[Rev. 10/24/2013 7:55:45 PM--2013]

Link to Page 362

 

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ê2013 Statutes of Nevada, Page 363 (Chapter 105, AB 25)ê

 

      7.  As used in this section, “dangerous structure or condition” means a structure or condition that is a public nuisance which may cause injury to or endanger the health, life, property or safety of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

      (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 244.3675 with respect to minimum levels of health or safety; or

      (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the board of county commissioners of a county, the violation of which is designated by the board as a public nuisance in the ordinance, rule or regulation.

      Sec. 4.  This act becomes effective upon passage and approval.

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CHAPTER 106, AB 29

Assembly Bill No. 29–Committee on Health and Human Services

 

CHAPTER 106

 

[Approved: May 24, 2013]

 

AN ACT relating to public health; creating the Committee to Review Suicide Fatalities; providing for the membership of the Committee; setting forth the powers and duties of the Committee; requiring certain data or information to be made available to the Committee; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the Statewide Program for Suicide Prevention within the office of the Director of the Department of Health and Human Services. The purpose of the Statewide Program is to: (1) create public awareness for issues relating to suicide prevention; (2) build community networks; and (3) carry out training programs for suicide prevention for law enforcement personnel, providers of health care, school employees and other persons who have contact with persons at risk of suicide. Existing law also requires the employment of a Coordinator of the Statewide Program and a person to serve as a trainer for suicide prevention to provide educational activities to the general public relating to suicide prevention and to provide other assistance in carrying out the Statewide Program. (NRS 439.511, 439.513)

      Sections 2-5 of this bill create the Committee to Review Suicide Fatalities within the Department. Section 7 of this bill similarly moves the Statewide Program from the office of the Director to the Department. Section 3 requires the Director to appoint the members of the Committee from among certain persons and groups of persons and provides that each member serves at the pleasure of the Director. Section 4 requires the Committee to adopt a written protocol setting forth the suicide fatalities which must be reported to the Committee and screened for review by the Committee. Section 4 also requires the Committee to obtain and use any data or other information to review suicide fatalities in this State to determine trends, risk factors and strategies for the prevention of suicide fatalities and to take certain other actions concerning those fatalities. Section 5 authorizes the Committee to: (1) conduct investigations and hold hearings; (2) share information with certain persons or teams; (3) petition a district court for the issuance of a subpoena; (4) propose recommended legislation; (5) issue special reports; and (6) engage in any other activity required by the Director concerning suicide fatalities in this State.

 


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ê2013 Statutes of Nevada, Page 364 (Chapter 106, AB 29)ê

 

concerning suicide fatalities in this State. Section 5 also requires the Committee to submit an annual report to the Director concerning the activities of the Committee. Section 8 of this bill requires the Coordinator to employ at least one person to act as a trainer for suicide prevention and requires at least one trainer for suicide prevention to be based in a county whose population is 700,000 or more (currently Clark County). Sections 9 and 10 of this bill make several changes concerning the requirement to allow the Committee to review a certificate of death and to provide other information to the Committee.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “Committee” means the Committee to Review Suicide Fatalities created by section 3 of this act.

      Sec. 3. 1.  The Committee to Review Suicide Fatalities is hereby created within the Department. The Committee must consist of the following 10 members appointed by the Director:

      (a) A county coroner or medical examiner or his or her designee;

      (b) One person who represents providers of health care;

      (c) One person who represents organizations having expertise in suicide prevention;

      (d) One person who represents organizations having expertise in the treatment of substance abuse and prevention;

      (e) One person who represents mental health agencies;

      (f) One person who represents law enforcement;

      (g) One person who represents injury prevention;

      (h) One person who represents Native American tribes;

      (i) One person who represents advocates for individuals and families with mental illness; and

      (j) One person who represents veterans.

      2.  After the initial term, each member of the Committee shall serve for a term of 3 years and may be reappointed. Each member of the Committee serves at the pleasure of the Director. If a vacancy occurs, the Director shall appoint a new member to fill the vacancy for the remainder of the unexpired term in the same manner as the initial appointment.

      Sec. 4. 1.  The Committee:

      (a) Except as otherwise provided in this paragraph, shall adopt a written protocol setting forth the suicide fatalities in this State which must be reported to the Committee and screened for review by the Committee and the suicide fatalities in this State which the Committee may reject for review. The Committee shall not review any case in which litigation is pending.

      (b) May review any accidental death which the Committee determines may assist in suicide prevention efforts in this State.

      (c) May establish differing levels of review, including, without limitation, a comprehensive or limited review depending upon the nature of the incident or the purpose of the review.

 


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      2.  The Committee shall obtain and use any data or other information to:

      (a) Review suicide fatalities in this State to determine trends, risk factors and strategies for prevention;

      (b) Determine and prepare reports concerning trends and patterns of suicide fatalities in this State;

      (c) Identify and evaluate the prevalence of risk factors for preventable suicide fatalities in this State;

      (d) Evaluate and prepare reports concerning high-risk factors, current practices, lapses in systematic responses and barriers to the safety and well-being of persons who are at risk of suicide in this State; and

      (e) Recommend any improvement in sources of information relating to investigating reported suicide fatalities and preventing suicide in this State.

      3.  In conducting a review of a suicide fatality in this State, the Committee shall, to the greatest extent practicable, consult and cooperate with:

      (a) The Coordinator of the Statewide Program for Suicide Prevention employed pursuant to NRS 439.511;

      (b) Each trainer for suicide prevention employed pursuant to NRS 439.513; and

      (c) A multidisciplinary team:

             (1) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or 228.495;

             (2) To review the death of a child organized pursuant to NRS 432B.405; and

             (3) To oversee the review of the death of a child organized pursuant to NRS 432B.4075.

      4.  Any review conducted by the Committee pursuant to sections 2 to 5, inclusive, of this act is separate from, independent of and in addition to any investigation or review which is required or authorized by law to be conducted, including, without limitation, any investigation conducted by a coroner or coroner’s deputy pursuant to NRS 259.050.

      5.  To conduct a review pursuant to sections 2 to 5, inclusive, of this act, the Committee may access information, including, without limitation:

      (a) Any investigative information obtained by a law enforcement agency relating to a death;

      (b) Any records from an autopsy or an investigation conducted by a coroner or coroner’s deputy relating to a death;

      (c) Any medical or mental health records of a decedent; and

      (d) Any records relating to social or rehabilitative services provided to a decedent; and

      (e) Any records of a social services agency which has provided services to a decedent.

      Sec. 5.  1.  The Committee may:

      (a) Conduct investigations and hold hearings in connection with carrying out the provisions of sections 2 to 5, inclusive, of this act.

      (b) If appropriate, meet and share information with any person or team specified in subsection 3 of section 4 of this act.

      (c) Petition a district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to any suicide fatality in this State that is the subject of a review conducted by the Committee.

 


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review conducted by the Committee. Except as otherwise provided in NRS 239.0115, any books, records or papers received by the Committee pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.

      (d) Propose recommended legislation concerning suicide fatalities in this State.

      (e) Issue a special report to notify the appropriate authorities or members of the public concerning the need to take any prompt corrective action concerning suicide fatalities in this State.

      (f) Engage in any other activity required by the Director concerning suicide fatalities in this State.

      2.  The Committee shall annually submit to the Director a report concerning the activities of the Committee. The report must include, without limitation, a statement setting forth:

      (a) Any trends or patterns in suicide fatalities in this State or serious injuries or risk factors concerning those fatalities; and

      (b) In addition to any recommendation made pursuant to section 4 of this act, any recommendations for changes in any law, policy or practice that may assist the Committee in preventing suicide fatalities in this State or related serious occurrences.

      3.  A report submitted pursuant to subsection 2 must not include any confidential or privileged information.

      4.  Except as otherwise provided in this section and NRS 239.0115, any information acquired by or any records of the Committee are confidential, must not be disclosed and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.

      Sec. 6. NRS 439.010 is hereby amended to read as follows:

      439.010  Except as otherwise provided in NRS 439.581 to 439.595, inclusive, and sections 2 to 5, inclusive, of this act, the provisions of this chapter must be administered by the Administrator and the Health Division, subject to administrative supervision by the Director.

      Sec. 7. NRS 439.511 is hereby amended to read as follows:

      439.511  1.  There is hereby created within the [office of the Director] Department a Statewide Program for Suicide Prevention. The Department shall implement the Statewide Program for Suicide Prevention, which must, without limitation:

      (a) Create public awareness for issues relating to suicide prevention;

      (b) Build community networks; and

      (c) Carry out training programs for suicide prevention for law enforcement personnel, providers of health care, school employees and other persons who have contact with persons at risk of suicide.

      2.  The Director shall employ a Coordinator of the Statewide Program for Suicide Prevention. The Coordinator:

      (a) Must have at least the following education and experience:

             (1) A bachelor’s degree in social work, psychology, sociology, counseling or a closely related field and 5 years or more of work experience in behavioral health or a closely related field; or

             (2) A master’s degree or a doctoral degree in social work, psychology, sociology, counseling, public health or a closely related field and 2 years or more of work experience in behavioral health or a closely related field.

      (b) Should have as many of the following characteristics as possible:

 


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ê2013 Statutes of Nevada, Page 367 (Chapter 106, AB 29)ê

 

            (1) Significant professional experience in social services, mental health or a closely related field;

             (2) Knowledge of group behavior and dynamics, methods of facilitation, community development, behavioral health treatment and prevention programs, and community-based behavioral health problems;

             (3) Experience in working with diverse community groups and constituents; and

             (4) Experience in writing grants and technical reports.

      3.  The Coordinator shall:

      (a) Provide educational activities to the general public relating to suicide prevention;

      (b) Provide training to persons who, as part of their usual routine, have face-to-face contact with persons who may be at risk of suicide, including, without limitation, training to recognize persons at risk of suicide and providing information on how to refer those persons for treatment or supporting services, as appropriate;

      (c) Develop and carry out public awareness and media campaigns in each county targeting groups of persons who are at risk of suicide;

      (d) Enhance crisis services relating to suicide prevention;

      (e) Link persons trained in the assessment of and intervention in suicide with schools, public community centers, nursing homes and other facilities serving persons most at risk of suicide;

      (f) Coordinate the establishment of local advisory groups in each county to support the efforts of the Statewide Program;

      (g) Work with groups advocating suicide prevention, community coalitions, managers of existing crisis hotlines that are nationally accredited or certified, and staff members of mental health agencies in this State to identify and address the barriers that interfere with providing services to groups of persons who are at risk of suicide, including, without limitation, elderly persons, Native Americans, youths and residents of rural communities;

      (h) Develop and maintain an Internet or network site with links to appropriate resource documents, suicide hotlines that are nationally accredited or certified, licensed professional personnel, state and local mental health agencies and appropriate national organizations;

      (i) Review current research on data collection for factors related to suicide and develop recommendations for improved systems of surveillance and uniform collection of data;

      (j) Develop and submit proposals for funding from agencies of the Federal Government and nongovernmental organizations; and

      (k) Oversee and provide technical assistance to [the] each person employed to act as a trainer for suicide prevention pursuant to NRS 439.513.

      4.  As used in this section:

      (a) “Internet or network site” means any identifiable site on the Internet or on a network and includes, without limitation:

             (1) A website or other similar site on the World Wide Web;

             (2) A site that is identifiable through a Uniform Resource Locator; and

             (3) A site on a network that is owned, operated, administered or controlled by a provider of Internet service.

      (b) “Systems of surveillance” means systems pursuant to which the health conditions of the general public are regularly monitored through systematic collection, evaluation and reporting of measurable information to identify and understand trends relating to suicide.

 


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systematic collection, evaluation and reporting of measurable information to identify and understand trends relating to suicide.

      Sec. 8. NRS 439.513 is hereby amended to read as follows:

      439.513  1.  The Coordinator of the Statewide Program for Suicide Prevention shall employ [a] at least one person to act as a trainer for suicide prevention and facilitator for networking for Southern Nevada.

      2.  [The] Each trainer for suicide prevention:

      (a) Must have at least the following education and experience:

             (1) Three years or more of experience in providing education and training relating to suicide prevention to diverse community groups; or

             (2) A bachelor’s degree, master’s degree or doctoral degree in social work, public health, psychology, sociology, counseling or a closely related field and 2 years or more of experience in providing education and training relating to suicide prevention.

      (b) Should have as many of the following characteristics as possible:

             (1) Significant knowledge and experience relating to suicide and suicide prevention;

             (2) Knowledge of methods of facilitation, networking and community-based suicide prevention programs;

             (3) Experience in working with diverse community groups and constituents; and

             (4) Experience in providing suicide awareness information and suicide prevention training.

      3.  [The] At least one trainer for suicide prevention must be based in a county whose population is 700,000 or more.

      4.  [The] Each trainer for suicide prevention shall:

      (a) Assist the Coordinator of the Statewide Program for Suicide Prevention in disseminating and carrying out the Statewide Program in the county in which the trainer for suicide prevention is based;

      (b) Provide information and training relating to suicide prevention to emergency medical personnel, providers of health care, mental health agencies, social service agencies, churches, public health clinics, school districts, law enforcement agencies and other similar community organizations in the county in which the trainer for suicide prevention is based;

      (c) Assist the Coordinator of the Statewide Program for Suicide Prevention in developing and carrying out public awareness and media campaigns targeting groups of persons who are at risk of suicide in the county in which the trainer for suicide prevention is based;

      (d) Assist in developing a network of community-based programs for suicide prevention in the county in which the trainer for suicide prevention is based, including, without limitation, establishing one or more local advisory groups for suicide prevention; and

      (e) Facilitate the sharing of information and the building of consensuses among multiple constituent groups in the county in which the trainer for suicide prevention is based, including, without limitation, public agencies, community organizations, advocacy groups for suicide prevention, mental health providers and representatives of the various groups that are at risk for suicide.

