Link to Page 2380

 

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

ê2011 Statutes of Nevada, Page 2381ê

 

CHAPTER 382, AB 195

Assembly Bill No. 195–Committee on Judiciary

 

CHAPTER 382

 

[Approved: June 15, 2011]

 

AN ACT relating to court records; revising requirements for saving images of court records before the records may be destroyed; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Clerk of the Supreme Court, a county clerk, a deputy clerk of a justice court or a clerk of a municipal court may destroy documents, records, instruments, books, papers, depositions and transcripts of court actions and proceedings if the action or proceeding is not on appeal or review in any court. (NRS 239.110) The clerk is required to maintain a microphotographic film copy of every such record destroyed, and the copies are deemed to be the original documents.

       Section 1 of this bill instead requires that, before a court record is destroyed by the Clerk of the Supreme Court, a deputy clerk of the Supreme Court, a county clerk, the clerk of a district court or a deputy clerk of a district court, the clerk must place an image of the record on microfilm or save the image in an electronic recordkeeping system. However, a deputy clerk of a justice court or a clerk of a municipal court may destroy a court record pursuant to a schedule for the retention and disposition of court records established by the Supreme Court without placing an image of the record on microfilm or saving the image in an electronic recordkeeping system. Section 1 also: (1) requires the microfilm or saved image to be durable, accurate, complete and clear; (2) clarifies that a reproduction of a court record is considered to be the original, regardless of whether the actual original document exists; and (3) requires the clerk who microfilms or saves the court records to store the microfilm or the medium used to save the image in a manner and place so as to protect it reasonably from loss or damage and as prescribed by the Supreme Court.

 

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 239.110 is hereby amended to read as follows:

     239.110  1.  [The] In addition to any other requirement of this section, the Clerk of the Supreme Court, a deputy clerk of the Supreme Court, a county clerk, the clerk of a district court, a deputy clerk of a district court, a deputy clerk of a justice court or a clerk of a municipal court may destroy [all documents, records, instruments, books, papers, depositions and transcripts in any action or proceeding in the Supreme Court, district court, justice court or municipal court, respectively, or otherwise filed in the clerk’s office pursuant to law, including transcripts of coroners’ inquests and depositions, if the records of the clerk do not show that the action or proceeding is pending on appeal or review in any court, except that:

     (a) If the written consent of the district attorney is first obtained, transcripts of preliminary hearings may be destroyed as provided in this section; and

     (b) Minutes of the Supreme Court, district court, justice court or municipal court, affidavits supporting applications for marriage licenses, after those licenses have been issued, and certificates of fictitious names of businesses may be destroyed immediately subject to the provisions of subsections 2 and 3.

 


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

ê2011 Statutes of Nevada, Page 2382 (Chapter 382, AB 195)ê

 

after those licenses have been issued, and certificates of fictitious names of businesses may be destroyed immediately subject to the provisions of subsections 2 and 3.

     2.  The clerk shall maintain for the use of the public a microphotographic film print or copy of each document, record, instrument, book, paper, deposition or transcript so destroyed, if the print or copy is placed and kept in a sealed container under certificate of the clerk and properly indexed. This print or copy shall be deemed to be the original.

     3.  The clerk shall promptly seal and store at least one original negative of each microphotographic film in such manner and place as may reasonably ensure its preservation indefinitely against loss, theft, defacement or destruction.

     4.] a court record only in accordance with a schedule for the retention and disposition of court records which is approved by the Supreme Court.

     2.  The Clerk of the Supreme Court, a deputy clerk of the Supreme Court, a county clerk, the clerk of a district court or a deputy clerk of a district court who destroys a court record pursuant to this section may do so only if an image of the court record has been placed on microfilm or has been saved in an electronic recordkeeping system which permits the retrieval of the information contained in the court record and the reproduction of the court record.

     3.  Except as otherwise prohibited by law, a deputy clerk of a justice court or a clerk of a municipal court may destroy a court record pursuant to a schedule for the retention and disposition of court records established by the Supreme Court without placing an image of the court record on microfilm or saving an image of the court record in an electronic recordkeeping system.

     4.  A reproduction of an image of a court record that has been placed on microfilm or saved pursuant to this section shall be deemed to be the original court record, regardless of whether the original exists.

     5.  A microfilmed image of a court record or an image of a court record saved in an electronic recordkeeping system pursuant to this section must be durable, accurate, complete and clear.

     6.  If, pursuant to this section, an image of a court record is placed on microfilm or is saved in an electronic recordkeeping system, the clerk who does so shall promptly store at least one copy of the microfilm or any tape, disc or other medium used for the storage of the saved image in a manner and place:

     (a) So as to protect it reasonably from loss or damage; and

     (b) As prescribed by the Supreme Court.

     7.  The Supreme Court may provide by rule for the destruction, without prior microfilming, of such other documents of the several courts of this State as are held in the offices of the clerks but which:

     (a) No longer serve any legal, financial or administrative purpose; and

     (b) Do not have any historical value.

     [5.] 8.  The Court Administrator may request the Division to advise and assist the Supreme Court in its establishment of the rules [.] or of a schedule for the retention and disposition of court records.

     9.  As used in this section, “court record” means any document, device or item, regardless of physical form or characteristic, that:

 


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

ê2011 Statutes of Nevada, Page 2383 (Chapter 382, AB 195)ê

 

     (a) Is created by, received by or comes under the jurisdiction of the Supreme Court or a district court, justice court or municipal court; and

     (b) Documents the organization, functions, policies, decisions, procedures, operations or any other activities of the Supreme Court, district court, justice court or municipal court.

     Secs. 2-4.  (Deleted by amendment.)

     Sec. 5.  This act becomes effective on July 1, 2011.

________

CHAPTER 383, AB 59

Assembly Bill No. 59–Committee on Government Affairs

 

CHAPTER 383

 

[Approved: June 15, 2011]

 

AN ACT relating to the Open Meeting Law; requiring a public body to take certain actions if the Attorney General finds that the public body has violated the Open Meeting Law; authorizing the Attorney General to issue subpoenas during investigations of such violations; providing that meetings of a public body that are quasi-judicial in nature are subject to the Open Meeting Law; requiring a public body to include certain notifications on an agenda for a public meeting; excluding a meeting held to consider an applicant for employment from certain notice requirements; making members of a public body subject to a civil penalty for violations; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes the Open Meeting Law which requires, except in certain limited situations, that all meetings of public bodies be open and public. It further requires that all persons be allowed to attend any meeting of these public bodies. (NRS 241.020) Existing law makes any action of a public body in violation of the Open Meeting Law void, and requires the Attorney General to investigate and prosecute any violation of the Open Meeting Law. (NRS 241.036, 241.040) If the Attorney General finds that a public body has taken an action which violates the Open Meeting Law, section 2 of this bill requires the public body to include an item on the next agenda posted for a meeting of the public body acknowledging the finding of the Attorney General regarding such a violation. Section 2 also provides that such acknowledgment is not an admission of wrongdoing on the part of the public body for the purposes of a civil action, criminal prosecution or injunctive relief. Section 3 of this bill authorizes the Attorney General to issue subpoenas for the production of documents, records or materials in the course of his or her investigation of any violation of the Open Meeting Law and makes failure or refusal to comply with such a subpoena a misdemeanor.

       Section 1.5 of this bill provides that meetings of a public body, other than certain meetings of the State Board of Parole Commissioners, that are quasi-judicial in nature are subject to the provisions of the Open Meeting Law.

       Section 5 of this bill adds certain notifications that must be included on an agenda for a meeting of a public body.

 


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

ê2011 Statutes of Nevada, Page 2384 (Chapter 383, AB 59)ê

 

       Under existing law, if a public body holds a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, it must first provide written notice of that fact and, if such a meeting will be closed, must allow the attendance of certain individuals. Existing law also provides that casual or tangential references to a person or the person’s name during a closed meeting do not constitute consideration of the character, alleged misconduct, professional competence, or physical or mental health of the person. (NRS 241.033) Section 6 of this bill provides that a meeting to consider an applicant for employment does not require prior notice to be given to the applicant.

       Existing law makes each member of a public body who attends a meeting where action is taken in violation of the Open Meeting Law with knowledge of the fact that the meeting is in violation guilty of a misdemeanor. (NRS 241.040) Section 7 of this bill further makes each such member who attends such a meeting subject to a civil penalty in an amount not to exceed $500.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 241 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5, 2 and 3 of this act.

     Sec. 1.5.  1.  Except as otherwise provided in subsection 2, meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

     2.  The provisions of subsection 1 do not apply to meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

     Sec. 2.  1.  If the Attorney General makes findings of fact and conclusions of law that a public body has taken action in violation of any provision of this chapter, the public body must include an item on the next agenda posted for a meeting of the public body which acknowledges the findings of fact and conclusions of law. The opinion of the Attorney General must be treated as supporting material for the item on the agenda for the purposes of NRS 241.020.

     2.  The inclusion of an item on the agenda for a meeting of a public body pursuant to subsection 1 is not an admission of wrongdoing for the purposes of a civil action, criminal prosecution or injunctive relief.

     Sec. 3.  1.  The Attorney General shall investigate and prosecute any violation of this chapter.

     2.  In any investigation conducted pursuant to subsection 1, the Attorney General may issue subpoenas for the production of any relevant documents, records or materials.

     3.  A person who willfully fails or refuses to comply with a subpoena issued pursuant to this section is guilty of a misdemeanor.

     Sec. 4.  NRS 241.015 is hereby amended to read as follows:

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

     1.  “Action” means:

     (a) A decision made by a majority of the members present during a meeting of a public body;

 


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

ê2011 Statutes of Nevada, Page 2385 (Chapter 383, AB 59)ê

 

     (b) A commitment or promise made by a majority of the members present during a meeting of a public body;

     (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of the public body; or

     (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.

     2.  “Meeting”:

     (a) Except as otherwise provided in paragraph (b), means:

           (1) The gathering of members of a public body at which a quorum is present to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

           (2) Any series of gatherings of members of a public body at which:

                (I) Less than a quorum is present at any individual gathering;

                (II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and

                (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.

     (b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present:

           (1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

           (2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.

     3.  Except as otherwise provided in this subsection, “public body” means:

     (a) Any administrative, advisory, executive or legislative body of the State or a local government consisting of at least two persons which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405 [; and] , if the administrative, advisory, executive or legislative body is created by:

           (1) The Constitution of this State;

           (2) Any statute of this State;

           (3) A city charter and any city ordinance which has been filed or recorded as required by the applicable law;

           (4) The Nevada Administrative Code;

           (5) A resolution or other formal designation by such a body created by a statute of this State or an ordinance of a local government;

 


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

ê2011 Statutes of Nevada, Page 2386 (Chapter 383, AB 59)ê

 

           (6) An executive order issued by the Governor; or

           (7) A resolution or an action by the governing body of a political subdivision of this State;

     (b) Any board, commission or committee consisting of at least two persons appointed by:

           (1) The Governor or a public officer who is under the direction of the Governor, if the board, commission or committee has at least two members who are not employees of the Executive Department of the State Government;

           (2) An entity in the Executive Department of the State Government consisting of members appointed by the Governor, if the board, commission or committee otherwise meets the definition of a public body pursuant to this subsection; or

           (3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State Government consisting of members appointed by the Governor, if the board, commission or committee has at least two members who are not employed by the public officer or entity; and

     (c) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201.

Ê “Public body” does not include the Legislature of the State of Nevada.

     4.  “Quorum” means a simple majority of the constituent membership of a public body or another proportion established by law.

     Sec. 5.  NRS 241.020 is hereby amended to read as follows:

     241.020  1.  Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.

     2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

     (a) The time, place and location of the meeting.

     (b) A list of the locations where the notice has been posted.

     (c) An agenda consisting of:

           (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

           (2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items [.] by placing the term “for possible action” next to the appropriate item.

           (3) A period devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

 


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

ê2011 Statutes of Nevada, Page 2387 (Chapter 383, AB 59)ê

 

           (4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.

           (5) If, during any portion of the meeting, the public body will consider whether to take administrative action against a person, the name of the person against whom administrative action may be taken.

           (6) Notification that:

                (I) Items on the agenda may be taken out of order;

                (II) The public body may combine two or more agenda items for consideration; and

                (III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.

           (7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.

     3.  Minimum public notice is:

     (a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; and

     (b) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:

           (1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or

           (2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.

     4.  If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

     5.  Upon any request, a public body shall provide, at no charge, at least one copy of:

     (a) An agenda for a public meeting;

     (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

 


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

ê2011 Statutes of Nevada, Page 2388 (Chapter 383, AB 59)ê

 

     (c) Subject to the provisions of subsection 6, any other supporting material provided to the members of the public body for an item on the agenda, except materials:

           (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;

           (2) Pertaining to the closed portion of such a meeting of the public body; or

           (3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.

Ê The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, “proprietary information” has the meaning ascribed to it in NRS 332.025.

     6.  A copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 5 must be:

     (a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or

     (b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.

Ê If the requester has agreed to receive the information and material set forth in subsection 5 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.

     7.  A public body may provide the public notice, information and material required by this section by electronic mail. If a public body makes such notice, information and material available by electronic mail, the public body shall inquire of a person who requests the notice, information or material if the person will accept receipt by electronic mail. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or material required by this section to a person who has agreed to receive such notice, information or material by electronic mail shall not be deemed to be a violation of the provisions of this chapter.

     8.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

     (a) Disasters caused by fire, flood, earthquake or other natural causes; or

     (b) Any impairment of the health and safety of the public.

     Sec. 6.  NRS 241.033 is hereby amended to read as follows:

     241.033  1.  [A] Except as otherwise provided in subsection 7, a public body shall not hold a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of any person or to consider an appeal by a person of the results of an examination conducted by or on behalf of the public body unless it has:

     (a) Given written notice to that person of the time and place of the meeting; and

     (b) Received proof of service of the notice.

     2.  The written notice required pursuant to subsection 1:

 


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

ê2011 Statutes of Nevada, Page 2389 (Chapter 383, AB 59)ê

 

     (a) Except as otherwise provided in subsection 3, must be:

           (1) Delivered personally to that person at least 5 working days before the meeting; or

           (2) Sent by certified mail to the last known address of that person at least 21 working days before the meeting.

     (b) May, with respect to a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, include an informational statement setting forth that the public body may, without further notice, take administrative action against the person if the public body determines that such administrative action is warranted after considering the character, alleged misconduct, professional competence, or physical or mental health of the person.

     (c) Must include:

           (1) A list of the general topics concerning the person that will be considered by the public body during the closed meeting; and

           (2) A statement of the provisions of subsection 4, if applicable.

     3.  The Nevada Athletic Commission is exempt from the requirements of subparagraphs (1) and (2) of paragraph (a) of subsection 2, but must give written notice of the time and place of the meeting and must receive proof of service of the notice before the meeting may be held.

     4.  If a public body holds a closed meeting or closes a portion of a meeting to consider the character, alleged misconduct, professional competence, or physical or mental health of a person, the public body must allow that person to:

     (a) Attend the closed meeting or that portion of the closed meeting during which the character, alleged misconduct, professional competence, or physical or mental health of the person is considered;

     (b) Have an attorney or other representative of the person’s choosing present with the person during the closed meeting; and

     (c) Present written evidence, provide testimony and present witnesses relating to the character, alleged misconduct, professional competence, or physical or mental health of the person to the public body during the closed meeting.

     5.  Except as otherwise provided in subsection 4, with regard to the attendance of persons other than members of the public body and the person whose character, alleged misconduct, professional competence, physical or mental health or appeal of the results of an examination is considered, the chair of the public body may at any time before or during a closed meeting:

     (a) Determine which additional persons, if any, are allowed to attend the closed meeting or portion thereof; or

     (b) Allow the members of the public body to determine, by majority vote, which additional persons, if any, are allowed to attend the closed meeting or portion thereof.

     6.  A public body shall provide a copy of any record of a closed meeting prepared pursuant to NRS 241.035, upon the request of any person who received written notice of the closed meeting pursuant to subsection 1.

     7.  For the purposes of this section [, casual] :

     (a) A meeting held to consider an applicant for employment is not subject to the notice requirements otherwise imposed by this section.

 


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

ê2011 Statutes of Nevada, Page 2390 (Chapter 383, AB 59)ê

 

     (b) Casual or tangential references to a person or the name of a person during a closed meeting do not constitute consideration of the character, alleged misconduct, professional competence, or physical or mental health of the person.

     Sec. 7.  NRS 241.040 is hereby amended to read as follows:

     241.040  1.  Each member of a public body who attends a meeting of that public body where action is taken in violation of any provision of this chapter, with knowledge of the fact that the meeting is in violation thereof, is guilty of a misdemeanor.

     2.  Wrongful exclusion of any person or persons from a meeting is a misdemeanor.

     3.  A member of a public body who attends a meeting of that public body at which action is taken in violation of this chapter is not the accomplice of any other member so attending.

     4.  In addition to any criminal penalty imposed pursuant to this section, each member of a public body who attends a meeting of that public body where action is taken in violation of any provision of this chapter, and who participates in such action with knowledge of the violation, is subject to a civil penalty in an amount not to exceed $500. The Attorney General [shall investigate and prosecute any violation of this chapter.] may recover the penalty in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction. Such an action must be commenced within 1 year after the date of the action taken in violation of this chapter.

     Sec. 8.  1.  This section and sections 1 and 2 to 7, inclusive, of this act become effective on July 1, 2011.

     2.  Section 1.5 of this act becomes effective on January 1, 2012.

________

 


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

ê2011 Statutes of Nevada, Page 2391ê

 

CHAPTER 384, AB 71

Assembly Bill No. 71–Committee on Legislative Operations and Elections

 

CHAPTER 384

 

[Approved: June 15, 2011]

 

AN ACT relating to taxation; directing the Legislative Commission to conduct an interim study concerning the equitable allocation of money distributed from the Local Government Tax Distribution Account; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the deposit of certain proceeds from liquor taxes, cigarette taxes, real property transfer taxes, city-county relief taxes and governmental services taxes into the Local Government Tax Distribution Account. (NRS 369.173, 370.260, 375.070, 377.055, 377.057, 482.181) Under existing law, the Executive Director of the Department of Taxation is required to allocate the money deposited in the Account to local governments, special districts and enterprise districts in each county in accordance with a specified formula. (NRS 360.680, 360.690)

       This bill requires the Legislative Commission to appoint a subcommittee to conduct an interim study to examine whether the formula for the allocation of money distributed from the Local Government Tax Distribution Account results in an equitable allocation to all those governmental entities, including any local library districts that do not currently receive such an allocation, and, if not, to consider possible alternative methodologies to achieve a more equitable allocation.

 

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.  1.  The Legislative Commission shall appoint a subcommittee, consisting of three members of the Senate and three members of the Assembly, to conduct a study during the 2011-2013 interim concerning the formula for the allocation of money distributed from the Local Government Tax Distribution Account.

     2.  The subcommittee appointed pursuant to subsection 1 shall, without limitation:

     (a) Review the structural components of the formula used for the allocation of money distributed from the Local Government Tax Distribution Account to local governments, special districts and enterprise districts from the inception of the formula to the present day; and

     (b) Examine whether the formula results in an equitable allocation among all those governmental entities, including, without limitation, any local library districts which do not currently receive such an allocation, and, if not, consider possible alternative methodologies to achieve a more equitable allocation among all those governmental entities.

     3.  Any recommendations for legislation proposed by the subcommittee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly appointed to the subcommittee.

 


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

ê2011 Statutes of Nevada, Page 2392 (Chapter 384, AB 71)ê

 

     4.  The Legislative Commission shall submit a report of the results of the study and any recommendations for legislation to the 77th Session of the Nevada Legislature.

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

________

CHAPTER 385, AB 114

Assembly Bill No. 114–Committee on Government Affairs

 

CHAPTER 385

 

[Approved: June 15, 2011]

 

AN ACT relating to water; revising the amount of the fee for issuing and recording a permit to change the point of diversion or place of use only of an existing water right for irrigational purposes; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law sets forth a schedule of fees that the State Engineer is required to collect for providing various services relating to the appropriation of water for beneficial uses in Nevada. In 2009, a fee of $200 for issuing and recording a permit to change the point of diversion or place of use only of an existing water right for irrigational purposes was eliminated and the following fee became applicable to such a permit: (1) a fee of $250 for issuing and recording a permit to change an existing water right for any purpose other than for watering livestock or wildlife purposes or for certain uses concerning the generation of hydroelectric power; and (2) an additional fee of $3 for each acre-foot of water or fraction thereof approved in the permit by the State Engineer. (Chapter 250, Statutes of Nevada 2009, p. 1014; NRS 533.435) This bill reinstates and increases to $750 the flat fee that had been eliminated in 2009 for issuing and recording a permit to change the point of diversion or place of use only of an existing water right for irrigational purposes. Thus, under this bill, a person who is issued such a permit is required to pay a flat fee of $750 rather than a fee of $250 plus an additional fee of $3 for each acre-foot of water or fraction thereof approved in the permit by the State Engineer.

 

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 533.435 is hereby amended to read as follows:

     533.435  1.  The State Engineer shall collect the following fees:

 

For examining and filing an application for a permit to appropriate water............................ $300.00

This fee includes the cost of publication, which is $50.

For reviewing a corrected application or map, or both, in connection with an application for a permit to appropriate water............................................................................................... 100.00

For examining and acting upon plans and specifications for construction of a dam............ 1,000.00

 


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

ê2011 Statutes of Nevada, Page 2393 (Chapter 385, AB 114)ê

 

For examining and filing an application for each permit to change the point of diversion, manner of use or place of use of an existing right....................................................................... $200.00

This fee includes the cost of the publication of the application, which is $50.

For issuing and recording each permit to appropriate water for any purpose, except for generating hydroelectric power which results in nonconsumptive use of the water or watering livestock or wildlife purposes............................................................................................................... 300.00

plus $3 per acre-foot approved or fraction thereof.

[For issuing and recording each permit to change an existing right whether temporary or permanent for any purpose, except] Except for generating hydroelectric power which results in nonconsumptive use of the water, for watering livestock or wildlife purposes which change the point of diversion or place of use only or for irrigational purposes which change the point of diversion or place of use only, for issuing and recording each permit to change an existing right whether temporary or permanent for any purpose.................................................. 250.00

plus $3 per acre-foot approved or fraction thereof.

For issuing and recording each permit to change the point of diversion or place of use only of an existing right whether temporary or permanent for irrigational purposes....................... 750.00

For issuing and recording each permit to appropriate or change the point of diversion or place of use of an existing right only whether temporary or permanent for watering livestock or wildlife purposes............................................................................................................................ 200.00

plus $50 for each second-foot of water approved or fraction thereof.

For issuing and recording each permit to appropriate or change an existing right whether temporary or permanent for water for generating hydroelectric power which results in nonconsumptive use of the water....................................................................................................................... 400.00

plus $50 for each second-foot of water approved or fraction thereof.

For issuing a waiver in connection with an application to drill a well..................................... 100.00

For filing a secondary application under a reservoir permit.................................................... 250.00

For approving and recording a secondary permit under a reservoir permit............................. 450.00

For reviewing each tentative subdivision map........................................................................ 150.00

plus $1 per lot.

For reviewing and approving each final subdivision map....................................................... 100.00

 


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

ê2011 Statutes of Nevada, Page 2394 (Chapter 385, AB 114)ê

 

For storage approved under a dam permit for privately owned nonagricultural dams which store more than 50 acre-feet.................................................................................................... $400.00

plus $1 per acre-foot storage capacity. This fee includes the cost of inspection and must be paid annually.

For filing proof of completion of work.................................................................................... 50.00

For filing proof of beneficial use.............................................................................................. 50.00

For filing proof of resumption of a water right....................................................................... 300.00

For filing any protest................................................................................................................ 25.00

For filing any application for extension of time within which to file proofs, for each year for which the extension of time is sought.......................................................................................... 100.00

For reviewing a cancellation of a water right pursuant to a petition for review ...................... 300.00

For examining and filing a report of conveyance filed pursuant to paragraph (a) of subsection 1 of NRS 533.384.................................................................................................................... 100.00

plus $20 per conveyance document

For filing any other instrument................................................................................................. 10.00

For making a copy of any document recorded or filed in the Office of the State Engineer, for the first page............................................................................................................................... 1.00

For each additional page............................................................................................................... .20

For certifying to copies of documents, records or maps, for each certificate.............................. 5.00

For each blueprint copy of any drawing or map, per square foot............................................... 5.00

The minimum charge for a blueprint copy, per print.................................................................. 3.00

For colored mylar plots............................................................................................................. 10.00

 

     2.  When fees are not specified in subsection 1 for work required of the Office of the State Engineer, the State Engineer shall collect the actual cost of the work.

     3.  Except as otherwise provided in this subsection, all fees collected by the State Engineer under the provisions of this section must be deposited in the State Treasury for credit to the State General Fund. All fees received for blueprint copies of any drawing or map must be kept by the State Engineer and used only to pay the costs of printing, replacement and maintenance of printing equipment. Any publication fees received which are not used by the State Engineer for publication expenses must be returned to the persons who paid the fees. If, after exercising due diligence, the State Engineer is unable to make the refunds, the State Engineer shall deposit the fees in the State Treasury for credit to the State General Fund. The State Engineer may maintain, with the approval of the State Board of Examiners, a checking account in any bank or credit union qualified to handle state money to carry out the provisions of this subsection. The account must be secured by a depository bond satisfactory to the State Board of Examiners to the extent the account is not insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a private insurer approved pursuant to NRS 678.755.

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

________

 


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

ê2011 Statutes of Nevada, Page 2395ê

 

CHAPTER 386, AB 123

Assembly Bill No. 123–Committee on Health and Human Services

 

CHAPTER 386

 

[Approved: June 15, 2011]

 

AN ACT relating to public health; requiring facilities for intermediate care, facilities for skilled nursing, residential facilities for groups and homes for individual residential care to provide itemized statements under certain circumstances; requiring facilities and homes to provide notices of deficiencies to patients or other responsible persons upon discovering a deficiency during an inspection of such facilities by the Health Division of the Department of Health and Human Services; providing administrative penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 2 of this bill requires facilities for intermediate care, facilities for skilled nursing, residential facilities for groups and homes for individual residential care to provide, upon the request of a person receiving care and certain other persons, an itemized statement of charges incurred for care provided by the facility or home.

       Section 3 of this bill requires a facility for intermediate care, facility for skilled nursing, residential facility for groups and home for individual residential care to provide notice of a deficiency which is discovered during an inspection conducted by the Health Division of the Department of Health and Human Services and which affects the health and safety of a patient to the person receiving care at the facility or certain other responsible persons.

 

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 the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  1.  Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, a facility for intermediate care, facility for skilled nursing, residential facility for groups or home for individual residential care shall, upon request, provide an itemized statement of charges to:

     (a) The person who received care in the facility or home;

     (b) The parent or guardian of the person who received care in the facility or home; or

     (c) Any other natural person designated by the person receiving care at the facility or home.

     2.  An itemized statement of charges provided by a facility for intermediate care, facility for skilled nursing, residential facility for groups or home for individual residential care pursuant to subsection 1 must, without limitation:

     (a) Itemize the charges for services, care, food, medicine and other supplies provided to the person receiving care at the facility or home;

     (b) Identify the amount of payment allocated to each charge;

 


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

ê2011 Statutes of Nevada, Page 2396 (Chapter 386, AB 123)ê

 

     (c) Be provided in a manner that is understandable to an ordinary person;

     (d) Be provided at no additional cost; and

     (e) Be provided in a timely manner.

     Sec. 3.  A facility for intermediate care, facility for skilled nursing, residential facility for groups or home for individual residential care shall immediately provide notice of a deficiency affecting the health and safety of a patient discovered during the course of an inspection of the facility for intermediate care, facility for skilled nursing, residential facility for groups or home for individual residential care conducted by the Health Division to:

     1.  A person receiving care at the facility or home;

     2.  The parent or legal guardian of the person receiving care at the facility or home; or

     3.  Any other natural person designated to receive such notice by the person receiving care at the facility or home or the parent or guardian of the person.

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  NRS 449.070 is hereby amended to read as follows:

     449.070  The provisions of NRS 449.001 to 449.240, inclusive, and sections 2 and 3 of this act do not apply to:

     1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

     2.  Foster homes as defined in NRS 424.014.

     3.  Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.

     Sec. 6.  NRS 449.140 is hereby amended to read as follows:

     449.140  1.  Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund.

     2.  The Health Division shall enforce the provisions of NRS 449.001 to 449.245, inclusive, and sections 2 and 3 of this act, and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

     Sec. 7.  NRS 449.160 is hereby amended to read as follows:

     449.160  1.  The Health Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.001 to 449.240, inclusive, and sections 2 and 3 of this act upon any of the following grounds:

     (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and sections 2 and 3 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

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

 


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

ê2011 Statutes of Nevada, Page 2397 (Chapter 386, AB 123)ê

 

     (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

     (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter, if such approval is required.

     (f) Failure to comply with the provisions of NRS 449.2486.

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

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

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

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

     3.  The Health Division shall maintain a log of any complaints that it receives relating to activities for which the Health Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Health Division shall provide to a facility for the care of adults during the day:

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

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

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

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

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

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

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

     Sec. 8.  NRS 449.163 is hereby amended to read as follows:

     449.163  1.  If a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and sections 2 and 3 of this act, or any condition, standard or regulation adopted by the Board, the Health Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

     (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

     (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

     (c) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

 


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

ê2011 Statutes of Nevada, Page 2398 (Chapter 386, AB 123)ê

 

     (d) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

           (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

           (2) Improvements are made to correct the violation.

     2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (c) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

     3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (c) of subsection 1, the Health Division may:

     (a) Suspend the license of the facility until the administrative penalty is paid; and

     (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

     4.  The Health Division may require any facility that violates any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and sections 2 and 3 of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

     5.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the residents of the facility in accordance with applicable federal standards.

     Sec. 9.  (Deleted by amendment.)

     Sec. 10.  NRS 449.220 is hereby amended to read as follows:

     449.220  1.  The Health Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.001 to 449.240, inclusive [:] , and sections 2 and 3 of this act:

     (a) Without first obtaining a license therefor; or

     (b) After his or her license has been revoked or suspended by the Health Division.

