophic injury; revising the qualifications of a certified vocational rehabilitation counselor; revising provisions governing claims for catastrophic injuries; revising the requirements of a life care plan developed by an insurer for an injured employee; revising the qualifications of an adjuster who administers a claim for a catastrophic injury; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1.1 of this bill expands the definition of “catastrophic injury” for the purposes of industrial insurance to include an injury sustained from an accident and resulting in: (1) a coma or vegetative state; (2) the loss or significant impairment of function of one or more vital internal organs or organ systems; (3) the mangling, crushing or amputation of a major portion of an extremity; (4) an injury which the insurer and the injured employee agree should be administered as a catastrophic injury; or (5) an injury determined by the insurer to be a catastrophic injury.

       Section 1.2 of this bill revises the qualifications for certification as a certified vocational rehabilitation counselor. Section 1.7 of this bill revises the qualifications for an adjuster who administers a claim for a catastrophic injury.

       Section 1.4 of this bill provides that an injured employee may submit a request to an insurer for a determination that an injury should be administered as a claim for a catastrophic injury. Section 1.4 further provides that an insurer must issue a written determination concerning such a request within 30 days after receipt of the request. Section 1.5 of this bill provides that an injury which is not originally determined to be a catastrophic injury may at any time be classified as a catastrophic injury if a change in the nature of the injury brings it within the definition of “catastrophic injury.”

       Under existing law, an insurer is required to develop a life care plan for an injured employee who suffers a catastrophic injury within 90 days after the insurer accepts the injured employee’s claim. (NRS 616C.700) Section 1.6 of this bill requires the insurer to develop a life care plan within 120 days after the treating physician determines that the injured employee’s injury has stabilized and that the injured employee requires a life care plan. Section 1.6 also sets forth specific requirements for the development and implementation of the life care plan.

 

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.  (Deleted by amendment.)

     Sec. 1.1.  NRS 616A.077 is hereby amended to read as follows:

     616A.077  “Catastrophic injury” means an injury sustained from an accident and resulting in:

     1.  The total loss of sight in one or both eyes;

     2.  The total loss of hearing in one or both ears;

     3.  The loss by separation of any arm or leg;

 


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ê2011 Statutes of Nevada, Page 718 (Chapter 157, SB 21)ê

 

     4.  An injury to the head or spine which results in paralysis of the legs, the arms or both the legs and arms;

     5.  An injury to the head which results in severe cognitive impairment, as determined by a nationally recognized method of objective psychological testing;

     6.  An injury consisting of second or third degree burns on 50 percent or more of:

     (a) The body;

     (b) Both hands; or

     (c) The face;

     7.  The total loss of or significant and permanent impairment of speech; [or]

     8.  A coma or vegetative state;

     9.  The loss or significant impairment of function of one or more vital internal organs or organ systems;

     10.  The mangling, crushing or amputation of a major portion of an extremity;

     11.  An injury which the insurer and the injured employee agree should be administered as a claim for a catastrophic injury;

     12.  An injury determined to be a catastrophic injury pursuant to section 1.4 of this act; or

     13.  Any other category of injury deemed to be catastrophic as determined by the Administrator.

     Sec. 1.2.  NRS 616A.080 is hereby amended to read as follows:

     616A.080  “Certified vocational rehabilitation counselor” means a person who:

     1.  Has a master’s degree in rehabilitation counseling; [or]

     2.  Has been certified as a rehabilitation counselor [or an insurance rehabilitation specialist] by the Commission on Rehabilitation Counselor Certification [, which is a division of the Board for Rehabilitation Certification.] ; or

     3.  Has been certified as an insurance rehabilitation specialist by the Certification of Disability Management Specialists Commission.

     Sec. 1.3.  Chapter 616C of NRS is hereby amended by adding thereto the provisions set forth as sections 1.4 and 1.5 of this act.

     Sec. 1.4.  1.  An injured employee may submit to an insurer a written request for a determination that his or her injury should be administered as a claim for a catastrophic injury.

     2.  If an employee submits a written request to an insurer pursuant to subsection 1, the insurer shall issue a written determination concerning the request not later than 30 days after receipt of the request.