      Sec. 9. NRS 440.170 is hereby amended to read as follows:

      440.170  1.  All certificates in the custody of the State Registrar are open to inspection subject to the provisions of this chapter. It is unlawful for any employee of the State to disclose data contained in vital statistics, except as authorized by this chapter or by the Board.

 


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ê2013 Statutes of Nevada, Page 369 (Chapter 106, AB 29)ê

 

any employee of the State to disclose data contained in vital statistics, except as authorized by this chapter or by the Board.

      2.  Information in vital statistics indicating that a birth occurred out of wedlock must not be disclosed except upon order of a court of competent jurisdiction.

      3.  The Board:

      (a) Shall allow the use of data contained in vital statistics to carry out the provisions of NRS 442.300 to 442.330, inclusive;

      (b) Shall allow the use of certificates of death by a multidisciplinary team:

             (1) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or 228.495; and

             (2) To review the death of a child established pursuant to NRS 432B.405 and 432B.406; [and]

      (c) Shall allow the use of certificates of death by the Committee to Review Suicide Fatalities created by section 3 of this act; and

      (d) May allow the use of data contained in vital statistics for other research purposes, but without identifying the persons to whom the records relate.

      Sec. 10. NRS 432B.290 is hereby amended to read as follows:

      432B.290  1.  Except as otherwise provided in subsections 2 and 3 and NRS 432B.165, 432B.175 and 432B.513, data or information concerning reports and investigations thereof made pursuant to this chapter may be made available only to:

      (a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;

      (b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

      (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

             (1) The child; or

             (2) The person responsible for the welfare of the child;

      (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

      (e) Except as otherwise provided in paragraph (f), a court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

      (f) A court as defined in NRS 159.015 to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive;

      (g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

      (h) The attorney and the guardian ad litem of the child;

      (i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;

 


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ê2013 Statutes of Nevada, Page 370 (Chapter 106, AB 29)ê

 

or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;

      (j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;

      (k) A grand jury upon its determination that access to these records is necessary in the conduct of its official business;

      (l) A federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

      (m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

      (n) A team organized pursuant to NRS 432B.350 for the protection of a child;

      (o) A team organized pursuant to NRS 432B.405 to review the death of a child;

      (p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;

      (q) The child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if:

             (1) The child is 14 years of age or older; and

             (2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential;

      (r) The persons who are the subject of a report;

      (s) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

      (t) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized, by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;

      (u) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

 


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ê2013 Statutes of Nevada, Page 371 (Chapter 106, AB 29)ê

 

      (v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

      (w) The Rural Advisory Board to Expedite Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

      (x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;

      (y) An employer in accordance with subsection 3 of NRS 432.100; [or]

      (z) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim of a crime that constitutes domestic violence [.] ; or

      (aa) The Committee to Review Suicide Fatalities created by section 3 of this act.

      2.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

      (a) A copy of:

             (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

             (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

      (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect.

      3.  An agency which provides child welfare services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.

      4.  Any person, except for:

      (a) The subject of a report;

      (b) A district attorney or other law enforcement officer initiating legal proceedings; or

      (c) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

Ê who is given access, pursuant to subsection 1, to information identifying the subjects of a report and who makes this information public is guilty of a misdemeanor.

      5.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.

      Sec. 11.  As soon as practicable after October 1, 2013, the Director of the Department of Health and Human Services shall appoint the members of the Committee to Review Suicide Fatalities required by section 3 of this act to initial terms as follows:

 


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ê2013 Statutes of Nevada, Page 372 (Chapter 106, AB 29)ê

 

      1.  Four members to serve for a term of 3 years;

      2.  Three members to serve for a term of 2 years; and

      3.  Three members to serve for a term of 1 year.

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CHAPTER 107, AB 30

Assembly Bill No. 30–Committee on Judiciary

 

CHAPTER 107

 

[Approved: May 24, 2013]

 

AN ACT relating to crimes; revising provisions governing the community notification website which provides certain information to the public concerning sex offenders and offenders convicted of a crime against a child; amending provisions concerning the confidentiality of the content of the record of registration of a sex offender or offender convicted of a crime against a child; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Public Safety to establish and maintain a community notification website to provide the public with certain information concerning certain sex offenders and offenders convicted of a crime against a child. (NRS 179B.250) Section 1 of this bill establishes the community notification website as the source of record for information concerning sex offenders and offenders convicted of a crime against a child. Section 1 also removes the requirement that the Central Repository for Nevada Records of Criminal History maintain a log of each inquiry to the community notification website.

      Existing law authorizes, except as otherwise provided by specific statute, only a law enforcement officer or the offender named in the record to inspect the record of registration of a sex offender or offender convicted of a crime against a child. (NRS 179D.160) Section 2 of this bill provides that, except as otherwise provided by specific statute, the contents of a record of registration are confidential and not subject to public inspection.

 

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 179B.250 is hereby amended to read as follows:

      179B.250  1.  The Department shall establish and maintain within the Central Repository a community notification website to provide the public with access to certain information contained in the statewide registry in accordance with the procedures set forth in this section.

      2.  The community notification website is the source of record for information available to the public concerning offenders listed in the statewide registry, and must:

      (a) Be maintained in a manner that will allow the public to obtain relevant information for each offender by a single query for any given zip code or geographical radius set by the user;

 


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ê2013 Statutes of Nevada, Page 373 (Chapter 107, AB 30)ê

 

      (b) Include in its design all the search field capabilities needed for full participation in the Dru Sjodin National Sex Offender Public Website maintained by the Attorney General of the United States pursuant to 42 U.S.C. § 16920;

      (c) Include, to the extent practicable, links to sex offender safety and education resources;

      (d) Include instructions on how to seek correction of information that a person contends is erroneous; and

      (e) Include a warning that the information on the website should not be used to unlawfully injure, harass or commit a crime against any person named in the registry or residing or working at any reported address and a notice that any such action could result in civil or criminal penalties.

      3.  For each inquiry to the community notification website, the requester may provide:

      (a) The name of the subject of the search;

      (b) Any alias of the subject of the search;

      (c) The zip code of the residence, place of work or school of the subject of the search; or

      (d) Any other information concerning the identity or location of the subject of the search that is deemed sufficient in the discretion of the Department.

      4.  For each inquiry to the community notification website made by the requester, the Central Repository shall:

      (a) Explain the levels of registration and community notification that are assigned to sex offenders pursuant to NRS 179D.010 to 179D.550, inclusive; and

      (b) Explain that the Central Repository is prohibited by law from disclosing certain information concerning certain offenders, even if those offenders are listed in the statewide registry.

      5.  If an offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search, the Central Repository shall disclose to the requester information in the statewide registry concerning the offender as provided pursuant to subsection 6.

      6.  After each inquiry to the community notification website made by the requester, the Central Repository shall inform the requester that:

      (a) No offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search;

      (b) The search of the statewide registry has not produced information that is available to the public through the statewide registry; or

      (c) An offender listed in the statewide registry matches the information provided by the requester concerning the identity or location of the subject of the search. Except as otherwise provided in subsection 7, if a search of the statewide registry results in a match pursuant to this paragraph, the Central Repository shall provide the requester with the following information:

             (1) The name of the offender and all aliases that the offender has used or under which the offender has been known.

             (2) A complete physical description of the offender.

             (3) A current photograph of the offender.

             (4) The year of birth of the offender.

 


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             (5) The complete address of any residence at which the offender resides or will reside.

             (6) The address of any location where the offender is or will be:

                   (I) A student, as defined in NRS 179D.110; or

                   (II) A worker, as defined in NRS 179D.120.

             (7) The license plate number and a description of any motor vehicle owned or operated by the offender.

             (8) The following information for each offense for which the offender has been convicted:

                   (I) The offense that was committed, including a citation to and the text of the specific statute that the offender violated.

                   (II) The court in which the offender was convicted.

                   (III) The name under which the offender was convicted.

                   (IV) The name and location of each penal institution, school, hospital, mental facility or other institution to which the offender was committed for the offense.

                   (V) The city, township or county where the offense was committed.

             (9) The tier level of registration and community notification assigned to the offender pursuant to NRS 179D.010 to 179D.550, inclusive.

             (10) Any other information required by federal law.

      7.  If a search of the statewide registry results in a match pursuant to paragraph (c) of subsection 6, the Central Repository shall not provide the requester with:

      (a) The identity of any victim of a sexual offense or crime against a child;

      (b) Any information relating to a Tier I offender unless the offender has been convicted of a sexual offense against a child or a crime against a child;

      (c) The social security number of the offender;

      (d) The name of any location where the offender is or will be:

             (1) A student, as defined in NRS 179D.110; or

             (2) A worker, as defined in NRS 179D.120;

      (e) Any reference to arrests of the offender that did not result in conviction;

      (f) Any other information that is included in the record of registration for the offender other than the information required pursuant to paragraph (c) of subsection 6; or

      (g) Any other information exempted from disclosure by the Attorney General of the United States pursuant to federal law.

      8.  [For each inquiry to the community notification website, the Central Repository shall maintain a log of the information provided by the requester to the Central Repository and the information provided by the Central Repository to the requester.

      9.]  A person may not use information obtained through the community notification website as a substitute for information relating to the offenses listed in subsection 4 of NRS 179A.190 that must be provided by the Central Repository pursuant to NRS 179A.180 to 179A.240, inclusive, or another provision of law.

      [10.]9.  The provisions of this section do not prevent law enforcement officers, the Central Repository and its officers and employees, or any other person from:

 


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      (a) Accessing information in the statewide registry pursuant to NRS 179B.200;

      (b) Carrying out any duty pursuant to chapter 179D of NRS; or

      (c) Carrying out any duty pursuant to another provision of law.

      [11.]10.  As used in this section, “Tier I offender” has the meaning ascribed to it in NRS 179D.113.

      Sec. 2. NRS 179D.160 is hereby amended to read as follows:

      179D.160  1.  Except as otherwise provided by specific statute, the contents of a record of registration [may] :

      (a) Are confidential and not subject to inspection by the general public.

      (b) May be inspected only by a law enforcement officer in the regular course of the law enforcement officer’s duties or by the offender named in the record of registration.

      2.  As used in this section, “law enforcement officer” includes, but is not limited to:

      (a) A prosecuting attorney or an attorney from the Office of the Attorney General;

      (b) A sheriff of a county or a sheriff’s deputy;

      (c) An officer of a metropolitan police department or a police department of an incorporated city;

      (d) An officer of the Division;

      (e) An officer of the Department of Corrections;

      (f) An officer of a law enforcement agency from another jurisdiction; or

      (g) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, if the person is seeking information as part of a criminal investigation.

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

________

CHAPTER 108, AB 39

Assembly Bill No. 39–Committee on Commerce and Labor

 

CHAPTER 108

 

[Approved: May 24, 2013]

 

AN ACT relating to pharmacy; making various changes concerning the sale, transfer or acquisition of certain products that are precursors to methamphetamine; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits any person, other than a pharmacy, from selling or transferring in the course of business or selling at retail certain products that contain materials that can be used to manufacture methamphetamine. (NRS 639.410) Existing law further requires a retail distributor of such products to keep the products in a locked case or cabinet or behind a store counter to prevent access to the public. (NRS 453.354) Existing law also limits the quantity of certain chemicals contained in these products that may be sold or transferred to the same person during a calendar day. (NRS 453.355) Section 6 of this bill establishes a limit on the quantity of these chemicals that can be sold or transferred to the same person during a 30-day period.

 


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      Existing law requires a retail distributor of certain products that can be used to manufacture methamphetamine to maintain a logbook of the sales and transfers of such a product and to ensure that certain information is entered in the logbook. (NRS 453.357) Section 2 of this bill requires the State Board of Pharmacy to approve a real-time, stop sale system for use by pharmacies in this State if the Board determines that the real-time, stop sale system: (1) is available and appropriate for use by pharmacies in this State; and (2) the system has certain capabilities and will be available free of charge. Such a system will: (1) allow pharmacies to electronically submit information before completing a sale or transfer of such a product to determine whether the sale or transfer would violate any law; and (2) allow law enforcement agencies to access transaction records related to the sale or transfer, or attempted sale or transfer, of a product that is a precursor to methamphetamine.

      Section 3 of this bill requires a pharmacy to use a real-time, stop sale system that is approved by the Board. A pharmacy is prohibited from completing a sale or transfer of a product if informed through the system that the sale or transfer will violate any law, except in certain circumstances. Section 4.5 of this bill provides that the failure of the real-time, stop sale system or the misuse of the system does not create any civil liability for the Board. Section 7 of this bill requires a retail distributor of certain products that can be used to manufacture methamphetamine, in addition to maintaining the logbook and checking the name and identification of a person seeking to obtain such a product, to consult with the real-time, stop sale system, if such a system is approved by the Board.

 

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 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4.5, inclusive, of this act.

      Sec. 2. 1.  The Board shall approve a real-time, stop sale system for use by pharmacies in this State if the Board determines that a real-time, stop sale system is available and appropriate for use by pharmacies in this State. The Board shall approve a real-time, stop sale system for use by pharmacies in this State only if the Board determines that the system:

      (a) Will allow pharmacies in this State to electronically submit information to the system before the sale or transfer of a product that is a precursor to methamphetamine;

      (b) Will determine whether the sale or transfer of the product would violate NRS 453.355 or any other law which prohibits the sale or transfer of a product that is a precursor to methamphetamine;

      (c) Will send an alert to pharmacies to stop the sale or transfer of a product if the sale or transfer would violate NRS 453.355 or any other law which prohibits the sale or transfer of a product that is a precursor to methamphetamine;

      (d) Will allow law enforcement agencies in this State to access from the system transaction records of any sale or transfer or attempted sale or transfer of a product that is a precursor to methamphetamine; and

      (e) Is available for use by pharmacies and law enforcement agencies in this State free of charge.