     2.  It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a facility without a license.

     Sec. 11.  NRS 449.230 is hereby amended to read as follows:

     449.230  1.  Any authorized member or employee of the Health Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449.001 to 449.245, inclusive [.] , and sections 2 and 3 of this act.

     2.  The State Fire Marshal or a designee of the State Fire Marshal shall, upon receiving a request from the Health Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 9 of NRS 449.037:

     (a) Enter and inspect a residential facility for groups; and

     (b) Make recommendations regarding the adoption of plans and requirements pursuant to subsection 9 of NRS 449.037,

Ê to ensure the safety of the residents of the facility in an emergency.

 


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

ê2011 Statutes of Nevada, Page 2399 (Chapter 386, AB 123)ê

 

     3.  The State Health Officer or a designee of the State Health Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups to ensure compliance with standards for health and sanitation.

     4.  An authorized member or employee of the Health Division shall enter and inspect any building or premises operated by a residential facility for groups within 72 hours after the Health Division is notified that a residential facility for groups is operating without a license.

     Sec. 12.  (Deleted by amendment.)

     Sec. 13.  NRS 449.240 is hereby amended to read as follows:

     449.240  The district attorney of the county in which the facility is located shall, upon application by the Health Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.001 to 449.245, inclusive [.] , and sections 2 and 3 of this act.

     Secs. 14 and 15.  (Deleted by amendment.)

________

CHAPTER 387, AB 167

Assembly Bill No. 167–Assemblymen Bustamante Adams, Bobzien; Goicoechea, Grady and Hardy

 

Joint Sponsors: Senators Lee; and Manendo

 

CHAPTER 387

 

[Approved: June 15, 2011]

 

AN ACT relating to aquatic species; prohibiting a person from introducing certain aquatic species into the waters of this State; providing for the inspection of vessels for aquatic invasive species; requiring vessels to be inspected for the presence of aquatic invasive species before being operated on the waters of this State; requiring decontamination of any vessels where an aquatic invasive species is present; authorizing the impoundment or quarantine of certain vessels; requiring an aquatic invasive species fee to be paid by all operators of vessels; providing a civil penalty; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law makes it a misdemeanor for any person to introduce any aquatic life into this State without the permission of the Department of Wildlife. Existing law also authorizes the Board of Wildlife Commissioners to prohibit the importation, transportation or possession of any species of wildlife that the Commission deems detrimental to the wildlife or the habitat of the wildlife in this State. (NRS 503.597) Section 2 of this bill makes it a misdemeanor for a first offense and a category E felony for any subsequent offense to knowingly or intentionally introduce any aquatic species which may be detrimental to the aquatic resources, aquatic species or water resources of this State. Section 2 also provides for an additional civil penalty of not less than $25,000 and not more than $250,000 for anyone convicted of such introduction.

 


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

ê2011 Statutes of Nevada, Page 2400 (Chapter 387, AB 167)ê

 

       Section 4 of this bill authorizes the Department to set up inspection stations for vessels operating on the waters of this State to inspect such vessels for aquatic invasive species and prohibits any person from operating a vessel without first complying with the inspection program. Section 4 also prohibits any person operating a vessel from leaving an impaired body of water and entering another body of water in this State without first having the vessel decontaminated. In addition, section 4 allows a peace officer to inspect a vessel at any point if the peace officer has a reasonable belief based on articulable facts that an aquatic invasive species may be present on the vessel. Finally, if a person refuses to comply with a peace officer or the requirements of an inspection station, section 4 allows the person’s vessel to be impounded or quarantined. Section 5 of this bill authorizes a peace officer to keep a vessel in impound or quarantine until it has been decontaminated or shown to be in compliance with the requirements of the Department.

       Section 6 of this bill requires the Commission to establish an annual aquatic invasive species fee which must not exceed $10 for a motorboat owned or operated by a resident of this State and $5 for any other vessel owned or operated by a resident of this State. The fee must be $20 for a motorboat owned or operated by a nonresident of this State and $10 for any other vessel owned or operated by a nonresident of this State. Section 6 also requires the Department to issue an aquatic invasive species decal as evidence of payment of the aquatic invasive species fee. Section 6 prohibits any person from operating a vessel on the waters of this State without first paying the fee and attaching the decal to his or her vessel as proof of payment.

 

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 501.356 is hereby amended to read as follows:

     501.356  1.  Money received by the Department from:

     (a) The sale of licenses;

     (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

     (c) Remittances from the State Treasurer pursuant to the provisions of NRS 365.535;

     (d) Appropriations made by the Legislature; and

     (e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in the Trout Management Account pursuant to NRS 502.327,

Ê must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund.

     2.  The interest and income earned on the money in the Wildlife Account, after deducting any applicable charges, must be credited to the Account.

     3.  Except as otherwise provided in subsection 4 [,] and NRS 503.597, the Department may use money in the Wildlife Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

     4.  Except as otherwise provided in NRS 502.250 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Account pursuant to the provisions of this title and any matching money received by the Department from any source must be accounted for separately and must be used:

 


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

ê2011 Statutes of Nevada, Page 2401 (Chapter 387, AB 167)ê

 

     (a) Only for the management of wildlife; and

     (b) If the fee is for the sale or issuance of a license, permit or tag other than a tag specified in subsection 5 or 6 of NRS 502.250, under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.

     Sec. 2.  NRS 503.597 is hereby amended to read as follows:

     503.597  1.  Except as otherwise provided in this section, it is unlawful, except by the written consent and approval of the Department, for any person at anytime to receive, bring or have brought or shipped into this State, or remove from one stream or body of water in this State to any other, or from one portion of the State to any other, or to any other state, any aquatic life or wildlife, or any spawn, eggs or young of any of them.

     2.  The Department shall require an applicant to conduct an investigation to confirm that such an introduction or removal will not be detrimental to the wildlife or the habitat of wildlife in this State. Written consent and approval of the Department may be given only if the results of the investigation prove that the introduction, removal or importation will not be detrimental to existing aquatic life or wildlife, or any spawn, eggs or young of any of them.

     3.  The Commission may through appropriate regulation provide for the inspection of such introduced or removed creatures and the inspection fees therefor.

     4.  The Commission may adopt regulations to prohibit the importation, transportation or possession of any species of wildlife which the Commission deems to be detrimental to the wildlife or the habitat of the wildlife in this State.

     5.  A person who knowingly or intentionally introduces, causes to be introduced or attempts to introduce an aquatic invasive species or injurious aquatic species into any waters of this State is guilty of:

     (a) For a first offense, a misdemeanor; and

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

     6.  A court before whom a defendant is convicted of a violation of subsection 5 shall, for each violation, order the defendant to pay a civil penalty of at least $25,000 but not more than $250,000. The money must be deposited into the Wildlife Account in the State General Fund and used to:

     (a) Remove the aquatic invasive species or injurious aquatic species;

     (b) Reintroduce any game fish or other aquatic wildlife destroyed by the aquatic invasive species or injurious aquatic species;

     (c) Restore any habitat destroyed by the aquatic invasive species or injurious aquatic species;

     (d) Repair any other damage done to the waters of this State by the introduction of the aquatic invasive species or injurious aquatic species; and

     (e) Defray any other costs incurred by the Department because of the introduction of the aquatic invasive species or injurious aquatic species.

     7.  The provisions of this section do not apply to [alternative] :

     (a) Alternative livestock and products made therefrom [.] ; or

     (b) The introduction of any species by the Department for sport fishing or other wildlife management programs.

 


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

ê2011 Statutes of Nevada, Page 2402 (Chapter 387, AB 167)ê

 

     8.  As used in this section:

     (a) “Aquatic invasive species” means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.

     (b) “Injurious aquatic species” means an aquatic species which the Commission has determined to be a threat to sensitive, threatened or endangered aquatic species or game fish or to the habitat of sensitive, threatened or endangered aquatic species or game fish by any means, including, without limitation:

           (1) Predation;

           (2) Parasitism;

           (3) Interbreeding; or

           (4) The transmission of disease.

     Sec. 3.  Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 4, 5 and 6 of this act.

     Sec. 4.  1.  It is unlawful for any person at any time to:

     (a) Launch a vessel into any body of water in this State for which the Department has approved an inspection program without first complying with that program;

     (b) Refuse to comply with any requirements of the Department or any requirements of an inspection program approved by the Department; or

     (c) Leave an impaired body of water in this State or any other state after operating a vessel on that impaired body of water and launch the vessel on any other body of water in this State without first decontaminating the vessel and any conveyance used on the impaired body of water.

     2.  In addition to any inspection conducted pursuant to NRS 488.900, each owner, operator or person in control of a vessel or conveyance shall stop at any mandatory inspection station for aquatic invasive species authorized by the Department. If a peace officer reasonably believes, based on articulable facts, that an aquatic invasive species or aquatic plant material may be present on the vessel or conveyance, the peace officer may:

     (a) Require the owner, operator or person in control of the vessel or conveyance to decontaminate the vessel or conveyance; or

     (b) In addition to any seizure required pursuant to NRS 488.910, impound or quarantine the vessel or conveyance.

     3.  A peace officer may stop and inspect a vessel or conveyance for the presence of aquatic invasive species or aquatic plant material, or for proof of a required inspection:

     (a) Before a vessel is launched into a body of water in this State;

     (b) Before a vessel or conveyance departs from a body of water in this State, a launch ramp or a vessel staging area;

     (c) If the vessel or conveyance is visibly transporting any aquatic invasive species or aquatic plant material; or

     (d) If the peace officer reasonably believes, based on articulable facts, that an aquatic invasive species or aquatic plant material is present.

 


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

ê2011 Statutes of Nevada, Page 2403 (Chapter 387, AB 167)ê

 

     4.  If a peace officer conducts an inspection of a vessel or conveyance pursuant to this section and determines that an aquatic invasive species or aquatic plant material is present on the vessel or conveyance, the peace officer may order the vessel or conveyance to be decontaminated.

     5.  A peace officer may impound or quarantine a vessel if:

     (a) An inspection conducted pursuant to this section indicates the presence of an aquatic invasive species or aquatic plant material on the vessel or conveyance; or

     (b) The owner, operator or person in control of the vessel or conveyance refuses to:

           (1) Submit to an inspection authorized pursuant to this section; or

           (2) Comply with an order issued pursuant to this section to decontaminate his or her vessel or conveyance.

     6.  As used in this section, “impaired body of water” means any body of water in this State or any other state which the Commission or another governmental entity has identified as containing an aquatic invasive species.

     Sec. 5.  1.  If a peace officer orders a vessel or conveyance to be impounded or quarantined pursuant to section 4 of this act, the vessel or conveyance may be impounded or quarantined for a reasonable period to ensure that the vessel or conveyance is inspected and decontaminated and that any aquatic invasive species or aquatic plant material is completely removed.

     2.  The owner of a vessel or conveyance which is impounded or quarantined is responsible for all costs associated with the impoundment or quarantine.

     3.  The Department may suspend the certificate of number or validation decal of an impounded or quarantined vessel until:

     (a) The operator or owner of the vessel has completed the decontamination of the vessel; and

     (b) The Department has inspected the vessel and determined that it is in compliance with section 4 of this act.

     Sec. 6.  1.  A person shall not operate a vessel on the waters of this State unless the person has:

     (a) Paid to the Department the aquatic invasive species fee established pursuant to subsection 4; and

     (b) Attached the aquatic invasive species decal issued pursuant to subsection 2 to the port side transom of the vessel so that the decal is distinctly visible.

     2.  The Department shall issue to a person who pays the fee established pursuant to subsection 4 an aquatic invasive species decal as evidence of the payment of the aquatic invasive species fee.

     3.  Aquatic invasive species decals expire at the end of each calendar year. Only the decal for the current year may be displayed on a vessel.

     4.  The Commission shall establish by regulation an aquatic invasive species fee, which:

     (a) For a motorboat which is owned or operated by a person who is a resident of this State, must not exceed $10;

 


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

ê2011 Statutes of Nevada, Page 2404 (Chapter 387, AB 167)ê

 

     (b) For a vessel, other than a motorboat, which is owned or operated by a person who is a resident of this State, must not exceed $5;

     (c) For a motorboat which is owned or operated by a nonresident of this State, must be $20; and

     (d) For a vessel, other than a motorboat, which is owned or operated by a nonresident of this State, must be $10.

     5.  The aquatic invasive species fee established pursuant to subsection 4 must be paid annually for the issuance of an aquatic invasive species decal. The fee must be deposited in the Wildlife Account in the State General Fund and used by the Department for enforcement of this section, NRS 503.597 and sections 4 and 5 of this act and for education about and management of aquatic invasive species.

     Sec. 7.  NRS 488.035 is hereby amended to read as follows:

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

     1.  “Aquatic invasive species” means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.

     2.  “Aquatic plant material” means aquatic plants or parts of plants that are dependent on an aquatic environment to survive.

     3.  “Commission” means the Board of Wildlife Commissioners.

     [2.] 4.  “Conveyance” means a motor vehicle, trailer or any other equipment used to transport a vessel or containers or devices used to haul water on a vessel that may contain or carry an aquatic invasive species or aquatic plant material.

     5.  “Decontaminate” means eliminate any aquatic invasive species on a vessel or conveyance in a manner specified by the Commission which may include, without limitation, washing the vessel or conveyance, draining the water in the vessel or conveyance, drying the vessel or conveyance or chemically, thermally or otherwise treating the vessel or conveyance.

     6.  “Department” means the Department of Wildlife.

     [3.] 7.  “Flat wake” means the condition of the water close astern a moving vessel that results in a flat wave disturbance.

     [4.] 8.  “Interstate waters of this State” means waters forming the boundary between the State of Nevada and an adjoining state.

     [5.] 9.  “Legal owner” means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the State or any political subdivision of the State under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.

     [6.] 10.  “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.

     [7.] 11.  “Operate” means to navigate or otherwise use a motorboat or a vessel.

     [8.] 12.  “Owner” means:

     (a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he or she lends, rents or pledges the vessel; and

 


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

ê2011 Statutes of Nevada, Page 2405 (Chapter 387, AB 167)ê

 

     (b) A debtor under a security agreement relating to a vessel.

Ê “Owner” does not include a person defined as a “legal owner” under subsection [5.] 9.

     [9.] 13.  “Prohibited substance” has the meaning ascribed to it in NRS 484C.080.

     [10.] 14.  “Registered owner” means the person registered by the Commission as the owner of a vessel.

     [11.] 15.  A vessel is “under way” if it is adrift, making way or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.

     [12.] 16.  “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

     [13.] 17.  “Waters of this State” means any waters within the territorial limits of this State.

     Sec. 8.  NRS 488.075 is hereby amended to read as follows:

     488.075  1.  The owner of each motorboat requiring numbering by this State shall file an application for a number and for a certificate of ownership with the Department on forms approved by it accompanied by:

     (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320.

     (b) Such evidence of ownership as the Department may require.

Ê The Department shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.

     2.  The application must be signed by the owner of the motorboat and must be accompanied by a fee of $20 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:

 

Less than 13 feet................................................................................................................................ $20

13 feet or more but less than 18 feet.................................................................................................... 25

18 feet or more but less than 22 feet.................................................................................................... 40

22 feet or more but less than 26 feet.................................................................................................... 55

26 feet or more but less than 31 feet.................................................................................................... 75

31 feet or more .................................................................................................................................. 100

 

Except as otherwise provided in this subsection, all fees received by the Department under the provisions of this chapter must be deposited in the Wildlife Account in the State General Fund and , except as otherwise provided in section 6 of this act, may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the Department shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboat’s length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the Department shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

 


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

ê2011 Statutes of Nevada, Page 2406 (Chapter 387, AB 167)ê

 

Department shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

     3.  A certificate of number may be renewed each year by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in subsection 2. The amount of the fee for issuing a duplicate validation decal is $20.

     4.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the Commission in order that the number may be clearly visible. The number must be maintained in legible condition.

     5.  The certificate of number must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.

     6.  The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The amount of the fee for each such a number is $20.

     Sec. 9.  1.  This section becomes effective upon passage and approval.

     2.  Sections 1 and 2 of this act become effective on July 1, 2011.

     3.  Sections 3 to 8, inclusive, of this act become effective:

     (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

     (b) On January 1, 2012 for all other purposes.

________

 


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

ê2011 Statutes of Nevada, Page 2407ê

 

CHAPTER 388, SB 186

Senate Bill No. 186–Senator McGinness

 

CHAPTER 388

 

[Approved: June 15, 2011]

 

AN ACT relating to records; revising provisions governing the recording of civil judgments; requiring the recording of letters testamentary and letters of administration; revising provisions governing the recording of letters of guardianship; revising provisions concerning the protection of certain personal identifying information included in certain records; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides that when a certified abstract or copy of a civil judgment or decree is recorded in the office of the county recorder, it becomes a lien upon all nonexempt real property which is owned by the judgment debtor in that county or which the judgment debtor may afterward acquire. When a judgment creditor records the civil judgment or decree, the judgment creditor must also record an affidavit stating: (1) the name and address of the judgment debtor; (2) the judgment debtor’s driver’s license number and the state issuing that license or the last 4 numbers of the judgment debtor’s social security number; and (3) the judgment debtor’s date of birth. If any of this information is not known, the affidavit must state that fact. (NRS 17.150)

       Section 1 of this bill revises the information which a judgment creditor must include in the affidavit when the judgment creditor records a civil judgment or decree. Rather than requiring the affidavit to include the judgment debtor’s driver’s license number or the last four digits of the debtor’s social security number, section 1 requires the affidavit to include the last four digits of the judgment debtor’s: (1) driver’s license number; (2) identification card number; or (3) social security number. Under section 1, the affidavit must also include: (1) the assessor’s parcel number and the address of the judgment debtor’s real property and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of that real property; and (2) if the lien will include a manufactured home or mobile home, the location and serial number of the manufactured home or mobile home and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of the manufactured home or mobile home. Section 1 requires this information to be based on personal knowledge and removes the provision which allows the affiant to state that this information is unknown.

       Under existing law, a lien on real property created by the recording of a civil judgment or decree continues for 6 years after the date the judgment or decree was docketed. The judgment and the lien may be renewed by: (1) filing an affidavit with the clerk of the court where the judgment is entered and docketed within 90 days before the date on which the judgment expires; and (2) recording that affidavit in the office of the county recorder within 3 days after the filing of the affidavit with the court clerk. (NRS 17.214) Section 2 of this bill adds the document number of the recorded judgment to the information required to be included in the affidavit.

       Section 3 of this bill requires letters testamentary, letters of administration with the will annexed, letters of special administration and letters of administration which are issued to the administrator, executor or personal representative of the estate of a decedent to be recorded in the office of the recorder of each county in which real property of the estate is located.

 


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

ê2011 Statutes of Nevada, Page 2408 (Chapter 388, SB 186)ê

 

       Existing law requires a guardian of the estate of a ward to cause to be recorded, in the official records of each county in which real property of the ward is located, a court certified copy of the letters of guardianship. (NRS 159.087) Section 4 of this bill requires the guardian to attach to the recorded copy a cover sheet which contains the guardian’s name, address and telephone number and certain information concerning the property of the ward.

       Section 5 of this bill amends existing law, which provides that the last four digits of a social security number are not subject to the security measures required for certain personal information, to provide that the last four digits of a driver’s license number or identification card number are also not subject to such required security measures.

 

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 17.150 is hereby amended to read as follows:

     17.150  1.  Immediately after filing a judgment roll, the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by the clerk, noting thereon the hour and minutes of the day of such entries.

     2.  A transcript of the original docket or an abstract or copy of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree was rendered, may be recorded in the office of the county recorder in any county, and when so recorded it becomes a lien upon all the real property of the judgment debtor not exempt from execution in that county, owned by the judgment debtor at the time, or which the judgment debtor may afterward acquire, until the lien expires. The lien continues for 6 years after the date the judgment or decree was docketed, and is continued each time the judgment or decree is renewed, unless:

     (a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Appellate Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the actions ceases;

     (b) The judgment is for arrearages in the payment of child support, in which case the lien continues until the judgment is satisfied;

     (c) The judgment is satisfied; or

     (d) The lien is otherwise discharged.

Ê The time during which the execution of the judgment is suspended by appeal, action of the court or defendant must not be counted in computing the time of expiration.

     3.  The abstract described in subsection 2 must contain the:

     (a) Title of the court and the title and number of the action;

     (b) Date of entry of the judgment or decree;

     (c) Names of the judgment debtor and judgment creditor;

     (d) Amount of the judgment or decree; and

     (e) Location where the judgment or decree is entered in the minutes or judgment docket.

 


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

ê2011 Statutes of Nevada, Page 2409 (Chapter 388, SB 186)ê

 

     4.  [A] In addition to recording the information described in subsection 2, a judgment creditor who records a judgment or decree for the purpose of creating a lien upon the real property of the judgment debtor pursuant to subsection 2 shall record at that time an affidavit of judgment stating:

     (a) The name and address of the judgment debtor;

     (b) [The] If the judgment debtor is a natural person:

           (1) The last four digits of the judgment debtor’s driver’s license number or identification card number and the state of issuance ; or [the]

           (2) The last four digits of the judgment debtor’s social security number; [and]

     (c) [The judgment debtor’s date of birth,

Ê if known to the judgment creditor. If any of the information is not known, the affidavit must include a statement of that fact.] If the lien is against real property which the judgment debtor owns at the time the affidavit of judgment is recorded, the assessor’s parcel number and the address of the real property and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of that real property; and

     (d) If a manufactured home or mobile home is included within the lien, the location and serial number of the manufactured home or mobile home and a statement that the judgment creditor has confirmed that the judgment debtor is the legal owner of the manufactured home or mobile home.

Ê All information included in an affidavit of judgment recorded pursuant to this subsection must be based on the personal knowledge of the affiant, and not upon information and belief.

     5.  As used in this section:

     (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

     (b) “Mobile home” has the meaning ascribed to it in NRS 489.120.

     Sec. 2.  NRS 17.214 is hereby amended to read as follows:

     17.214  1.  A judgment creditor or a judgment creditor’s successor in interest may renew a judgment which has not been paid by:

     (a) Filing an affidavit with the clerk of the court where the judgment is entered and docketed, within 90 days before the date the judgment expires by limitation. The affidavit must be titled as an “Affidavit of Renewal of Judgment” and must specify:

           (1) The names of the parties and the name of the judgment creditor’s successor in interest, if any, and the source and succession of his or her title;

           (2) If the judgment is recorded, the name of the county and the document number or the number and the page of the book in which it is recorded;

           (3) The date and the amount of the judgment and the number and page of the docket in which it is entered;

           (4) Whether there is an outstanding writ of execution for enforcement of the judgment;

           (5) The date and amount of any payment on the judgment;

           (6) Whether there are any setoffs or counterclaims in favor of the judgment debtor and the amount or, if a setoff or counterclaim is unsettled or undetermined it will be allowed as payment or credit on the judgment;

           (7) The exact amount due on the judgment;

 


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

ê2011 Statutes of Nevada, Page 2410 (Chapter 388, SB 186)ê

 

           (8) If the judgment was docketed by the clerk of the court upon a certified copy from any other court, and an abstract recorded with the county clerk, the name of each county in which the transcript has been docketed and the abstract recorded; and

           (9) Any other fact or circumstance necessary to a complete disclosure of the exact condition of the judgment.

Ê All information in the affidavit must be based on the personal knowledge of the affiant, and not upon information and belief.

     (b) If the judgment is recorded, recording the affidavit of renewal in the office of the county recorder in which the original judgment is filed within 3 days after the affidavit of renewal is filed pursuant to paragraph (a).

     2.  The filing of the affidavit renews the judgment to the extent of the amount shown due in the affidavit.

     3.  The judgment creditor or the judgment creditor’s successor in interest shall notify the judgment debtor of the renewal of the judgment by sending a copy of the affidavit of renewal by certified mail, return receipt requested, to the judgment debtor at his or her last known address within 3 days after filing the affidavit.

     4.  Successive affidavits for renewal may be filed within 90 days before the preceding renewal of the judgment expires by limitation.

     Sec. 3.  NRS 141.010 is hereby amended to read as follows:

     141.010  1.  Letters testamentary, letters of administration with the will annexed, letters of special administration and letters of administration must be signed by the clerk and under the seal of the court.

     2.  If the estate of a decedent includes real property, a copy of the letters testamentary, letters of administration with the will annexed, letters of special administration or letters of administration, certified by the clerk of the court, must be recorded in the office of the recorder of each county in which real property of the estate is located. A cover sheet must be attached to the copy of the letters and:

     (a) Must contain:

           (1) The name and address of the administrator, executor or personal representative named in the letters;

           (2) The assessor’s parcel number and the address of the real property of the estate; and

           (3) If the estate includes a manufactured home or mobile home, the location and serial number of the manufactured home or mobile home.

     (b) May contain the telephone number of the administrator, executor or personal representative named in the letters.

     3.  As used in this section:

     (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

     (b) “Mobile home” has the meaning ascribed to it in NRS 489.120.

     Sec. 4.  NRS 159.087 is hereby amended to read as follows:

     159.087  1.  Not later than 60 days after the date of the appointment of a guardian of the estate, the guardian shall record, or cause to be recorded, in the [official records] office of the recorder of each county in which real property of the ward is located , [other than the county in which the guardian is appointed,] a copy, certified by the clerk of the court, of the letters of guardianship.

 


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

ê2011 Statutes of Nevada, Page 2411 (Chapter 388, SB 186)ê

 

     2.  The guardian shall attach, or cause to be attached, to the copy of the letters of guardianship recorded pursuant to subsection 1 a cover sheet containing:

     (a) The name, address and telephone number of the guardian;

     (b) The assessor’s parcel number and the address of the real property of the ward; and

     (c) If the estate of the ward includes a manufactured home or mobile home, the location and serial number of the manufactured home or mobile home.

     3.  As used in this section:

     (a) “Manufactured home” has the meaning ascribed to it in NRS 489.113.

     (b) “Mobile home” has the meaning ascribed to it in NRS 489.120.

     Sec. 5.  NRS 603A.040 is hereby amended to read as follows:

     603A.040  “Personal information” means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements, when the name and data elements are not encrypted:

     1.  Social security number.

     2.  Driver’s license number or identification card number.

     3.  Account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person’s financial account.

Ê The term does not include the last four digits of a social security number , the last four digits of a driver’s license number or the last four digits of an identification card number or publicly available information that is lawfully made available to the general public.

________

 


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

ê2011 Statutes of Nevada, Page 2412ê

 

CHAPTER 389, SB 204

Senate Bill No. 204–Senator Copening

 

CHAPTER 389

 

[Approved: June 15, 2011]

 

AN ACT relating to common-interest communities; enacting certain amendments to the Uniform Common-Interest Ownership Act; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law relating to common-interest communities is based on the Uniform Common-Interest Ownership Act (UCIOA), which was proposed by the Uniform Law Commission (ULC). (Chapter 116 of NRS) This bill enacts certain amendments to the UCIOA which have been proposed by the ULC.

       Sections 2, 40 and 41 of this bill prescribe the manner in which an association must provide notice of meetings of units’ owners and of the executive board and any other notice required to be given by an association other than notices relating to the foreclosure of a lien on a unit held by the association.

       Section 4 of this bill authorizes the executive board or any other person with an interest in the common-interest community to commence an action in the district court for the termination of a common-interest community if: (1) substantially all the units in the common-interest community have been destroyed or are uninhabitable; and (2) the available methods for giving notice of a meeting of units’ owners to consider termination are not likely to result in receipt of the notice.

       Sections 5 and 6 of this bill reorganize and reenact certain provisions of existing law relating to the indemnification of members of executive boards and the provision of equal space to opposing views in official publications under certain circumstances. Additionally, section 6 enacts provisions providing for equal time for candidates and representatives of ballot questions on a closed-circuit television station maintained by an association.

       Under existing law, the definitions applicable to laws relating to common-interest communities apply to the declarations and bylaws of associations. (NRS 116.003) Section 7 of this bill clarifies that those definitions apply to those declarations and bylaws.

       Sections 8-16 of this bill change certain definitions set forth in existing law to conform to the language of the UCIOA.

       Existing law provides that other principles of law, including, without limitation, the law of corporations and the law of unincorporated associations, supplement the existing law relating to common-interest communities. (NRS 116.1108) Section 18 of this bill provides that the laws governing other forms of organization supplement the existing law relating to common-interest communities.

       Sections 20-22 of this bill adopt the language of certain amendments to the UCIOA relating to the applicability of existing law governing common-interest communities. Section 21 also requires certain associations containing not more than 12 units to provide each unit with a copy of any changes made to the governing documents within 30 days after such changes are made.

       Sections 24-31 of this bill adopt the language of certain amendments to the UCIOA relating to the creation, alteration and termination of common-interest communities. Section 29 grants units’ owners the right to use the common elements for the purposes for which they were intended rather than granting an easement to use the common elements for all purposes. Section 30 amends provisions relating to requirements for amending the declaration of a common-interest community and to the enforcement of certain amendments. Section 31 amends the requirements for the termination of a common-interest community.