     Sec. 1.5.  An insurer that did not originally accept a claim as a claim for a catastrophic injury shall designate the claim as a claim for a catastrophic injury if at any time after the claim is accepted the injury satisfies the requirements for a catastrophic injury.

     Sec. 1.6.  NRS 616C.700 is hereby amended to read as follows:

     616C.700  1.  Notwithstanding any other provision of this chapter, if an insurer accepts a claim for a catastrophic injury, the insurer shall:

     (a) As soon as reasonably practicable after the date of acceptance of the claim, assign the claim to a qualified adjuster, nurse and vocational rehabilitation counselor; [and]

 


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ê2011 Statutes of Nevada, Page 719 (Chapter 157, SB 21)ê

 

     (b) Within [90] 120 days after the date [of acceptance of the claim,] on which the treating physician determines that the condition of the injured employee has stabilized and that the injured employee requires a life care plan, develop a life care plan in consultation with the adjuster, nurse and vocational rehabilitation counselor assigned to the claim pursuant to paragraph [(a).] (a); and

     (c) Pay benefits and provide the proper medical services to the injured employee during the entire period of the development and implementation of the life care plan.

     2.  A life care plan which is developed pursuant to subsection 1 must ensure the prompt, efficient and proper provision of medical services to the injured employee.

     3.  [The Administrator shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations prescribing:

     (a) The form and content of a life care plan; and

     (b) The frequency and method of communication by which the insurer shall contact the injured employee or the family members or representative of the injured employee.] In developing a life care plan for an injured employee, the insurer, in consultation with the adjuster, nurse and vocational rehabilitation counselor assigned to the claim pursuant to paragraph (a) of subsection 1, shall assess the following:

     (a) The number of home or hospital visits determined to be necessary or appropriate by the registered nurse and vocational rehabilitation counselor;

     (b) The life expectancy of the injured employee;

     (c) The medical needs of the injured employee, including, without limitation:

           (1) Surgery;

           (2) Prescription medication;

           (3) Physical therapy; and

           (4) Maintenance therapy;

     (d) The effect, if any, of any preexisting medical condition; and

     (e) The potential of the injured employee for rehabilitation, taking into account:

           (1) The injured employee’s medical condition, age, educational level, work experience and motivation; and

           (2) Any other relevant factors.

     4.  A life care plan developed pursuant to paragraph (b) of subsection 1 must include, without limitation, a schedule for the adjuster, nurse and vocational rehabilitation counselor assigned to the claim pursuant to paragraph (a) of subsection 1 to meet or communicate with the injured employee, if practicable, and the treating physician to determine the need for, without limitation:

     (a) Special medical attention or treatment;

     (b) Psychological counseling or testing; and

     (c) Any medical device, including, without limitation:

           (1) A wheelchair;

           (2) A prosthesis; and

           (3) A specially equipped or designed motor vehicle.

 


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ê2011 Statutes of Nevada, Page 720 (Chapter 157, SB 21)ê

 

     5.  A life care plan developed pursuant to paragraph (b) of subsection 1 must include a plan of action for treatment or vocational rehabilitation of the injured employee or consideration of the possible permanent total disability of the injured employee.

     6.  In addition to any claim determination affecting the rights of an injured employee under his or her claim, or responses to requests on behalf of the injured employee for specific action or information on the claim or any other contact that may occur, an insurer shall:

     (a) Schedule a personal meeting concerning the status of the claim to take place at least once per calendar month between the adjuster assigned to the claim pursuant to paragraph (a) of subsection 1 and the injured employee or a family member or designated representative of the injured employee; or

     (b) If a personal meeting described in paragraph (a) is not practicable, provide a written report concerning the status of the claim and soliciting requests and information at least once per calendar month to the injured employee or a family member or designated representative of the injured employee. The report must be mailed to the injured employee or a family member or designated representative of the injured employee by first-class mail.

     7.  Except as otherwise provided in this subsection, a life care plan developed pursuant to paragraph (b) of subsection 1 must be based on the condition of the injured employee at the time the life care plan is established. If there is a substantial or significant change in the condition or prognosis of the injured employee, the insurer shall amend the life care plan to reflect the change in the condition or prognosis of the injured employee.

     Sec. 1.7.  NRS 616C.720 is hereby amended to read as follows:

     616C.720  [1.]  An adjuster who administers a claim for a catastrophic injury must [be competent and qualified to administer such a claim.