      2.  Before approving a real-time, stop sale system, the Board must adopt regulations establishing the minimum requirements for the real-time, stop sale system. The Board shall also adopt regulations establishing the requirements for use of the real-time, stop sale system by the pharmacies and law enforcement agencies of this State.

 


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the requirements for use of the real-time, stop sale system by the pharmacies and law enforcement agencies of this State.

      Sec. 3. 1.  After the Board has approved a real-time, stop sale system pursuant to section 2 of this act and adopted regulations establishing the requirements for the use of the system pursuant to that section, the Board must notify each pharmacy in this State of the real-time, stop sale system that has been approved, the manner in which to establish the system in the pharmacy and the content of the regulations.

      2.  Once a pharmacy receives notification pursuant to subsection 1, the pharmacy shall obtain the real-time, stop sale system and consult the system in the manner prescribed before completing any sale or transfer of a product that is a precursor to methamphetamine, except when the purchaser has a valid prescription for such a product. The pharmacy shall obtain any information necessary from the person seeking the purchase or transfer of the product to receive notice from the real-time, stop sale system.

      3.  Except as otherwise provided in this subsection, if a pharmacy receives an alert from the real-time, stop sale system that the sale or transfer of a product may violate NRS 453.355 or any other law which prohibits the sale or transfer of a product that is a precursor to methamphetamine, the pharmacy must not allow the sale or transfer to be completed. The Board shall provide by regulation for exceptions to allow for the completion of a sale or transfer:

      (a) Despite such an alert if the pharmacist or an employee of the pharmacy has a reasonable fear of imminent bodily harm.

      (b) If a pharmacy experiences a mechanical or electronic failure of the real-time, stop sale system.

      4.  A pharmacy that complies with the provisions of this section is not liable in any civil action for using the real-time, stop sale system or for any act or omission resulting from the use of the system which is not the result of the negligence, recklessness or deliberate misconduct of the pharmacy.

      5.  Failure of a person to use the real-time, stop sale system as required pursuant to this section is a misdemeanor punishable by a fine of not more than $1,000.

      Sec. 4. (Deleted by amendment.)

      Sec. 4.5. The failure of the real-time, stop sale system approved pursuant to section 2 of this act to send an alert to a pharmacy to stop the sale or transfer of a product that is a precursor to methamphetamine in violation of NRS 453.355, or any other law which prohibits the sale or transfer of a product that is a precursor to methamphetamine, does not establish a basis for any cause of action against the Board. The Board is immune from any liability arising from or related to the unauthorized access or misuse of any information collected by or derived from the real-time, stop sale system approved pursuant to section 2 of this act.

      Sec. 5. NRS 639.400 is hereby amended to read as follows:

      639.400  As used in this section and NRS 639.410 and 639.420 [,] and sections 2 to 4.5, inclusive, of this act, “product that is a precursor to methamphetamine” means a product which contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and may be marketed or

 


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distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a nonprescription drug.

      Sec. 6. NRS 453.355 is hereby amended to read as follows:

      453.355  1.  Except as otherwise provided in subsection 2, a retail distributor shall not:

      (a) Sell or transfer to the same person during any calendar day, without regard to the number of transactions, more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      (b) Sell or transfer to the same person during any 30-day period, without regard to the number of transactions, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      (c) Sell at retail and in nonliquid form a product that is a precursor to methamphetamine, including, without limitation, gel caps, unless:

             (1) The product is packaged in blister packs, each blister containing not more than two dosage units; or

             (2) If the use of blister packs is technically infeasible, the product is packaged in unit dosage packets or pouches.

      2.  The provisions of subsection 1 do not apply if [, pursuant:] :

      (a) Pursuant to 21 U.S.C. § 830(e)(3), the Attorney General of the United States has determined that a product that is a precursor to methamphetamine cannot be used to manufacture methamphetamine and provided by regulation that the product is exempt from the provisions of 21 U.S.C. § 830(d).

      (b) The person who seeks to obtain a product that is a precursor to methamphetamine has a valid prescription for the product.

      Sec. 7. NRS 453.357 is hereby amended to read as follows:

      453.357  1.  A retail distributor shall maintain a logbook.

      2.  At the time of [a] the sale or transfer of a product that is a precursor to methamphetamine, a retail distributor shall ensure that the following information is entered in the logbook:

      (a) The name of the product sold or transferred;

      (b) The quantity of the product sold or transferred;

      (c) The name and address of the purchaser or transferee; [and]

      (d) The date and time of the sale or transfer [.] ; and

      (e) The type and number of the identification presented by the purchaser or transferee pursuant to paragraph (a) of subsection 3.

      3.  A retail distributor shall not sell or transfer a product that is a precursor to methamphetamine unless:

      (a) The prospective purchaser or transferee:

             (1) Presents an identification card [that] which provides a photograph and which is issued by the Federal Government , [of the United States or the Government of] this State or any other state, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C. § 830(e)(1); and

             (2) Signs his or her name in the logbook . [; and]

      (b) The retail distributor [determines] :

 


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             (1) Determines that the name entered in the logbook corresponds to the name provided on the identification presented by the prospective purchaser or transferee [.] ; and

             (2) Has consulted the real-time, stop sale system, if required pursuant to section 3 of this act.

      4.  The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to criminal penalties under state law, as set forth in NRS 453.359, and under federal law, as set forth in 18 U.S.C. § 1001.

      5.  A retail distributor shall maintain each entry in the logbook for not less than 2 years after the date on which the entry is made.

      6.  A retail distributor shall not access, use or share the information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.

      7.  Upon a request, which is made for the purpose of enforcing the provisions of NRS 453.352 to 453.359, inclusive, or 639.400, 639.410 and 639.420 and sections 2 to 4.5, inclusive, of this act, by a law enforcement agency of this State or a political subdivision thereof or a law enforcement agency of the Federal Government, a retail distributor shall disclose the information in the logbook to the law enforcement agency.

________

CHAPTER 109, AB 40

Assembly Bill No. 40–Committee on Judiciary

 

CHAPTER 109

 

[Approved: May 24, 2013]

 

AN ACT relating to victims of crime; authorizing the State Board of Parole Commissioners to notify victims of crime of certain information through the use of an automated victim notification system; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that if a victim of a prisoner who is being considered for parole has submitted a written request for notification to the State Board of Parole Commissioners, the Board must notify the victim of: (1) the date of the meeting to consider the prisoner for parole; (2) the victim’s right to submit documents to the Board and to testify at the meeting held to consider the prisoner for parole; and (3) the final decision of the Board. (NRS 213.131) Existing law further provides that if a victim of an offender serving a term of imprisonment in state prison has submitted such a request to the Board, the Division of Parole and Probation is required to notify the victim of: (1) the offender’s request to serve a term of residential confinement and the victim’s right to submit documents regarding the request to the Division; and (2) the intent to assign the offender to residential confinement and the victim’s right to submit documents regarding the assignment. (NRS 209.392, 209.3925)

 


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      This bill authorizes the Board to enter into an agreement with the manager of an automated victim notification system that is capable of automatically notifying victims by telephone or electronic means of the information required by existing law with the timeliness required by existing law. Under this bill, the Board and the Division are not required to notify a victim if the Board has entered into an agreement with the manager of the automated victim notification system and has provided certain notice to victims of the change in the manner in which the Board and the Division provide the notices required by existing law. If the Board decides to discontinue using the automated victim notification system to notify victims, the system, not later than 90 days before the discontinuance of the use of the system, must notify victims who have registered with the system of the discontinuance.

 

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 209.392 is hereby amended to read as follows:

      209.392  1.  Except as otherwise provided in NRS 209.3925 and 209.429, the Director may, at the request of an offender who is eligible for residential confinement pursuant to the standards adopted by the Director pursuant to subsection 3 and who has:

      (a) Demonstrated a willingness and ability to establish a position of employment in the community;

      (b) Demonstrated a willingness and ability to enroll in a program for education or rehabilitation; or

      (c) Demonstrated an ability to pay for all or part of the costs of the offender’s confinement and to meet any existing obligation for restitution to any victim of his or her crime,

Ê assign the offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of his or her sentence.

      2.  Upon receiving a request to serve a term of residential confinement from an eligible offender, the Director shall notify the Division of Parole and Probation. [If] Except as otherwise provided in section 3 of this act, if any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim of the offender’s request and advise the victim that the victim may submit documents regarding the request to the Division of Parole and Probation. If a current address has not been provided as required by subsection 4 of NRS 213.131, the Division of Parole and Probation must not be held responsible if such notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

      3.  The Director, after consulting with the Division of Parole and Probation, shall adopt, by regulation, standards providing which offenders are eligible for residential confinement. The standards adopted by the Director must provide that an offender who:

      (a) Has recently committed a serious infraction of the rules of an institution or facility of the Department;

 


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      (b) Has not performed the duties assigned to the offender in a faithful and orderly manner;

      (c) Has been convicted of:

             (1) Any crime that is punishable as a felony involving the use or threatened use of force or violence against the victim within the immediately preceding 3 years;

             (2) A sexual offense that is punishable as a felony; or

             (3) Except as otherwise provided in subsection 4, a category A or B felony;

      (d) Has more than one prior conviction for any felony in this State or any offense in another state that would be a felony if committed in this State, not including a violation of NRS 484C.110, 484C.120, 484C.130 or 484C.430; or

      (e) Has escaped or attempted to escape from any jail or correctional institution for adults,

Ê is not eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section.

      4.  The standards adopted by the Director pursuant to subsection 3 must provide that an offender who has been convicted of a category B felony is eligible for assignment to the custody of the Division of Parole and Probation to serve a term of residential confinement pursuant to this section if:

      (a) The offender is not otherwise ineligible pursuant to subsection 3 for an assignment to serve a term of residential confinement; and

      (b) The Director makes a written finding that such an assignment of the offender is not likely to pose a threat to the safety of the public.

      5.  If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of the offender’s residential confinement:

      (a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

      (b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.

      6.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

      (a) A continuation of the offender’s imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

      7.  An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

 


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interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 2. NRS 209.3925 is hereby amended to read as follows:

      209.3925  1.  Except as otherwise provided in subsection 6, the Director may assign an offender to the custody of the Division of Parole and Probation of the Department of Public Safety to serve a term of residential confinement pursuant to NRS 213.380 or other appropriate supervision as determined by the Division of Parole and Probation, for not longer than the remainder of his or her sentence, if:

      (a) The Director has reason to believe that the offender is:

             (1) Physically incapacitated or in ill health to such a degree that the offender does not presently, and likely will not in the future, pose a threat to the safety of the public; or

             (2) In ill health and expected to die within 12 months, and does not presently, and likely will not in the future, pose a threat to the safety of the public; and

      (b) At least two physicians licensed pursuant to chapter 630 or 633 of NRS, one of whom is not employed by the Department, verify, in writing, that the offender is:

            (1) Physically incapacitated or in ill health; or

             (2) In ill health and expected to die within 12 months.

      2.  If the Director intends to assign an offender to the custody of the Division of Parole and Probation pursuant to this section, at least 45 days before the date the offender is expected to be released from the custody of the Department, the Director shall notify:

      (a) If the offender will reside within this State after the offender is released from the custody of the Department, the board of county commissioners of the county in which the offender will reside; and

      (b) The Division of Parole and Probation.

      3.  [If] Except as otherwise provided in section 3 of this act, if any victim of a crime committed by the offender has, pursuant to subsection 4 of NRS 213.131, requested to be notified of the consideration of a prisoner for parole and has provided a current address, the Division of Parole and Probation shall notify the victim that:

      (a) The Director intends to assign the offender to the custody of the Division of Parole and Probation pursuant to this section; and

      (b) The victim may submit documents to the Division of Parole and Probation regarding such an assignment.

Ê If a current address has not been provided by a victim as required by subsection 4 of NRS 213.131, the Division of Parole and Probation must not be held responsible if notification is not received by the victim. All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Division of Parole and Probation pursuant to this subsection is confidential.

      4.  If an offender assigned to the custody of the Division of Parole and Probation pursuant to this section escapes or violates any of the terms or conditions of his or her residential confinement or other appropriate supervision as determined by the Division of Parole and Probation:

      (a) The Division of Parole and Probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the Department.

 


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      (b) The offender forfeits all or part of the credits for good behavior earned by the offender before the escape or violation, as determined by the Director. The Director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender and may restore credits forfeited for such reasons as the Director considers proper. The decision of the Director regarding such a forfeiture is final.

      5.  The assignment of an offender to the custody of the Division of Parole and Probation pursuant to this section shall be deemed:

      (a) A continuation of the offender’s imprisonment and not a release on parole; and

      (b) For the purposes of NRS 209.341, an assignment to a facility of the Department,

Ê except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the Department.

      6.  The Director may not assign an offender to the custody of the Division of Parole and Probation pursuant to this section if the offender is sentenced to death or imprisonment for life without the possibility of parole.

      7.  An offender does not have a right to be assigned to the custody of the Division of Parole and Probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the State, its political subdivisions, agencies, boards, commissions, departments, officers or employees.