 


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

ê2011 Statutes of Nevada, Page 2413 (Chapter 389, SB 204)ê

 

       Sections 32-51 of this bill enact certain amendments to the UCIOA which relate to the governance of common-interest communities. Section 32 requires an association larger than 12 units to have an executive board and allows an association to be organized as any form of organization authorized by the law of this State. Section 33 allows the executive board not to take enforcement action if it determines that: (1) the law does not support such action; (2) the violation is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources; or (3) it is not in the best interest of the association to pursue an enforcement action. Section 34 provides that officers of the association and members of the executive board are subject to the conflict of interest rules which govern officers and directors of nonprofit corporations organized under the law of this State. Section 34.5 provides that if an association seeks to impose and enforce a construction penalty, the association must provide notice of the maximum allowable penalty and schedule in the public offering statement or resale package. Section 36 authorizes a declarant to end the period of declarant’s control by giving notice to units’ owners and recording an instrument stating that the declarant surrenders all rights to control activities of the association. Section 37 amends provisions relating to the removal of members of the executive board. Section 38 amends provisions relating to the termination of certain contracts entered into before the election of an executive board by units’ owners. Section 40 provides that the portion of a meeting of the units’ owners devoted to comments by units’ owners is limited to comments by units’ owners regarding any matter affecting the common-interest community or the association. Section 42 amends requirements for determining whether a quorum is present at a meeting of the executive board to provide that a majority of the votes on the executive board must be present at the time a vote is taken rather than at the beginning of the meeting. Section 43 authorizes units’ owners to vote by absentee ballot at a meeting of the units’ owners. Section 44 provides that a unit’s owner is not liable, by reason of being a unit’s owner, for injuries or damage arising out of the condition or use of the common elements. Sections 45 and 59.5 of this bill require an association to obtain crime insurance and remove the requirement that a community manager post a bond. Section 45 also requires the association to maintain property, liability and crime insurance subject to reasonable deductibles. Section 48 amends provisions relating to common expenses caused by a unit’s owner, a tenant or an invitee of a unit’s owner or tenant. Section 49 authorizes a court to appoint a receiver when an association brings an action to foreclose a lien or collect assessments. Sections 51 and 60 amend provisions relating to the books and records of an association and the inspection of such books and records by units’ owners.

       Sections 52-58 of this bill enact certain amendments to the UCIOA which relate to the disclosures provided to purchasers of real estate located in a common-interest community and the warranties applicable to real estate located in a common-interest community. Section 52 exempts the disposition of a unit restricted to nonresidential purposes from the requirement to provide a public offering statement or certificate of resale. Section 53 amends the information required to be included in the public offering statement provided to an initial purchaser of a unit.

 

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 116 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

     Sec. 2.  1.  Except as otherwise provided in subsection 3, an association shall deliver any notice required to be given by the association under this chapter to any mailing or electronic mail address a unit’s owner designates. Except as otherwise provided in subsection 3, if a unit’s owner has not designated a mailing or electronic mail address to which a notice must be delivered, the association may deliver notices by:

 


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

ê2011 Statutes of Nevada, Page 2414 (Chapter 389, SB 204)ê

 

has not designated a mailing or electronic mail address to which a notice must be delivered, the association may deliver notices by:

     (a) Hand delivery to each unit’s owner;

     (b) Hand delivery, United States mail, postage paid, or commercially reasonable delivery service to the mailing address of each unit;

     (c) Electronic means, if the unit’s owner has given the association an electronic mail address; or

     (d) Any other method reasonably calculated to provide notice to the unit’s owner.

     2.  The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting.

     3.  The provisions of this section do not apply:

     (a) To a notice required to be given pursuant to NRS 116.3116 to 116.31168, inclusive; or

     (b) If any other provision of this chapter specifies the manner in which a notice must be given by an association.

     Sec. 3.  This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

     Sec. 4.  If substantially all the units in a common-interest community have been destroyed or are uninhabitable and the available methods for giving notice under NRS 116.3108 of a meeting of units’ owners to consider termination under NRS 116.2118 will not likely result in receipt of the notice, the executive board or any other person holding an interest in the common-interest community may commence an action in the district court of the county in which the common-interest community is located seeking to terminate the common-interest community. During the pendency of the action, the court may issue whatever orders it considers appropriate, including, without limitation, an order for the appointment of a receiver. After a hearing, the court may terminate the common-interest community or reduce its size and may issue any other order the court considers to be in the best interest of the units’ owners and persons holding an interest in the common-interest community.

     Sec. 5.  If a member of an executive board is named as a respondent or sued for liability for actions undertaken in his or her role as a member of the board, the association shall indemnify the member for his or her losses or claims, and undertake all costs of defense, unless it is proven that the member acted with willful or wanton misfeasance or with gross negligence. After such proof, the association is no longer liable for the cost of defense, and may recover costs already expended from the member of the executive board who so acted.

     Sec. 6.  1.  If an official publication contains any mention of a candidate or ballot question, the official publication must, upon request and under the same terms and conditions, provide equal space to all candidates or to a representative of an organization which supports the passage or defeat of the ballot question.

     2.  If an official publication contains the views or opinions of the association, the executive board, a community manager or an officer, employee or agent of an association concerning an issue of official interest, the official publication must, upon request and under the same terms and conditions, provide equal space to opposing views and opinions of a unit’s owner of the common-interest community.

 


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

ê2011 Statutes of Nevada, Page 2415 (Chapter 389, SB 204)ê

 

interest, the official publication must, upon request and under the same terms and conditions, provide equal space to opposing views and opinions of a unit’s owner of the common-interest community.

     3.  If an association has a closed-circuit television station and that station interviews, or provides time to, a candidate or a representative of an organization which supports the passage or defeat of a ballot question, the closed-circuit television station must, under the same terms and conditions, allow equal time for all candidates or a representative of an opposing view to the ballot question.

     4.  The association and its 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 subsection 1, 2 or 3.

     5.  As used in this section:

     (a) “Issue of official interest” means:

           (1) Any issue on which the executive board or the units’ owners will be voting, including, without limitation, elections; and

           (2) The enactment or adoption of rules or regulations that will affect the common-interest community.

     (b) “Official publication” means:

           (1) An official website;

           (2) An official newsletter or other similar publication that is circulated to each unit’s owner; or

           (3) An official bulletin board that is available to each unit’s owner.

     Sec. 7.  NRS 116.003 is hereby amended to read as follows:

     116.003  As used in this chapter and in the declaration and bylaws of an association, [unless the context otherwise requires,] the words and terms defined in NRS 116.005 to 116.095, inclusive, have the meanings ascribed to them in those sections.

     Sec. 8.  NRS 116.007 is hereby amended to read as follows:

     116.007  [1.]  “Affiliate of a declarant” means any person who controls, is controlled by or is under common control with a declarant.

     [2.] For purposes of this section:

     1.  A person [“controls”] controls a declarant if the person:

     (a) Is a general partner, officer, director or employer of the declarant;

     (b) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote or holds proxies representing, more than 20 percent of the voting interest in the declarant;

     (c) Controls in any manner the election of a majority of the directors of the declarant; or

     (d) Has contributed more than 20 percent of the capital of the declarant.

     [3.] 2.  A person [“is] is controlled [by”] by a declarant if the declarant:

     (a) Is a general partner, officer, director or employer of the person;

     (b) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote or holds proxies representing, more than 20 percent of the voting interest in the person;

     (c) Controls in any manner the election of a majority of the directors of the person; or

 


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

ê2011 Statutes of Nevada, Page 2416 (Chapter 389, SB 204)ê

 

     (d) Has contributed more than 20 percent of the capital of the person.

     [4.] 3.  Control does not exist if the powers described in this section are held solely as security for an obligation and are not exercised.

     Sec. 9.  NRS 116.009 is hereby amended to read as follows:

     116.009  “Allocated interests” means the following interests allocated to each unit:

     1.  In a condominium, the undivided interest in the common elements, the liability for common expenses, and votes in the association;

     2.  In a cooperative, the liability for common expenses , [and] the ownership interest and votes in the association; and

     3.  In a planned community, the liability for common expenses and votes in the association.

     Sec. 10.  NRS 116.017 is hereby amended to read as follows:

     116.017  “Common elements” means:

     1.  In [a] the case of:

     (a) A condominium or cooperative, all portions of the common-interest community other than the units, including easements in favor of units or the common elements over other units . [; and

     2.  In a]

     (b) A planned community, any real estate within [the] a planned community which is owned or leased by the association, other than a unit.

     2.  In all common-interest communities, any other interests in real estate for the benefit of units’ owners which are subject to the declaration.

     Sec. 11.  NRS 116.035 is hereby amended to read as follows:

     116.035  “Declarant” means any person or group of persons acting in concert who:

     1.  As part of a common promotional plan, offers to dispose of [his or her or its] the interest of the person or group of persons in a unit not previously disposed of; or

     2.  Reserves or succeeds to any special declarant’s right.

     Sec. 12.  NRS 116.045 is hereby amended to read as follows:

     116.045  “Executive board” means the body, regardless of name, designated in the declaration or bylaws to act on behalf of the association.

     Sec. 13.  NRS 116.079 is hereby amended to read as follows:

     116.079  “Purchaser” means a person, other than a declarant or a dealer, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than [a] :

     1.  A leasehold interest, including options to renew, of less than 20 years [, or as] ; or

     2.  As security for an obligation.

     Sec. 14.  NRS 116.081 is hereby amended to read as follows:

     116.081  “Real estate” means any leasehold or other estate or interest in, over or under land, including structures, fixtures and other improvements and interests that by custom, usage or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. [“Real estate”] The term includes parcels with or without upper or lower boundaries and spaces that may be filled with air or water.

     Sec. 15.  NRS 116.089 is hereby amended to read as follows:

     116.089  “Special declarant’s rights” means rights reserved for the benefit of a declarant to:

 


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

ê2011 Statutes of Nevada, Page 2417 (Chapter 389, SB 204)ê

 

     1.  Complete improvements indicated on plats or in the declaration [(NRS 116.2109)] or, in a cooperative, to complete improvements described in the public offering statement pursuant to paragraph (b) of subsection [2] 1 of NRS 116.4103;

     2.  Exercise any developmental right ; [(NRS 116.211);]

     3.  Maintain sales offices, management offices, signs advertising the common-interest community and models ; [(NRS 116.2115);]

     4.  Use easements through the common elements for the purpose of making improvements within the common-interest community or within real estate which may be added to the common-interest community ; [(NRS 116.2116);]

     5.  Make the common-interest community subject to a master association ; [(NRS 116.212);]

     6.  Merge or consolidate a common-interest community with another common-interest community of the same form of ownership ; [(NRS 116.2121);] or

     7.  Appoint or remove any officer of the association or any master association or any member of an executive board during any period of declarant’s control . [(NRS 116.31032).]

     Sec. 16.  NRS 116.095 is hereby amended to read as follows:

     116.095  “Unit’s owner” means a declarant or other person who owns a unit, or a lessee of a unit in a leasehold common-interest community whose lease expires simultaneously with any lease the expiration or termination of which will remove the unit from the common-interest community, but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person. In a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated [(NRS 116.2107)] until that unit has been conveyed to another person.

     Sec. 17.  NRS 116.1104 is hereby amended to read as follows:

     116.1104  Except as expressly provided in this chapter, its provisions may not be varied by agreement, and rights conferred by it may not be waived. [A] Except as otherwise provided in paragraph (b) of subsection 2 of NRS 116.12075, a declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.

     Sec. 18.  NRS 116.1108 is hereby amended to read as follows:

     116.1108  The principles of law and equity, including the law of corporations [,] and any other form of organization authorized by law of this State, the law of unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.

     Sec. 19.  NRS 116.1114 is hereby amended to read as follows:

     116.1114  [1.]  The remedies provided by this chapter must be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. Consequential, special or punitive damages may not be awarded except as specifically provided in this chapter or by other rule of law.

 


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

ê2011 Statutes of Nevada, Page 2418 (Chapter 389, SB 204)ê

 

     [2.  Any right or obligation declared by this chapter is enforceable by judicial proceeding.]

     Sec. 20.  NRS 116.1201 is hereby amended to read as follows:

     116.1201  1.  Except as otherwise provided in this section and NRS 116.1203, this chapter applies to all common-interest communities created within this State.

     2.  This chapter does not apply to:

     (a) A limited-purpose association, except that a limited-purpose association:

           (1) Shall pay the fees required pursuant to NRS 116.31155, except that if the limited-purpose association is created for a rural agricultural residential common-interest community, the limited-purpose association is not required to pay the fee unless the association intends to use the services of the Ombudsman;

           (2) Shall register with the Ombudsman pursuant to NRS 116.31158;

           (3) Shall comply with the provisions of:

                (I) NRS 116.31038;

                (II) NRS 116.31083 and 116.31152, unless the limited-purpose association is created for a rural agricultural residential common-interest community;

                (III) NRS 116.31073, if the limited-purpose association is created for maintaining the landscape of the common elements of the common-interest community; and

                (IV) NRS 116.31075, if the limited-purpose association is created for a rural agricultural residential common-interest community;

           (4) Shall comply with the provisions of NRS 116.4101 to 116.412, inclusive, as required by the regulations adopted by the Commission pursuant to paragraph (b) of subsection 5; and

           (5) Shall not enforce any restrictions concerning the use of units by the units’ owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

     (b) A planned community in which all units are restricted exclusively to nonresidential use unless the declaration provides that this chapter or a part of this chapter does apply to that planned community pursuant to NRS 116.12075. This chapter applies to a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted only if the declaration so provides or if the real estate comprising the units that may be used for residential purposes would be a planned community in the absence of the units that may not be used for residential purposes.

     (c) Common-interest communities or units located outside of this State, but [the provisions of] NRS 116.4102 [to 116.4108,] and 116.4103, and, to the extent applicable, NRS 116.41035 to 116.4107, inclusive, apply to [all contracts] a contract for the disposition [thereof] of a unit in that common-interest community signed in this State by any party unless exempt under subsection 2 of NRS 116.4101.

     (d) A common-interest community that was created before January 1, 1992, is located in a county whose population is less than 50,000, and has less than 50 percent of the units within the community put to residential use, unless a majority of the units’ owners otherwise elect in writing.

     (e) Except as otherwise provided in this chapter, time shares governed by the provisions of chapter 119A of NRS.

 


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

ê2011 Statutes of Nevada, Page 2419 (Chapter 389, SB 204)ê

 

     3.  The provisions of this chapter do not:

     (a) Prohibit a common-interest community created before January 1, 1992, from providing for separate classes of voting for the units’ owners;

     (b) Require a common-interest community created before January 1, 1992, to comply with the provisions of NRS 116.2101 to 116.2122, inclusive;

     (c) Invalidate any assessments that were imposed on or before October 1, 1999, by a common-interest community created before January 1, 1992;

     (d) Except as otherwise provided in subsection 8 of NRS 116.31105, prohibit a common-interest community created before January 1, 1992, or a common-interest community described in NRS 116.31105 from providing for a representative form of government, except that, in the election or removal of a member of the executive board, the voting rights of the units’ owners may not be exercised by delegates or representatives;

     (e) Prohibit a master association which governs a time-share plan created pursuant to chapter 119A of NRS from providing for a representative form of government for the time-share plan; or

     (f) Prohibit a master association which governs a planned community containing both units that are restricted exclusively to nonresidential use and other units that are not so restricted and which is exempt from the provisions of this chapter pursuant to paragraph (b) of subsection 2 from providing for a representative form of government.

     4.  The provisions of chapters 117 and 278A of NRS do not apply to common-interest communities.

     5.  The Commission shall establish, by regulation:

     (a) The criteria for determining whether an association, a limited-purpose association or a common-interest community satisfies the requirements for an exemption or limited exemption from any provision of this chapter; and

     (b) The extent to which a limited-purpose association must comply with the provisions of NRS 116.4101 to 116.412, inclusive.

     6.  As used in this section, “limited-purpose association” means an association that:

     (a) Is created for the limited purpose of maintaining:

           (1) The landscape of the common elements of a common-interest community;

           (2) Facilities for flood control; or

           (3) A rural agricultural residential common-interest community; and

     (b) Is not authorized by its governing documents to enforce any restrictions concerning the use of units by units’ owners, unless the limited-purpose association is created for a rural agricultural residential common-interest community.

     Sec. 21.  NRS 116.1203 is hereby amended to read as follows:

     116.1203  1.  Except as otherwise provided in [subsection 2,] subsections 2 and 3, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.

     2.  The provisions of NRS 116.12065 and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that the definitions are necessary to construe any of those provisions, apply to a residential planned community containing more than 6 units.

 


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

ê2011 Statutes of Nevada, Page 2420 (Chapter 389, SB 204)ê

 

     3.  Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and sections 5 and 6 of this act and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than [six] 6 units.

     Sec. 22.  NRS 116.1206 is hereby amended to read as follows:

     116.1206  1.  Any provision contained in a declaration, bylaw or other governing document of a common-interest community that violates the provisions of this chapter:

     (a) Shall be deemed to conform with those provisions by operation of law, and any such declaration, bylaw or other governing document is not required to be amended to conform to those provisions.

     (b) Is superseded by the provisions of this chapter, regardless of whether the provision contained in the declaration, bylaw or other governing document became effective before the enactment of the provision of this chapter that is being violated.

     2.  In the case of amendments to the declaration, bylaws or plats of any common-interest community created before January 1, 1992:

     (a) If the result accomplished by the amendment was permitted by law before January 1, 1992, the amendment may be made either in accordance with that law, in which case that law applies to that amendment, or it may be made under this chapter; and

     (b) If the result accomplished by the amendment is permitted by this chapter, and was not permitted by law before January 1, 1992, the amendment may be made under this chapter.

     3.  An amendment to the declaration, bylaws or plats authorized by this section to be made under this chapter must be adopted in conformity with the applicable provisions of chapter 117 or 278A of NRS and , except as otherwise provided in subsection 8 of NRS 116.2117, with the procedures and requirements specified by those instruments. If an amendment grants to [any] a person [any rights, powers or privileges] a right, power or privilege permitted by this chapter, [all] any correlative [obligations, liabilities and restrictions] obligation, liability or restriction in this chapter also [apply to that] applies to the person.

     Sec. 23.  NRS 116.12075 is hereby amended to read as follows:

     116.12075  1.  The provisions of this chapter do not apply to a nonresidential condominium except to the extent that the declaration for the nonresidential condominium provides that:

     (a) This entire chapter applies to the condominium;

     (b) Only the provisions of NRS 116.001 to 116.2122, inclusive, and 116.3116 to 116.31168, inclusive, apply to the condominium; or

     (c) Only the provisions of NRS 116.3116 to 116.31168, inclusive, apply to the condominium.

     2.  If this entire chapter applies to a nonresidential condominium, the declaration may also require, subject to NRS 116.1112, that:

     (a) Notwithstanding NRS 116.3105, any management, maintenance operations or employment contract, lease of recreational or parking areas or facilities and any other contract or lease between the association and a declarant or an affiliate of a declarant continues in force after the declarant turns over control of the association; and

 


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

ê2011 Statutes of Nevada, Page 2421 (Chapter 389, SB 204)ê

 

     (b) Notwithstanding NRS 116.1104 and subsection [2] 3 of NRS 116.311, purchasers of units must execute proxies, powers of attorney or similar devices in favor of the declarant regarding particular matters enumerated in those instruments.

     Sec. 24.  NRS 116.2103 is hereby amended to read as follows:

     116.2103  1.  The inclusion in a governing document of an association of a provision that violates any provision of this chapter does not render any other provisions of the governing document invalid or otherwise unenforceable if the other provisions can be given effect in accordance with their original intent and the provisions of this chapter.

     2.  The rule against perpetuities and NRS 111.103 to 111.1039, inclusive, do not apply to defeat any provision of the declaration, bylaws, rules or regulations adopted pursuant to NRS 116.3102.

     3.  [In the event of] If a conflict exists between [the provisions of] the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.

     4.  Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure impairs marketability is not affected by this chapter.

     Sec. 25.  NRS 116.2105 is hereby amended to read as follows:

     116.2105  1.  The declaration must contain:

     (a) The names of the common-interest community and the association and a statement that the common-interest community is either a condominium, cooperative or planned community;

     (b) The name of every county in which any part of the common-interest community is situated;

     (c) A legally sufficient description of the real estate included in the common-interest community;

     (d) A statement of the maximum number of units that the declarant reserves the right to create;

     (e) In a condominium or planned community, a description of the boundaries of each unit created by the declaration, including the unit’s identifying number or, in a cooperative, a description, which may be by plats, of each unit created by the declaration, including the unit’s identifying number, its size or number of rooms, and its location within a building if it is within a building containing more than one unit;

     (f) A description of any limited common elements, other than those specified in subsections 2 and 4 of NRS 116.2102, as provided in paragraph (g) of subsection 2 of NRS 116.2109 and, in a planned community, any real estate that is or must become common elements;

     (g) A description of any real estate, except real estate subject to developmental rights, that may be allocated subsequently as limited common elements, other than limited common elements specified in subsections 2 and 4 of NRS 116.2102, together with a statement that they may be so allocated;

     (h) A description of any developmental rights and other special declarant’s rights reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights must be exercised;

     (i) If any developmental right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with:

 


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

ê2011 Statutes of Nevada, Page 2422 (Chapter 389, SB 204)ê

 

           (1) Either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each developmental right or a statement that no assurances are made in those regards; and

           (2) A statement whether, if any developmental right is exercised in any portion of the real estate subject to that developmental right, that developmental right must be exercised in all or in any other portion of the remainder of that real estate;

     (j) Any other conditions or limitations under which the rights described in paragraph (h) may be exercised or will lapse;

     (k) An allocation to each unit of the allocated interests in the manner described in NRS 116.2107;

     (l) Any restrictions:

           (1) On use, occupancy and alienation of the units; and

           (2) On the amount for which a unit may be sold or on the amount that may be received by a unit’s owner on sale, condemnation or casualty to the unit or to the common-interest community, or on termination of the common-interest community;

     (m) The file number and book or other information [to show where] for recorded easements and licenses [are recorded] appurtenant to or included in the common-interest community or to which any portion of the common-interest community is or may become subject by virtue of a reservation in the declaration; and

     (n) All matters required by NRS 116.2106 to 116.2109, inclusive, 116.2115, 116.2116 and 116.31032.

     2.  The declaration may contain any other matters the declarant considers appropriate.

     Sec. 26.  NRS 116.2106 is hereby amended to read as follows:

     116.2106  1.  Any lease the expiration or termination of which may terminate the common-interest community or reduce its size must be recorded. Every lessor of those leases in a condominium or planned community shall sign the declaration. The declaration must state:

     (a) The recording data [where] for the lease [is] or a statement of where the recorded [;] lease may be inspected;

     (b) The date on which the lease is scheduled to expire;

     (c) A legally sufficient description of the real estate subject to the lease;

     (d) Any right of the units’ owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights;

     (e) Any right of the units’ owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and

     (f) Any rights of the units’ owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.

     2.  After the declaration for a leasehold condominium or leasehold planned community is recorded, neither the lessor nor the lessor’s successor in interest may terminate the leasehold interest of a unit’s owner who makes timely payment of his or her share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. The leasehold interest of a unit’s owner in a condominium or planned community is not affected by failure of any other person to pay rent or fulfill any other covenant.

 


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

ê2011 Statutes of Nevada, Page 2423 (Chapter 389, SB 204)ê

 

     3.  Acquisition of the leasehold interest of any unit’s owner by the owner of the reversion or remainder does not merge the leasehold and freehold interests unless the leasehold interests of all units’ owners subject to that reversion or remainder are acquired.

     4.  If the expiration or termination of a lease decreases the number of units in a common-interest community, the allocated interests must be reallocated in accordance with subsection 1 of NRS 116.1107 as if those units had been taken by eminent domain. Reallocations must be confirmed by an amendment to the declaration prepared, executed and recorded by the association.

     Sec. 27.  NRS 116.2107 is hereby amended to read as follows:

     116.2107  1.  The declaration must allocate to each unit:

     (a) In a condominium, a fraction or percentage of undivided interests in the common elements and in the common expenses of the association , [(NRS 116.3115)] and a portion of the votes in the association;

     (b) In a cooperative, a proportionate ownership in the association, a fraction or percentage of the common expenses of the association [(NRS 116.3115)] and a portion of the votes in the association; and

     (c) In a planned community, a fraction or percentage of the common expenses of the association [(NRS 116.3115)] and a portion of the votes in the association.

     2.  The declaration must state the formulas used to establish allocations of interests. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.

     3.  If units may be added to or withdrawn from the common-interest community, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the common-interest community after the addition or withdrawal.

     4.  The declaration may provide:

     (a) That different allocations of votes are made to the units on particular matters specified in the declaration;

     (b) For cumulative voting only for the purpose of electing members of the executive board; and

     (c) For class voting on specified issues affecting the class if necessary to protect valid interests of the class.

Ê Except as otherwise provided in NRS 116.31032, a declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter nor may units constitute a class because they are owned by a declarant.

     5.  Except for minor variations because of rounding, the sum of the liabilities for common expenses and, in a condominium, the sum of the undivided interests in the common elements allocated at any time to all the units must each equal one if stated as a fraction or 100 percent if stated as a percentage. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

     6.  In a condominium, the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void.

 


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

ê2011 Statutes of Nevada, Page 2424 (Chapter 389, SB 204)ê

 

     7.  In a cooperative, any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.

     Sec. 28.  NRS 116.2113 is hereby amended to read as follows:

     116.2113  1.  If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to [the provisions of] the declaration and [other provisions of] law [,] other than this chapter, upon application of the unit’s owner to subdivide a unit, the association shall prepare, execute and record an amendment to the declaration, including , in a condominium or planned community , the plats, subdividing that unit.

     2.  The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit [.] or on any other basis the declaration requires.

     Sec. 29.  NRS 116.2116 is hereby amended to read as follows:

     116.2116  1.  Subject to [the provisions of] the declaration, a declarant has an easement through the common elements as may be reasonably necessary to discharge the declarant’s obligations or exercise special declarant’s rights, whether arising under this chapter or reserved in the declaration.

     2.  [In a planned community, subject to the provisions of] Subject to paragraph (f) of subsection 1 of NRS 116.3102 and NRS 116.3112, the units’ owners have an easement [:

     (a) In] in the common elements for purposes of access to their units . [; and

     (b) To]

     3.  Subject to the declaration and any rules adopted by the association, the units’ owners have a right to use the common elements that are not limited common elements and all real estate that must become common elements [(paragraph (f) of subsection 1 of NRS 116.2105) for all other] for the purposes [.] for which they were intended.

     [3.] 4.  Unless the terms of an easement in favor of an association prohibit a residential use of a servient estate, if the owner of the servient estate has obtained all necessary approvals required by law or any covenant, condition or restriction on the property, the owner may use such property in any manner authorized by law without obtaining any additional approval from the association. Nothing in this subsection authorizes an owner of a servient estate to impede the lawful and contractual use of the easement.

     [4.] 5.  The provisions of subsection [3] 4 do not abrogate any easement, restrictive covenant, decision of a court, agreement of a party or any contract, governing document or declaration of covenants, conditions and restrictions, or any other decision, rule or regulation that a local governing body or other entity that makes decisions concerning land use or planning is authorized to make or enact that exists before October 1, 1999, including, without limitation, a zoning ordinance, permit or approval process or any other requirement of a local government or other entity that makes decisions concerning land use or planning.

     Sec. 30.  NRS 116.2117 is hereby amended to read as follows:

     116.2117  1.  Except as otherwise provided in NRS 116.21175, and except in cases of amendments that may be executed by a declarant under subsection 5 of NRS 116.2109 or NRS 116.211, or by the association under NRS 116.1107, 116.2106, subsection 3 of NRS 116.2108, subsection 1 of NRS 116.2112 or NRS 116.2113, or by certain units’ owners under subsection 2 of NRS 116.2108, subsection 1 of NRS 116.2112, subsection 2 of NRS 116.2113 or subsection 2 of NRS 116.2118, and except as otherwise limited by [subsection] subsections 4, 7 and 8, the declaration, including any plats, may be amended only by vote or agreement of units’ owners of units to which at least a majority of the votes in the association are allocated, [or any larger majority] unless the declaration specifies [.

 


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

ê2011 Statutes of Nevada, Page 2425 (Chapter 389, SB 204)ê

 

subsection 5 of NRS 116.2109 or NRS 116.211, or by the association under NRS 116.1107, 116.2106, subsection 3 of NRS 116.2108, subsection 1 of NRS 116.2112 or NRS 116.2113, or by certain units’ owners under subsection 2 of NRS 116.2108, subsection 1 of NRS 116.2112, subsection 2 of NRS 116.2113 or subsection 2 of NRS 116.2118, and except as otherwise limited by [subsection] subsections 4, 7 and 8, the declaration, including any plats, may be amended only by vote or agreement of units’ owners of units to which at least a majority of the votes in the association are allocated, [or any larger majority] unless the declaration specifies [. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.] a different percentage for all amendments or for specified subjects of amendment. If the declaration requires the approval of another person as a condition of its effectiveness, the amendment is not valid without that approval.

     2.  No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than 1 year after the amendment is recorded.

     3.  Every amendment to the declaration must be recorded in every county in which any portion of the common-interest community is located and is effective only upon recordation. An amendment, except an amendment pursuant to NRS 116.2112, must be indexed in the grantee’s index in the name of the common-interest community and the association and in the grantor’s index in the name of the parties executing the amendment.

     4.  Except to the extent expressly permitted or required by other provisions of this chapter, no amendment may change the boundaries of any unit [or] , change the allocated interests of a unit or change the uses to which any unit is restricted, in the absence of unanimous consent of [the] only those units’ owners whose units are affected and the consent of a majority of the owners of the remaining units.

     5.  Amendments to the declaration required by this chapter to be recorded by the association must be prepared, executed, recorded and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

     6.  An amendment to the declaration which prohibits or materially restricts the permitted uses of a unit or the number or other qualifications of persons who may occupy units may not be enforced against a unit’s owner who was the owner of the unit on the date of the recordation of the amendment as long as the unit’s owner remains the owner of that unit.

     7.  A provision in the declaration creating special declarant’s rights that have not expired may not be amended without the consent of the declarant.

     8.  If any provision of this chapter or of the declaration requires the consent of a holder of a security interest in a unit, or an insurer or guarantor of such interest, as a condition to the effectiveness of an amendment to the declaration, that consent is deemed granted if:

     (a) The holder, insurer or guarantor has not requested, in writing, notice of any proposed amendment; or

     (b) Notice of any proposed amendment is required or has been requested and a written refusal to consent is not received by the association within 60 days after the association delivers notice of the proposed amendment to the holder, insurer or guarantor, by certified mail, return receipt requested, to the address for notice provided by the holder, insurer or guarantor in a prior written request for notice.

 


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

ê2011 Statutes of Nevada, Page 2426 (Chapter 389, SB 204)ê

 

amendment to the holder, insurer or guarantor, by certified mail, return receipt requested, to the address for notice provided by the holder, insurer or guarantor in a prior written request for notice.