     2.  The Administrator shall adopt regulations establishing qualifications for an adjuster to administer a claim for a catastrophic injury.] :

     1.  Have at least 4 years of experience in adjusting workers’ compensation claims for lost time; or

     2.  Have at least 2 years of experience in adjusting workers’ compensation claims for lost time and work under the direct supervision of an adjuster who has at least 4 years of experience in adjusting such claims.

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

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ê2011 Statutes of Nevada, Page 721ê

 

CHAPTER 158, SB 25

Senate Bill No. 25–Committee on Judiciary

 

CHAPTER 158

 

[Approved: May 30, 2011]

 

AN ACT relating to courts; revising the method used to determine the number of justices of the peace in a township in certain counties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, there must be at least one elected justice of the peace in each justice court in a township of this State. In a county whose population is 400,000 or more (currently Clark County), one justice of the peace is required for each 100,000 population of the township, or fraction thereof. (NRS 4.020) This bill revises that requirement in such a county by providing that: (1) in a township whose population is less than 1,100,000, one justice of the peace is required for each 100,000 population of the township, or fraction thereof, until the township has four justices of the peace, and thereafter, one justice of the peace is required for each 125,000 population of the township, or fraction thereof, over a population of 300,000; and (2) in a township whose population is 1,100,000 or more, one justice of the peace is required for each 100,000 population of the township, or fraction thereof, up to a population of 1,100,000, and thereafter, one justice of the peace is required for each 125,000 population of the township, or fraction thereof, over a population of 1,100,000.

 

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 4.020 is hereby amended to read as follows:

     4.020  1.  There must be one justice court in each of the townships of the State, for which there must be elected by the qualified electors of the township at least one justice of the peace. Except as otherwise provided in subsection 3, the number of justices of the peace in a township must be increased according to the population of the township, as certified by the Governor in even-numbered years pursuant to NRS 360.285, in accordance with and not to exceed the following schedule:

     (a) In a county whose population is 400,000 or more [,] :

          (I) In a township whose population is less than 1,100,000, one justice of the peace for each 100,000 population of the township, or fraction thereof, until the township has four justices of the peace, and thereafter, one justice of the peace for each 125,000 population of the township, or fraction thereof, over a population of 300,000; and

           (II) In a township whose population is 1,100,000 or more, one justice of the peace for each 100,000 population of the township, or fraction thereof [.] , up to a population of 1,100,000, and thereafter, one justice of the peace for each 125,000 population of the township, or fraction thereof, over a population of 1,100,000.

     (b) In a county whose population is 100,000 or more and less than 400,000, one justice of the peace for each 50,000 population of the township, or fraction thereof.

     (c) In a county whose population is less than 100,000, one justice of the peace for each 34,000 population of the township, or fraction thereof.

 


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ê2011 Statutes of Nevada, Page 722 (Chapter 158, SB 25)ê

 

     (d) If a township includes a city created by the consolidation of a city and county into one municipal government, one justice of the peace for each 30,000 population of the township, or fraction thereof.

     2.  Except as otherwise provided in subsection 3, if the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township, the new justice or justices of the peace must be elected at the next ensuing biennial election.

     3.  If the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township and, in the opinion of a majority of the justices of the peace in that township, the caseload does not warrant an additional justice of the peace, the justices of the peace shall notify the Director of the Legislative Counsel Bureau and the board of county commissioners of their opinion on or before March 15 of the even-numbered year in which the population of the township provides for such an increase. The Director of the Legislative Counsel Bureau shall submit the opinion to the next regular session of the Legislature for its consideration. If the justices of the peace transmit such a notice to the Director of the Legislative Counsel Bureau and the board of county commissioners, the number of justices must not be increased during that period unless the Legislature, by resolution, expressly approves the increase.

     4.  Justices of the peace shall receive certificates of election from the boards of county commissioners of their respective counties.

     5.  The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the Secretary of State the election or appointment and qualification of the justice of the peace. The certificate must be filed in the Office of the Secretary of State as evidence of the official character of that officer.

     Sec. 2.  The amendatory provisions of this act must not be construed to eliminate any judicial departments that were in existence on January 3, 2011.

     Sec. 3.  This act becomes effective on January 1, 2012.

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