      Sec. 3. Chapter 213 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board, in consultation with the Division, may enter into an agreement with the manager of an automated victim notification system to notify victims of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 through the system if the system is capable of:

      (a) Automatically notifying by telephone or electronic means a victim registered with the system of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131 with the timeliness required by NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131; and

      (b) Notifying victims registered with the system, using language provided by the Board, if the Board decides that it will discontinue the use of the system to notify victims of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131. The notice must:

             (1) Be provided to each victim registered with the system not less than 90 days before the date on which the Board will discontinue use of the system; and

             (2) Advise each victim to submit a written request for notification pursuant to subsection 4 of NRS 213.131 if the victim wishes to receive notice of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131.

      2.  The Division is not required to notify the victim of an offender of the information described in NRS 209.392 and 209.3925 and the Board is not required to notify the victim of a prisoner of the information described in subsections 4 and 7 of NRS 213.131 if:

 


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      (a) The Board has entered into an agreement pursuant to subsection 1; and

      (b) Before discontinuing the notification of victims pursuant to NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131, the Board, not less than two times and not less than 60 days apart, has notified each victim who has requested notification pursuant to subsection 4 of NRS 213.131 and who has provided his or her current address or whose current address is otherwise known by the Board of the change in the manner in which a victim is notified of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131. The notice must:

             (1) Advise the victim that the Division will no longer notify the victim of the information described in NRS 209.392 and 209.3925, that the Board will no longer notify the victim of the information described in subsections 4 and 7 of NRS 213.131, and that the victim may register with the automated victim notification system if he or she wishes to be notified of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131; and

             (2) Include instructions for registering with the automated victim notification system to receive notice of the information described in NRS 209.392 and 209.3925 and subsections 4 and 7 of NRS 213.131.

      3.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

      Sec. 4. NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, and section 3 of this act, unless the context otherwise requires:

      1.  “Board” means the State Board of Parole Commissioners.

      2.  “Chief” means the Chief Parole and Probation Officer.

      3.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.

      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, paragraph (a) or subparagraph (2) of paragraph (b) of subsection 1 of NRS 201.195, NRS 201.230 or 201.450, or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.

      Sec. 5. NRS 213.1099 is hereby amended to read as follows:

      213.1099  1.  Except as otherwise provided in this section and NRS 213.1214 and 213.1215, the Board may release on parole a prisoner who is otherwise eligible for parole pursuant to NRS 213.107 to 213.157, inclusive [.] , and section 3 of this act.

 


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      2.  In determining whether to release a prisoner on parole, the Board shall consider:

      (a) Whether there is a reasonable probability that the prisoner will live and remain at liberty without violating the laws;

      (b) Whether the release is incompatible with the welfare of society;

      (c) The seriousness of the offense and the history of criminal conduct of the prisoner;

      (d) The standards adopted pursuant to NRS 213.10885 and the recommendation, if any, of the Chief; and

      (e) Any documents or testimony submitted by a victim notified pursuant to NRS 213.131 [.] or section 3 of this act.

      3.  When a person is convicted of a felony and is punished by a sentence of imprisonment, the person remains subject to the jurisdiction of the Board from the time the person is released on parole under the provisions of this chapter until the expiration of the maximum term of imprisonment imposed by the court less any credits earned to reduce his or her sentence pursuant to chapter 209 of NRS.

      4.  Except as otherwise provided in NRS 213.1215, the Board may not release on parole a prisoner whose sentence to death or to life without possibility of parole has been commuted to a lesser penalty unless [it] the Board finds that the prisoner has served at least 20 consecutive years in the state prison, is not under an order to be detained to answer for a crime or violation of parole or probation in another jurisdiction, and [that the prisoner] does not have a history of:

      (a) Recent misconduct in the institution, and [that the prisoner] has been recommended for parole by the Director of the Department of Corrections;

      (b) Repetitive criminal conduct;

      (c) Criminal conduct related to the use of alcohol or drugs;

      (d) Repetitive sexual deviance, violence or aggression; or

      (e) Failure in parole, probation, work release or similar programs.

      5.  In determining whether to release a prisoner on parole pursuant to this section, the Board shall not consider whether the prisoner will soon be eligible for release pursuant to NRS 213.1215.

      6.  The Board shall not release on parole an offender convicted of an offense listed in NRS 179D.097 until the Central Repository for Nevada Records of Criminal History has been provided an opportunity to give the notice required pursuant to NRS 179D.475.

      Sec. 6. NRS 213.131 is hereby amended to read as follows:

      213.131  1.  The Department of Corrections shall:

      (a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;

      (b) Notify the Board of the eligibility of the prisoner to be considered for parole; and

      (c) Before a meeting to consider the prisoner for parole, compile and provide to the Board data that will assist the Board in determining whether parole should be granted.

      2.  If a prisoner is being considered for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime were admitted at the trial of the prisoner or were part of the report of the presentence investigation and are reasonably available, a representative sample of such photographs must be included with the information submitted to the Board at the meeting.

 


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sample of such photographs must be included with the information submitted to the Board at the meeting. A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs. As used in this subsection, “photograph” includes any video, digital or other photographic image.

      3.  Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the Board. All meetings are quasi-judicial and must be open to the public. No rights other than those conferred pursuant to this section or pursuant to specific statute concerning meetings to consider prisoners for parole are available to any person with respect to such meetings.

      4.  [Not] Except as otherwise provided in section 3 of this act, not later than 5 days after the date on which the Board fixes the date of the meeting to consider a prisoner for parole, the Board shall notify the victim of the prisoner who is being considered for parole of the date of the meeting and of the victim’s rights pursuant to this subsection, if the victim has requested notification in writing and has provided his or her current address or if the victim’s current address is otherwise known by the Board. The victim of a prisoner being considered for parole may submit documents to the Board and may testify at the meeting held to consider the prisoner for parole. A prisoner must not be considered for parole until the Board has notified any victim of his or her rights pursuant to this subsection and the victim is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the Board, the Board must not be held responsible if such notification is not received by the victim.

      5.  The Board may deliberate in private after a public meeting held to consider a prisoner for parole.

      6.  The Board of State Prison Commissioners shall provide suitable and convenient rooms or space for use of the State Board of Parole Commissioners.

      7.  [If] Except as otherwise provided in section 3 of this act, if a victim is notified of a meeting to consider a prisoner for parole pursuant to subsection 4, the Board shall, upon making a final decision concerning the parole of the prisoner, notify the victim of its final decision.

      8.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Board pursuant to this section is confidential.

      9.  The Board may grant parole without a meeting, pursuant to NRS 213.133, but the Board must not deny parole to a prisoner unless the prisoner has been given reasonable notice of the meeting and the opportunity to be present at the meeting. If the Board fails to provide notice of the meeting to the prisoner or to provide the prisoner with an opportunity to be present and determines that it may deny parole, the Board may reschedule the meeting.

      10.  During a meeting to consider a prisoner for parole, the Board shall allow the prisoner:

      (a) At his or her own expense, to have a representative present with whom the prisoner may confer; and

      (b) To speak on his or her own behalf or to have his or her representative speak on his or her behalf.

 


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      11.  Upon making a final decision concerning the parole of the prisoner, the Board shall provide written notice to the prisoner of its decision not later than 10 working days after the meeting and, if parole is denied, specific recommendations of the Board to improve the possibility of granting parole the next time the prisoner is considered for parole, if any.

      12.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

      Sec. 7. NRS 213.133 is hereby amended to read as follows:

      213.133  1.  Except as otherwise provided in subsections 6, 7 and 8, the Board may delegate its authority to hear, consider and act upon the parole of a prisoner and on any issue before the Board to a panel consisting of:

      (a) Two or more members of the Board, two of whom constitute a quorum; or

      (b) One member of the Board who is assisted by a case hearing representative.

      2.  No action taken by any panel created pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.

      3.  The decision of a panel is subject to final approval by the affirmative action of a majority of the members appointed to the Board. Such action may be taken at a meeting of the Board or without a meeting by the delivery of written approval to the Executive Secretary of the Board.

      4.  The degree of complexity of issues presented must be taken into account before the Board makes any delegation of its authority and before it determines the extent of a delegation.

      5.  The Board shall adopt regulations which establish the basic types of delegable cases and the size of the panel required for each type of case.

      6.  A hearing concerning the parole of a prisoner or any decision on an issue involving a person:

      (a) Who committed a capital offense;

      (b) Who is serving a sentence of imprisonment for life;

      (c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;

      (d) Who is a habitual criminal; or

      (e) Whose sentence has been commuted by the State Board of Pardons Commissioners,

Ê must be conducted by at least three members of the Board, and action may be taken only with the concurrence of at least four members.

      7.  If a recommendation made by a panel deviates from the standards adopted by the Board pursuant to NRS 213.10885 or the recommendation of the Division, the Chair must concur in the recommendation.

      8.  A member of the Board or a person who has been designated as a case hearing representative in accordance with NRS 213.135 may recommend to the Board that a prisoner be released on parole without a meeting if:

      (a) The prisoner is not serving a sentence for a crime described in subsection 6;

      (b) The parole standards created pursuant to NRS 213.10885 suggest that parole should be granted;

      (c) There are no current requests for notification of hearings made in accordance with subsection 4 of NRS 213.131 [;] or, if the Board is not required to provide notification of hearings pursuant to section 3 of this act, the Board has not been notified by the automated victim notification system that a victim of the prisoner has registered with the system to receive notification of hearings; and

 


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act, the Board has not been notified by the automated victim notification system that a victim of the prisoner has registered with the system to receive notification of hearings; and

      (d) Notice to law enforcement of the eligibility for parole of the prisoner was given pursuant to subsection 5 of NRS 213.1085, and no person objected to granting parole without a meeting during the 30-day notice period.

      9.  A recommendation made in accordance with subsection 8 is subject to final approval by the affirmative action of a majority of the members appointed to the Board. The final approval by affirmative action must not take place until the expiration of the 30-day notice period to law enforcement of the eligibility for parole of the prisoner in accordance with subsection 5 of NRS 213.1085. Such action may be taken at a meeting of the Board or without a meeting of the Board by delivery of written approval to the Executive Secretary of the Board by a majority of the members.

      Sec. 8. NRS 178.5698 is hereby amended to read as follows:

      178.5698  1.  The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform the victim or witness:

      (a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;

      (b) If the defendant is so released, the amount of bail required, if any; and

      (c) Of the final disposition of the criminal case in which the victim or witness was directly involved.

      2.  A request for information pursuant to subsection 1 must be made:

      (a) In writing; or

      (b) By telephone through an automated or computerized system of notification, if such a system is available.

      3.  If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:

      (a) To each witness, documentation that includes:

             (1) A form advising the witness of the right to be notified pursuant to subsection 5;

             (2) The form that the witness must use to request notification in writing; and

             (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

      (b) To each person listed in subsection 4, documentation that includes:

             (1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.131 [;] or section 3 of this act;

             (2) The forms that the person must use to request notification; and

             (3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.

      4.  The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:

 

 


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      (a) A person against whom the offense is committed.

      (b) A person who is injured as a direct result of the commission of the offense.

      (c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.

      (d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.

      (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.

      5.  Except as otherwise provided in subsection 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides a current address, notify the victim or witness at that address when the offender is released from the prison.

      6.  If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:

      (a) The immediate family of the victim if the immediate family provides their current address;

      (b) Any member of the victim’s family related within the third degree of consanguinity, if the member of the victim’s family so requests in writing and provides a current address; and

      (c) The victim, if the victim will be 18 years of age or older at the time of the release and has provided a current address,

Ê before the offender is released from prison.

      7.  The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if the address provided is inaccurate or not current.

      8.  As used in this section:

      (a) “Immediate family” means any adult relative of the victim living in the victim’s household.

      (b) “Sexual offense” means:

             (1) Sexual assault pursuant to NRS 200.366;

             (2) Statutory sexual seduction pursuant to NRS 200.368;

             (3) Battery with intent to commit sexual assault pursuant to NRS 200.400;

             (4) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

             (5) Incest pursuant to NRS 201.180;

             (6) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195;

             (7) Open or gross lewdness pursuant to NRS 201.210;

             (8) Indecent or obscene exposure pursuant to NRS 201.220;

             (9) Lewdness with a child pursuant to NRS 201.230;

             (10) Sexual penetration of a dead human body pursuant to NRS 201.450;

             (11) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

 


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             (12) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or

             (13) An attempt to commit an offense listed in this paragraph.

      Sec. 9.  This act becomes effective upon passage and approval.

________

CHAPTER 110, AB 55

Assembly Bill No. 55–Committee on Judiciary

 

CHAPTER 110

 

[Approved: May 24, 2013]

 

AN ACT relating to crimes; imposing an additional penalty for attempting or conspiring to commit certain crimes against certain older or vulnerable persons; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for additional penalties to be imposed for certain crimes that are committed against persons 60 years of age or older or against vulnerable persons. The term “vulnerable persons” is defined for the purposes of this section to mean adults with certain physical or mental limitations. (NRS 193.167) This bill adds an attempt or conspiracy to commit certain crimes to that list.

 

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 193.167 is hereby amended to read as follows:

      193.167  1.  Except as otherwise provided in NRS 193.169, any person who commits the crime of:

      (a) Murder;

      (b) Attempted murder;

      (c) Assault;

      (d) Battery;

      (e) Kidnapping;

      (f) Robbery;

      (g) Sexual assault;

      (h) Embezzlement of , or attempting or conspiring to embezzle, money or property of a value of $650 or more;

      (i) Obtaining , or attempting or conspiring to obtain, money or property of a value of $650 or more by false pretenses; or

      (j) Taking money or property from the person of another,

Ê against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

 


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      2.  Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished, if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the criminal violation, and, if the criminal violation is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      3.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

      (a) The facts and circumstances of the crime or criminal violation;

      (b) The criminal history of the person;

      (c) The impact of the crime or criminal violation on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      4.  The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime or criminal violation.