     Sec. 31.  NRS 116.2118 is hereby amended to read as follows:

     116.2118  1.  Except in the case of a taking of all the units by eminent domain , [(NRS 116.1107) or] in the case of foreclosure against an entire cooperative of a security interest that has priority over the declaration, or in the circumstances described in section 4 of this act, a common-interest community may be terminated only by agreement of units’ owners to whom at least 80 percent of the votes in the association are allocated, or any larger percentage the declaration specifies [.] , and with any other approvals required by the declaration. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses.

     2.  An agreement to terminate must be evidenced by the execution of an agreement to terminate, or ratifications thereof, in the same manner as a deed, by the requisite number of units’ owners. The agreement must specify a date after which the agreement will be void unless it is recorded before that date. An agreement to terminate and all ratifications thereof must be recorded in every county in which a portion of the common-interest community is situated and is effective only upon recordation.

     3.  In the case of a condominium or planned community containing only units having horizontal boundaries described in the declaration, an agreement to terminate may provide that all of the common elements and units of the common-interest community must be sold following termination. If, pursuant to the agreement, any real estate in the common-interest community is to be sold following termination, the agreement must set forth the minimum terms of the sale.

     4.  In the case of a condominium or planned community containing any units not having horizontal boundaries described in the declaration, an agreement to terminate may provide for sale of the common elements, but it may not require that the units be sold following termination, unless the declaration as originally recorded provided otherwise or all the units’ owners consent to the sale.

     5.  The association, on behalf of the units’ owners, may contract for the sale of real estate in a common-interest community, but the contract is not binding on the units’ owners until approved pursuant to subsections 1 and 2. If any real estate is to be sold following termination, title to that real estate, upon termination, vests in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to units’ owners and lienholders as their interests may appear, in accordance with NRS 116.21183 and 116.21185. Unless otherwise specified in the agreement to terminate, as long as the association holds title to the real estate, each unit’s owner and his or her successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit. During the period of that occupancy, each unit’s owner and his or her successors in interest remain liable for all assessments and other obligations imposed on units’ owners by this chapter or the declaration.

 


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

ê2011 Statutes of Nevada, Page 2427 (Chapter 389, SB 204)ê

 

     6.  In a condominium or planned community, if the real estate constituting the common-interest community is not to be sold following termination, title to the common elements and, in a common-interest community containing only units having horizontal boundaries described in the declaration, title to all the real estate in the common-interest community, vests in the units’ owners upon termination as tenants in common in proportion to their respective interests as provided in NRS 116.21185, and liens on the units shift accordingly. While the tenancy in common exists, each unit’s owner and his or her successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted the unit.

     7.  Following termination of the common-interest community, the proceeds of [any] a sale of real estate, together with the assets of the association, are held by the association as trustee for units’ owners and holders of liens on the units as their interests may appear.

     Sec. 32.  NRS 116.3101 is hereby amended to read as follows:

     116.3101  1.  A unit-owners’ association must be organized no later than the date the first unit in the common-interest community is conveyed.

     2.  The membership of the association at all times consists exclusively of all units’ owners or, following termination of the common-interest community, of all owners of former units entitled to distributions of proceeds under NRS 116.2118, 116.21183 and 116.21185, or their heirs, successors or assigns.

     3.  Except for a residential planned community containing not more than 12 units, the association must have an executive board.

     4.  The association must:

     (a) Be organized as a profit or nonprofit corporation, association, limited-liability company, trust , [or] partnership [;] or any other form of organization authorized by the law of this State;

     (b) Include in its articles of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents of organization, or any amendment thereof, that the purpose of the corporation, association, limited-liability company, trust or partnership is to operate as an association pursuant to this chapter;

     (c) Contain in its name the words “common-interest community,” “community association,” “master association,” “homeowners’ association” or “unit-owners’ association”; and

     (d) Comply with the applicable provisions of chapters 78, 81, 82, 86, 87, 87A, 88 and 88A of NRS when filing with the Secretary of State its articles of incorporation, articles of association, articles of organization, certificate of registration, certificate of limited partnership, certificate of trust or other documents of organization, or any amendment thereof.

     Sec. 33.  NRS 116.3102 is hereby amended to read as follows:

     116.3102  1.  Except as otherwise provided in this [section,] chapter, and subject to the provisions of the declaration, the association : [may do any or all of the following:]

     (a) [Adopt] Shall adopt and , except as otherwise provided in the bylaws, may amend bylaws [,] and may adopt and amend rules and regulations.

 


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

ê2011 Statutes of Nevada, Page 2428 (Chapter 389, SB 204)ê

 

     (b) [Adopt] Shall adopt and may amend budgets [for revenues, expenditures and reserves and] in accordance with the requirements set forth in NRS 116.31151, may collect assessments for common expenses from the units’ owners [.] and may invest funds of the association in accordance with the requirements set forth in NRS 116.311395.

     (c) [Hire] May hire and discharge managing agents and other employees, agents and independent contractors.

     (d) [Institute,] May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the common-interest community.

     (e) [Make] May make contracts and incur liabilities. Any contract between the association and a private entity for the furnishing of goods or services must not include a provision granting the private entity the right of first refusal with respect to extension or renewal of the contract.

     (f) [Regulate] May regulate the use, maintenance, repair, replacement and modification of common elements.

     (g) [Cause] May cause additional improvements to be made as a part of the common elements.

     (h) [Acquire,] May acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:

           (1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112; and

           (2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112.

     (i) [Grant] May grant easements, leases, licenses and concessions through or over the common elements.

     (j) [Impose] May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to the units’ owners, including, without limitation, any services provided pursuant to NRS 116.310312.

     (k) [Impose] May impose charges for late payment of assessments pursuant to NRS 116.3115.

     (l) [Impose] May impose construction penalties when authorized pursuant to NRS 116.310305.

     (m) [Impose] May impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116.31031.

     (n) [Impose] May impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109, for preparing and furnishing the documents and certificate required by that section.

     (o) [Provide] May provide for the indemnification of its officers and executive board and maintain [directors’ and officers’] directors and officers liability insurance.

     (p) [Assign] May assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides.

 


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

ê2011 Statutes of Nevada, Page 2429 (Chapter 389, SB 204)ê

 

     (q) [Exercise] May exercise any other powers conferred by the declaration or bylaws.

     (r) [Exercise] May exercise all other powers that may be exercised in this State by legal entities of the same type as the association.

     (s) [Direct] May direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

           (1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

           (2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.

     (t) [Exercise] May exercise any other powers necessary and proper for the governance and operation of the association.

     2.  The declaration may not [impose limitations on] limit the power of the association to deal with the declarant [which are] if the limit is more restrictive than the [limitations] limit imposed on the power of the association to deal with other persons.

     3.  The executive board may determine whether to take enforcement action by exercising the association’s power to impose sanctions or commence an action for a violation of the declaration, bylaws or rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it. The executive board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

     (a) The association’s legal position does not justify taking any or further enforcement action;

     (b) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with current law;

     (c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources; or

     (d) It is not in the association’s best interests to pursue an enforcement action.

     4.  The executive board’s decision under subsection 3 not to pursue enforcement under one set of circumstances does not prevent the executive board from taking enforcement action under another set of circumstances, but the executive board may not be arbitrary or capricious in taking enforcement action.

     5.  Notwithstanding any provision of this chapter or the governing documents to the contrary, an association may not impose any assessment pursuant to this chapter or the governing documents on the owner of any property in the common-interest community that is exempt from taxation pursuant to NRS 361.125. For the purposes of this subsection, “assessment” does not include any charge for any utility services, including, without limitation, telecommunications, broadband communications, cable television, electricity, natural gas, sewer services, garbage collection, water or for any other service which is delivered to and used or consumed directly by the property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.

 


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

ê2011 Statutes of Nevada, Page 2430 (Chapter 389, SB 204)ê

 

limitation, telecommunications, broadband communications, cable television, electricity, natural gas, sewer services, garbage collection, water or for any other service which is delivered to and used or consumed directly by the property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.

     Sec. 34.  NRS 116.3103 is hereby amended to read as follows:

     116.3103  1.  Except as otherwise provided in the declaration, the bylaws, this section or other provisions of this chapter, the executive board [may act in all instances] acts on behalf of the association. In the performance of their duties, the officers and members of the executive board are fiduciaries and shall act on an informed basis, in good faith and in the honest belief that their actions are in the best interest of the association. [The] Officers and members of the executive board [are] :

     (a) Are required to exercise the ordinary and reasonable care of officers and directors of a nonprofit corporation, subject to the business-judgment rule [.] ; and

     (b) Are subject to conflict of interest rules governing the officers and directors of a nonprofit corporation organized under the law of this State.

     2.  The executive board may not act [on behalf of the association] to [amend] :

     (a) Amend the declaration . [, to terminate]

     (b) Terminate the common-interest community . [, or to elect]

     (c) Elect members of the executive board [or determine their] , but unless the governing documents provide that a vacancy on the executive board must be filled by a vote of the membership of the association, the executive board may fill vacancies in its membership for the unexpired portion of any term or until the next regularly scheduled election of executive board members, whichever is earlier. Any executive board member elected to a previously vacant position which was temporarily filled by board appointment may only be elected to fulfill the remainder of the unexpired portion of the term.

     (d) Determine the qualifications, powers , [and] duties or terms of office [, but the executive board may fill vacancies in its membership for the unexpired portion of any term unless the governing documents provide that a vacancy on the executive board must be filled by a vote of the membership of the association.] of members of the executive board.

     3.  The executive board shall adopt budgets as provided in NRS 116.31151.

     Sec. 34.5.  NRS 116.310305 is hereby amended to read as follows:

     116.310305  1.  A unit’s owner shall adhere to a schedule required by the association for:

     (a) The completion of the design of a unit or the design of an improvement to a unit;

     (b) The commencement of the construction of a unit or the construction of an improvement to a unit;

     (c) The completion of the construction of a unit or the construction of an improvement to the unit; or

     (d) The issuance of a permit which is necessary for the occupancy of a unit or for the use of an improvement to a unit.

 


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

ê2011 Statutes of Nevada, Page 2431 (Chapter 389, SB 204)ê

 

     2.  The association may impose and enforce a construction penalty against a unit’s owner who fails to adhere to a schedule as required pursuant to subsection 1 if:

     (a) The [maximum amount of the] right to assess and collect a construction penalty [and the schedule are] is set forth in:

           (1) The declaration;

           (2) Another document related to the common-interest community that is recorded before the date on which the unit’s owner acquired title to the unit; or

           (3) A contract between the unit’s owner and the association; [and]

     (b) The association has included notice of the maximum amount of the construction penalty and schedule as part of any public offering statement or resale package required by this chapter; and

     (c) The unit’s owner receives notice of the alleged violation which informs the unit’s owner that he or she has a right to a hearing on the alleged violation.

     3.  For the purposes of this chapter, a construction penalty is not a fine.

     Sec. 35.  NRS 116.31031 is hereby amended to read as follows:

     116.31031  1.  Except as otherwise provided in this section, if a unit’s owner or a tenant or an invitee of a unit’s owner or a tenant violates any provision of the governing documents of an association, the executive board may, if the governing documents so provide:

     (a) Prohibit, for a reasonable time, the unit’s owner or the tenant or the invitee of the unit’s owner or the tenant from:

           (1) Voting on matters related to the common-interest community.

           (2) Using the common elements. The provisions of this subparagraph do not prohibit the unit’s owner or the tenant or the invitee of the unit’s owner or the tenant from using any vehicular or pedestrian ingress or egress to go to or from the unit, including any area used for parking.

     (b) Impose a fine against the unit’s owner or the tenant or the invitee of the unit’s owner or the tenant for each violation, except that:

           (1) A fine may not be imposed for a violation that is the subject of a construction penalty pursuant to NRS 116.310305; and

           (2) A fine may not be imposed against a unit’s owner or a tenant or invitee of a unit’s owner or a tenant for a violation of the governing documents which involves a vehicle and which is committed by a person who is delivering goods to, or performing services for, the unit’s owner or tenant or invitee of the unit’s owner or the tenant.

Ê If the violation poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents. If the violation does not pose an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community, the amount of the fine must be commensurate with the severity of the violation and must be determined by the executive board in accordance with the governing documents, but the amount of the fine must not exceed $100 for each violation or a total amount of $1,000, whichever is less. The limitations on the amount of the fine do not apply to any charges or costs that may be collected by the association pursuant to this section if the fine becomes past due.

 


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

ê2011 Statutes of Nevada, Page 2432 (Chapter 389, SB 204)ê

 

     2.  The executive board may not impose a fine pursuant to subsection 1 against a unit’s owner for a violation of any provision of the governing documents of an association committed by an invitee of the unit’s owner or the tenant unless the unit’s owner:

     (a) Participated in or authorized the violation;

     (b) Had prior notice of the violation; or

     (c) Had an opportunity to stop the violation and failed to do so.

     3.  If the association adopts a policy imposing fines for any violations of the governing documents of the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner, a schedule of the fines that may be imposed for those violations.

     4.  The executive board may not impose a fine pursuant to subsection 1 unless:

     (a) Not less than 30 days before the violation, the unit’s owner and, if different, the person against whom the fine will be imposed had been provided with written notice of the applicable provisions of the governing documents that form the basis of the violation; and

     (b) Within a reasonable time after the discovery of the violation, the unit’s owner and, if different, the person against whom the fine will be imposed has been provided with:

           (1) Written notice specifying the details of the violation, the amount of the fine, and the date, time and location for a hearing on the violation; and

           (2) A reasonable opportunity to contest the violation at the hearing.

Ê For the purposes of this subsection, a unit’s owner shall not be deemed to have received written notice unless written notice is mailed to the address of the unit and, if different, to a mailing address specified by the unit’s owner.

     [4.] 5.  The executive board must schedule the date, time and location for the hearing on the violation so that the unit’s owner and, if different, the person against whom the fine will be imposed is provided with a reasonable opportunity to prepare for the hearing and to be present at the hearing.

     [5.] 6.  The executive board must hold a hearing before it may impose the fine, unless the fine is paid before the hearing or unless the unit’s owner and, if different, the person against whom the fine will be imposed:

     (a) Executes a written waiver of the right to the hearing; or

     (b) Fails to appear at the hearing after being provided with proper notice of the hearing.

     [6.] 7.  If a fine is imposed pursuant to subsection 1 and the violation is not cured within 14 days, or within any longer period that may be established by the executive board, the violation shall be deemed a continuing violation. Thereafter, the executive board may impose an additional fine for the violation for each 7-day period or portion thereof that the violation is not cured. Any additional fine may be imposed without notice and an opportunity to be heard.

     [7.] 8.  If the governing documents so provide, the executive board may appoint a committee, with not less than three members, to conduct hearings on violations and to impose fines pursuant to this section. While acting on behalf of the executive board for those limited purposes, the committee and its members are entitled to all privileges and immunities and are subject to all duties and requirements of the executive board and its members.

 


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

ê2011 Statutes of Nevada, Page 2433 (Chapter 389, SB 204)ê

 

     [8.] 9.  A member of the executive board shall not participate in any hearing or cast any vote relating to a fine imposed pursuant to subsection 1 if the member has not paid all assessments which are due to the association by the member. If a member of the executive board:

     (a) Participates in a hearing in violation of this subsection, any action taken at the hearing is void.

     (b) Casts a vote in violation of this subsection, the vote is void.

     [9.] 10.  The provisions of this section establish the minimum procedural requirements that the executive board must follow before it may impose a fine. The provisions of this section do not preempt any provisions of the governing documents that provide greater procedural protections.

     [10.] 11.  Any past due fine must not bear interest, but may include any costs incurred by the association during a civil action to enforce the payment of the past due fine.

     [11.] 12.  If requested by a person upon whom a fine was imposed, not later than 60 days after receiving any payment of a fine, an association shall provide to the person upon whom the fine was imposed a statement of the remaining balance owed.

     Sec. 36.  NRS 116.31032 is hereby amended to read as follows:

     116.31032  1.  Except as otherwise provided in this section, the declaration may provide for a period of declarant’s control of the association, during which a declarant, or persons designated by a declarant, may appoint and remove the officers of the association and members of the executive board. A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period and, in that event, the declarant may require, for the duration of the period of declarant’s control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. Regardless of the period provided in the declaration, a period of declarant’s control terminates no later than [:] the earliest of:

     (a) Sixty days after conveyance of 75 percent of the units that may be created to units’ owners other than a declarant or, if the association exercises powers over a common-interest community pursuant to this chapter and a time-share plan pursuant to chapter 119A of NRS, 120 days after conveyance of 80 percent of the units that may be created to units’ owners other than a declarant;

     (b) Five years after all declarants have ceased to offer units for sale in the ordinary course of business; [or]

     (c) Five years after any right to add new units was last exercised [,

Ê whichever occurs earlier.] ; or

     (d) The day the declarant, after giving notice to units’ owners, records an instrument voluntarily surrendering all rights to control activities of the association.

     2.  [A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period, but in that event the declarant may require, for the duration of the period of declarant’s control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.

     3.]  Not later than 60 days after conveyance of 25 percent of the units that may be created to units’ owners other than a declarant, at least one member and not less than 25 percent of the members of the executive board must be elected by units’ owners other than the declarant.

 


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

ê2011 Statutes of Nevada, Page 2434 (Chapter 389, SB 204)ê

 

member and not less than 25 percent of the members of the executive board must be elected by units’ owners other than the declarant. Not later than 60 days after conveyance of 50 percent of the units that may be created to units’ owners other than a declarant, not less than [33 1/3 percent] one-third of the members of the executive board must be elected by units’ owners other than the declarant.

     Sec. 37.  NRS 116.31036 is hereby amended to read as follows:

     116.31036  1.  Notwithstanding any provision of the declaration or bylaws to the contrary, any member of the executive board, other than a member appointed by the declarant, may be removed from the executive board, with or without cause, if at a removal election held pursuant to this section [:

     (a) The] , the number of votes cast in favor of removal constitutes [at] :

     (a) At least 35 percent of the total number of voting members of the association; and

     (b) At least a majority of all votes cast in that removal election . [are cast in favor of removal.]

     2.  A removal election may be called by units’ owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of voting members of the association. To call a removal election, the units’ owners must submit a written petition which is signed by the required percentage of the total number of voting members of the association pursuant to this subsection and which is mailed, return receipt requested, or served by a process server to the executive board or the community manager for the association. If a removal election is called pursuant to this subsection and:

     (a) The voting rights of the units’ owners will be exercised through the use of secret written ballots pursuant to this section:

           (1) The secret written ballots for the removal election must be sent in the manner required by this section not less than 15 days or more than 60 days after the date on which the petition is received; and

           (2) The executive board shall set the date for the meeting to open and count the secret written ballots so that the meeting is held not more than 15 days after the deadline for returning the secret written ballots and not later than 90 days after the date on which the petition was received.

     (b) The voting rights of the owners of time shares will be exercised by delegates or representatives as set forth in NRS 116.31105, the executive board shall set the date for the removal election so that the removal election is held not less than 15 days or more than 90 days after the date on which the petition is received.

Ê The association shall not adopt any rule or regulation which prevents or unreasonably interferes with the collection of the required percentage of signatures for a petition pursuant to this subsection.

     3.  Except as otherwise provided in NRS 116.31105, the removal 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.

 


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

ê2011 Statutes of Nevada, Page 2435 (Chapter 389, SB 204)ê

 

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

     (d) 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.

     (e) The incumbent members of the executive board, including, without limitation, the member who is subject to the removal, 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.

     [3.  If a member of an executive board is named as a respondent or sued for liability for actions undertaken in his or her role as a member of the board, the association shall indemnify the member for his or her losses or claims, and undertake all costs of defense, unless it is proven that the member acted with willful or wanton misfeasance or with gross negligence. After such proof, the association is no longer liable for the cost of defense, and may recover costs already expended from the member of the executive board who so acted. Members of the executive board are not personally liable to the victims of crimes occurring on the property. Punitive damages may not be recovered against:

     (a) The association;

     (b) The members of the executive board for acts or omissions that occur in their official capacity as members of the executive board; or

     (c) The officers of the association for acts or omissions that occur in their capacity as officers of the association.

     4.  The provisions of this section do not prohibit the Commission from taking any disciplinary action against a member of an executive board pursuant to NRS 116.745 to 116.795, inclusive.]

     Sec. 38.  NRS 116.3105 is hereby amended to read as follows:

     116.3105  [If entered into before]

     1.  Within 2 years after the executive board elected by the units’ owners pursuant to NRS 116.31034 takes office, [any] the association may terminate without penalty, upon not less than 90 days’ notice to the other party, any of the following if it was entered into before that executive board was elected:

     (a) Any management [contract,] , maintenance, operations or employment contract, or lease of recreational or parking areas or facilities [, any] ; or

     (b) Any other contract or lease between the association and a declarant or an affiliate of a declarant . [or any contract or lease that is not in good faith or was unconscionable to the units’ owners at the time entered into under the circumstances then prevailing may be terminated]

     2.  The association may terminate without penalty , [by the association] at any time after the executive board elected by the units’ owners pursuant to NRS 116.31034 takes office upon not less than 90 days’ notice to the other party [.] , any contract or lease that is not in good faith or was unconscionable to the units’ owners at the time entered into.

     3.  This section does not apply to [any] :

 


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

ê2011 Statutes of Nevada, Page 2436 (Chapter 389, SB 204)ê

 

     (a) Any lease the termination of which would terminate the common-interest community or reduce its size, unless the real estate subject to that lease was included in the common-interest community for the purpose of avoiding the right of the association to terminate a lease under this section [, or to a] ; or

     (b) A proprietary lease.

     Sec. 39.  NRS 116.3106 is hereby amended to read as follows:

     116.3106  1.  The bylaws of the association must : [provide:]

     (a) [The] Provide the number of members of the executive board and the titles of the officers of the association;

     (b) [For] Provide for election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify;

     (c) [The] Specify the qualifications, powers and duties, terms of office and manner of electing and removing officers of the association and members of the executive board and filling vacancies;

     (d) [Which] Specify the powers [, if any, that] the executive board or the officers of the association may delegate to other persons or to a community manager;

     (e) [Which of its] Specify the officers who may prepare, execute, certify and record amendments to the declaration on behalf of the association;

     (f) [Procedural] Provide procedural rules for conducting meetings of the association;

     (g) [A] Specify a method for [amending] the units’ owners to amend the bylaws; [and]

     (h) [Procedural] Provide procedural rules for conducting elections [.] ;

     (i) Contain any provision necessary to satisfy requirements in this chapter or the declaration concerning meetings, voting, quorums and other activities of the association; and

     (j) Provide for any matter required by law of this State other than this chapter to appear in the bylaws of organizations of the same type as the association.

     2.  Except as otherwise provided in this chapter or the declaration, the bylaws may provide for any other necessary or appropriate matters [the association deems necessary and appropriate.] , including, without limitation, matters that could be adopted as rules.

     3.  The bylaws must be written in plain English.

     Sec. 40.  NRS 116.3108 is hereby amended to read as follows:

     116.3108  1.  A meeting of the units’ owners must be held at least once each year [.] at a time and place stated in or fixed in accordance with the bylaws. If the governing documents do not designate an annual meeting date of the units’ owners, a meeting of the units’ owners must be held 1 year after the date of the last meeting of the units’ owners. If the units’ owners have not held a meeting for 1 year, a meeting of the units’ owners must be held on the following March 1.

     2.  [Special meetings] An association shall hold a special meeting of the units’ owners [may be called by the] to address any matter affecting the common-interest community or the association if its president, [by] a majority of the executive board or [by] units’ owners constituting at least 10 percent, or any lower percentage specified in the bylaws, of the total number of [voting members of] votes in the association [. The same number of units’ owners may also call a removal election pursuant to NRS 116.31036.]

 


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

ê2011 Statutes of Nevada, Page 2437 (Chapter 389, SB 204)ê

 

request that the secretary call such a meeting. To call a special meeting , [or a removal election,] the units’ owners must submit a written petition which is signed by the required percentage of the total number of voting members of the association pursuant to this subsection and which is mailed, return receipt requested, or served by a process server to the executive board or the community manager for the association. If the petition calls for a special meeting, the executive board shall set the date for the special meeting so that the special meeting is held not less than 15 days or more than 60 days after the date on which the petition is received. [If the petition calls for a removal election and:

     (a) The voting rights of the owners of time shares will be exercised by delegates or representatives as set forth in NRS 116.31105, the executive board shall set the date for the removal election so that the removal election is held not less than 15 days or more than 60 days after the date on which the petition is received; or

     (b) The voting rights of the units’ owners will be exercised through the use of secret written ballots pursuant to NRS 116.31036, the secret written ballots for the removal election must be sent in the manner required by NRS 116.31036 not less than 15 days or more than 60 days after the date on which the petition is received, and the executive board shall set the date for the meeting to open and count the secret written ballots so that the meeting is held not more than 15 days after the deadline for returning the secret written ballots.

Ê] The association shall not adopt any rule or regulation which prevents or unreasonably interferes with the collection of the required percentage of signatures for a petition pursuant to this subsection.

     3.  Not less than 15 days or more than 60 days in advance of any meeting of the units’ owners, the secretary or other officer specified in the bylaws shall cause notice of the meeting to be [hand-delivered, sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner or, if the association offers to send notice by electronic mail, sent by electronic mail at the request of the unit’s owner to an electronic mail address designated in writing by the unit’s owner.] given to the units’ owners in the manner set forth in section 2 of this act. The notice of the meeting must state the time and place of the meeting and include a copy of the agenda for the meeting. The notice must include notification of the right of a unit’s owner to:

     (a) Have a copy of the minutes or a summary of the minutes of the meeting provided to the unit’s owner upon request, in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

     (b) Speak to the association or executive board, unless the executive board is meeting in executive session.

     4.  The agenda for a meeting of the units’ owners must consist of:

     (a) A clear and complete statement of the topics scheduled to be considered during the meeting, including, without limitation, any proposed amendment to the declaration or bylaws, any fees or assessments to be imposed or increased by the association, any budgetary changes and any proposal to remove an officer of the association or member of the executive board.

 


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

ê2011 Statutes of Nevada, Page 2438 (Chapter 389, SB 204)ê

 

     (b) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items. In an emergency, the units’ owners may take action on an item which is not listed on the agenda as an item on which action may be taken.

     (c) A period devoted to comments by units’ owners regarding any matter affecting the common-interest community or the association and discussion of those comments. Except in emergencies, no action may be taken upon a matter raised under this item of the agenda until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to paragraph (b).

     5.  [If the association adopts a policy imposing fines for any violations of the governing documents of the association, the secretary or other officer specified in the bylaws shall prepare and cause to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit’s owner, a schedule of the fines that may be imposed for those violations.

     6.]  The secretary or other officer specified in the bylaws shall cause minutes to be recorded or otherwise taken at each meeting of the units’ owners. Not more than 30 days after each such meeting, the secretary or other officer specified in the bylaws shall cause the minutes or a summary of the minutes of the meeting to be made available to the units’ owners. Except as otherwise provided in this subsection, a copy of the minutes or a summary of the minutes must be provided to any unit’s owner upon request, in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

     [7.] 6.  Except as otherwise provided in subsection [8,] 7, the minutes of each meeting of the units’ owners must include:

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

     (b) The substance of all matters proposed, discussed or decided at the meeting; and

     (c) The substance of remarks made by any unit’s owner at the meeting if the unit’s owner requests that the minutes reflect his or her remarks or, if the unit’s owner has prepared written remarks, a copy of his or her prepared remarks if the unit’s owner submits a copy for inclusion.

     [8.] 7.  The executive board may establish reasonable limitations on materials, remarks or other information to be included in the minutes of a meeting of the units’ owners.

     [9.] 8.  The association shall maintain the minutes of each meeting of the units’ owners until the common-interest community is terminated.

     [10.] 9.  A unit’s owner may record on audiotape or any other means of sound reproduction a meeting of the units’ owners if the unit’s owner, before recording the meeting, provides notice of his or her intent to record the meeting to the other units’ owners who are in attendance at the meeting.

     [11.] 10.  The units’ owners may approve, at the annual meeting of the units’ owners, the minutes of the prior annual meeting of the units’ owners and the minutes of any prior special meetings of the units’ owners. A quorum is not required to be present when the units’ owners approve the minutes.

     [12.] 11.  As used in this section, “emergency” means any occurrence or combination of occurrences that:

 


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

ê2011 Statutes of Nevada, Page 2439 (Chapter 389, SB 204)ê

 

     (a) Could not have been reasonably foreseen;

     (b) Affects the health, welfare and safety of the units’ owners or residents of the common-interest community;

     (c) Requires the immediate attention of, and possible action by, the executive board; and

     (d) Makes it impracticable to comply with the provisions of subsection 3 or 4.

     Sec. 41.  NRS 116.31083 is hereby amended to read as follows:

     116.31083  1.  A meeting of the executive board must be held at least once every quarter, and not less than once every 100 days and must be held at a time other than during standard business hours at least twice annually.

     2.  Except in an emergency or unless the bylaws of an association require a longer period of notice, the secretary or other officer specified in the bylaws of the association shall, not less than 10 days before the date of a meeting of the executive board, cause notice of the meeting to be given to the units’ owners. Such notice must be:

     (a) [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) If the association offers to send notice by electronic mail, sent by electronic mail at the request of the unit’s owner to an electronic mail address designated in writing by the unit’s owner; or

     (c)] Given to the units’ owners in the manner set forth in section 2 of this act; or

     (b) Published in a newsletter or other similar publication that is circulated to each unit’s owner.

     3.  In an emergency, the secretary or other officer specified in the bylaws of the association shall, if practicable, cause notice of the meeting to be sent prepaid by United States mail to the mailing address of each unit within the common-interest community. If delivery of the notice in this manner is impracticable, the notice must be hand-delivered to each unit within the common-interest community or posted in a prominent place or places within the common elements of the association.

     4.  The notice of a meeting of the executive board must state the time and place of the meeting and include a copy of the agenda for the meeting or the date on which and the locations where copies of the agenda may be conveniently obtained by the units’ owners. The notice must include notification of the right of a unit’s owner to:

     (a) Have a copy of the audio recording, the minutes or a summary of the minutes of the meeting provided to the unit’s owner upon request, in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

     (b) Speak to the association or executive board, unless the executive board is meeting in executive session.

     5.  The agenda of the meeting of the executive board must comply with the provisions of subsection 4 of NRS 116.3108. A period required to be devoted to comments by the units’ owners and discussion of those comments must be scheduled for both the beginning and the end of each meeting. During the period devoted to comments by the units’ owners and discussion of those comments at the beginning of each meeting, comments by the units’ owners and discussion of those comments must be limited to items listed on the agenda.

 


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

ê2011 Statutes of Nevada, Page 2440 (Chapter 389, SB 204)ê

 

owners and discussion of those comments must be limited to items listed on the agenda. In an emergency, the executive board may take action on an item which is not listed on the agenda as an item on which action may be taken.

     6.  At least once every quarter, and not less than once every 100 days, unless the declaration or bylaws of the association impose more stringent standards, the executive board shall review, at a minimum, the following financial information at one of its meetings:

     (a) A current year-to-date financial statement of the association;

     (b) A current year-to-date schedule of revenues and expenses for the operating account and the reserve account, compared to the budget for those accounts;

     (c) A current reconciliation of the operating account of the association;

     (d) A current reconciliation of the reserve account of the association;

     (e) The latest account statements prepared by the financial institutions in which the accounts of the association are maintained; and

     (f) The current status of any civil action or claim submitted to arbitration or mediation in which the association is a party.

     7.  The secretary or other officer specified in the bylaws shall cause each meeting of the executive board to be audio recorded and the minutes to be recorded or otherwise taken at each meeting of the executive board, but if the executive board is meeting in executive session, the meeting must not be audio recorded. Not more than 30 days after each such meeting, the secretary or other officer specified in the bylaws shall cause the audio recording of the meeting, the minutes of the meeting and a summary of the minutes of the meeting to be made available to the units’ owners. Except as otherwise provided in this subsection, a copy of the audio recording, the minutes or a summary of the minutes must be provided to any unit’s owner upon request, in electronic format at no charge to the unit’s owner or, if the association is unable to provide the copy or summary in electronic format, in paper format at a cost not to exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

     8.  Except as otherwise provided in subsection 9 and NRS 116.31085, the minutes of each meeting of the executive board must include:

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

     (b) Those members of the executive board who were present and those members who were absent at the meeting;

     (c) The substance of all matters proposed, discussed or decided at the meeting;

     (d) A record of each member’s vote on any matter decided by vote at the meeting; and

     (e) The substance of remarks made by any unit’s owner who addresses the executive board at the meeting if the unit’s owner requests that the minutes reflect his or her remarks or, if the unit’s owner has prepared written remarks, a copy of his or her prepared remarks if the unit’s owner submits a copy for inclusion.

     9.  The executive board may establish reasonable limitations on materials, remarks or other information to be included in the minutes of its meetings.

     10.  The association shall maintain the minutes of each meeting of the executive board until the common-interest community is terminated.

     11.  A unit’s owner may record on audiotape or any other means of sound reproduction a meeting of the executive board, unless the executive board is meeting in executive session, if the unit’s owner, before recording the meeting, provides notice of his or her intent to record the meeting to the members of the executive board and the other units’ owners who are in attendance at the meeting.

 


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

ê2011 Statutes of Nevada, Page 2441 (Chapter 389, SB 204)ê

 

board is meeting in executive session, if the unit’s owner, before recording the meeting, provides notice of his or her intent to record the meeting to the members of the executive board and the other units’ owners who are in attendance at the meeting.

     12.  As used in this section, “emergency” means any occurrence or combination of occurrences that:

     (a) Could not have been reasonably foreseen;

     (b) Affects the health, welfare and safety of the units’ owners or residents of the common-interest community;

     (c) Requires the immediate attention of, and possible action by, the executive board; and

     (d) Makes it impracticable to comply with the provisions of subsection 2 or 5.

     Sec. 42.  NRS 116.3109 is hereby amended to read as follows:

     116.3109  1.  Except as otherwise provided in this section and NRS 116.31034, and except when the governing documents provide otherwise, a quorum is present throughout any meeting of the [association if the number of members of] units’ owners if persons entitled to cast 20 percent of the votes in the association [who are] :

     (a) Are present in person [or] ;

     (b) Are present by proxy [at the beginning of the meeting equals or exceeds 20 percent of the total number of voting members of the association.] ;

     (c) Have cast absentee ballots in accordance with paragraph (d) of subsection 2 of NRS 116.311; or

     (d) Are present by any combination of paragraphs (a), (b) and (c).

     2.  If the governing documents of an association contain a quorum requirement for a meeting of the association that is greater than the 20 percent required by subsection 1 and, after proper notice has been given for a meeting, the members of the association who are present in person or by proxy at the meeting are unable to hold the meeting because a quorum is not present at the beginning of the meeting, the members who are present in person at the meeting may adjourn the meeting to a time that is not less than 48 hours or more than 30 days from the date of the meeting. At the subsequent meeting:

     (a) A quorum shall be deemed to be present if the number of members of the association who are present in person or by proxy at the beginning of the subsequent meeting equals or exceeds 20 percent of the total number of voting members of the association; and

     (b) If such a quorum is deemed to be present but the actual number of members who are present in person or by proxy at the beginning of the subsequent meeting is less than the number of members who are required for a quorum under the governing documents, the members who are present in person or by proxy at the subsequent meeting may take action only on those matters that were included as items on the agenda of the original meeting.

Ê The provisions of this subsection do not change the actual number of votes that are required under the governing documents for taking action on any particular matter.

     3.  Unless the governing documents specify a larger [percentage,] number, a quorum of the executive board is [deemed] present [throughout any] for purposes of determining the validity of any action taken at a meeting of the executive board only if [persons] individuals entitled to cast [50 percent] a majority of the votes on that board are present at the [beginning of the meeting.]

 


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

ê2011 Statutes of Nevada, Page 2442 (Chapter 389, SB 204)ê

 

[50 percent] a majority of the votes on that board are present at the [beginning of the meeting.] time a vote regarding that action is taken. If a quorum is present when a vote is taken, the affirmative vote of a majority of the members present is the act of the executive board unless a greater vote is required by the declaration or bylaws.

     4.  Meetings of the association must be conducted in accordance with the most recent edition of Robert’s Rules of Order Newly Revised, unless the bylaws or a resolution of the executive board adopted before the meeting provide otherwise.

     Sec. 43.  NRS 116.311 is hereby amended to read as follows:

     116.311  1.  Unless prohibited or limited by the declaration or bylaws and except as otherwise provided in this section, units’ owners may vote at a meeting in person, by absentee ballot pursuant to paragraph (d) of subsection 2, by a proxy pursuant to subsections 3 to 8, inclusive, or, when a vote is conducted without a meeting, by electronic or paper ballot pursuant to subsection 9.

     2.  At a meeting of units’ owners, the following requirements apply:

     (a) Units’ owners who are present in person may vote by voice vote, show of hands, standing or any other method for determining the votes of units’ owners, as designated by the person presiding at the meeting.

     (b) If only one of several owners of a unit is present , [at a meeting of the association,] that owner is entitled to cast all the votes allocated to that unit. If more than one of the owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the owners cast the votes allocated to [that] the unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.

     [2.] (c) Unless a greater number or fraction of the votes in the association is required by this chapter or the declaration, a majority of the votes cast determines the outcome of any action of the association.

     (d) Subject to subsection 1, a unit’s owner may vote by absentee ballot without being present at the meeting. The association promptly shall deliver an absentee ballot to an owner who requests it if the request is made at least 3 days before the scheduled meeting. Votes cast by absentee ballot must be included in the tally of a vote taken at that meeting.

     (e) When a unit’s owner votes by absentee ballot, the association must be able to verify that the ballot is cast by the unit’s owner having the right to do so.

     3.  Except as otherwise provided in this section, votes allocated to a unit may be cast pursuant to a proxy executed by a unit’s owner. A unit’s owner may give a proxy only to a member of his or her immediate family, a tenant of the unit’s owner who resides in the common-interest community, another unit’s owner who resides in the common-interest community, or a delegate or representative when authorized pursuant to NRS 116.31105. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through an executed proxy. A unit’s owner may revoke a proxy given pursuant to this section only by actual notice of revocation to the person presiding over a meeting of the association.

     [3.] 4.  Before a vote may be cast pursuant to a proxy:

 


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

ê2011 Statutes of Nevada, Page 2443 (Chapter 389, SB 204)ê

 

     (a) The proxy must be dated.

     (b) The proxy must not purport to be revocable without notice.

     (c) The proxy must designate the meeting for which it is executed [.] , and such a designation includes any recessed session of that meeting.

     (d) The proxy must designate each specific item on the agenda of the meeting for which the unit’s owner has executed the proxy, except that the unit’s owner may execute the proxy without designating any specific items on the agenda of the meeting if the proxy is to be used solely for determining whether a quorum is present for the meeting. If the proxy designates one or more specific items on the agenda of the meeting for which the unit’s owner has executed the proxy, the proxy must indicate, for each specific item designated in the proxy, whether the holder of the proxy must cast a vote in the affirmative or the negative on behalf of the unit’s owner. If the proxy does not indicate whether the holder of the proxy must cast a vote in the affirmative or the negative for a particular item on the agenda of the meeting, the proxy must be treated, with regard to that particular item, as if the unit’s owner were present but not voting on that particular item.

     (e) The holder of the proxy must disclose at the beginning of the meeting for which the proxy is executed and any recessed session of that meeting the number of proxies pursuant to which the holder will be casting votes.

     [4.] 5.  A proxy terminates immediately after the conclusion of the meeting , and any recessed sessions of the meeting, for which it is executed.

     [5.] 6.  Except as otherwise provided in this subsection, a vote may not be cast pursuant to a proxy for the election or removal of a member of the executive board of an association. A vote may be cast pursuant to a proxy for the election or removal of a member of the executive board of a master association which governs a time-share plan created pursuant to chapter 119A of NRS if the proxy is exercised through a delegate or representative authorized pursuant to NRS 116.31105.

     [6.] 7.  The holder of a proxy may not cast a vote on behalf of the unit’s owner who executed the proxy in a manner that is contrary to the proxy.

     [7.] 8.  A proxy is void if the proxy or the holder of the proxy violates any provision of subsections [1] 3 to [6,] 7, inclusive.

     [8.] 9.  Unless prohibited or limited by the declaration or bylaws, an association may conduct a vote without a meeting. Except as otherwise provided in NRS 116.31034 and 116.31036, if an association conducts a vote without a meeting, the following requirements apply:

     (a) The association shall notify the units’ owners that the vote will be taken by ballot.

     (b) The association shall deliver a paper or electronic ballot to every unit’s owner entitled to vote on the matter.

     (c) The ballot must set forth each proposed action and provide an opportunity to vote for or against the action.

     (d) When the association delivers the ballots, it shall also:

           (1) Indicate the number of responses needed to meet the quorum requirements;

           (2) State the percentage of votes necessary to approve each matter other than election of directors;

           (3) Specify the time and date by which a ballot must be delivered to the association to be counted, which time and date may not be fewer than 3 days after the date the association delivers the ballot; and

 


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

ê2011 Statutes of Nevada, Page 2444 (Chapter 389, SB 204)ê

 

           (4) Describe the time, date and manner by which units’ owners wishing to deliver information to all units’ owners regarding the subject of the vote may do so.

     (e) Except as otherwise provided in the declaration or bylaws, a ballot is not revoked after delivery to the association by death or disability of or attempted revocation by the person who cast that vote.

     (f) Approval by ballot pursuant to this subsection is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action.

     10.  If the declaration requires that votes on specified matters affecting the common-interest community must be cast by the lessees of leased units rather than the units’ owners who have leased the units:

     (a) [The provisions of subsections 1 to 7, inclusive, apply] This section applies to the lessees as if they were the units’ owners;

     (b) The units’ owners who have leased their units to the lessees may not cast votes on those specified matters;

     (c) The lessees are entitled to notice of meetings, access to records and other rights respecting those matters as if they were the units’ owners; and

     (d) The units’ owners must be given notice, in the manner provided in NRS 116.3108, of all meetings at which the lessees are entitled to vote.

     [9.] 11.  If any votes are allocated to a unit that is owned by the association, those votes may not be cast, by proxy or otherwise, for any purpose.

     Sec. 44.  NRS 116.3111 is hereby amended to read as follows:

     116.3111  1.  A unit’s owner is not liable, solely by reason of being a unit’s owner, for an injury or damage arising out of the condition or use of the common elements. Neither the association nor any unit’s owner except the declarant is liable for that declarant’s torts in connection with any part of the common-interest community which that declarant has the responsibility to maintain. [Otherwise, an]

     2.  An action alleging a wrong done by the association [must be brought] , including, without limitation, an action arising out of the condition or use of the common elements, may be maintained only against the association and not against any unit’s owner. If the wrong occurred during any period of declarant’s control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit’s owner for all tort losses not covered by insurance suffered by the association or that unit’s owner, and all costs that the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all expenses of litigation, including reasonable attorney’s fees, incurred by the association. [Any]

     3.  Except as otherwise provided in subsection 4 of NRS 116.4116 with respect to warranty claims, any statute of limitation affecting the association’s right of action against a declarant under this section is tolled until the period of declarant’s control terminates. A unit’s owner is not precluded from maintaining an action contemplated by this section because he or she is a unit’s owner or a member or officer of the association. Liens resulting from judgments against the association are governed by NRS 116.3117.

 


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

ê2011 Statutes of Nevada, Page 2445 (Chapter 389, SB 204)ê

 

     Sec. 45.  NRS 116.3113 is hereby amended to read as follows:

     116.3113  1.  Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available [, both of the following:] and subject to reasonable deductibles:

     (a) Property insurance on the common elements and, in a planned community, also on property that must become common elements, insuring against [all] risks of direct physical loss commonly insured against [or, in the case of a converted building, against fire and extended coverage perils. The total amount of] , which insurance , after application of any deductibles , must be not less than 80 percent of the actual cash value of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations and other items normally excluded from property policies ; [.]

     (b) [Liability] Commercial general liability insurance, including insurance for medical payments, in an amount determined by the executive board but not less than any amount specified in the declaration, covering all occurrences commonly insured against for [death,] bodily injury [,] and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements and, in cooperatives, also of all units [.] ; and

     (c) Crime insurance which includes coverage for dishonest acts by members of the executive board and the officers, employees, agents, directors and volunteers of the association and which extends coverage to any business entity that acts as the community manager of the association and the employees of that entity. Such insurance may not contain a conviction requirement, and the minimum amount of the policy must be not less than an amount equal to 3 months of aggregate assessments on all units plus reserve funds or $5,000,000, whichever is less.

     2.  In the case of a building [that is part of a cooperative or] that contains units [having] divided by horizontal boundaries described in the declaration, or vertical boundaries that comprise common walls between units, the insurance maintained under paragraph (a) of subsection 1, to the extent reasonably available, must include the units, but need not include improvements and betterments installed by units’ owners.

     3.  If the insurance described in subsections 1 and 2 is not reasonably available, the association promptly shall cause notice of that fact to be [hand-delivered or sent prepaid by United States mail] given to all units’ owners. The declaration may require the association to carry any other insurance, and the association [in any event] may carry any other insurance it considers appropriate to protect the association or the units’ owners.

     4.  An insurance policy issued to the association does not prevent a unit’s owner from obtaining insurance for the unit’s owner’s own benefit.

     Sec. 46.  NRS 116.31133 is hereby amended to read as follows:

     116.31133  1.  Insurance policies carried pursuant to NRS 116.3113 must provide [to the extent reasonably available] that:

     (a) Each unit’s owner is an insured person under the policy with respect to liability arising out of the unit’s owner’s interest in the common elements or membership in the association;

     (b) The insurer waives its right to subrogation under the policy against any unit’s owner or member of his or her household;

 


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

ê2011 Statutes of Nevada, Page 2446 (Chapter 389, SB 204)ê

 

     (c) No act or omission by any unit’s owner, unless acting within the scope of his or her authority on behalf of the association, [will void] voids the policy or [be] is a condition to recovery under the policy; and

     (d) If, at the time of a loss under the policy, there is other insurance in the name of a unit’s owner covering the same risk covered by the policy, the association’s policy provides primary insurance.

     2.  Any loss covered by the property policy under subsections 1 and 2 of NRS 116.3113 must be adjusted with the association, but the proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any holder of a security interest. The insurance trustee or the association shall hold any insurance proceeds in trust for the association, units’ owners and lienholders as their interests may appear. Subject to [the provisions of] NRS 116.31135, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the association, units’ owners, and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the common-interest community is terminated.

     3.  An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any unit’s owner or holder of a security interest. The insurer issuing the policy may not cancel or refuse to renew it until 30 days after notice of the proposed cancellation or nonrenewal has been mailed to the association , each unit’s owner and [to any person] each holder of a security interest to whom a certificate or memorandum of insurance has been issued at their respective last known addresses.

     Sec. 47.  NRS 116.31135 is hereby amended to read as follows:

     116.31135  1.  Any portion of the common-interest community for which insurance is required under NRS 116.3113 which is damaged or destroyed must be repaired or replaced promptly by the association unless:

     (a) The common-interest community is terminated, in which case NRS 116.2118, 116.21183 and 116.21185 apply;

     (b) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; or

     (c) Eighty percent of the units’ owners, including every owner of a unit or assigned limited common element that will not be rebuilt, vote not to rebuild.

[Ê] 2.  The cost of repair or replacement in excess of insurance proceeds , deductibles and reserves is a common expense.

     [2.]  If the entire common-interest community is not repaired or replaced [, the] :

     (a) The insurance proceeds attributable to the damaged common elements [,] must be used to restore the damaged area to a condition compatible with the remainder of the common-interest community ; [,] and [except]

     (b) Except to the extent that other persons will be distributees [(subparagraph 2 of paragraph (l) of subsection 1 of NRS 116.2105):

     (a)] :

           (1) The insurance proceeds attributable to units and limited common elements that are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear; and

 


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

ê2011 Statutes of Nevada, Page 2447 (Chapter 389, SB 204)ê

 

     [(b)] (2) The remainder of the proceeds must be distributed to all the units’ owners or lienholders, as their interests may appear, as follows:

          [(1)] (I) In a condominium, in proportion to the interests of all the units in the common elements; and

          [(2)] (II) In a cooperative or planned community, in proportion to the liabilities of all the units for common expenses.

     3.  If the units’ owners vote not to rebuild any unit, that unit’s allocated interests are automatically reallocated upon the vote as if the unit had been condemned under subsection 1 of NRS 116.1107, and the association promptly shall prepare, execute and record an amendment to the declaration reflecting the reallocations.

     Sec. 48.  NRS 116.3115 is hereby amended to read as follows:

     116.3115  1.  Until the association makes an assessment for common expenses, the declarant shall pay all common expenses. After an assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association in accordance with the requirements set forth in NRS 116.31151. Unless the declaration imposes more stringent standards, the budget must include a budget for the daily operation of the association and a budget for the reserves required by paragraph (b) of subsection 2.

     2.  Except for assessments under subsections 4 to 7, inclusive [:] , or as otherwise provided in this chapter:

     (a) All common expenses, including the reserves, must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsections 1 and 2 of NRS 116.2107.

     (b) The association shall establish adequate reserves, funded on a reasonable basis, for the repair, replacement and restoration of the major components of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore. The reserves may be used only for those purposes, including, without limitation, repairing, replacing and restoring roofs, roads and sidewalks, and must not be used for daily maintenance. The association may comply with the provisions of this paragraph through a funding plan that is designed to allocate the costs for the repair, replacement and restoration of the major components of the common elements and any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore over a period of years if the funding plan is designed in an actuarially sound manner which will ensure that sufficient money is available when the repair, replacement and restoration of the major components of the common elements or any other portion of the common-interest community that the association is obligated to maintain, repair, replace or restore are necessary. Notwithstanding any provision of the governing documents to the contrary, to establish adequate reserves pursuant to this paragraph, including, without limitation, to establish or carry out a funding plan, the executive board may, without seeking or obtaining the approval of the units’ owners, impose any necessary and reasonable assessments against the units in the common-interest community. Any such assessments imposed by the executive board must be based on the study of the reserves of the association conducted pursuant to NRS 116.31152.

     3.  Any assessment for common expenses or installment thereof that is 60 days or more past due bears interest at a rate equal to the prime rate at the largest bank in Nevada as ascertained by the Commissioner of Financial Institutions on January 1 or July 1, as the case may be, immediately preceding the date the assessment becomes past due, plus 2 percent.

 


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

ê2011 Statutes of Nevada, Page 2448 (Chapter 389, SB 204)ê

 

Institutions on January 1 or July 1, as the case may be, immediately preceding the date the assessment becomes past due, plus 2 percent. The rate must be adjusted accordingly on each January 1 and July 1 thereafter until the balance is satisfied.

     4.  Except as otherwise provided in the governing documents:

     (a) Any common expense associated with the maintenance, repair, restoration or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion the declaration provides;

     (b) Any common expense [or portion thereof] benefiting fewer than all of the units [must] or their owners may be assessed exclusively against the units or units’ owners benefited; and

     (c) The costs of insurance must be assessed in proportion to risk and the costs of utilities must be assessed in proportion to usage.

     5.  Assessments to pay a judgment against the association may be made only against the units in the common-interest community at the time the judgment was entered, in proportion to their liabilities for common expenses.

     6.  If damage to a unit or other part of the common-interest community, or if any other common expense is caused by the willful misconduct or gross negligence of any unit’s owner, tenant or invitee of a unit’s owner or tenant, the association may assess that expense exclusively against his or her unit [.] , even if the association maintains insurance with respect to that damage or common expense, unless the damage or other common expense is caused by a vehicle and is committed by a person who is delivering goods to, or performing services for, the unit’s owner, tenant or invitee of the unit’s owner or tenant.

     7.  The association of a common-interest community created before January 1, 1992, is not required to make an assessment against a vacant lot located within the community that is owned by the declarant.

     8.  If liabilities for common expenses are reallocated, assessments for common expenses and any installment thereof not yet due must be recalculated in accordance with the reallocated liabilities.

     9.  The association shall provide written notice to each unit’s owner of a meeting at which an assessment for a capital improvement is to be considered or action is to be taken on such an assessment at least 21 calendar days before the date of the meeting.

     Sec. 49.  NRS 116.3116 is hereby amended to read as follows:

     116.3116  1.  The association has a lien on a unit for any construction penalty that is imposed against the unit’s owner pursuant to NRS 116.310305, any assessment levied against that unit or any fines imposed against the unit’s owner from the time the construction penalty, assessment or fine becomes due. Unless the declaration otherwise provides, any penalties, fees, charges, late charges, fines and interest charged pursuant to paragraphs (j) to (n), inclusive, of subsection 1 of NRS 116.3102 are enforceable as assessments under this section. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due.

     2.  A lien under this section is prior to all other liens and encumbrances on a unit except:

     (a) Liens and encumbrances recorded before the recordation of the declaration and, in a cooperative, liens and encumbrances which the association creates, assumes or takes subject to;

 


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

ê2011 Statutes of Nevada, Page 2449 (Chapter 389, SB 204)ê

 

     (b) A first security interest on the unit recorded before the date on which the assessment sought to be enforced became delinquent or, in a cooperative, the first security interest encumbering only the unit’s owner’s interest and perfected before the date on which the assessment sought to be enforced became delinquent; and

     (c) Liens for real estate taxes and other governmental assessments or charges against the unit or cooperative.

Ê The lien is also prior to all security interests described in paragraph (b) to the extent of any charges incurred by the association on a unit pursuant to NRS 116.310312 and to the extent of the assessments for common expenses based on the periodic budget adopted by the association pursuant to NRS 116.3115 which would have become due in the absence of acceleration during the 9 months immediately preceding institution of an action to enforce the lien, unless federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien. If federal regulations adopted by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association require a shorter period of priority for the lien, the period during which the lien is prior to all security interests described in paragraph (b) must be determined in accordance with those federal regulations, except that notwithstanding the provisions of the federal regulations, the period of priority for the lien must not be less than the 6 months immediately preceding institution of an action to enforce the lien. This subsection does not affect the priority of mechanics’ or materialmen’s liens, or the priority of liens for other assessments made by the association.

     3.  Unless the declaration otherwise provides, if two or more associations have liens for assessments created at any time on the same property, those liens have equal priority.

     4.  Recording of the declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessment under this section is required.

     5.  A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within 3 years after the full amount of the assessments becomes due.

     6.  This section does not prohibit actions to recover sums for which subsection 1 creates a lien or prohibit an association from taking a deed in lieu of foreclosure.

     7.  A judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party.

     8.  The association, upon written request, shall furnish to a unit’s owner a statement setting forth the amount of unpaid assessments against the unit. If the interest of the unit’s owner is real estate or if a lien for the unpaid assessments may be foreclosed under NRS 116.31162 to 116.31168, inclusive, the statement must be in recordable form. The statement must be furnished within 10 business days after receipt of the request and is binding on the association, the executive board and every unit’s owner.

     9.  In a cooperative, upon nonpayment of an assessment on a unit, the unit’s owner may be evicted in the same manner as provided by law in the case of an unlawful holdover by a commercial tenant, and:

     (a) In a cooperative where the owner’s interest in a unit is real estate under NRS 116.1105, the association’s lien may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

 


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

ê2011 Statutes of Nevada, Page 2450 (Chapter 389, SB 204)ê

 

     (b) In a cooperative where the owner’s interest in a unit is personal property under NRS 116.1105, the association’s lien:

           (1) May be foreclosed as a security interest under NRS 104.9101 to 104.9709, inclusive; or

           (2) If the declaration so provides, may be foreclosed under NRS 116.31162 to 116.31168, inclusive.

     10.  In an action by an association to collect assessments or to foreclose a lien created under this section, the court may appoint a receiver to collect all rents or other income from the unit alleged to be due and owing to a unit’s owner before commencement or during pendency of the action. The receivership is governed by chapter 32 of NRS. The court may order the receiver to pay any sums held by the receiver to the association during pendency of the action to the extent of the association’s common expense assessments based on a periodic budget adopted by the association pursuant to NRS 116.3115.

     Sec. 50.  NRS 116.3117 is hereby amended to read as follows:

     116.3117  1.  In a condominium or planned community:

     (a) Except as otherwise provided in paragraph (b), a judgment for money against the association, if a copy of the docket or an abstract or copy of the judgment is recorded, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the other real property of the association and all of the units in the common-interest community at the time the judgment was entered. No other property of a unit’s owner is subject to the claims of creditors of the association.

     (b) If the association has granted a security interest in the common elements to a creditor of the association pursuant to NRS 116.3112, the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced.

     (c) Whether perfected before or after the creation of the common-interest community, if a lien, other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the common-interest community, becomes effective against two or more units, the owner of an affected unit may pay to the lienholder the amount of the lien attributable to his or her unit, and the lienholder, upon receipt of payment, promptly shall deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio which that owner’s liability for common expenses bears to the liabilities for common expenses of all owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that owner’s unit for any portion of the common expenses incurred in connection with that lien.

     (d) A judgment against the association must be indexed in the name of the common-interest community and the association and, when so indexed, is notice of the lien against the units.

     2.  In a cooperative:

     (a) If the association receives notice of an impending foreclosure on all or any portion of the association’s real estate, the association shall promptly transmit a copy of that notice to each owner of a unit located within the real estate to be foreclosed. Failure of the association to transmit the notice does not affect the validity of the foreclosure.

     (b) Whether [or not] an owner’s unit is subject to the claims of the association’s creditors, no other property of an owner is subject to those claims.

 


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

ê2011 Statutes of Nevada, Page 2451 (Chapter 389, SB 204)ê

 

     Sec. 51.  NRS 116.31175 is hereby amended to read as follows:

     116.31175  1.  Except as otherwise provided in [this] subsection 4, the executive board of an association shall, upon the written request of a unit’s owner, make available the books, records and other papers of the association for review at the business office of the association or a designated business location not to exceed 60 miles from the physical location of the common-interest community and during the regular working hours of the association, including, without limitation [, all] :

     (a) The financial statement of the association;

     (b) The budgets of the association required to be prepared pursuant to NRS 116.31151;

     (c) The study of the reserves of the association required to be conducted pursuant to NRS 116.31152; and

     (d) All contracts to which the association is a party and all records filed with a court relating to a civil or criminal action to which the association is a party.

     2.  The executive board shall provide a copy of any of the records described in paragraphs (a), (b) and (c) of subsection 1 to a unit’s owner or the Ombudsman within 21 days after receiving a written request therefor. Such records must be provided in electronic format at no charge to the unit’s owner or, if the association is unable to provide the records in electronic format, the executive board may charge a fee to cover the actual costs of preparing a copy, but the fee may not exceed 25 cents per page for the first 10 pages, and 10 cents per page thereafter.

     3.  If the executive board fails to provide a copy of any of the records pursuant to subsection 2 within 21 days, the executive board must pay a penalty of $25 for each day the executive board fails to provide the records.

     4.  The provisions of [this] subsection 1 do not apply to:

     (a) The personnel records of the employees of the association, except for those records relating to the number of hours worked and the salaries and benefits of those employees;

     (b) The records of the association relating to another unit’s owner, including, without limitation, any architectural plan or specification submitted by a unit’s owner to the association during an approval process required by the governing documents, except for those records described in subsection [2;] 5; and

     (c) Any document, including, without limitation, minutes of an executive board meeting, a reserve study and a budget, if the document:

           (1) Is in the process of being developed for final consideration by the executive board; and

           (2) Has not been placed on an agenda for final approval by the executive board.

     [2.]  5.  The executive board of an association shall maintain a general record concerning each violation of the governing documents, other than a violation involving a failure to pay an assessment, for which the executive board has imposed a fine, a construction penalty or any other sanction. The general record:

     (a) Must contain a general description of the nature of the violation and the type of the sanction imposed. If the sanction imposed was a fine or construction penalty, the general record must specify the amount of the fine or construction penalty.