      5.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      6.  As used in this section, “vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

________

CHAPTER 111, AB 59

Assembly Bill No. 59–Committee on Government Affairs

 

CHAPTER 111

 

[Approved: May 24, 2013]

 

AN ACT relating to public works; formalizing and renaming existing components of the State Public Works Division of the Department of Administration to create a Public Works - Compliance and Code Enforcement Section and a Public Works - Professional Services Section within the Division; providing regulatory authority for the Administrator of the Division and the State Public Works Board of the Division; eliminating a requirement that a proposal for the construction of a state building include operating costs for personnel and other expenses of operation; repealing a requirement to report to the Legislature annually on projects of construction of state buildings that are financed by certain bonds or obligations; and providing other matters properly relating thereto.

 

 

 

 


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ê2013 Statutes of Nevada, Page 392 (Chapter 111, AB 59)ê

 

Legislative Counsel’s Digest:

      Existing law creates the State Public Works Division, consisting of the Administrator of the Division, the Buildings and Grounds Section and the State Public Works Board, within the Department of Administration. (NRS 341.017) Section 1 of this bill formalizes and renames existing components of the State Public Works Division to create a Public Works - Compliance and Code Enforcement Section and a Public Works - Professional Services Section within the Division. Section 2 of this bill provides that these two sections will each be led by one of the existing deputy administrators.

      Existing law grants the Administrator such powers as may be necessary to fulfill his or her functions. (NRS 341.110) Section 4 of this bill requires the Administrator to adopt such regulations as he or she determines are necessary for the Buildings and Grounds Section and to recommend to the Board such regulations as he or she determines are necessary for the Public Works - Compliance and Code Enforcement Section and the Public Works - Professional Services Section. Section 4 also requires the Board to consider the Administrator’s recommendations and to adopt such regulations as it determines are necessary for the Public Works - Compliance and Code Enforcement Section and the Public Works - Professional Services Section.

      Existing law requires that a proposal for the construction of a state building include operating costs for personnel and other expenses of operation for the building. (NRS 341.151) Section 7 of this bill eliminates that requirement.

      Existing law requires that the Division compile a report concerning projects of construction of state buildings that are financed by general obligation bonds, revenue bonds or medium-term obligations for each fiscal year and submit this report annually to the Legislature. (NRS 341.129) Section 14 of this bill repeals that requirement.

 

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 341.017 is hereby amended to read as follows:

      341.017  1.  There is hereby created the State Public Works Division of the Department of Administration.

      2.  The Division consists of:

      (a) The Administrator;

      (b) The Buildings and Grounds Section; [and]

      (c) The Public Works - Compliance and Code Enforcement Section;

      (d) The Public Works - Professional Services Section; and

      (e) The State Public Works Board.

      3.  The Division shall, subject to the administrative supervision of the Director of the Department, administer the provisions of this chapter and NRS 331.010 to 331.145, inclusive.

      Sec. 2. NRS 341.100 is hereby amended to read as follows:

      341.100  1.  The Administrator and the Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section serve at the pleasure of the Director of the Department.

      2.  The Administrator shall appoint:

      (a) A Deputy Administrator [for professional services;] of the Public Works - Professional Services Section; and

      (b) A Deputy Administrator of the Buildings and Grounds Section.

Ê Each deputy administrator appointed pursuant to this subsection serves at the pleasure of the Administrator.

 


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      3.  The Administrator shall recommend and the Director shall appoint a Deputy Administrator [for compliance and code enforcement.] of the Public Works - Compliance and Code Enforcement Section. The Deputy Administrator appointed pursuant to this subsection has the final authority in the interpretation and enforcement of any applicable building codes.

      4.  The Administrator may appoint such other technical and clerical assistants as may be necessary to carry into effect the provisions of this chapter.

      5.  The Administrator and each deputy administrator are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, the Administrator and each deputy administrator shall devote his or her entire time and attention to the business of the office and shall not pursue any other business or occupation or hold any other office of profit.

      6.  The Administrator and the Deputy Administrator [for professional services] of the Public Works - Professional Services Section must each be a licensed professional engineer pursuant to the provisions of chapter 625 of NRS or an architect registered pursuant to the provisions of chapter 623 of NRS.

      7.  The Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section must have a comprehensive knowledge of building codes and a working knowledge of the principles of engineering or architecture as determined by the Administrator.

      8.  The Administrator shall:

      (a) Serve as the Secretary of the Board.

      (b) Manage the daily affairs of the Division.

      (c) Represent the Board and the Division before the Legislature.

      (d) Prepare and submit to the Board, for its approval, the recommended priority for proposed capital improvement projects and provide the Board with an estimate of the cost of each project.

      (e) Select architects, engineers and contractors.

      (f) Accept completed projects.

      (g) Submit in writing to the Director of the Department, the Governor and the Interim Finance Committee a monthly report regarding all public works projects which are a part of the approved capital improvement program. For each such project, the monthly report must include, without limitation, a detailed description of the progress of the project which highlights any specific events, circumstances or factors that may result in:

             (1) Changes in the scope of the design or construction of the project or any substantial component of the project which increase or decrease the total square footage or cost of the project by 10 percent or more;

             (2) Increased or unexpected costs in the design or construction of the project or any substantial component of the project which materially affect the project;

             (3) Delays in the completion of the design or construction of the project or any substantial component of the project; or

             (4) Any other problems which may adversely affect the design or construction of the project or any substantial component of the project.

      (h) Have final authority to approve the architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.

 


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      9.  The Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section shall:

      (a) Serve as the building official for all buildings and structures on property of the State or held in trust for any division of the State Government; and

      (b) Consult with an agency or official that is considering adoption of a regulation described in NRS 446.942, 449.345, 455C.115, 461.173, 472.105 or 477.0325 and provide recommendations regarding how the regulation, as it applies to buildings and structures on property of this State or held in trust for any division of the State Government, may be made consistent with other regulations which apply to such buildings or structures.

      Sec. 3. NRS 341.105 is hereby amended to read as follows:

      341.105  1.  When acting in the capacity of building official pursuant to subsection 9 of NRS 341.100, the Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section or his or her designated representative may issue an order to compel the cessation of work on all or any portion of a building or structure based on health or safety reasons or for violations of applicable building codes or other laws or regulations.

      2.  If a person receives an order issued pursuant to subsection 1, the person shall immediately cease work on the building or structure or portion thereof.

      3.  Any person who willfully refuses to comply with an order issued pursuant to subsection 1 or who willfully encourages another person to refuse to comply or assists another person in refusing to comply with such an order is guilty of a misdemeanor and shall be punished as provided in NRS 193.150. Any penalties collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

      4.  In addition to the criminal penalty set forth in subsection 3, the Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section may impose an administrative penalty of not more than $1,000 per day for each day that a person violates subsection 3.

      5.  If a person wishes to contest an order issued to the person pursuant to subsection 1, the person may bring an action in district court. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. An action brought pursuant to this subsection does not stay enforcement of the order unless the district court orders otherwise.

      6.  If a person refuses to comply with an order issued pursuant to subsection 1, the Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section may bring an action in the name of the State of Nevada in district court to compel compliance and to collect any administrative penalties imposed pursuant to subsection 4. The court shall give such a proceeding priority over other civil matters that are not expressly given priority by law. Any attorney’s fees and costs awarded by the court in favor of the State and any penalties collected in the action must be deposited with the State Treasurer for credit to the State General Fund.

      7.  No right of action exists in favor of any person by reason of any action or failure to act on the part of the Division, Director of the Department, Administrator, Board or the Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section or any officers, employees or agents of the Division in carrying out the provisions of this section.

 


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Code Enforcement Section or any officers, employees or agents of the Division in carrying out the provisions of this section.

      8.  As used in this section, “person” includes a government and a governmental subdivision, agency or instrumentality.

      Sec. 4. NRS 341.110 is hereby amended to read as follows:

      341.110  1.  In general, the Administrator shall have such powers as may be necessary to enable him or her to fulfill his or her functions and to carry out the purposes of this chapter.

      2.  The Administrator shall:

      (a) Adopt such regulations as he or she determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Buildings and Grounds Section; and

      (b) Recommend to the Board the adoption of such regulations as he or she determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Public Works - Compliance and Code Enforcement Section or the Public Works - Professional Services Section.

      3.  The Board shall:

      (a) Consider the recommendations of the Administrator when adopting regulations; and

      (b) Adopt such regulations as it determines are necessary to carry out and ensure compliance with the provisions of this chapter and any other provision of law which governs the duties of the Public Works - Compliance and Code Enforcement Section or the Public Works - Professional Services Section.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 341.145 is hereby amended to read as follows:

      341.145  1.  The Administrator:

      (a) Shall determine whether any rebates are available from a public utility for installing devices in any state building which are designed to decrease the use of energy in the building. If such a rebate is available, the Administrator shall apply for the rebate.

      (b) Shall solicit bids for and let all contracts for new construction or major repairs.

      (c) May negotiate with the lowest responsible and responsive bidder on any contract to obtain a revised bid if:

             (1) The bid is less than the appropriation made by the Legislature for that building project; and

             (2) The bid does not exceed the relevant budget item for that building project as established by the Administrator by more than 10 percent.

      (d) May reject any or all bids.

      (e) After the contract is let, shall supervise and inspect construction and major repairs. The cost of supervision and inspection must be financed from the capital construction program approved by the Legislature.

      (f) Shall obtain prior approval from the Interim Finance Committee before authorizing any change in the scope of the design or construction of a project as that project was authorized by the Legislature, if the change increases or decreases the total square footage or cost of the project by 10 percent or more.

 

 


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      (g) Except for changes that require prior approval pursuant to paragraph (f), may authorize change orders, before or during construction:

             (1) In any amount, where the change represents a reduction in the total awarded contract price.

             (2) Except as otherwise provided in subparagraph (3), not to exceed in the aggregate 15 percent of the total awarded contract price, where the change represents an increase in that price.

             (3) In any amount, where the total awarded contract price is less than $50,000 and the change represents an increase not exceeding the amount of the total awarded contract price.

             (4) In any amount, where additional money was authorized or appropriated by the Legislature and issuing a new contract would not be in the best interests of the State.

      (h) Shall specify in any contract with a design professional the period within which the design professional must prepare and submit to the Administrator a change order that has been authorized by the design professional. As used in this paragraph, “design professional” means a person with a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS.

      (i) Has final authority to accept each building or structure, or any portion thereof, on property of the State or held in trust for any division of the State Government as completed or to require necessary alterations to conform to the contract, and to file the notice of completion for the building or structure.

      (j) Shall obtain prior approval from the Legislature or the Interim Finance Committee, if the Legislature is not in session, before cancelling a project authorized by the Legislature or delaying the commencement or completion of such a project beyond the period for which money for the project was authorized.

      2.  The Deputy Administrator [for compliance and code enforcement,] of the Public Works - Compliance and Code Enforcement Section, when acting as building official pursuant to subsection 9 of NRS 341.100, has the final authority in:

      (a) Requiring necessary alterations to conform to any building codes adopted by the Board; and

      (b) Issuing a certificate of occupancy for a building or structure.

      3.  In acting upon a proposed change in the scope of the design or construction of a project pursuant to paragraph (f) of subsection 1 or a proposed cancellation or delay of a project pursuant to paragraph (j) of subsection 1, the Interim Finance Committee shall consider, among other things:

      (a) The reason provided by the Administrator for the proposed change in the scope of the design or construction or the cancellation or delay of the project;

      (b) The current need for the project; and

      (c) The intent of the Legislature in originally approving the project.

      Sec. 7. NRS 341.151 is hereby amended to read as follows:

      341.151  1.  The Division shall provide for a system of accounting for the total costs of state buildings throughout their expected useful life, taking into account all expenses of maintenance and operation.

      2.  Each proposal for the construction of a state building must include:

 


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      (a) Figures showing the final total cost of the building, which is the sum of:

             (1) Initial construction costs; and

             (2) Operating costs for the expected useful life of the building, including maintenance, heating, lighting [,] and air-conditioning ; [, personnel and other expenses of operation;] and

      (b) A statement of the proposed source of funding for the final total cost of the building.

      Sec. 8. NRS 446.942 is hereby amended to read as follows:

      446.942  Before the State Board of Health may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the Board shall consult with the Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

      Sec. 9. NRS 449.345 is hereby amended to read as follows:

      449.345  Before the State Department may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the State Department shall consult with the [deputy manager for compliance and code enforcement] Deputy Administrator of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

      Sec. 10. NRS 455C.115 is hereby amended to read as follows:

      455C.115  Before the Division may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the Division shall consult with the Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

      Sec. 11. NRS 461.173 is hereby amended to read as follows:

      461.173  Before the Division may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the Division shall consult with the Deputy Administrator [for compliance and code enforcement] of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

      Sec. 12. NRS 472.105 is hereby amended to read as follows:

      472.105  Before the State Forester Firewarden may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State, the State Forester Firewarden shall consult with the [deputy manager for compliance and code enforcement] Deputy Administrator of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

      Sec. 13. NRS 477.0325 is hereby amended to read as follows:

      477.0325  Before the State Fire Marshal may adopt any regulation concerning the construction, maintenance, operation or safety of a building, structure or other property in this State that is a state-owned building or facility, the State Fire Marshal shall consult with the [deputy manager for compliance and code enforcement] Deputy Administrator of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

 


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compliance and code enforcement] Deputy Administrator of the Public Works - Compliance and Code Enforcement Section for the purposes of subsection 9 of NRS 341.100.