 


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

ê2011 Statutes of Nevada, Page 2452 (Chapter 389, SB 204)ê

 

     (b) Must not contain the name or address of the person against whom the sanction was imposed or any other personal information which may be used to identify the person or the location of the unit, if any, that is associated with the violation.

     (c) Must be maintained in an organized and convenient filing system or data system that allows a unit’s owner to search and review the general records concerning violations of the governing documents.

     [3.]  6.  If the executive board refuses to allow a unit’s owner to review the books, records or other papers of the association, the Ombudsman may:

     (a) On behalf of the unit’s owner and upon written request, review the books, records or other papers of the association during the regular working hours of the association; and

     (b) If the Ombudsman is denied access to the books, records or other papers, request the Commission, or any member thereof acting on behalf of the Commission, to issue a subpoena for their production.

     [4.]  7.  The books, records and other papers of an association must be maintained for at least 10 years. The provisions of this subsection do not apply to:

     (a) The minutes of a meeting of the units’ owners which must be maintained in accordance with NRS 116.3108; or

     (b) The minutes of a meeting of the executive board which must be maintained in accordance with NRS 116.31083.

     [5.]  8.  The executive board shall not require a unit’s owner to pay an amount in excess of $10 per hour to review any books, records, contracts or other papers of the association pursuant to the provisions of [this section.

     6.  If an official publication contains or will contain any mention of a candidate or ballot question, the official publication must, upon request and without charge, provide equal space to the candidate or a representative of an organization which supports the passage or defeat of the ballot question.

     7.  If an official publication contains or will contain the views or opinions of the association, the executive board, a community manager or an officer, employee or agent of an association concerning an issue of official interest, the official publication must, upon request and without charge, provide equal space to opposing views and opinions of a unit’s owner, tenant or resident of the common-interest community.

     8.  The association and its 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 subsection 6 or 7.

     9.  As used in this section:

     (a) “Issue of official interest” includes, without limitation:

           (1) Any issue on which the executive board or the units’ owners will be voting, including, without limitation, the election of members of the executive board; and

           (2) The enactment or adoption of rules or regulations that will affect a common-interest community.

     (b) “Official publication” means:

           (1) An official website;

           (2) An official newsletter or other similar publication that is circulated to each unit’s owner; or

           (3) An official bulletin board that is available to each unit’s owner,

 


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

ê2011 Statutes of Nevada, Page 2453 (Chapter 389, SB 204)ê

 

Ê which is published or maintained at the cost of an association and by an association, an executive board, a member of an executive board, a community manager or an officer, employee or agent of an association.] subsection 1.

     Sec. 52.  NRS 116.4101 is hereby amended to read as follows:

     116.4101  1.  NRS 116.4101 to 116.412, inclusive, apply to all units subject to this chapter, except as otherwise provided in [this section] subsection 2 or as modified or waived by agreement of purchasers of units in a common-interest community in which all units are restricted to nonresidential use.

     2.  Neither a public offering statement nor a certificate of resale need be prepared or delivered in the case of a:

     (a) Gratuitous disposition of a unit;

     (b) Disposition pursuant to court order;

     (c) Disposition by a government or governmental agency;

     (d) Disposition by foreclosure or deed in lieu of foreclosure;

     (e) Disposition to a dealer;

     (f) Disposition that may be cancelled at any time and for any reason by the purchaser without penalty; [or]

     (g) Disposition of a unit in a planned community which contains no more than 12 units if:

           (1) The declarant reasonably believes in good faith that the maximum assessment stated in the declaration will be sufficient to pay the expenses of the planned community; and

           (2) The declaration cannot be amended to increase the assessment during the period of the declarant’s control without the consent of all units’ owners [.

     3.  Except as otherwise provided in subsection 2, the provisions of NRS 116.4101 to 116.412, inclusive, do not apply to a planned community described in NRS 116.1203.] ; or

     (h) Disposition of a unit restricted to nonresidential purposes.

     Sec. 53.  NRS 116.4103 is hereby amended to read as follows:

     116.4103  1.  Except as otherwise provided in NRS 116.41035, a public offering statement must set forth or fully and accurately disclose each of the following:

     (a) The name and principal address of the declarant and of the common-interest community, and a statement that the common-interest community is [either] a condominium, cooperative or planned community.

     (b) A general description of the common-interest community, including to the extent possible, the types, number and declarant’s schedule of commencement and completion of construction of buildings, and amenities that the declarant anticipates including in the common-interest community.

     (c) The estimated number of units in the common-interest community.

     (d) Copies of the declaration, bylaws, and any rules or regulations of the association, but a plat is not required.

     (e) [A current year-to-date financial statement, including the most recent audited or reviewed financial statement, and the projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association. The budget must include, without limitation:

           (1) A statement of the amount included in the budget as reserves for repairs, replacement and restoration pursuant to NRS 116.3115; and

 


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

ê2011 Statutes of Nevada, Page 2454 (Chapter 389, SB 204)ê

 

           (2) The projected monthly assessment for common expenses for each type of unit, including the amount established as reserves pursuant to NRS 116.3115.] The financial information required by subsection 2.

     (f) A description of any services or subsidies being provided by the declarant or an affiliate of the declarant, not reflected in the budget [.] that the declarant provides, or expenses which the declarant pays and which the declarant expects may become at any subsequent time a common expense of the association and the projected common expense assessment attributable to each of those services or expenses for the association and for each type of unit.

     (g) Any initial or special fee due from the purchaser or seller at closing, including, without limitation, any transfer fees, whether payable to the association, the community manager of the association or any third party, together with a description of the purpose and method of calculating the fee.

     (h) The terms and significant limitations of any warranties provided by the declarant, including statutory warranties and limitations on the enforcement thereof or on damages.

     (i) A statement that unless the purchaser or his or her agent has personally inspected the unit, the purchaser may cancel, by written notice, his or her contract for purchase until midnight of the fifth calendar day following the date of execution of the contract, and the contract must contain a provision to that effect.

     (j) A statement of any unsatisfied [judgments] judgment or pending [suits] action against the association, and the status of any pending [suits] action material to the common-interest community of which a declarant has actual knowledge.

     (k) Any current or expected fees or charges to be paid by units’ owners for the use of the common elements and other facilities related to the common-interest community.

     (l) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.

     (m) Any restraints on alienation of any portion of the common-interest community and any restrictions:

           (1) On the leasing or renting of units; and

           (2) On the amount for which a unit may be sold or on the amount that may be received by a unit’s owner on the sale or condemnation of or casualty loss to the unit or to the common-interest community, or on termination of the common-interest community.

     (n) A description of any arrangement described in NRS 116.1209 binding the association.

     (o) The information statement set forth in NRS 116.41095.

     2.  The public offering statement must contain any current balance sheet and a projected budget for the association, either within or as an exhibit to the public offering statement, for 1 year after the date of the first conveyance to a purchaser, and thereafter the current budget of the association, a statement of who prepared the budget and a statement of the budget’s assumptions concerning occupancy and inflation factors. The budget must include:

 


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

ê2011 Statutes of Nevada, Page 2455 (Chapter 389, SB 204)ê

 

     (a) A statement of the amount included in the budget as a reserve for repairs, replacement and restoration pursuant to NRS 116.3115;

     (b) A statement of any other reserves;

     (c) The projected common expense assessment by category of expenditures for the association; and

     (d) The projected monthly common expense assessment for each type of unit, including the amount established as reserves pursuant to NRS 116.3115.

     3.  A declarant is not required to revise a public offering statement more than once each calendar quarter, if the following warning is given prominence in the statement: “THIS PUBLIC OFFERING STATEMENT IS CURRENT AS OF (insert a specified date). RECENT DEVELOPMENTS REGARDING (here refer to particular provisions of NRS 116.4103 and 116.4105) MAY NOT BE REFLECTED IN THIS STATEMENT.”

     Sec. 54.  NRS 116.41035 is hereby amended to read as follows:

     116.41035  If a common-interest community composed of not more than 12 units is not subject to any developmental rights and no power is reserved to a declarant to make the common-interest community part of a larger common-interest community, group of common-interest communities or other real estate, a public offering statement may [but need not] include the information otherwise required by paragraphs (h) and (k) of subsection 1 of NRS 116.4103.

     Sec. 55.  NRS 116.4109 is hereby amended to read as follows:

     116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner or his or her authorized agent shall, at the expense of the unit’s owner, furnish to a purchaser a resale package containing all of the following:

     (a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095;

     (b) A statement setting forth the amount of the monthly assessment for common expenses and any unpaid assessment of any kind currently due from the selling unit’s owner;

     (c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152;

     (d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge;

     (e) A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit; and

     (f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.

 


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

ê2011 Statutes of Nevada, Page 2456 (Chapter 389, SB 204)ê

 

     2.  The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the unit’s owner or his or her authorized agent or mail the notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to:

     (a) Cancel the contract pursuant to this subsection; or

     (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.

     3.  Within 10 days after receipt of a written request by a unit’s owner or his or her authorized agent, the association shall furnish all of the following to the unit’s owner or his or her authorized agent for inclusion in the resale package:

     (a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and

     (b) A certificate containing the information necessary to enable the unit’s owner to comply with paragraphs (b), (d) , [and] (e) and (f) of subsection 1.

     4.  If the association furnishes the documents and certificate pursuant to subsection 3:

     (a) The unit’s owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.

     (b) The association may charge the unit’s owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate.

     (c) The other documents furnished pursuant to subsection 3 must be provided in electronic format at no charge to the unit’s owner or, if the association is unable to provide such documents in electronic format, the association may charge the unit’s owner a reasonable fee, not to exceed 25 cents per page [,] for the first 10 pages, and 10 cents per page thereafter, to cover the cost of copying . [the other documents furnished pursuant to subsection 3.]

     (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.

     5.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the association. If the association fails to furnish the documents and certificate within the 10 days allowed by this section, the [seller] purchaser is not liable for the delinquent assessment.

 


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

ê2011 Statutes of Nevada, Page 2457 (Chapter 389, SB 204)ê

 

     6.  Upon the request of a unit’s owner or his or her authorized agent, or upon the request of a purchaser to whom the unit’s owner has provided a resale package pursuant to this section or his or her authorized agent, the association shall make the entire study of the reserves of the association which is required by NRS 116.31152 reasonably available for the unit’s owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.

     Sec. 56.  (Deleted by amendment.)

     Sec. 57.  NRS 116.4114 is hereby amended to read as follows:

     116.4114  1.  A declarant and any dealer warrant that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted.

     2.  A declarant and any dealer impliedly warrant that a unit and the common elements in the common-interest community are suitable for the ordinary uses of real estate of its type and that any improvements made or contracted for by [him or her,] a declarant or dealer, or made by any person before the creation of the common-interest community, will be:

     (a) Free from defective materials; and

     (b) Constructed in accordance with applicable law, according to sound standards of engineering and construction, and in a workmanlike manner.

     3.  [In addition, a] A declarant and any dealer warrant to a purchaser of a unit that may be used for residential use that an existing use, continuation of which is contemplated by the parties, does not violate applicable law at the earlier of the time of conveyance or delivery of possession.

     4.  Warranties imposed by this section may be excluded or modified as specified in NRS 116.4115.

     5.  For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant.

     6.  Any conveyance of a unit transfers to the purchaser all of the declarant’s implied warranties of quality.

     Sec. 58.  NRS 116.4116 is hereby amended to read as follows:

     116.4116  1.  [A] Unless a period of limitation is tolled under NRS 116.3111 or affected by subsection 4, a judicial proceeding for breach of any obligation arising under NRS 116.4113 or 116.4114 must be commenced within 6 years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than 2 years. With respect to a unit that may be occupied for residential use, an agreement to reduce the period of limitation must be evidenced by a separate instrument executed by the purchaser.

     2.  Subject to subsection 3, a cause of action for breach of warranty of quality, regardless of the purchaser’s lack of knowledge of the breach, accrues:

     (a) As to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and

     (b) As to each common element, at the time the common element is completed or, if later, as to:

 


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

ê2011 Statutes of Nevada, Page 2458 (Chapter 389, SB 204)ê

 

           (1) A common element that may be added to the common-interest community or portion thereof, at the time the first unit therein is conveyed to a bona fide purchaser; or

           (2) A common element within any other portion of the common-interest community, at the time the first unit is conveyed to a purchaser in good faith.

     3.  If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the common-interest community, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.

     4.  During the period of declarant control, the association may authorize an independent committee of the executive board to evaluate and enforce any warranty claims involving the common elements, and to address those claims. Only members of the executive board elected by units’ owners other than the declarant and other persons appointed by those independent members may serve on the committee, and the committee’s decision must be free of any control by the declarant or any member of the executive board or officer appointed by the declarant. All costs reasonably incurred by the committee, including attorney’s fees, are common expenses, and must be added to the budget annually adopted by the association in accordance with the requirements of NRS 116.31151. If the committee is so created, the period of limitation for a warranty claim considered by the committee begins to run from the date of the first meeting of the committee.

     Sec. 59.  NRS 116.4117 is hereby amended to read as follows:

     116.4117  1.  Subject to the requirements set forth in subsection 2, if a declarant, community manager or any other person subject to this chapter fails to comply with any of its provisions or any provision of the declaration or bylaws, any person or class of persons suffering actual damages from the failure to comply may bring a civil action for damages or other appropriate relief.

     2.  Subject to the requirements set forth in NRS 38.310 and except as otherwise provided in NRS 116.3111, a civil action for damages or other appropriate relief for a failure or refusal to comply with any provision of this chapter or the governing documents of an association may be brought:

     (a) By the association against:

           (1) A declarant;

           (2) A community manager; or

           (3) A unit’s owner.

     (b) By a unit’s owner against:

           (1) The association;

           (2) A declarant; or

           (3) Another unit’s owner of the association.

     (c) By a class of units’ owners constituting at least 10 percent of the total number of voting members of the association against a community manager.

     3.  Members of the executive board are not personally liable to the victims of crimes occurring on the property.

     4.  Except as otherwise provided in [NRS 116.31036,] subsection 5, punitive damages may be awarded for a willful and material failure to comply with any provision of this chapter if the failure is established by clear and convincing evidence.

 


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

ê2011 Statutes of Nevada, Page 2459 (Chapter 389, SB 204)ê

 

     [4.] 5.  Punitive damages may not be awarded against:

     (a) The association;

     (b) The members of the executive board for acts or omissions that occur in their official capacity as members of the executive board; or

     (c) The officers of the association for acts or omissions that occur in their capacity as officers of the association.

     6.  The court may award reasonable attorney’s fees to the prevailing party.

     [5.] 7.  The civil remedy provided by this section is in addition to, and not exclusive of, any other available remedy or penalty.

     8.  The provisions of this section do not prohibit the Commission from taking any disciplinary action against a member of an executive board pursuant to NRS 116.745 to 116.795, inclusive.

     Sec. 59.5.  NRS 116A.410 is hereby amended to read as follows:

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

     (a) Must establish the qualifications for the issuance of such a certificate, including, without limitation, the education and experience required to obtain such a certificate. The regulations must include, without limitation, provisions that:

           (1) Provide for the issuance of a temporary certificate for a 1-year period to a person who:

                (I) Holds a professional designation in the field of management of a common-interest community from a nationally recognized organization;

                (II) Provides evidence that the person has been engaged in the management of a common-interest community for at least 5 years; and

                (III) Has not been the subject of any disciplinary action in another state in connection with the management of a common-interest community.

           (2) Except as otherwise provided in subparagraph (3), provide for the issuance of a temporary certificate for a 1-year period to a person who:

                (I) Receives an offer of employment as a community manager from an association or its agent; and

                (II) Has management experience determined to be sufficient by the executive board of the association or its agent making the offer in sub-subparagraph (I). The executive board or its agent must have sole discretion to make the determination required in this sub-subparagraph.

           (3) Require a temporary certificate described in subparagraph (2) to expire before the end of the 1-year period if the certificate holder ceases to be employed by the association, or its agent, which offered the person employment as described in subparagraph (2).

           (4) Require a person who is issued a temporary certificate as described in subparagraph (1) or (2) to successfully complete not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act within the 1-year period.

           (5) Provide for the issuance of a certificate at the conclusion of the 1-year period if the person:

                (I) Has successfully completed not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act; and

                (II) Has not been the subject of any disciplinary action pursuant to this chapter or chapter 116 of NRS or any regulations adopted pursuant thereto.

 


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

ê2011 Statutes of Nevada, Page 2460 (Chapter 389, SB 204)ê

 

           (6) Provide that a temporary certificate described in subparagraph (1) or (2) and a certificate described in subparagraph (5):

                (I) Must authorize the person who is issued a temporary certificate described in subparagraph (1) or (2) or certificate described in subparagraph (5) to act in all respects as a community manager and exercise all powers available to any other community manager without regard to experience; and

                (II) Must not be treated as a limited, restricted or provisional form of a certificate.

     (b) [Must require an applicant or the employer of the applicant to post a bond in a form and in an amount established by regulation. The Commission shall, by regulation, adopt a sliding scale for the amount of the bond that is based upon the amount of money that applicants are expected to control. In adopting the regulations establishing the form and sliding scale for the amount of a bond required to be posted pursuant to this paragraph, the Commission shall consider the availability and cost of such bonds.

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

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

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

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

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

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

     3.  As used in this section, “management experience” means experience in a position in business or government, including, without limitation, in the military:

     (a) In which the person holding the position was required, as part of holding the position, to engage in one or more management activities, including, without limitation, supervision of personnel, development of budgets or financial plans, protection of assets, logistics, management of human resources, development or training of personnel, public relations, or protection or maintenance of facilities; and

     (b) Without regard to whether the person holding the position has any experience managing or otherwise working for an association.

     Sec. 60.  NRS 116.31177 is hereby repealed.

     Sec. 61.  This act becomes effective on January 1, 2012.

________

 


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

ê2011 Statutes of Nevada, Page 2461ê

 

CHAPTER 390, SB 151

Senate Bill No. 151–Senator Schneider

 

CHAPTER 390

 

[Approved: June 15, 2011]

 

AN ACT relating to transportation; requiring certain governmental entities in certain counties to develop a plan for a regional rapid transit system; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill requires the regional transportation commission in any county whose population is 700,000 or more (currently Clark County) to establish a regional rapid transit authority. The authority is required to analyze various considerations concerning the development of a regional rapid transit system, to develop a plan for such a system and to report to the appropriate committees of the Legislature the progress made on such analyses and plan development.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1-3.  (Deleted by amendment.)

     Sec. 4.  Chapter 277A of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  In a county whose population is 700,000 or more, the commission shall establish a regional rapid transit authority. The membership of the regional rapid transit authority must consist of:

     (a) The general manager of the commission, who shall act as chair of the authority;

     (b) One member appointed by the board of county commissioners;

     (c) Three members, one from each of the three largest cities within the county, who are appointed by the respective governing bodies of each city;

     (d) One member selected by the association of gaming establishments whose membership collectively paid the most gaming license fees to the State pursuant to NRS 463.370 in the county in the preceding year;

     (e) One member who is selected by the economic development authority in the county;

     (f) One member selected by the Department of Transportation; and

     (g) One member who has expertise in urban planning and design or architecture selected by the Nevada Arts Council.

     2.  The regional rapid transit authority shall develop a plan for the establishment of a regional rapid transit system:

     (a) In cooperation with economic development, engineering, planning, tourism and utility interests in the county; and

     (b) With the goal of quantifying the implications of introducing an exclusive rapid transit system in identified corridors in the county.

     3.  In carrying out its duties pursuant to subsection 2, the regional rapid transit authority shall:

     (a) Hold public meetings to, without limitation:

           (1) Evaluate the need for and desirability of a regional rapid transit system;

 


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

ê2011 Statutes of Nevada, Page 2462 (Chapter 390, SB 151)ê

 

           (2) Assess corridor and route feasibility and desirability; and

           (3) Review existing mass transit options to determine how to incorporate such options into a regional rapid transit system;

     (b) Undertake an analysis of various considerations involved with introducing and implementing a regional rapid transit system in the county, including, without limitation:

           (1) An assessment of the available rapid transit technologies, including, without limitation, technologies that use solar power or other renewable energy sources to minimize or eliminate the use of carbon-based fuels;

           (2) An assessment of the opportunities, costs and constraints of corridor options, including, without limitation:

                (I) An examination and evaluation of existing rail corridors and transit routes for inclusion in the regional rapid transit system;

                (II) An evaluation of potential sites for stations and facilities for the regional rapid transit system; and

                (III) Identification of locations in the county that would benefit most from proximity to a regional rapid transit system, including, without limitation, airports and existing or proposed special event venues such as stadiums and racetracks;

           (3) Estimates as to capital and operating costs;

           (4) An assessment of potential ridership and passenger demand;

           (5) An assessment of the environmental impact;

           (6) A potential project schedule; and

           (7) An assessment of financing options and funding sources, including, without limitation:

                (I) Processes for securing federal funding; and

                (II) The potential for voter approval for bonds to support any portion of the regional rapid transit system.

     4.  On or before February 1 of each year, the regional rapid transit authority shall submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the appropriate committee or committees of the Legislature. The report must set forth, without limitation:

     (a) The activities and meetings of the authority;

     (b) Any findings made by the authority regarding the analysis required by subsection 3; and

     (c) The plan or current draft of the plan developed by the authority pursuant to subsection 2.

     Sec. 5.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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

________

 


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

ê2011 Statutes of Nevada, Page 2463ê

 

CHAPTER 391, SB 423

Senate Bill No. 423–Committee on Finance

 

CHAPTER 391

 

[Approved: June 15, 2011]

 

AN ACT relating to assistance to certain persons; revising provisions concerning intermediary service organizations; revising provisions concerning financial assistance for certain persons with physical disabilities; eliminating the Senior Citizens Property Tax Assistance Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, an intermediary service organization is authorized to provide certain services for the benefit of a person with a disability if the organization holds a certificate issued by the Aging and Disability Services Division of the Department of Health and Human Services. (NRS 427A.701-427A.745) The Division may deny an application for such a certificate or suspend or revoke a previously issued certificate for various reasons, including the conviction of the applicant or certificate holder for certain crimes involving the abuse, neglect, exploitation or isolation of an older person or a vulnerable person. (NRS 427A.741) Section 2 of this bill expands the grounds for denial, suspension or revocation of such a certificate to include the conviction of the applicant or certificate holder for conspiracy to commit certain crimes involving the abuse, exploitation or isolation of an older person or a vulnerable person.

       Existing law requires the Division to establish a program to provide financial assistance to persons with physical disabilities to obtain such essential personal care as is necessary to enable the persons to live in a noninstitutional or unsupervised residential setting. (NRS 427A.793) Section 3 of this bill revises these provisions to instead require the Division to establish a program to provide services to such persons.

       Existing law entitles a person who is at least 62 years of age and meets certain income and other requirements to obtain a refund of a portion of the property taxes accrued against a home that he or she owns and maintains as a primary residence. A person who is otherwise qualified, but maintains his or her primary residence in a rented home, may also qualify for such a refund. This program is generally referred to as the Senior Citizens Property Tax Assistance Program. (NRS 427A.450-427A.600) Section 10 of this bill eliminates the Senior Citizens Property Tax Assistance Program.

 

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 427A.040 is hereby amended to read as follows:

     427A.040  1.  The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:

     (a) Serve as a clearinghouse for information related to problems of the aged and aging.

     (b) Assist the Director in all matters pertaining to problems of the aged and aging.

 


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

ê2011 Statutes of Nevada, Page 2464 (Chapter 391, SB 423)ê

 

     (c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.

     (d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

     (e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.

     (f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

     (g) Stimulate more effective use of existing resources and available services for the aged and aging.

     (h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

     (i) Coordinate all state and federal funding of service programs to the aging in the State.

     2.  The Division shall:

     (a) Provide access to information about services or programs for persons with disabilities that are available in this State.

     (b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

           (1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and

           (2) Making recommendations concerning new policies or services that may benefit persons with disabilities.

     (c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

     (d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Division shall:

           (1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;

           (2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and

 


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

ê2011 Statutes of Nevada, Page 2465 (Chapter 391, SB 423)ê

 

           (3) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.

     (e) Administer the following programs in this State that provide services for persons with disabilities:

           (1) The program established pursuant to NRS 427A.791, 427A.793 and 427A.795 to provide [financial assistance to] services for persons with physical disabilities;

           (2) The programs established pursuant to NRS 427A.800 to 427A.860, inclusive, to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;

           (3) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;

           (4) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 364.4; and

           (5) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

     (f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.

     (g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:

           (1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and

           (2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

     (h) Publish and make available to governmental entities and the general public a biennial report which:

           (1) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;

           (2) Reports the progress of the Division in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001;

           (3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;

           (4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting; and

 


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

ê2011 Statutes of Nevada, Page 2466 (Chapter 391, SB 423)ê

 

           (5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

     3.  The Division shall confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter.

     4.  The Division shall administer the provisions of chapter 656A of NRS.

     5.  The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter.

     Sec. 2.  NRS 427A.741 is hereby amended to read as follows:

     427A.741  In addition to the grounds listed in NRS 427A.719, the Division may deny a certificate to operate an intermediary service organization to an applicant or may suspend or revoke the certificate of a holder of a certificate to operate an intermediary service organization if:

     1.  The applicant or holder of a certificate has been convicted of:

     (a) Murder, voluntary manslaughter or mayhem;

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

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

     (d) Abuse or neglect of a child or contributory delinquency;

     (e) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

     (f) A violation of any provision of NRS [200.50955 or] 200.5099 [;] or 200.50995;

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

     (h) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

     2.  The holder of a certificate has continued to employ a person who has been convicted of a crime listed in subsection 1.

     Sec. 3.  NRS 427A.793 is hereby amended to read as follows:

     427A.793  1.  The Division shall establish a program to provide [financial assistance to] services for persons with physical disabilities for such essential personal care required pursuant to NRS 427A.795 as is necessary to enable them to live in a noninstitutional or unsupervised residential setting.

     2.  The Division shall adopt regulations:

     (a) Establishing the procedures for applying for [assistance] services for essential personal care;

     (b) Prescribing the criteria for determining the eligibility of an applicant;

     (c) Prescribing the nature [and the amounts of assistance] of the services which may be provided and the conditions imposed; and

     (d) Prescribing such other provisions as the Division considers necessary to administer the program.

 


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

ê2011 Statutes of Nevada, Page 2467 (Chapter 391, SB 423)ê

 

     3.  The decision of the Division regarding the eligibility of an applicant is a final decision for the purposes of judicial review.

     Sec. 4.  NRS 427A.795 is hereby amended to read as follows:

     427A.795  The essential personal care for which the Division may provide [assistance to] services for a person with a physical disability pursuant to NRS 427A.793 must include assisting the person with the physical disability in:

     1.  The elimination of wastes from the body.

     2.  Dressing and undressing.

     3.  Bathing and grooming.

     4.  The preparation and eating of meals.

     5.  Getting in and out of bed.

     6.  Repositioning while asleep.

     7.  The use of prostheses and other medical equipment.

     8.  Moving about.

     Sec. 5.  NRS 439.640 is hereby amended to read as follows:

     439.640  “Household income” [has the meaning ascribed to it in NRS 427A.480.] means the income received by a senior citizen and the spouse of the senior citizen.

     Sec. 6.  NRS 439.645 is hereby amended to read as follows:

     439.645  “Income” [has the meaning ascribed to it in NRS 427A.485.] means adjusted gross income, as defined in the Internal Revenue Code. The term includes, without limitation:

     1.  Tax-free interest;

     2.  The untaxed portion of a pension, individual retirement account or annuity;

     3.  Railroad retirement benefits;

     4.  Veterans’ pensions and compensation;

     5.  Payments received pursuant to the federal Social Security Act, including supplemental security income, but excluding hospital and medical insurance benefits for persons who are aged or disabled;

     6.  Public welfare payments, including allowances for shelter;

     7.  Unemployment insurance benefits;

     8.  Payments for lost time;

     9.  Payments received from disability insurance;

     10.  Disability payments received pursuant to workers’ compensation insurance;

     11.  Alimony;

     12.  Support payments;

     13.  Allowances received by dependents of servicemen or servicewomen;

     14.  The amount of recognized capital gains and losses excluded from adjusted gross income;

     15.  Life insurance proceeds in excess of $5,000;

     16.  Bequests and inheritances; and

     17.  Gifts of cash of more than $300 not between household members and such other kinds of cash received by a household as the Department specifies by regulation.

 


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

ê2011 Statutes of Nevada, Page 2468 (Chapter 391, SB 423)ê

 

     Sec. 7.  NRS 439.660 is hereby amended to read as follows:

     439.660  The Department shall, in cooperation with the various counties in this State:

     1.  Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to NRS [427A.450 to 427A.600, inclusive, and] 439.635 to 439.690, inclusive;

     2.  Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and

     3.  Design forms that may be used jointly by the Department and the various counties in this State to carry out the provisions of NRS [427A.450 to 427A.600, inclusive, and] 439.635 to 439.690, inclusive.

     Sec. 8.  NRS 439.715 is hereby amended to read as follows:

     439.715  “Household income” has the meaning ascribed to it in NRS [427A.480.] 439.640.

     Sec. 9.  NRS 439.725 is hereby amended to read as follows:

     439.725  “Income” has the meaning ascribed to it in NRS [427A.485.] 439.645.

     Sec. 10.  NRS 427A.450, 427A.455, 427A.460, 427A.465, 427A.470, 427A.475, 427A.480, 427A.485, 427A.490, 427A.495, 427A.500, 427A.505, 427A.510, 427A.515, 427A.520, 427A.522, 427A.525, 427A.530, 427A.535, 427A.540, 427A.545, 427A.550, 427A.555, 427A.560, 427A.565, 427A.570, 427A.575, 427A.580, 427A.585, 427A.590, 427A.595 and 427A.600 are hereby repealed.

     Sec. 11.  This act becomes effective on July 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 2469ê

 

CHAPTER 392, SB 429

Senate Bill No. 429–Committee on Finance

 

CHAPTER 392

 

[Approved: June 15, 2011]

 

AN ACT relating to the Children’s Health Insurance Program; revising provisions relating to the authority of the Department of Health and Human Services to contract for transportation services for the recipients of services under the Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Department of Health and Human Services is required, to the extent authorized by federal law, to contract with certain motor carriers or others to provide transportation services to certain recipients of services pursuant to the Children’s Health Insurance Program when those recipients are traveling to and from providers of services under those programs. (NRS 422.2705) Section 1 of this bill makes contracting by the Department for such transportation services discretionary. Section 2 of this bill provides that the amendatory provisions of this bill expire by limitation on June 30, 2013.

 

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 422.2705 is hereby amended to read as follows:

     422.2705  1.  The Department shall, to the extent authorized by federal law, contract with a common motor carrier, a contract motor carrier or a broker for the provision of transportation services to recipients of Medicaid [or recipients of services pursuant to the Children’s Health Insurance Program] traveling to and returning from providers of services under the State Plan for Medicaid . [or the Children’s Health Insurance Program.]

     2.  The Department may, to the extent authorized by federal law, contract with a common motor carrier, a contract motor carrier or a broker for the provision of transportation services to recipients of services pursuant to the Children’s Health Insurance Program traveling to and returning from providers of services under the Children’s Health Insurance Program.

     3.  The Director may adopt regulations concerning the qualifications of persons who may contract with the Department to provide transportation services pursuant to this section.

     [3.] 4.  The Director shall:

     (a) Require each motor carrier that has contracted with the Department to provide transportation services pursuant to this section to submit proof to the Department of a liability insurance policy, certificate of insurance or surety which is substantially equivalent in form to and is in the same amount or in a greater amount than the policy, certificate or surety required by the Department of Motor Vehicles pursuant to NRS 706.291 for a similarly situated motor carrier; and

 


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

ê2011 Statutes of Nevada, Page 2470 (Chapter 392, SB 429)ê

 

     (b) Establish a program, with the assistance of the Nevada Transportation Authority of the Department of Business and Industry, to inspect the vehicles which are used to provide transportation services pursuant to this section to ensure that the vehicles and their operation are safe.

     [4.] 5.  As used in this section:

     (a) “Broker” has the meaning ascribed to it in NRS 706.021.

     (b) “Common motor carrier” has the meaning ascribed to it in NRS 706.036.

     (c) “Contract motor carrier” has the meaning ascribed to it in NRS 706.051.

     Sec. 2.  This act becomes effective upon passage and approval and expires by limitation on June 30, 2013.

________

CHAPTER 393, SB 442

Senate Bill No. 442–Committee on Finance

 

CHAPTER 393

 

[Approved: June 15, 2011]

 

AN ACT relating to state parks; creating the Fund for State Park Interpretative and Educational Programs and Operation of Concessions; authorizing the Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources to establish certain concessions within state parks; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Division of State Parks of the State Department of Conservation and Natural Resources is funded by grants and gifts of money, fees and legislative appropriations. (NRS 407.075, 407.0762, 407.077) Section 2 of this bill authorizes the Administrator of the Division to establish concessions within the boundaries of any state park the revenue from which is required to be deposited in the Fund for State Park Interpretative and Educational Programs and Operation of Concessions. Section 1 of this bill creates the Fund for State Park Interpretative and Educational Programs and Operation of Concessions for the use of the Division and provides for the expenditure of money from the Fund.

 

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

     1.  The Fund for State Park Interpretative and Educational Programs and Operation of Concessions is hereby created as an enterprise fund for the use of the Division to receive all revenues derived from sales of concessions and vending machines operated within state parks and other special revenue generating activities.

 


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

ê2011 Statutes of Nevada, Page 2471 (Chapter 393, SB 442)ê

 

     2.  Money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.

     3.  In addition to any expenditure required by subsection 4, the cost of any goods and services used for the sale of concessions and the coordination of special revenue generating activities must be expended from the Fund.

     4.  Money deposited in the Fund must be expended:

     (a) By the Administrator, upon approval by the Director, for special interpretative or educational programs and special park projects that enhance the interpretative and educational mission of the Division; or

     (b) For any other purpose authorized by the Legislature or by the Interim Finance Committee if the Legislature is not in session.

     5.  Any balance remaining in the Fund does not revert to the State General Fund at the end of any fiscal year.

     Sec. 2.  NRS 407.065 is hereby amended to read as follows:

     407.065  1.  The Administrator, subject to the approval of the Director:

     (a) Except as otherwise provided in this paragraph, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.

     (b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.

     (c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

     (d) Shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue, upon application therefor and proof of residency and age, an annual permit for entering, camping and boating in all state parks and recreational areas in this State to any person who is 65 years of age or older and has resided in this State for at least 5 years immediately preceding the date on which the application is submitted. The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

     (e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

     (f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.

 


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

ê2011 Statutes of Nevada, Page 2472 (Chapter 393, SB 442)ê

 

     (g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

     (h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Fund for State Park Interpretive and Educational Programs and Operation of Concessions.

     2.  The Administrator:

     (a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee; and

     (b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee.

     3.  An annual permit issued pursuant to subsection 2 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.

     4.  Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.

     Sec. 3.  This act becomes effective on July 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 2473ê

 

CHAPTER 394, SB 443

Senate Bill No. 443–Committee on Finance

 

CHAPTER 394

 

[Approved: June 15, 2011]

 

AN ACT relating to probation; requiring counties to pay a percentage of the expense of presentence or general investigations and reports made by the Division of Parole and Probation of the Department of Public Safety; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Division of Parole and Probation of the Department of Public Safety to make presentence or general investigations and reports in certain circumstances. (NRS 176.133-176.159) This bill requires that 70 percent of the expense of any presentence or general investigation and report made by the Division, other than the expense of a psychosexual evaluation, be paid by the county in which the indictment was found or the information filed. Under this bill, a county must pay to the Division all such expenses according to a schedule established by the Division, which must require payment on at least a quarterly basis.

 

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

     1.  Seventy percent of the expense of any presentence or general investigation and report made by the Division pursuant to NRS 176.135 or 176.151, other than the expense of a psychosexual evaluation conducted pursuant to NRS 176.139, must be paid by the county in which the indictment was found or the information filed.

     2.  Each county shall pay to the Division all expenses required pursuant to subsection 1 according to a schedule established by the Division, which must require payment on at least a quarterly basis.

     Sec. 2.  NRS 176.133 is hereby amended to read as follows:

     176.133  As used in NRS 176.133 to 176.159, inclusive, and section 1 of this act, unless the context otherwise requires:

     1.  “Person professionally qualified to conduct psychosexual evaluations” means a person who has received training in conducting psychosexual evaluations and is:

     (a) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;

     (b) A psychologist licensed to practice in this State;

     (c) A social worker holding a master’s degree in social work and licensed in this State as a clinical social worker;

     (d) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;

     (e) A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS; or

     (f) A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.

 


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

ê2011 Statutes of Nevada, Page 2474 (Chapter 394, SB 443)ê

 

     2.  “Psychosexual evaluation” means an evaluation conducted pursuant to NRS 176.139.

     3.  “Sexual offense” means:

     (a) Sexual assault pursuant to NRS 200.366;

     (b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;

     (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

     (d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;

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

     (f) Incest pursuant to NRS 201.180;

     (g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;

     (h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;

     (i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;

     (j) Lewdness with a child pursuant to NRS 201.230;

     (k) Sexual penetration of a dead human body pursuant to NRS 201.450;

     (l) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

     (m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive, if punished as a felony; or

     (n) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

     Sec. 3.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

     Sec. 4.  This act becomes effective upon passage and approval for the purpose of adopting regulations and on July 1, 2011, for all other purposes.

________

 


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

ê2011 Statutes of Nevada, Page 2475ê

 

CHAPTER 395, SB 446

Senate Bill No. 446–Committee on Finance

 

CHAPTER 395

 

[Approved: June 15, 2011]

 

AN ACT relating to governmental administration; revising provisions governing the composition of the State Department of Conservation and Natural Resources; eliminating the Advisory Board on Natural Resources, the Division of Conservation Districts and the Commission for the Preservation of Wild Horses; creating the Conservation Districts Program within the Department; transferring the duties of the Division of Conservation Districts to the Conservation Districts Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law creates of the Advisory Board on Natural Resources to advise the Director of the State Department of Conservation and Natural Resources on certain matters relating to the use of land and natural resources in this State. (NRS 232.085) Section 35 of this bill eliminates the Advisory Board. Section 2 of this bill requires the Director to consider input from members of the public, industries in this State and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the matters upon which the Advisory Board provided input.

       Existing law creates the State Department of Conservation and Natural Resources, consisting of several divisions and commissions including the Division of Conservation Districts, the State Environmental Commission, the State Conservation Commission and the Commission for the Preservation of Wild Horses. (NRS 232.090) Section 3 of this bill eliminates the Division of Conservation Districts and the Commission for the Preservation of Wild Horses and creates the Conservation Districts Program within the Department. Section 14.5 of this bill transfers the duties of the Division of Conservation Districts to the Conservation Districts Program. Section 35 of this bill repeals provisions relating to the Advisory Board on Natural Resources, the Division of Conservation Districts and the Commission for the Preservation of Wild Horses.

 

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 232.055 is hereby amended to read as follows:

     232.055  1.  The Director shall appoint [two assistant directors] one deputy director of the Department and shall assign [their] his or her duties.

     2.  [Each assistant] The deputy director is in the unclassified service of the State.

     3.  Except as otherwise provided in NRS 284.143, [each assistant] the deputy director shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.

 


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

ê2011 Statutes of Nevada, Page 2476 (Chapter 395, SB 446)ê

 

     Sec. 2.  NRS 232.070 is hereby amended to read as follows:

     232.070  1.  As executive head of the Department, the Director is responsible for the administration, through the divisions and other units of the Department, of all provisions of law relating to the functions of the Department, except functions assigned by law to the State Environmental Commission [,] or the State Conservation Commission . [or the Commission for the Preservation of Wild Horses.]

     2.  Except as otherwise provided in subsection 4, the Director shall:

     (a) Establish departmental goals, objectives and priorities.

     (b) Approve divisional goals, objectives and priorities.

     (c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.

     (d) Coordinate divisional programs within the Department and coordinate departmental and divisional programs with other departments and with other levels of government.

     (e) Appoint the executive head of each division within the Department.

     (f) Delegate to the executive heads of the divisions such authorities and responsibilities as the Director deems necessary for the efficient conduct of the business of the Department.

     (g) Establish new administrative units or programs which may be necessary for the efficient operation of the Department, and alter departmental organization and reassign responsibilities as the Director deems appropriate.

     (h) From time to time adopt, amend and rescind such regulations as the Director deems necessary for the administration of the Department.

     (i) Consider input from members of the public, industries and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the following:

           (1) Matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection;

           (2) Matters relating to the park and recreational policy of the State;

           (3) The use of land within this State which is under the jurisdiction of the Federal Government;

           (4) The effect of state and federal agencies’ programs and regulations on the users of land under the jurisdiction of the Federal Government, and on the problems of those users of land; and

           (5) The preservation, protection and use of this State’s natural resources.

     3.  Except as otherwise provided in subsection 4, the Director may enter into cooperative agreements with any federal or state agency or political subdivision of the State, any public or private institution located in or outside the State of Nevada, or any other person, in connection with studies and investigations pertaining to any activities of the Department.

     4.  This section does not confer upon the Director any powers or duties which are delegated by law to the State Environmental Commission [,] or the State Conservation Commission , [or the Commission for the Preservation of Wild Horses,] but the Director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the commissions.

 


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

ê2011 Statutes of Nevada, Page 2477 (Chapter 395, SB 446)ê

 

     5.  All gifts of money and other property which the Director is authorized to accept must be accounted for in the Department of Conservation and Natural Resources Gift Fund which is hereby created as a trust fund.

     Sec. 3.  NRS 232.090 is hereby amended to read as follows:

     232.090  1.  The Department consists of the Director and the following divisions:

     (a) The Division of Water Resources.

     (b) The Division of State Lands.

     (c) The Division of Forestry.

     (d) The Division of State Parks.

     (e) [The Division of Conservation Districts.

     (f)] The Division of Environmental Protection.

     [(g)] (f) Such other divisions as the Director may from time to time establish.

     2.  The State Environmental Commission, the State Conservation Commission, the [Commission for the Preservation of Wild Horses,] Conservation Districts Program, the Nevada Natural Heritage Program and the Board to Review Claims are within the Department.

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  NRS 318.1181 is hereby amended to read as follows:

     318.1181  In the case of a district created wholly or in part for the purpose of furnishing fire protection, the board may:

     1.  Acquire fire protection equipment and acquire, construct or improve fire protection facilities and make improvements necessary and incidental thereto;

     2.  Eliminate fire hazards existing within the district in the manner prescribed in NRS 474.580 for districts created pursuant to chapter 474 of NRS;

     3.  Clear public highways and private lands of dry grass, stubble, bushes, rubbish and other inflammable material which in its judgment constitute a fire hazard;

     4.  Coordinate fire protection activities with the State Forester Firewarden ; [and the Advisory Board on Natural Resources;] and

     5.  Cooperate with the State Forester Firewarden [and the Advisory Board on Natural Resources] in formulating a statewide plan for the prevention and control of fires.

     Sec. 6.  NRS 321.355 is hereby amended to read as follows:

     321.355  1.  Before any state land may be leased, exchanged, sold or contracted for sale, the State Land Registrar, in consultation with the Department of Transportation [, the Advisory Board on Natural Resources] and with counties and local governments, shall designate any existing routes over the land which the State Land Registrar determines to be necessary for public access to any other land that is open to public use. If such a route is designated, the land must be conveyed with a right-of-way and all rights of access and abutter’s rights for the route reserved in the name of the State of Nevada. Any right-of-way reserved pursuant to this subsection may, when necessary as determined by the State Land Registrar and otherwise approved as required by law, be used by a public utility pursuant to the requirements set forth in NRS 322.050 and 322.060.

 


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

ê2011 Statutes of Nevada, Page 2478 (Chapter 395, SB 446)ê

 

     2.  After the land or interest in the land is conveyed, if the route is determined by the State Land Registrar, in consultation with the Department of Transportation [and the Advisory Board on Natural Resources] and with counties and local governments, to be no longer necessary for public access to other land which is open to public use, the State Land Registrar shall, subject to the provisions of subsections 3 and 4, release the right, title and interest of the State in and to the right-of-way to the purchaser or lessee of the land, his or her assigns or successors in interest.

     3.  Before releasing the state’s interest in the right-of-way, the State Land Registrar shall cause to be published in a newspaper of general circulation in the county where the right-of-way is located a notice of intent to release that interest. The notice must be published at least 30 days before the proposed date for the release and must contain:

     (a) A description of the location of the right-of-way;

     (b) The date upon which the release is to be effective; and

     (c) The mailing address of the State Land Registrar to which persons may send protests against the proposed release.

     4.  The State Land Registrar may, or upon the receipt of a written protest against the proposed release shall, hold a public hearing. The hearing must be:

     (a) Held in the county in which the right-of-way is located; and

     (b) Advertised at least 30 days before the date of the hearing in a newspaper of general circulation in the county where the right-of-way is located.

     Sec. 7.  NRS 321.7355 is hereby amended to read as follows:

     321.7355  1.  The State Land Use Planning Agency shall prepare, in cooperation with appropriate federal and state agencies and local governments throughout the State, plans or statements of policy concerning the acquisition and use of lands in the State of Nevada that are under federal management.

     2.  The State Land Use Planning Agency shall, in preparing the plans and statements of policy, identify lands which are suitable for acquisition for:

     (a) Commercial, industrial or residential development;

     (b) The expansion of the property tax base, including the potential for an increase in revenue by the lease and sale of those lands; or

     (c) Accommodating increases in the population of this State.

Ê The plans or statements of policy must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.

     3.  The State Land Use Planning Agency shall:

     (a) Encourage public comment upon the various matters treated in a proposed plan or statement of policy throughout its preparation and incorporate such comments into the proposed plan or statement of policy as are appropriate;

     (b) Submit its work on a plan or statement of policy periodically for review and comment by the Land Use Planning Advisory Council [, the Advisory Board on Natural Resources] and any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands;

 


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

ê2011 Statutes of Nevada, Page 2479 (Chapter 395, SB 446)ê

 

     (c) On or before February 1 of each odd-numbered year, prepare and submit a written report to the Legislature concerning any activities engaged in by the Agency pursuant to the provisions of this section during the immediately preceding biennium, including, without limitation:

           (1) The progress and any results of its work; or

           (2) Any plans or statements of policy prepared pursuant to this section; and

     (d) Provide written responses to written comments received from a county or city upon the various matters treated in a proposed plan or statement of policy.

     4.  Whenever the State Land Use Planning Agency prepares plans or statements of policy pursuant to subsection 1 and submits those plans or policy statements to the Governor, Legislature or an agency of the Federal Government, the State Land Use Planning Agency shall include with each plan or statement of policy the comments and recommendations of:

     (a) The Land Use Planning Advisory Council; and

     (b) [The Advisory Board on Natural Resources; and

     (c)] Any committees of the Legislature or subcommittees of the Legislative Commission that deal with matters concerning the public lands.

     5.  A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it before it is put into effect.

     Sec. 8.  NRS 407.063 is hereby amended to read as follows:

     407.063  1.  The Administrator may acquire for the Division, subject to the approval of the Director and with the concurrence of the Interim Finance Committee, and within the limits of legislative appropriation where money is required, real or personal property by lease or purchase. The right of eminent domain as provided by chapter 37 of NRS may be exercised by the Division. The Interim Finance Committee may clarify the legislative intent of an appropriation at the request of the Director [, any member of the advisory board on natural resources] or the Administrator.

     2.  Before approving the acquisition of real property to expand the area of land that surrounds a state park and in which development is to be restricted, the Interim Finance Committee shall consult the governing body of the county, city or town in which the land to be acquired is located.

     Sec. 9.  (Deleted by amendment.)

     Sec. 10.  NRS 501.020 is hereby amended to read as follows:

     501.020  [Except as otherwise provided in NRS 504.430 to 504.490, inclusive,] “Commission” means the Board of Wildlife Commissioners.

     Sec. 11.  NRS 502.225 is hereby amended to read as follows:

     502.225  1.  There is hereby created the Advisory Board on Dream Tags, consisting of the following five members:

     (a) One member appointed by the Governor;

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

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

     (d) One member appointed by the [Advisory Board on] Director of the State Department of Conservation and Natural Resources; and

     (e) The Vice Chair of the Commission, who serves as an ex officio member of the Board.

 


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

ê2011 Statutes of Nevada, Page 2480 (Chapter 395, SB 446)ê

 

     2.  Each appointed member of the Board must be a resident of this State and, following the initial terms, serves a term of 2 years.

     3.  At its first meeting each year, the members of the Board shall elect a Chair, who shall serve until the next Chair is elected. The Board shall meet as necessary at the call of the Chair.

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

     5.  While engaged in the business of the Board, to the extent of legislative appropriation, each member of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

     6.  To the extent of legislative appropriation, the Department shall provide the Board with such staff as is necessary to carry out the duties of the Board.

     7.  The Board shall, in accordance with the requirements of paragraph (c) of subsection 3 of NRS 502.219, determine the appropriate use of money received by a nonprofit organization from the proceeds of a Dream Tag raffle.

     Sec. 12.  NRS 504.490 is hereby amended to read as follows:

     504.490  1.  Any person, not authorized to do so, who:

     (a) Removes or attempts to remove a wild horse from the public lands;

     (b) Converts a wild horse to private use;

     (c) Harasses a wild horse or, except as otherwise provided in subsection 2, kills a wild horse;

     (d) Uses an aircraft or a motor vehicle to hunt any wild horse;

     (e) Pollutes or causes the pollution of a watering hole on public land to trap, wound, kill or maim a wild horse;

     (f) Makes or causes the remains of a wild horse to be made into any commercial product; or

     (g) Sells a wild horse which strays onto private property , [; or

     (h) Willfully violates a regulation adopted by the Commission for the Preservation of Wild Horses,]

Ê is guilty of a gross misdemeanor.

     2.  A person who willfully and maliciously kills a wild horse is guilty of a category C felony and shall be punished as provided in NRS 193.130.

     Sec. 12.3.  Chapter 548 of NRS is hereby amended by adding thereto a new section to read as follows:

     “Program” means the Conservation Districts Program in the State Department of Conservation and Natural Resources.

     Sec. 12.7.  NRS 548.015 is hereby amended to read as follows:

     548.015  As used in this chapter, the following terms have the meanings attributed to them in NRS 548.020 to 548.090, inclusive, and section 12.3 of this act, unless the context otherwise requires.

     Secs. 13 and 14.  (Deleted by amendment.)

     Sec. 14.5.  NRS 548.157 is hereby amended to read as follows:

     548.157  The [Division of Conservation Districts in the State Department of Conservation and Natural Resources] Program shall perform staff services for the Commission in carrying out its responsibilities under this chapter.

 


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

ê2011 Statutes of Nevada, Page 2481 (Chapter 395, SB 446)ê

 

     Sec. 15.  NRS 548.175 is hereby amended to read as follows:

     548.175  The Commission has the following duties and powers:

     1.  To carry out the policies of this State in programs at the state level for the conservation of the renewable natural resources of this State and to represent the State in matters affecting such resources.

     2.  To offer such assistance as may be appropriate to the supervisors of conservation districts in the carrying out of any of their powers and programs, to propose programs and to assist and guide districts in the preparation and carrying out of programs authorized under this chapter, to review district programs, to coordinate the programs of the districts and resolve any conflicts in such programs, and to facilitate, promote, assist, harmonize, coordinate and guide the programs and activities of districts as they relate to other special-purpose districts, counties and other public agencies.

     3.  To keep the supervisors of each of the districts informed of the activities and experience of all other districts organized pursuant to this chapter, and to facilitate an interchange of advice and experience among those districts and promote cooperation among them.

     4.  To secure the cooperation and assistance of the United States, any of its agencies and of other agencies of this State in the work of conservation districts.

     5.  To serve, along with conservation districts, as the official state agency for cooperating with the Natural Resources Conservation Service of the United States Department of Agriculture in carrying on conservation operations within the boundaries of conservation districts as created under this chapter.

     6.  To enlist the cooperation and collaboration of state, federal, interstate, local, public and private agencies with the conservation districts and to facilitate arrangements under which the conservation districts may serve county governing bodies and other agencies as their local operating agencies in the administration of any activity concerned with the conservation and use of renewable natural resources.

     7.  To make available, with the assistance of the [Division,] Program, information concerning the needs and the work of the districts and the Commission to the Director of the State Department of Conservation and Natural Resources, the Legislature, executive agencies and political subdivisions of this State, cooperating federal agencies and the general public.

     8.  To cooperate with and give such assistance as may be requested by cities, counties, irrigation districts, and other special-purpose districts in the State of Nevada for the purpose of cooperating with the United States through the Secretary of Agriculture in the furtherance of conservation, pursuant to the provisions of the Watershed Protection and Flood Prevention Act, 16 U.S.C. §§ 1001 et seq., and the requirements of other special programs of the United States Department of Agriculture.

     9.  Pursuant to procedures developed mutually by the Commission and federal, state and local agencies that are authorized to plan or administer activities significantly affecting the conservation and use of renewable natural resources, to receive from those agencies, for review and comment, suitable descriptions of their plans, programs and activities for purposes of coordination with the conservation districts’ programs and to arrange for and participate in conferences necessary to avoid conflict among the plans and programs, to call attention to omissions and to avoid duplication of effort.

 


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

ê2011 Statutes of Nevada, Page 2482 (Chapter 395, SB 446)ê

 

coordination with the conservation districts’ programs and to arrange for and participate in conferences necessary to avoid conflict among the plans and programs, to call attention to omissions and to avoid duplication of effort.

     10.  To submit, with the assistance of the [Division,] Program, a report to the Director of the State Department of Conservation and Natural Resources whenever the Commission determines that there exists a substantial conflict between the program of a district and the proposed plans or activities directly affecting the conservation of natural resources prepared by any other local governmental unit or agency of this State.

     11.  By administrative order of the Commission, upon the written request of the board of supervisors of the conservation district or districts involved, with a showing that the request has been approved by a majority vote of the members of each of the boards involved:

     (a) To transfer lands from one district established under the provisions of this chapter to another.

     (b) To divide a single district into two or more districts, each of which must, thereafter, operate as a separate district under the provisions of this chapter.

     (c) To consolidate two or more districts established under the provisions of this chapter into a single district under the provisions of this chapter.

     (d) To inform the [Administrative Officer of the Division] Program of any action taken pursuant to this subsection for [his or her] its approval of any new name and the appropriate entry in the [Administrative Officer’s] Program’s records of the changes made.

     12.  To authorize the change of name of any district, upon receipt by the Commission of a resolution by the board of supervisors of the district for such a change and to present the resolution to the [Administrative Officer of the Division] Program for processing and recording in accordance with the provisions of NRS 548.240.

     13.  To apply for any available grants and to accept and use any grants, gifts or donations to make available grants of money to qualified conservation districts to aid the districts in carrying out the provisions of this chapter.

     Sec. 16.  NRS 548.185 is hereby amended to read as follows:

     548.185  1.  Any 10 occupiers of land lying within the limits of the territory proposed to be organized into a district may file a petition with the [State Conservation] Commission asking that a conservation district be organized to function in the territory described in the petition.

     2.  The petition shall set forth:

     (a) The proposed name of the district.

     (b) That there is need, in the interest of public health, safety and welfare, for a conservation district to function in the territory described in the petition.

     (c) A description of the territory proposed to be organized as a district, which shall consist of one or more townships created pursuant to chapter 257 of NRS.

     (d) A request that a referendum be held within the territory so defined on the question of the creation of a conservation district in such territory, and that the Commission determine that such a district be created.

 


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

ê2011 Statutes of Nevada, Page 2483 (Chapter 395, SB 446)ê

 

     3.  Where more than one petition is filed covering parts of the same territory, the [State Conservation] Commission may consolidate all or any such petitions.

     Sec. 17.  NRS 548.190 is hereby amended to read as follows:

     548.190  1.  Within 30 days after such a petition has been filed with the [State Conservation] Commission, it shall cause due notice to be given of a proposed hearing upon:

     (a) The question of the desirability and necessity, in the interest of the public health, safety and welfare, of the creation of such district.

     (b) The question of the appropriate boundaries to be assigned to such district.

     (c) The propriety of the petition and other proceedings taken under this chapter.

     (d) All questions relevant to such inquiries.

     2.  All occupiers of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested persons, shall have the right to attend such hearings and to be heard.

     3.  If it shall appear upon the hearing that it may be desirable to include, within the proposed district, territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing shall be held.

     Sec. 18.  NRS 548.195 is hereby amended to read as follows:

     548.195  1.  After such hearing, if the Commission determines, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety and welfare, for a conservation district to function in the territory considered at the hearing, the Commission shall make and record such determination, and shall determine the township or townships to be included in the district.

     2.  In making such determination, the Commission shall give due weight and consideration to:

     (a) The topography of the area considered and of the State.

     (b) The composition of soils therein.

     (c) The distribution of erosion.

     (d) The prevailing land use practices.

     (e) The desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries.

     (f) The relation of the proposed area to existing watersheds and agricultural regions, and to other conservation districts already organized or proposed for organization under the provisions of this chapter.

     (g) Such other physical, geographical and economic factors as are relevant, having due regard to the legislative determinations set forth in NRS 548.095 to 548.110, inclusive.

     3.  After consideration of the petition and of any other evidence of interest in the organization of a district, and of the relevant factors regarding the need for a district to function in the territory being considered, the [State Conservation] Commission may make the determination of such need without holding a hearing.

 


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

ê2011 Statutes of Nevada, Page 2484 (Chapter 395, SB 446)ê

 

     Sec. 19.  NRS 548.220 is hereby amended to read as follows:

     548.220  After 6 months shall have expired from the date of entry of a determination by the [State Conservation] Commission that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed and action taken thereon in accordance with the provisions of this chapter.

     Sec. 20.  NRS 548.235 is hereby amended to read as follows:

     548.235  1.  The five appointed supervisors shall present to the [Administrative Officer of the Division] Program an application signed by them, which states:

     (a) That a petition for the creation of the district was filed with the Commission pursuant to the provisions of this chapter, and that the proceedings specified in this chapter were taken pursuant to that petition.

     (b) That the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this chapter.

     (c) That the Commission has appointed them as supervisors.

     (d) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office.

     (e) The term of office of each of the supervisors.

     (f) The name which is proposed for the district.

     (g) The location of the principal office of the supervisors of the district.

     2.  The application must be subscribed and sworn to by each of the supervisors before a person authorized to take and certify oaths, who shall certify upon the application that the person personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer’s presence.

     3.  The application must be accompanied by a statement by the Commission:

     (a) That a petition was filed, notice issued and hearing held as required by this chapter.

     (b) That the Commission did determine that there is need, in the interest of the public health, safety and welfare, for a conservation district to function in the proposed territory and did define the township or townships to be included.

     (c) That notice was given and a referendum held on the question of the creation of such a district, and that a majority of the votes cast in such referendum were in favor of the creation of the district.

     (d) That thereafter the Commission did determine that the operation of the proposed district is administratively practicable and feasible.

     4.  The statement must set forth the township or townships to be included.

     Sec. 21.  NRS 548.240 is hereby amended to read as follows:

     548.240  1.  The [Administrative Officer of the Division] Program shall examine the application and statement, and if the [Administrative Officer] Program finds that the name proposed for the district is not identical with that of any other conservation district of this State or so nearly similar as to lead to confusion or uncertainty, the [Administrative Officer] Program shall record them in an appropriate book of record . [in his or her office.]

 


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

ê2011 Statutes of Nevada, Page 2485 (Chapter 395, SB 446)ê

 

     2.  If the [Administrative Officer of the Division] Program finds that the name proposed for the district is identical with that of any other conservation district of this State, or so nearly similar as to lead to confusion and uncertainty, the [Administrative Officer] Program shall notify the Commission. The Commission shall thereupon submit a new name for the district. Upon receipt of a new name, free of such defects, the [Administrative Officer] Program shall record the application and statement, with the name so modified, in an appropriate book of record . [in his or her office.]