      Sec. 14. NRS 341.129 is hereby repealed.

      Sec. 15.  This act becomes effective upon passage and approval.

________

CHAPTER 112, AB 61

Assembly Bill No. 61–Committee on Taxation

 

CHAPTER 112

 

[Approved: May 24, 2013]

 

AN ACT relating to economic development; revising various provisions relating to regional development authorities; requiring the Board of Economic Development to approve certain contracts entered into by the Office of Economic Development; revising the duties of the Executive Director of the Office; abolishing the Interagency Committee for Coordinating Tourism and Economic Development and the Advisory Council on Economic Development; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Office of Economic Development and the Executive Director of the Office of Economic Development exist within the Office of the Governor and are responsible for developing and carrying out the State Plan for Economic Development. (NRS 231.043, 231.053) This bill proposes to make numerous changes relating to economic development.

      Under current law, entities seeking to receive partial tax abatements must apply to the Office for approval. (NRS 274.310, 274.320, 274.330, 360.750) Section 1 of this bill requires entities whose cumulative partial tax abatements for the immediately preceding 2 years plus the partial tax abatement that is being requested equals $250,000 or more to seek the approval of the Board of Economic Development. Section 1 also specifies that entities whose cumulative partial tax abatements for the immediately preceding 2 years plus the partial tax abatement that is being requested equals less than $250,000 must seek the approval of the Executive Director.

      Under existing law, the Board is composed of 11 members, including the Governor, the Lieutenant Governor and the Secretary of State or their designees and a member appointed by the Department of Employment, Training and Rehabilitation from the membership of the Governor’s Workforce Investment Board. (NRS 231.033) Section 3 of this bill revises the provisions authorizing the Governor, the Lieutenant Governor and the Secretary of State to choose designees and requires that the Director of the Department of Employment, Training and Rehabilitation serve on the Board instead of appointing a member. Section 3 also requires the Governor’s designee to serve as the Chair of the Board.

      Under existing law, the Executive Director is required to designate as many regional development authorities as he or she deems appropriate to implement the State Plan for Economic Development. The Executive Director is also authorized to remove the designation of any previously designated regional development authority if he or she determines that such action would aid in the implementation of the State Plan for Economic Development. (NRS 231.053) Section 4 of this bill authorizes the Executive Director to void any contract entered into between the Office and a regional development authority after removing the designation of that regional development authority.

 


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      Existing law requires the Office to develop a State Plan for Inland Ports which includes a comprehensive plan for the physical development of inland ports which promotes, encourages, and aids in the development of the economic interests in this State. (NRS 231.075) Section 6 of this bill deletes that requirement.

      Under existing law, local governmental entities may apply for a grant or loan of money from the Catalyst Fund if the local governmental entity or entities are designated as a regional development authority. The Executive Director is required to review each application and, if he or she determines that approval of the application would promote economic development in this State, may approve the application and make a grant or loan of money from the Catalyst Fund. (NRS 231.1577) Section 7 of this bill authorizes only counties or incorporated cities to apply for a grant or loan of money from the Catalyst Fund. Section 7 also requires the Executive Director to review any application for a grant or a loan from the Catalyst Fund that requests more than $100,000. Section 9 of this bill abolishes the Interagency Committee for Coordinating Tourism and Economic Development and the Advisory Council on Economic 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:

 

      Section 1. Chapter 231 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purpose of any partial tax abatement which the Office is required or authorized to approve, the Office shall be deemed to have approved the partial tax abatement:

      (a) Upon approval by the Board for partial tax abatements with a projected value to a single entity of $250,000 or more; and

      (b) Upon approval by the Director for partial tax abatements with a projected value to a single entity of less than $250,000.

      2.  For the purposes of this section, “projected value” means the dollar value of the abatement requested by an entity plus the accumulated value of all tax abatements received by that entity for the immediately preceding 2 years.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3. NRS 231.033 is hereby amended to read as follows:

      231.033  1.  There is hereby created the Board of Economic Development, consisting of:

      (a) The following voting members:

             (1) The Governor ; [or his or her designee;]

             (2) The Lieutenant Governor ; [or his or her designee;]

             (3) The Secretary of State ; [or his or her designee;] and

             (4) Six members who must be selected from the private sector and appointed as follows:

                   (I) Three members appointed by the Governor;

                   (II) One member appointed by the Speaker of the Assembly;

                   (III) One member appointed by the Majority Leader of the Senate; and

                   (IV) One member appointed by the Minority Leader of the Assembly or the Minority Leader of the Senate. The Minority Leader of the Senate shall appoint the member for the initial term, the Minority Leader of the Assembly shall appoint the member for the next succeeding term, and thereafter, the authority to appoint the member for each subsequent term alternates between the Minority Leader of the Assembly and the Minority Leader of the Senate.

 


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thereafter, the authority to appoint the member for each subsequent term alternates between the Minority Leader of the Assembly and the Minority Leader of the Senate.

      (b) The following nonvoting members:

             (1) The Chancellor of the Nevada System of Higher Education or his or her designee; and

             (2) [One member appointed by] The Director of the Department of Employment, Training and Rehabilitation . [from the membership of the Governor’s Workforce Investment Board.]

      2.  In appointing the members of the Board described in subsection 1, the appointing authorities shall coordinate the appointments when practicable so that the members of the Board represent the diversity of this State, including, without limitation, different strategically important industries, different geographic regions of this State and different professions.

      3.  The Governor [or his or her designee] shall serve as the Chair of the Board.

      4.  Except as otherwise provided in this subsection, the members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 [and subparagraph (2) of paragraph (b) of subsection 1] are appointed for terms of 4 years. The initial members of the Board shall by lot select three of the initial members of the Board appointed pursuant to subparagraph (4) of paragraph (a) of subsection 1 to serve an initial term of 2 years.

      5.  The Governor, the Lieutenant Governor or the Secretary of State may designate a person to serve as a member of the Board for the Governor, Lieutenant Governor or Secretary of State, respectively. Any person designated to serve pursuant to this subsection shall serve for the term of the officer appointing him or her and serves at the pleasure of that officer. If the Governor designates a person to serve on his or her behalf, that person shall serve as the Chair of the Board. Vacancies in the appointed positions on the Board must be filled by the appointing authority for the unexpired term.

      6.  The Executive Director shall serve as the nonvoting Secretary of the Board.

      7.  A majority of the Board constitutes a quorum, and a majority of the Board is required to exercise any power conferred on the Board.

      8.  The Board shall meet at least once each quarter but may meet more often at the call of the Chair or a majority of the members of the Board.

      9.  The members of the Board serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Board.

      Sec. 4. NRS 231.053 is hereby amended to read as follows:

      231.053  After considering any pertinent advice and recommendations of the Board the Executive Director:

      1.  Shall direct and supervise the administrative and technical activities of the Office.

      2.  Shall develop and may periodically revise a State Plan for Economic Development, which must include a statement of:

      (a) New industries which have the potential to be developed in this State;

      (b) The strengths and weaknesses of this State for business incubation;

      (c) The competitive advantages and weaknesses of this State;

 


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      (d) The manner in which this State can leverage its competitive advantages and address its competitive weaknesses;

      (e) A strategy to encourage the creation and expansion of businesses in this State and the relocation of businesses to this State; and

      (f) Potential partners for the implementation of the strategy, including, without limitation, the Federal Government, local governments, local and regional organizations for economic development, chambers of commerce, and private businesses, investors and nonprofit entities.

      3.  Shall develop criteria for the designation of regional development authorities pursuant to subsection 4.

      4.  Shall designate as many regional development authorities for each region of this State as the Executive Director determines to be appropriate to implement the State Plan for Economic Development. In designating regional development authorities, the Executive Director must consult with local governmental entities affected by the designation. The Executive Director may, if he or she determines that such action would aid in the implementation of the State Plan for Economic Development, remove the designation of any regional development authority previously designated pursuant to this section [.] and declare void any contract between the Office and that regional development authority.

      5.  Shall establish procedures for entering into contracts with regional development authorities to provide services to aid, promote and encourage the economic development of this State.

      6.  May apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 231.020 to 231.139, inclusive, and 231.1573 to 231.1597, inclusive.

      7.  May adopt such regulations as may be necessary to carry out the provisions of NRS 231.020 to 231.139, inclusive, and 231.1573 to 231.1597, inclusive.

      8.  In a manner consistent with the laws of this State, may reorganize the programs of economic development in this State to further the State Plan for Economic Development. If, in the opinion of the Executive Director, changes to the laws of this State are necessary to implement the economic development strategy for this State, the Executive Director must recommend the changes to the Governor and the Legislature.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 231.075 is hereby amended to read as follows:

      231.075  1.  The Office of Economic Development shall:

      (a) [Develop a State Plan for Inland Ports. The Plan must include, without limitation:

             (1) A comprehensive, long-term general plan for the physical development of inland ports which promotes, encourages and aids in the development of the economic interests of this State.

             (2) Requirements for the creation of inland ports for the purposes of the Inland Port Authority Act which affect economic and industrial development.

      (b)] Promote, encourage and aid in the development of inland ports in this State.

      [(c)](b) Identify sources of financing to assist local governments in developing or expanding inland ports.

      [(d)](c) Encourage and assist local governments in planning and preparing projects for inland ports.

 


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      [(e)](d) Promote close cooperation between local governments, other public agencies and private persons that have an interest in creating, operating or maintaining inland ports in the State.

      2.  As used in this section, “inland port” has the meaning ascribed to it in NRS 277B.050.

      Sec. 7. NRS 231.1577 is hereby amended to read as follows:

      231.1577  1.  The Executive Director shall, after considering the advice and recommendations of the Board, establish procedures for applying to the Office for [a development resource or] a grant or loan of money from the Catalyst Fund created by NRS 231.1573. The procedures must:

      (a) Include, without limitation, a requirement that applications for [development resources,] grants or loans must set forth:

             (1) The proposed use of the [development resource,] grant or loan;

             (2) The plans, projects and programs for which the [development resource,] grant or loan will be used;

             (3) The expected benefits of the [development resource,] grant or loan; and

             (4) A statement of the short-term and long-term impacts of the use of the [development resource,] grant or loan; and

      (b) Allow an applicant to revise his or her application upon the recommendation of the Executive Director.

      2.  In accordance with the procedures established pursuant to subsection 1 [and subject to the requirements of this subsection:

      (a) A regional development authority which is a local government or composed solely of two or more local governmental entities; or

      (b) A private nonprofit regional development authority acting in partnership with a regional development authority which is a local government or composed solely of two or more local governments,] , any county or incorporated city in this State

[Ê] may apply for a grant or loan of money from the Catalyst Fund. [If a private nonprofit regional development authority acting in partnership with a regional development authority which is a local government or composed solely of two or more local governments applies for a grant or loan of money from the Catalyst Fund, the regional development authority which is a local government or composed solely of two or more local governments must be the entity which submits the application and receives and distributes the grant or loan.]

      3.  [In accordance with the procedures established pursuant to subsection 1 and subject to the requirements of this subsection, a regional development authority may apply for a development resource. A private nonprofit regional development authority applying for a development resource which is a grant or loan of money must apply in partnership with a regional development authority which is a local government or composed solely of two or more local governments. Any development resource which is a grant or loan of money must be received and distributed by the regional development authority which is a local government or composed solely of two or more local governments.

      4.]  Upon receipt of an application pursuant to subsection 2 , [or 3,] the Executive Director shall review the application and determine whether the approval of the application would promote the economic development of this State and aid the implementation of the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

 


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of NRS 231.053. If the Executive Director determines that approving the application will promote the economic development of this State and aid the implementation of the State Plan for Economic Development, the Executive Director may approve the application and [provide a development resource or] make a grant or loan of money from the Catalyst Fund to the applicant [.

      5.]  if the applicant is requesting $100,000 or less. If the applicant is requesting more than $100,000, the Board may approve the application and make a grant or loan of money from the Catalyst Fund to the applicant.

      4.  [Except as otherwise provided in this subsection or another specific statute, each development resource or grant or loan of money from the Catalyst Fund which the Office provides to a regional development authority must be used to provide development resources, grants or loans to or to make investments in, businesses seeking to create or expand in this State or relocate to this State. The Executive Director may provide a development resource or a grant or loan of money to a regional development authority to be used for administrative or operating purposes, but no money from the Catalyst Fund may be used by any organization for economic development for such purposes.

      6.  After considering the advice and recommendations of the Board, the Executive Director shall:

      (a) Require each regional development authority to which the Executive Director proposes to provide a development resource or a grant or loan of money from the Catalyst Fund to enter into an agreement with the Executive Director that sets forth terms and conditions of the development resource, grant or loan, which must include, without limitation, a provision requiring the regional development authority to enter into a separate agreement with each business to which the regional development authority provides any portion of the development resource, grant or loan which requires the business to return the development resource, grant or loan to the Office if it is not used in accordance with the agreement between the regional development authority and the Executive Director.

      (b) Establish the requirements for reports from regional development authorities concerning the use of development resources and grants and loans of money from the Catalyst Fund. The requirements must include, without limitation, a requirement that the recipient of a grant or loan of money include in such a report:

             (1) A description of each activity undertaken with money from the grant or loan and the amount of money used for each such activity;

             (2) The return on the money provided by the grant or loan;

             (3) A statement of the benefit to the public from the grant or loan; and

             (4) Such documentation as the Executive Director deems appropriate to support the information provided in the report.

      7.]  On or before November 1, 2012, and on or before November 1 of every year thereafter, the Executive Director shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year. The report must include, without limitation:

 


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      (a) The amount of grants and loans awarded from the Catalyst Fund;

      (b) The amount of all grants, gifts and donations to the Catalyst Fund from public and private sources;

      (c) The number of businesses which have been created or expanded in this State, or which have relocated to this State, because of grants and loans from the Catalyst Fund; and

      (d) The number of jobs which have been created or saved because of grants and loans from the Catalyst Fund.

      Sec. 8.  NRS 277B.160 is hereby amended to read as follows:

      277B.160  1.  One or more participating entities may apply to the Office to create, operate and maintain an inland port and authority.

      2.  A participating entity is eligible to apply to the Office pursuant to subsection 1 if the county or incorporated city, as applicable, of the participating entity is located in whole or in part within the proposed boundaries of the inland port.

      3.  The Office may approve the creation of an inland port and authority if the Office determines that the proposed inland port and authority [conform to the State Plan for Inland Ports developed by the Office pursuant to NRS 231.075.] will serve the economic interests of this State.

      Sec. 9. NRS 231.015 and 231.025 are hereby repealed.

      Sec. 10.  The amendatory provisions of subsection 4 of section 4 of this act do not apply to a contract specified in that subsection which is entered into before July 1, 2013.

      Sec. 11.  This act becomes effective upon passage and approval.

________

CHAPTER 113, AB 72

Assembly Bill No. 72–Assemblywoman Carlton

 

CHAPTER 113

 

[Approved: May 24, 2013]

 

AN ACT relating to the Nevada State Board of Veterinary Medical Examiners; increasing the membership of the Board from seven members to eight members by adding a veterinary technician; increasing from four to five the number of members needed to call a meeting of the Board and to constitute a quorum; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that the Nevada State Board of Veterinary Medical Examiners is composed of seven members appointed by the Governor, including: (1) six members who must be Nevada residents who have graduated from an accredited veterinary college and who have been lawfully engaged in the practice of veterinary medicine in this State for at least 5 years next preceding the date of their appointment; and (2) one member who must be a representative of the general public and who must not be a veterinarian, a veterinary technician or a euthanasia technician or related to a veterinarian, a veterinary technician or a euthanasia technician. (NRS 638.020) Section 1 of this bill increases the membership of the Board to eight members, adding one member who must be a Nevada resident who is a veterinary technician and who has been lawfully engaged in practice as a veterinary technician in this State for at least 5 years next preceding the date of his or her appointment.

 


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      Existing law provides that a meeting of the Board may be called by four members of the Board, and four members constitute a quorum. (NRS 638.060) Section 2 of this bill increases from four to five the number of members needed to call a meeting of the Board and to constitute a quorum.

 

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 638.020 is hereby amended to read as follows:

      638.020  1.  The Nevada State Board of Veterinary Medical Examiners is hereby created.

      2.  The Board consists of [seven] eight members appointed by the Governor.

      3.  Six of the members must:

      (a) Be residents of the State of Nevada.

      (b) Be graduates of a veterinary college accredited by the American Veterinary Medical Association.

      (c) Have been lawfully engaged in the practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of their appointment.

      4.  One member must:

      (a) Be a resident of the State of Nevada.

      (b) Be a veterinary technician.

      (c) Have been lawfully engaged in practice as a veterinary technician in the State of Nevada for at least 5 years next preceding the date of his or her appointment.

      5.  One member appointed by the Governor must be a representative of the general public. This member must not be:

      (a) A veterinarian, a veterinary technician or a euthanasia technician; or

      (b) The spouse or the parent or child, by blood, marriage or adoption, of a veterinarian, a veterinary technician or a euthanasia technician.

      [5.]6.  Any member may be removed from the Board by the Governor for good cause.

      Sec. 2. NRS 638.060 is hereby amended to read as follows:

      638.060  1.  The Board shall meet at least annually and on the call of the President or any [four] five of its members.

      2.  [Four] Five members of the Board constitute a quorum, and a quorum is necessary to conduct the business of the Board. Any action taken by the Board must be approved by at least a majority of the members present at a hearing or meeting of the Board.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 406ê

 

CHAPTER 114, AB 79

Assembly Bill No. 79–Committee on Health and Human Services

 

CHAPTER 114

 

[Approved: May 24, 2013]

 

AN ACT relating to children; providing for the establishment by statute of the Nevada Early Childhood Advisory Council; prescribing the membership and duties of the Council; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Federal law requires, as a condition of state participation in the federal Head Start program, the Governor to designate or establish an advisory council on early childhood education and care. (42 U.S.C. § 9837b) In fulfillment of this obligation, the Nevada Early Childhood Advisory Council was created by an executive order of the Governor on September 11, 2009, and was continued by executive order on July 14, 2011. By the terms of the executive order signed on July 14, 2011, the Council will cease to exist on July 31, 2013. This bill statutorily establishes the Nevada Early Childhood Advisory Council by the Governor. This bill also sets forth the membership of the Council, which must be appointed by the Governor and include membership as required by federal law, plus representatives of nonprofit organizations located in northern and southern Nevada that provide early childhood education programs. The statutory Council has substantially the same duties as the Council created by executive order but must also establish, in cooperation with the State Board of Education, guidelines for evaluating the school readiness of children.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The Nevada Early Childhood Advisory Council is hereby established as the state advisory council on early childhood education and care required to be established pursuant to 42 U.S.C. § 9837b(b)(1)(A)(i). The membership of the Council must be appointed by the Governor and include, without limitation:

      (a) One member who is a representative of the Health Division whose duties include responsibility for child care;

      (b) One member who is a representative of the Department of Education;

      (c) One member who is a representative of the Department of Education whose duties include responsibilities for programs under section 619 or part C of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.;

      (d) One member who is a representative of the boards of trustees of the school districts in this State;

      (e) One member who is a representative of the Nevada System of Higher Education;

      (f) One member who is a representative of local providers of early childhood education and developmental services;

 


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ê2013 Statutes of Nevada, Page 407 (Chapter 114, AB 79)ê

 

      (g) One member who is a representative of Head Start agencies in this State, including, without limitation, migrant and seasonal Head Start programs and Indian Head Start programs;

      (h) One member who is appointed or designated pursuant to 42 U.S.C. § 9837b(a)(3)(A);

      (i) One member who is a representative of the Division of Mental Health and Development Services of the Department;

      (j) One member who is a representative of a nonprofit organization located in southern Nevada that provides early childhood education programs;

      (k) One member who is a representative of a nonprofit organization located in northern Nevada that provides early childhood education programs; and

      (l) Such other members as the Governor determines are appropriate.

      2.  The Council shall:

      (a) Work to strengthen state-level coordination and collaboration among the various sectors and settings of early childhood education programs.

      (b) Conduct periodic statewide assessments of needs relating to the quality and availability of programs and services for children who are in early childhood education programs.

      (c) Identify opportunities for and barriers to coordination and collaboration among early childhood education programs funded in whole or in part by the Federal Government, the State or a local government.

      (d) Develop recommendations for:

             (1) Increasing the participation of children in early childhood education programs funded in whole or in part by the Federal Government, the State or a local government, including, without limitation, providing information on such programs to underrepresented and special populations;

             (2) The establishment or improvement of core elements of the early childhood system in this State, including, without limitation, a statewide unified system for collecting data relating to early childhood education programs;

             (3) A statewide professional development system for teachers engaged in early childhood education; and

             (4) The establishment of statewide standards for early childhood education programs in this State.

      (e) Assess the capacity and effectiveness of institutions of higher education in this State in developing teachers in the field of early childhood education.

      (f) Establish, in cooperation with the State Board of Education, guidelines for evaluating the school readiness of children. The guidelines must:

             (1) Be based on national school readiness indicators;

             (2) Address the following components of school readiness:

                   (I) Physical and developmental health;

                   (II) Social and emotional development;

                   (III) Approaches to learning;

                   (IV) Language and early literacy development; and

                   (V) Cognition and general knowledge.

 


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ê2013 Statutes of Nevada, Page 408 (Chapter 114, AB 79)ê

 

      (g) Develop recommendations for increasing parental involvement and family engagement in early childhood education programs.

      (h) Perform such other duties relating to early childhood education programs as designated by the Governor.

      3.  The Council may accept gifts, grants and donations from any source for the support of the Council in carrying out the provisions of this section.

      Sec. 2.  On or before February 1, 2015, the Nevada Early Childhood Advisory Council established by section 1 of this act shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the 78th Session of the Nevada Legislature on the work of the Council relating to the duties of the Council set forth in section 1 of this act.

      Sec. 3.  Notwithstanding the provisions of section 1 of this act, the Nevada Early Childhood Advisory Council created by the Governor by executive order on September 11, 2009, and continued by executive order on July 14, 2011, shall be deemed to be the Nevada Early Childhood Advisory Council established pursuant to section 1 of this act until the Governor appoints the members of the Advisory Council pursuant to subsection 1 of section 1 of this act.

      Sec. 4.  This act becomes effective upon passage and approval.

________

CHAPTER 115, AB 82

Assembly Bill No. 82–Assemblyman Frierson

 

CHAPTER 115

 

[Approved: May 24, 2013]

 

AN ACT relating to evidence; prohibiting a court from receiving evidence of the previous sexual conduct of a child in proceedings related to the protection of children; prohibiting a court from receiving evidence of the previous sexual conduct of a child in proceedings related to the termination of parental rights; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that evidence may be presented in certain civil proceedings related to the protection of children. (Chapter 432B of NRS) Section 2 of this bill prohibits, in any proceeding related to the protection of children, the introduction of evidence of any previous sexual conduct of a child to challenge the child’s credibility as a witness unless the child’s attorney has presented evidence or the child has testified concerning such conduct. Section 1.5 of this bill similarly prohibits the introduction of such evidence in proceedings regarding the termination of parental rights.

 


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ê2013 Statutes of Nevada, Page 409 (Chapter 115, AB 82)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5. Chapter 128 of NRS is hereby amended by adding thereto a new section to read as follows:

      In any proceeding held pursuant to this chapter involving a child who has been the subject of a proceeding pursuant to chapter 432B of NRS, a party may not present evidence of any previous sexual conduct of a child to challenge the child’s credibility as a witness unless the attorney for the child has first presented evidence or the child has testified concerning such conduct, or the absence of such conduct, on direct examination by the district attorney or the attorney for the child, in which case the scope of the cross-examination of the child or rebuttal must be limited to the evidence presented by the child’s attorney or the child.

      Sec. 2. Chapter 432B of NRS is hereby amended by adding thereto a new section to read as follows:

      In any proceeding held pursuant to this chapter, a party may not present evidence of any previous sexual conduct of a child to challenge the child’s credibility as a witness unless the attorney for the child has first presented evidence or the child has testified concerning such conduct, or the absence of such conduct, on direct examination by the district attorney or the attorney for the child, in which case the scope of the cross-examination of the child or rebuttal must be limited to the evidence presented by the child’s attorney or the child.

________

CHAPTER 116, AB 89

Assembly Bill No. 89–Assemblymen Bobzien, Kirkpatrick, Horne, Frierson, Hickey; Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Eisen, Flores, Hardy, Healey, Ohrenschall, Spiegel and Swank

 

Joint Sponsors: Senators Denis, Smith, Kieckhefer, Roberson, Segerblom; Jones and Parks

 

CHAPTER 116

 

[Approved: May 24, 2013]

 

AN ACT relating to business entities; authorizing the formation of benefit corporations; providing for the operation and governance of benefit corporations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill authorizes and provides for the governance of a new type of business entity known as a benefit corporation. Section 14 of this bill provides that the purpose of a benefit corporation is to create general public benefit. Under sections 5 and 9 of this bill, general public benefit is defined as a material positive impact on society and the environment, taken as a whole, as assessed against a third-party standard that satisfies certain requirements. Section 14 further authorizes a benefit corporation to identify in its articles of incorporation one or more specific public benefits as an additional purpose of the benefit corporation.

 


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ê2013 Statutes of Nevada, Page 410 (Chapter 116, AB 89)ê

 

additional purpose of the benefit corporation. Under section 7 of this bill, such specific public benefits include, without limitation, providing low-income or underserved individuals or communities with beneficial products or services, promoting economic opportunity for individuals or communities beyond the creation of jobs in the ordinary course of business, preserving the environment, improving human health and promoting the arts, sciences or the advancement of knowledge.

      Under sections 10 and 11 of this bill, a benefit corporation must be formed by filing articles of incorporation with the Secretary of State and paying the fee for the filing of articles of incorporation required by existing law. Sections 6, 10 and 12 of this bill establish the procedures by which an existing corporation or other type of business entity may become a benefit corporation. Sections 6, 10 and 13 of this bill set forth the manner in which a benefit corporation may terminate its status as a benefit corporation.

      Sections 15 and 17 of this bill set forth the duties of directors and officers of benefit corporations. Sections 15 and 17 require directors and officers to consider the impacts of any action or proposed action upon certain constituencies, including, without limitation, shareholders, employees, suppliers, subsidiaries, customers who are beneficiaries of the general or specific public benefit purposes of the benefit corporation and the environment.

      Sections 16 and 19 of this bill establish reporting requirements for benefit corporations and the boards of directors of benefit corporations. Under section 19, a benefit corporation must deliver to each shareholder an annual benefit report which includes, without limitation, an assessment concerning the social and environmental performance of the benefit corporation and a description of the ways in which the benefit corporation pursued general public benefit and any specific public benefit identified in its articles of incorporation. Section 16 requires the board of directors to include with the annual benefit report a statement indicating whether, in the opinion of the board, the benefit corporation failed in any material respect to pursue its general public benefit purpose or any specific public benefit purpose identified in its articles of incorporation during the period covered by the report.