     3.  When the application and statement have been recorded, the district becomes a governmental subdivision of this State and a public body corporate and politic.

     4.  The [Administrative Officer of the Division] Program shall make and issue to the supervisors a certificate, over [his or her] the signature [,] of a member of the staff of the Program, of the organization of the district.

     5.  The boundaries of the district must include the territory determined by the Commission, but must not include any area included within the boundaries of another conservation district organized under the provisions of this chapter.

     Sec. 22.  NRS 548.245 is hereby amended to read as follows:

     548.245  1.  In any suit, action or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding or action of the district, the district shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the issuance of the certificate by the [Administrative Officer of the Division.] Program.

     2.  A copy of such a certificate issued by the [Administrative Officer of the Division] Program is admissible in evidence in any such suit, action or proceeding and is proof of the contents thereof.

     Sec. 23.  NRS 548.250 is hereby amended to read as follows:

     548.250  1.  Within 30 days after the date of issuance by the [Administrative Officer of the Division] Program of a certificate of organization of a conservation district, nominating petitions may be filed with the Commission to nominate candidates for supervisors at large of the district.

     2.  The Commission may extend the time within which nominating petitions may be filed.

     3.  No nominating petition may be accepted by the Commission unless it is subscribed by three or more registered voters residing within the district.

     4.  Registered voters of the district may sign more than one nominating petition to nominate more than one candidate for supervisor.

     Sec. 24.  NRS 548.285 is hereby amended to read as follows:

     548.285  1.  The county clerk of the county in which a conservation district is situated, or the county clerk’s designee, shall conduct a biennial nonpartisan election for the replacement of any supervisors whose terms are about to expire and shall pay all costs of that election from county funds.

     2.  The election must be held either at a mass meeting of electors, held in a centrally located public meeting place within the district, or as part of the general election.

     3.  If a mass meeting is held for the election, it must be held on one of the first 10 days of November in each even-numbered year.

 


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

ê2011 Statutes of Nevada, Page 2486 (Chapter 395, SB 446)ê

 

     4.  If the election is held at a mass meeting:

     (a) The chair of the district supervisors shall preside at this meeting and the secretary of the district shall keep a record of transactions at the meeting.

     (b) Nominations of candidates must be made verbally from the floor.

     (c) Voting must be by secret ballot. The chair of the district supervisors shall appoint three electors present to act, without pay, as judges and tellers to count the votes at the conclusion of voting.

     5.  If the election is held as part of the general election:

     (a) Candidates are bound by the election laws governing county elections.

     (b) Ballots must be provided bearing the names of candidates in alphabetical order by surnames with a square before each name and a direction to insert an X mark in the square before the name or names of the voter’s choice.

     (c) At the close of polling, the sealed ballot boxes must be delivered unopened to the county clerk or the county clerk’s designee, who shall appoint three electors to act, without pay, as judges and tellers to open the boxes and count the votes.

     6.  The result of the election must be certified to the Commission and to the [Administrative Officer of the Division] Program by the county clerk or the county clerk’s designee, within 1 week following the date of election.

     7.  If a conservation district embodies land lying in more than one county, the county clerks of the respective counties shall confer and delegate to the clerk of the county having the greatest number of qualified electors of the conservation district the duty of carrying out the provisions of this section and shall reimburse that county on a pro rata basis for their respective counties’ shares of the expenses of conducting the election.

     Sec. 25.  NRS 548.295 is hereby amended to read as follows:

     548.295  1.  A vacancy in the office of supervisor of a district must be filled for the unexpired term as soon as practicable after the office becomes vacant, by appointment by the remaining supervisors of the district.

     2.  The chair of the governing body of a district shall certify all such appointments immediately to the Commission and to the [Administrative Officer of the Division.] Program.

     Sec. 26.  (Deleted by amendment.)

     Sec. 27.  NRS 548.515 is hereby amended to read as follows:

     548.515  1.  Petitions for including additional territory within an existing district shall be filed with the [State Conservation] Commission.

     2.  The proceedings provided for in this chapter in the case of petitions to organize a district shall be observed in the case of petitions for inclusion, except that the application for a certificate of inclusion shall be signed by the chair and the secretary of the governing body of the district into which the additional territory is to be included.

     3.  The [State Conservation] Commission shall prescribe the form for the petitions, which shall be, as nearly as practicable, in the form prescribed in this chapter for petitions to organize a district.

     4.  Where the total number of land occupiers in the area proposed for inclusion shall be less than 25, the petition may be filed when signed by a majority of the occupiers of such area, and in such case no referendum need be held.

 


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

ê2011 Statutes of Nevada, Page 2487 (Chapter 395, SB 446)ê

 

     5.  In referenda upon petitions for inclusion, all occupiers of land lying within the proposed additional area shall be eligible to vote.

     6.  The Commission shall determine whether or not such inclusion shall be made.

     Sec. 28.  NRS 548.520 is hereby amended to read as follows:

     548.520  1.  Petitions to withdraw lands from a district may be filed with the [State Conservation] Commission at any time.

     2.  The Commission shall prescribe the form of the petition, which shall be, as nearly as practicable, in the form prescribed in this chapter for petitions to organize a district.

     3.  Where the total number of land occupiers in the area affected by a proposed withdrawal will be less than 25, the petition may be filed when signed by a majority of the occupiers of such area, and in such case no referendum need be held.

     4.  In referenda upon petitions for withdrawal, all occupiers of land lying within the area affected by the proposed change in boundary shall be eligible to vote.

     5.  The Commission shall determine whether or not such withdrawal shall be made.

     Sec. 29.  NRS 548.525 is hereby amended to read as follows:

     548.525  1.  At any time after 5 years after the organization of a district under the provisions of this chapter, any 10 occupiers of land lying within the boundaries of such district may file a petition with the [State Conservation] Commission praying that the operations of the district be terminated and the existence of the district be discontinued.

     2.  The Commission may conduct such public meetings and public hearings upon such petition as may be necessary to assist it in the consideration thereof.

     3.  The Commission shall determine, on the basis of information presented in the petition or brought out in public hearings and on the basis of the number of petitioners in relation to the total number of occupiers of land lying within the district, whether it can render a reasonable determination of approval or denial of the petition without holding a referendum, or whether a referendum shall be held.

     Sec. 30.  NRS 548.530 is hereby amended to read as follows:

     548.530  1.  Within 60 days after a petition for discontinuance has been received by the [state conservation commission,] Commission, it shall give due notice of the holding of the referendum if one is to be held.

     2.  The Commission shall supervise the referendum and issue appropriate regulations governing the conduct thereof.

     3.  The question shall be submitted by ballots upon which the words “For terminating the existence of the ................ (name of the conservation district to be here inserted)” and “Against terminating the existence of the ............... (name of the conservation district to be here inserted)” shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of the propositions, as the voter may favor or oppose discontinuance of such district.

     4.  All persons determined by the county clerk or clerks to be registered voters residing within the district are eligible to vote in such referendum.

 


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

ê2011 Statutes of Nevada, Page 2488 (Chapter 395, SB 446)ê

 

     5.  No informalities in the conduct of such referendum or in any matters relating thereto invalidate the referendum or the result thereof if notice thereof was given substantially as provided in this chapter and the referendum was fairly conducted.

     6.  The Commission shall publish the result of the referendum.

     Sec. 31.  NRS 548.540 is hereby amended to read as follows:

     548.540  The [State Conservation] Commission shall not entertain petitions for the discontinuance of any district, nor conduct referenda upon such petitions, nor make any determination pursuant to such petitions in accordance with the provisions of this chapter, more often than once in 5 years.

     Sec. 32.  NRS 548.545 is hereby amended to read as follows:

     548.545  1.  Upon receipt from the Commission of a certification that the Commission has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to the provisions of NRS 548.535, the supervisors shall forthwith proceed to terminate the affairs of the district.

     2.  The supervisors shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of the sale to the State Treasurer for deposit in the State Treasury.

     3.  The supervisors shall thereupon file an application with the [Administrative Officer of the Division] Program for the discontinuance of the district, and shall transmit with the application the certificate of the Commission setting forth the determination of the Commission that the continued operation of the district is not administratively practicable and feasible. The application must recite that the property of the district has been disposed of and the proceeds paid over as provided in this section, and must set forth a full accounting of those properties and proceeds of the sale.

     4.  The [Administrative Officer of the Division] Program shall issue to the supervisors a certificate of dissolution and shall record the certificate in an appropriate book of records . [in his or her office.]

     Sec. 33.  NRS 548.550 is hereby amended to read as follows:

     548.550  1.  Upon the issuance of a certificate of dissolution under the provisions of NRS 548.545, all ordinances and regulations theretofore adopted and in force within such district shall be of no further force and effect.

     2.  All contracts theretofore entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in such contracts. The [State Conservation] Commission shall be substituted for the district or supervisors as a party to such contracts. The Commission shall be entitled to all benefits and shall be subject to all liabilities under such contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate such contracts by mutual consent or otherwise, as the supervisors of the district would have had.

     3.  Such dissolution shall not affect the lien of any judgment entered under the provisions of NRS 548.455, nor the pendency of any action instituted under the provisions of NRS 548.445 and 548.450, and the Commission shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions.

 


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

ê2011 Statutes of Nevada, Page 2489 (Chapter 395, SB 446)ê

 

     Sec. 34.  NRS 561.218 is hereby amended to read as follows:

     561.218  1.  The Director shall appoint a person to manage the activities of the Department relating to natural resources, land use planning and the management and control of wild horses, estrays and feral livestock. The person must be appointed on the basis of merit and is in the unclassified service of the State. The Director may remove the person from office with the approval of the Board.

     2.  The person appointed shall:

     (a) Establish and carry out a policy for the management and control of estrays and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this State.

     (b) Develop cooperative agreements and working relationships with federal and state agencies and local governments for land use planning and the preservation and allocation of natural resources necessary to advance and protect the livestock and agricultural industries in this State.

     (c) Cooperate with private organizations and governmental agencies to develop procedures and policies for the management and control of wild horses.

     (d) Monitor gatherings of estrays and feral livestock conducted pursuant to the provisions of NRS 569.040 to 569.130, inclusive, and assist district brand inspectors in identifying estrays before they are sold or given a placement or other disposition through a cooperative agreement established pursuant to NRS 569.031.

     (e) Provide the members of the general public with information relating to the activities of the Department and solicit recommendations from the members of the general public and advisory groups concerning those activities.

     (f) Make assessments of the level of competition between livestock and wildlife for food and water, collect data concerning the movement of livestock and perform activities necessary to control noxious weeds.

     (g) Participate in land use planning relating to the competition for food and water between livestock and wildlife to ensure the maintenance of the habitat of both livestock and wildlife.

     (h) Present testimony, conduct research and prepare reports for the Governor, the Legislature, the Director and any other person or governmental entity as directed by the Director.

     (i) Develop and carry out a program to educate the members of the general public concerning the programs administered by the Department, including programs for the management and control of estrays and feral livestock.

     (j) Make proposals to the Director for the amendment of the regulations adopted by the Board pursuant to NRS 561.105.

     (k) Perform such other duties as directed by the Director.

     3.  As used in this section:

     (a) “Estray” has the meaning ascribed to it in NRS 569.0075.

     (b) “Feral livestock” has the meaning ascribed to it in NRS 569.008.

     (c) “Wild horse” [has the meaning ascribed to it in NRS 504.430.] means a horse, mare or colt which is unbranded and unclaimed and lives on public land.

 


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

ê2011 Statutes of Nevada, Page 2490 (Chapter 395, SB 446)ê

 

     Sec. 35.  NRS 232.085, 232.125, 504.430, 504.440, 504.450, 504.460, 504.470, 504.480, 504.485 and 548.035 are hereby repealed.

     Sec. 36.  The member of the Advisory Board on Dream Tags appointed by the Advisory Board on Natural Resources shall continue to serve on the Advisory Board on Dream Tags for the duration of his or her term unless removed before that date in the manner authorized by law.

     Sec. 37.  (Deleted by amendment.)

     Sec. 38.  As soon as is practicable after July 1, 2011, at the time the Heil Trust Fund for Wild Horses established pursuant to NRS 504.450 is abolished, the State Treasurer shall ensure that any money remaining in the Heil Trust Fund for Wild Horses is transferred to the State General Fund.

     Sec. 39.  The Legislative Counsel shall, in preparing:

     1.  The reprint and supplements to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is adopted or amended by another act, appropriately change any reference to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer of agency. If any internal reference is made to a section repealed by this act, the Legislative Counsel shall delete the reference and replace it by reference to the superseding section, if any.

     2.  Supplements to the Nevada Administrative Code, appropriately change any reference to an officer or agency whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer of agency. If any internal reference is made to a section repealed by this act, the Legislative Counsel shall delete the reference and replace it by reference to the superseding section, if any.

     Sec. 40.  This act becomes effective on July 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 2491ê

 

CHAPTER 396, SB 447

Senate Bill No. 447–Committee on Finance

 

CHAPTER 396

 

[Approved: June 15, 2011]

 

AN ACT relating to protection of children; revising provisions governing the corrective actions that are required when an agency which provides child welfare services is not in compliance with certain laws, plans or policies; providing for the Division of Child and Family Services of the Department of Health and Human Services to award block grants, categorical grants and to administer a program to award incentive payments to an agency which provides child welfare services in larger counties; requiring the Division to submit an annual report to the Governor and the Legislature concerning the program to award incentive payments; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law the Division of Child and Family Services of the Department of Health and Human Services provides child welfare services directly or arranges for the provision of such services in smaller counties. The Division further administers all federal money granted to the State for child welfare services and coordinates and monitors the delivery of child welfare services in this State. The Division further evaluates all child welfare services provided throughout the State and is required to ensure that agencies which provide child welfare services carry out corrective actions when the agencies are not in compliance with the law or with statewide plans or policies. (NRS 432B.180) Section 2 of this bill requires an agency which provides child welfare services to carry out such corrective actions or develop and submit a corrective action plan to the Division within 60 days. Section 2 further requires the agency which provides child welfare services to carry out the corrective action plan within 90 days after it is approved. If it is not carried out within that time, the agency which provides child welfare services is subject to certain actions by the Division, which may include having money withheld.

       Section 3 of this bill requires each agency which provides child welfare services to submit an improvement plan to the Division of Child and Family Services. The improvement plan submitted by the agency which provides child welfare services must cover a period of 2 years and include specific performance targets for improving the services provided to children in the care of the agency. Each year, the agency which provides child welfare services is required to submit data to the Division demonstrating the progress made toward meeting the specific performance targets.

       Section 4 of this bill requires the Division of Child and Family Services to administer a program to award incentive payments to an agency which provides child welfare services in larger counties and sets forth the requirements for any agency to apply for and the Division to award such incentive payments. Sections 5 and 6 of this bill provide the manner in which an agency which provides child welfare services may apply for incentive payments for the fiscal years following an award of an incentive payment and provides that the amount of such subsequent incentive payments will be determined based upon whether the agency achieved the goal for which the incentive payment was made and, if not, the percentage of the goal that was achieved. Section 8.5 of this bill provides for a different amount for the incentive payments awarded in Fiscal Years 2012-2013 and 2013-2014.

 


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

ê2011 Statutes of Nevada, Page 2492 (Chapter 396, SB 447)ê

 

       Section 7 of this bill requires the Division of Child and Family Services to prepare and submit a report concerning the improvements plans and the program for incentive payments to the Governor and the Legislature on or before January 31 of each year.

       Section 7.5 of this bill requires the Division of Child and Family Services to award a block grant for each fiscal year to each agency which provides child welfare services in larger counties to the extent that money has been appropriated in an amount which is based on the amount appropriated for the previous biennium. An agency which provides child welfare services that receives a block grant is authorized to use the money without restriction, and any money remaining at the end of the fiscal year does not revert to the State General Fund. The amount of the block grant will be reduced if the county appropriates an amount less than the amount granted to the agency which provides child welfare services for the fiscal year beginning on July 1, 2010.

       Section 7.7 of this bill requires the Division of Child and Family Services to provide a categorical grant to each agency which provides child welfare services for each fiscal year for its adoption assistance program to the extent that money is available for that purpose.

 

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 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7.7, inclusive, of this act.

     Sec. 2.  1.  When the Division of Child and Family Services determines pursuant to subsection 7 of NRS 432B.180 that corrective action by an agency which provides child welfare services is necessary, the Division shall notify the agency which provides child welfare services of the specific areas in which the agency is in noncompliance with the federal or state laws, regulations adopted pursuant to such laws or statewide plans or policies and inform the agency which provides child welfare services that it must, within 60 days, carry out the corrective action or develop a corrective action plan.

     2.  The Division of Child and Family Services shall determine whether to approve a corrective action plan submitted pursuant to subsection 1 within 30 days after receipt. If the Division of Child and Family Services does not approve the plan, the Division of Child and Family Services must notify the agency which provides child welfare services of the deficiencies and allow the agency which provides child welfare services 30 days in which to submit a revised corrective action plan for reconsideration. If a revised corrective action plan is not resubmitted within 30 days, the Division may take any of the actions set forth in subsection 4.

     3.  After the Division of Child and Family Services approves a corrective action plan, the agency which provides child welfare services must carry out the plan within 90 days.

     4.  If the agency which provides child welfare services fails to take corrective action or to carry out a corrective action plan within the required period, the Division of Child and Family Services may take one or more of the following actions:

 


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

ê2011 Statutes of Nevada, Page 2493 (Chapter 396, SB 447)ê

 

     (a) Withhold money from the agency which provides child welfare services;

     (b) Impose an administrative fine against the agency which provides child welfare services;

     (c) Provide the agency which provides child welfare services with direct supervision and recover the cost and expenses incurred by the Division in providing such supervision; and

     (d) Require the agency which provides child welfare services to determine whether it is necessary to impose disciplinary action that is consistent with the personnel rules of the agency which provides child welfare services against an employee who substantially contributed to the noncompliance of the agency which provides child welfare services with the federal or state laws, regulations adopted pursuant to such laws or statewide plans or policies, including, without limitation, suspension of the employee without pay, if appropriate.

     5.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations which prescribe the circumstances under which action must be taken against an agency which provides child welfare services for failure to take corrective action and which specify that any such action by the Division must not impede the provision of child welfare services.

     6.  The Division of Child and Family Services shall deposit any money received from the administrative fines imposed pursuant to this section with the State Treasurer for credit to the State General Fund. The State Treasurer shall account separately for the money deposited pursuant to this subsection. The money in the account may only be used by the Division to improve the provision of child welfare services in this State, including, without limitation:

     (a) To pay the costs associated with providing training and technical assistance and conducting quality improvement activities for an agency which provides child welfare services to assist the agency in any area in which the agency has failed to take corrective action; and

     (b) Hiring a qualified consultant to conduct such training, technical assistance and quality improvement activities.

     Sec. 3.  1.  Each agency which provides child welfare services shall submit an improvement plan to the Division of Child and Family Services on or before January 1 of each odd-numbered year.

     2.  Before submitting an improvement plan pursuant to subsection 1, the agency must solicit public input regarding the proposed improvement plan. The agency which provides child welfare services shall submit with the improvement plan an explanation of the manner in which the agency solicited such public input and a summary of any input received.

     3.  The improvement plan must cover a period of 2 years and include, without limitation:

     (a) Specific performance targets for improving the safety, permanency and well-being of the children in the care of the agency which provides child welfare services; and

 


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

ê2011 Statutes of Nevada, Page 2494 (Chapter 396, SB 447)ê

 

     (b) The approach that the agency which provides child welfare services will take to achieve the specific performance targets, including, without limitation, specific strategies that will be used.

     4.  On or before December 31 of each year, the agency which provides child welfare services must submit to the Division of Child and Family Services data demonstrating the progress that the agency which provides child welfare services has made towards meeting the specific performance targets set forth in the improvement plan submitted pursuant to subsection 1.

     Sec. 4.  1.  The Division of Child and Family Services shall administer a program to award incentive payments to an agency which provides child welfare services in a county whose population is 100,000 or more.

     2.  On or before May 1 of each year, an agency which provides child welfare services may submit an application to the Division of Child and Family Services for an incentive payment.

     3.  The application for an incentive payment must include, without limitation:

     (a) A description of the specific goal that the agency which provides child welfare services agrees to achieve by June 30 of the following year if the incentive payment is awarded;

     (b) Baseline data to support the need to achieve the specific goal and which will provide a manner in which to measure whether the goal is achieved or to determine the percentage of the goal that is achieved; and

     (c) The amount requested by the agency which provides child welfare services as an incentive payment.

     4.  If the Division of Child and Family Services does not approve the application, the Division must notify the agency which provides child welfare services of the specific deficiencies in the application and allow the agency to resubmit the application within 30 days.

     5.  If the Division of Child and Family Services approves the application, the Division of Child and Family Services shall, to the extent that money is available for that purpose, award an incentive payment to the agency which provides child welfare services for the fiscal year beginning on July 1 of the year in which the application is submitted.

     Sec. 5.  1.  Each year following the award of an incentive payment pursuant to section 4 of this act, the agency which provides child welfare services may submit an application on or before May 1 for an incentive payment to be awarded for the next fiscal year beginning on July 1 following approval of the application.

     2.  The agency which provides child welfare services shall submit the application in the manner set forth in section 4 of this act and must, in addition to the information required pursuant to section 4 of this act, include an estimate of the percentage of the goals established in the prior application that will be achieved by the agency which provides child welfare services by June 30.

     3.  If the Division of Child and Family Services approves the application, the Division shall, to the extent that money has been made available for that purpose, award an incentive payment to the agency which provides child welfare services for the fiscal year beginning on July 1 of the year in which the application is submitted in an amount not to exceed a percentage of the amount awarded for the current fiscal year as determined pursuant to subsection 4.

 


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

ê2011 Statutes of Nevada, Page 2495 (Chapter 396, SB 447)ê

 

which provides child welfare services for the fiscal year beginning on July 1 of the year in which the application is submitted in an amount not to exceed a percentage of the amount awarded for the current fiscal year as determined pursuant to subsection 4.

     4.  The amount of an incentive payment that may be awarded for the next fiscal year pursuant to this section must be determined by multiplying the amount awarded for the current fiscal year by the percentage point of completion of the goal established for the current fiscal year, up to a maximum of 100 percent of the amount of the incentive payment awarded for the current fiscal year.

     Sec. 6.  1.  On or before September 1 of the year following the year in which an agency which provides child welfare services is awarded an incentive payment from the program established pursuant to section 4 of this act, the agency which provides child welfare services shall submit to the Division of Child and Family Services a report which demonstrates whether the goal established pursuant to section 4 of this act was achieved and, if not, the percentage of the goal that was achieved by June 30 of the fiscal year in which the incentive payment was awarded.

     2.  If the report submitted pursuant to subsection 1 demonstrates that the agency which provides child welfare services achieved:

     (a) A greater percentage of the goal than estimated pursuant to section 5 of this act, the Division of Child and Family Services shall increase the incentive payment to the agency which provides child welfare services by an amount equal to the additional amount that should have been awarded pursuant to subsection 4 of section 5 of this act; or

     (b) A lower percentage of the goal than estimated pursuant to section 5 of this act, the agency which provides child welfare services shall reimburse to the Division an amount equal to the additional amount that should not have been awarded pursuant to subsection 4 of section 5 of this act.

     Sec. 7.  On or before January 31 of each year, the Division of Child and Family Services shall prepare and submit a report to the Governor and the Legislature which includes, without limitation, information concerning:

     1.  The progress made by each agency which provides child welfare services in a county whose population is 100,000 or more toward achieving the specific performance targets set forth in an improvement plan submitted by the agency pursuant to section 3 of this act; and

     2.  Whether the agency which provides child welfare services in a county whose population is 100,000 or more achieved the specific goal established pursuant to section 4 of this act during the previous fiscal year and, if not, the percentage of the goal that was achieved.

     Sec. 7.5.  1.  The Division of Child and Family Services shall award a block grant to each agency which provides child welfare services in a county whose population is 100,000 or more for each fiscal year to the extent that money has been appropriated to the Division for that purpose. The amount of the appropriation to the Division of Child and Family Services must be based on the amount appropriated for the previous biennium.

 


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

ê2011 Statutes of Nevada, Page 2496 (Chapter 396, SB 447)ê

 

biennium. The amount of the block grant must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.

     2.  An agency which provides child welfare services that receives a block grant pursuant to subsection 1 may use the money allocated for any costs of providing child welfare services without restriction, the agency which provides child welfare services is not required to return any money remaining from that allocation at the end of the fiscal year, and the money does not revert to the State General Fund.

     3.  If the board of county commissioners of a county whose population is 100,000 or more appropriates to the agency which provides child welfare services for the county an amount less than the amount appropriated to the agency for the fiscal year beginning on July 1, 2010, the Division of Child and Family Services must reduce the amount of the block grant awarded pursuant to subsection 1 by an equal amount.

     Sec. 7.7.  1.  The Division of Child and Family Services shall provide a categorical grant to each agency which provides child welfare services for each fiscal year for its adoption assistance program to the extent that money has been appropriated to the Division for that purpose. The amount of the grant must be based upon the estimated cost of the projected growth in the adoption assistance program.

     2.  The amount of the grant awarded pursuant to subsection 1 must be determined for 2 years beginning on July 1 of each odd-numbered year and allocated each fiscal year.

     3.  An agency which provides child welfare services that receives a grant pursuant to subsection 1 must use the money allocated only for costs associated with the adoption assistance program. Any money from the grant awarded pursuant to subsection 1 that has not been used or committed for expenditure by the agency which provides child welfare services by the end of the fiscal year reverts to the State General Fund.

     Sec. 8.  NRS 432B.180 is hereby amended to read as follows:

     432B.180  The Division of Child and Family Services shall:

     1.  Administer any money granted to the State by the Federal Government.

     2.  [Plan, coordinate and monitor the delivery of child welfare services provided throughout the State.] Request appropriations from the Legislature in amounts sufficient to:

     (a) Provide block grants to an agency which provides child welfare services in a county whose population is 100,000 or more pursuant to section 7.5 of this act; and

     (b) Administer a program to provide additional incentive payments to such an agency pursuant to section 4 of this act.

     3.  Monitor the performance of an agency which provides child welfare services in a county whose population is 100,000 or more through data collection, evaluation of services and the review and approval of agency improvement plans pursuant to section 4 of this act.

     4.  Provide child welfare services directly or arrange for the provision of those services in a county whose population is less than 100,000.

 


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

ê2011 Statutes of Nevada, Page 2497 (Chapter 396, SB 447)ê

 

     [4.] 5.  Coordinate its activities with and assist the efforts of any law enforcement agency, a court of competent jurisdiction, an agency which provides child welfare services and any public or private organization which provides social services for the prevention, identification and treatment of abuse or neglect of children and for permanent placement of children.

     [5.] 6.  Involve communities in the improvement of child welfare services.

     [6.] 7.  Evaluate all child welfare services provided throughout the State and, if an agency which provides child welfare services is not [complying] in substantial compliance with any federal or state law relating to the provision of child welfare services, regulations adopted pursuant to those laws or statewide plans or policies relating to the provision of child welfare services, require corrective action of the agency which provides child welfare services.

     [7.  If an agency which provides child welfare services fails to take corrective action required pursuant to subsection 6 within a reasonable period, take one or more of the following actions against the agency which provides child welfare services:

     (a) Withhold money from the agency which provides child welfare services;

     (b) Impose an administrative fine against the agency which provides child welfare services;

     (c) Provide the agency which provides child welfare services with direct supervision and recover the cost and expenses incurred by the Division in providing such supervision; and

     (d) Require the agency which provides child welfare services to determine whether it is necessary to impose disciplinary action that is consistent with the personnel rules of the agency which provides child welfare services against an employee who substantially contributes to the noncompliance of the agency which provides child welfare services with the federal or state laws, regulations adopted pursuant to such laws or statewide plans or policies, including, without limitation, suspension of the employee without pay, if appropriate.

Ê The Division shall adopt regulations to carry out the provisions of this subsection, including, without limitation, regulations which prescribe the circumstances under which action must be taken against an agency which provides child welfare services for failure to take corrective action and which specify that any such action by the Division must not impede the provision of child welfare services.

     8.  In consultation with each agency which provides child welfare services, request sufficient money for the provision of child welfare services throughout this State.

     9.  Deposit any money received from the administrative fines imposed pursuant to this section with the State Treasurer for credit to the State General Fund. The State Treasurer shall account separately for the money deposited pursuant to this subsection. The money in the account may only be used by the Division to improve the provision of child welfare services in this State, including, without limitation:

 


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

ê2011 Statutes of Nevada, Page 2498 (Chapter 396, SB 447)ê

 

     (a) To pay the costs associated with providing training and technical assistance and conducting quality improvement activities for an agency which provides child welfare services to assist the agency in any area in which the agency has failed to take corrective action; and

     (b) Hiring a qualified consultant to conduct such training, technical assistance and quality improvement activities.

     10.] 8.  Coordinate with and assist:

     (a) Each agency which provides child welfare services in recruiting, training and licensing providers of family foster care as defined in NRS 424.017;

     (b) Each foster care agency licensed pursuant to NRS 424.093 to 424.097, inclusive, in screening, recruiting, licensing and training providers of family foster care as defined in NRS 424.017; and

     (c) A nonprofit or community-based organization in recruiting and training providers of family foster care as defined in NRS 424.017 if the Division determines that the organization provides a level of training that is equivalent to the level of training provided by an agency which provides child welfare services.

     Sec. 8.5.  Notwithstanding the provisions of section 5 of this act, the amount of the incentive payment awarded for:

     1.  Fiscal Year 2012-2013 must equal the amount awarded for Fiscal Year 2011-2012 regardless of the percentage point of completion of the goal established for Fiscal Year 2012-2013.

     2.  Fiscal Year 2013-2014 must equal 150 percent of the percentage point of completion of the goal established for Fiscal Year 2012-2013, up to a maximum of 100 percent of the amount of the incentive payment awarded for Fiscal Year 2012-2013.

     Sec. 9.  This act becomes effective on July 1, 2011.

________

 

Link to Page 2499