      Section 18 of this bill enacts provisions governing the liability of a director or officer of a benefit corporation. Under section 18, the duties of a director or officer may be enforced only in a benefit enforcement proceeding that may be commenced or maintained only by certain 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. Title 7 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 20, inclusive, of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Benefit corporation” means a corporation organized under chapter 78 or 78A of NRS, NRS 81.010 to 81.160, inclusive, or chapter 89 of NRS that has elected to become subject to this chapter and whose status as a benefit corporation has not been terminated pursuant to this chapter.

      Sec. 4. “Benefit enforcement proceeding” means a claim or action for:

      1.  Failure of a benefit corporation to pursue the general public benefit purpose of the benefit corporation or any specific public benefit purpose set forth in its articles of incorporation;

 


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      2.  Violation of a duty or standard of conduct imposed on a director or officer of a benefit corporation pursuant to this chapter; or

      3.  Failure of a benefit corporation to deliver or post on its Internet website an annual benefit report as required by section 19 of this act.

      Sec. 5. “General public benefit” means a material positive impact on society and the environment, taken as a whole, as assessed against a third-party standard, from the business and operations of a benefit corporation.

      Sec. 6. “Minimum status vote” means:

      1.  In the case of a corporation, in addition to any other approval or vote required by chapter 78 or 78A of NRS, NRS 81.010 to 81.160, inclusive, or chapter 89 of NRS, whichever is applicable, by chapter 92A of NRS or by the articles of incorporation, satisfaction of both of the following conditions:

      (a) The shareholders of every class or series are entitled to vote on the corporate action regardless of any limitation on the voting rights of any class or series stated in the articles of incorporation or bylaws.

      (b) The corporate action must be approved by the outstanding shares of each class or series by at least two-thirds of the votes, or the greater vote if required by the articles of incorporation, that all shareholders of the class or series are entitled to cast on that action.

      2.  In the case of a business entity organized and existing under the laws of this State other than a corporation, in addition to any other approval, vote or consent required by the laws of this State that govern the internal affairs of the entity, by any provision of the publicly filed record or document required to form the entity, or by any agreement binding some or all of the holders of the equity interests in the entity, satisfaction of both of the following conditions:

      (a) The holders of every class or series of interest in the entity that are entitled to receive a distribution of any kind from the entity or partnership are entitled to vote on or consent to the action regardless of any otherwise applicable limitation on the voting or consent rights of any class or series.

      (b) The action must be approved by the vote or consent of the holders described in paragraph (a) by at least two-thirds of the votes or consent of those holders, or the greater vote or consent if required by the publicly filed record or document required to form the entity or partnership or by any agreement binding those holders.

      Sec. 7. “Specific public benefit” includes, without limitation:

      1.  Providing low-income or underserved individuals or communities with beneficial products or services;

      2.  Promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;

      3.  Protecting, preserving or restoring the environment;

      4.  Improving human health;

      5.  Promoting the arts, sciences or advancement of knowledge;

      6.  Increasing the flow of capital to entities with a general public benefit purpose; and

      7.  The accomplishment of any other particular benefit for society or the environment.

      Sec. 8. “Subsidiary” means an entity in which a person owns beneficially or of record 50 percent or more of the outstanding equity interests.

 


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ê2013 Statutes of Nevada, Page 412 (Chapter 116, AB 89)ê

 

      Sec. 9. “Third-party standard” means a standard for defining, reporting and assessing overall corporate social and environmental performance:

      1.  That provides for a comprehensive assessment of the impact of the benefit corporation and its operations upon the considerations listed in paragraphs (b) to (e), inclusive, of subsection 1 of section 15 of this act; and

      2.  That is developed by an entity that:

      (a) Has no material financial relationship with the benefit corporation or a subsidiary of the benefit corporation;

      (b) Is governed by a governing body of which not more than one-third of the members are representatives of:

             (1) Associations of businesses operating in a specific industry whose members’ performances are measured by the standard;

             (2) Businesses from a specific industry or an association of businesses in that industry; or

             (3) Businesses whose performance is assessed against that standard;

      (c) Is not materially financed by an association or business described in paragraph (b);

      (d) Accesses necessary and appropriate expertise to assess overall corporate social and environmental performance; and

      (e) Uses a balanced, multistakeholder approach to develop the standard, including, without limitation, a public comment period of at least 30 days; and

      3.  About which the following information is available to the public:

      (a) The criteria considered when measuring the overall social and environmental performance of a business;

      (b) The relative weightings assigned to the criteria described in paragraph (a);

      (c) The identity of the directors, officers, material owners and the governing body of the entity that developed, and controls revisions to, the standard;

      (d) The process for revising the standard and changing the membership of the governing body that developed, and controls revisions to, the standard; and

      (e) An accounting of the sources of financial support for the entity that developed, and controls revisions to, the standard which provides sufficient detail to disclose any relationships that could reasonably be considered to present a potential conflict of interest.

      Sec. 10. 1.  This chapter is applicable to all benefit corporations.

      2.  The provisions of this chapter do not create any implication that a contrary or different rule of law is or would be applicable to a corporation that is not a benefit corporation. The provisions of this chapter do not affect any statute or rule of law that is or would be applicable to a corporation that is not a benefit corporation.

      3.  The provisions of chapters 78 and 78A of NRS, NRS 81.010 to 81.160, inclusive, and chapters 89 and 92A of NRS apply to benefit corporations except where those provisions conflict or are inconsistent with the provisions of this chapter. A benefit corporation may be subject simultaneously to this chapter and chapter 78 or 78A of NRS, NRS 81.010 to 81.160, inclusive, or chapter 89 of NRS, as applicable.

 


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      4.  A provision of the articles of incorporation or bylaws of a benefit corporation may not limit, be inconsistent with or supersede a provision of this chapter.

      Sec. 11.  A benefit corporation must be formed in accordance with NRS 78.030 to 78.055, inclusive, except that the articles of incorporation must:

      1.  State that the corporation is a benefit corporation; and

      2.  Identify any specific public benefit adopted by the corporation pursuant to section 14 of this act.

      Sec. 12. 1.  A domestic corporation may become a benefit corporation under this chapter by amending its articles of incorporation so that the articles of incorporation contain a statement that the domestic corporation is a benefit corporation. The amendment must be adopted by at least the minimum status vote. If the amendment is adopted, a shareholder of the corporation may, by complying with the provisions of NRS 92A.300 to 92A.500, inclusive, require the corporation to purchase at their market value the shares owned by the shareholder which are dissenting shares in accordance with the procedures set forth in NRS 92A.300 to 92A.500, inclusive, as if the adoption of the amendment were an action to which those provisions were applicable.

      2.  If a corporation that is not a benefit corporation is a constituent entity in a merger or is acquired in an exchange, and the surviving entity in the merger is to be a benefit corporation or the articles of incorporation of the acquired corporation are to be amended in the exchange to provide that the acquired corporation will be a benefit corporation, the merger or exchange, whichever is applicable, is not effective unless the plan of merger or exchange, whichever is applicable, is approved by the corporation by the minimum status vote.

      3.  If a domestic other business entity is a constituent entity in a merger and the surviving entity in the merger is to be a benefit corporation, the merger is not effective unless the plan of merger is approved by the domestic other business entity by at least the minimum status vote.

      4.  If a domestic other business entity is the constituent entity in a conversion in which the resulting entity will be a benefit corporation, the plan of conversion is not effective unless the conversion is approved by the converting entity by at least the minimum status vote.

      5.  As used in this section:

      (a) “Constituent entity” has the meaning ascribed to it in NRS 92A.015.

      (b) “Domestic corporation” means a corporation organized and existing under chapter 78, 78A or 89 of NRS, or a nonprofit cooperative corporation organized pursuant to NRS 81.010 to 81.160, inclusive.

      (c) “Domestic other business entity” means a limited-liability company organized and existing under chapter 86 of NRS, a limited partnership organized and existing under chapter 87A or 88 of NRS or a business trust organized and existing under chapter 88A of NRS.

      (d) “Exchange” has the meaning ascribed to it in NRS 92A.050.

      (e) “Resulting entity” has the meaning ascribed to it in NRS 92A.090.

      Sec. 13. 1.  A benefit corporation may terminate its status as a benefit corporation and cease to be subject to this chapter by amending its articles of incorporation to delete the statement in the articles of incorporation that the corporation is a benefit corporation as required by section 11 or 12 of this act.

 


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section 11 or 12 of this act. To be effective, the amendment must be adopted by at least the minimum status vote.

      2.  If a benefit corporation is a constituent entity in a merger, conversion or exchange and the effect of the merger, conversion or exchange will terminate the status of the benefit corporation as a benefit corporation, the plan or merger, conversion or exchange, whichever is applicable, is not effective unless it is approved by at least the minimum status vote.

      3.  If not made in the usual and regular course of business, a sale, lease, exchange or other disposition of all or substantially all of the property of a benefit corporation is not effective unless it is approved by at least the minimum status vote.

      4.  As used in this section:

      (a) “Constituent entity” has the meaning ascribed to it in NRS 92A.015.

      (b) “Exchange” has the meaning ascribed to it in NRS 92A.050.

      Sec. 14. 1.  A benefit corporation shall have the purpose of creating general public benefit. This purpose is in addition to, and may be a limitation on, the corporation’s purpose under NRS 78.030 and any specific purpose set forth in its articles of incorporation pursuant to NRS 78.037.

      2.  In addition to the provisions required to be stated in the articles of incorporation pursuant to NRS 78.035, the articles of incorporation of a benefit corporation must contain a statement that the corporation is a benefit corporation. The articles of incorporation may identify the creation of one or more specific public benefits as a purpose or as purposes of the benefit corporation. The identification of any specific public benefit pursuant to this subsection does not limit the obligation of the benefit corporation to create general public benefit.

      3.  The creation of general and specific public benefits as provided in subsections 1 and 2 is in the best interests of the benefit corporation.

      4.  A professional corporation that is a benefit corporation does not violate NRS 89.050 by providing the professional services for which it was incorporated for the purpose of creating general public benefit or any specific public benefit.

      5.  A benefit corporation may amend its articles of incorporation to add, amend or delete the identification of any specific public benefit that must be the purpose of the benefit corporation to create. To be effective, the amendment must be adopted by at least the minimum status vote.

      Sec. 15.  1.  In discharging the duties of their respective positions, and in considering the best interests of the benefit corporation, the board of directors, committees of the board of directors and individual directors of a benefit corporation must consider the impacts of any action or inaction upon:

      (a) The shareholders of the benefit corporation.

      (b) The employees and workforce of the benefit corporation and its subsidiaries and suppliers.

      (c) The interests of customers of the benefit corporation as beneficiaries of the general public benefit purpose or any specific public benefit purpose of the benefit corporation.

 


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      (d) Community and societal factors, including, without limitation, factors in the community in which offices or facilities of the benefit corporation or its subsidiaries or suppliers are located.

      (e) The local and global environment.

      (f) The short-term and long-term interests of the benefit corporation, including, without limitation, benefits that may accrue to the benefit corporation from its long-term plans and the possibility that those interests may be best served by control of the benefit corporation remaining unchanged.

      (g) The ability of the benefit corporation to accomplish its general public benefit purpose and any specific public benefit purpose.

      2.  In discharging their respective duties, the board of directors, committees of the board of directors and individual directors of a benefit corporation may consider:

      (a) The resources, intent and conduct, including, without limitation, the past, stated and potential conduct, of any person seeking to acquire control of the benefit corporation.

      (b) Any other pertinent factors or the interests of any other person or group.

      3.  In discharging their respective duties, the board of directors, committees of the board of directors and individual directors of a benefit corporation are not required to give priority to any particular factor or the interests of any particular person or group referred to in subsection 1 or 2 over any other factor or the interests of any other person or group, unless the benefit corporation has stated its intention to give priority to a specific public benefit purpose identified in the articles of incorporation of the benefit corporation.

      4.  In performing his or her duties, a director of a benefit corporation is entitled to rely on information, opinions, reports, books of account or statements, including financial statements and other financial data, that are prepared or presented by:

      (a) One or more directors, officers or employees of the benefit corporation reasonably believed to be reliable and competent in the matters prepared or presented;

      (b) Counsel, public accountants, financial advisers, valuation advisers, investment bankers or other persons as to matters reasonably believed to be within the preparer’s or presenter’s professional or expert competence; or

      (c) A committee on which the director does not serve, established in accordance with NRS 78.125, as to matters within the committee’s designated authority and matters on which the committee is reasonably believed to merit confidence,

Ê but a director is not entitled to rely on such information, opinions, reports, books of account or statements if the director has knowledge concerning the matter in question that would cause reliance thereon to be unwarranted.

      5.  The consideration of interests and factors in the manner required by this section does not constitute a violation of NRS 78.138 or 78.139 and is in addition to the ability of directors to consider the interests and factors set forth in NRS 78.138 and 78.139.

      6.  A director of a benefit corporation is not liable for monetary damages for:

 


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ê2013 Statutes of Nevada, Page 416 (Chapter 116, AB 89)ê

 

      (a) Any action or inaction in the course of performing the duties of a director under this section if the director performed the duties of a director in compliance with this section and NRS 78.138 and 78.139.

      (b) Failure of the benefit corporation to pursue or create general public benefit or any specific public benefit identified in the articles of incorporation of the benefit corporation pursuant to section 14 of this act.

      7.  A director does not have a duty to a person who is a beneficiary of the general public benefit purpose or any specific public benefit purpose identified in the articles of incorporation of the benefit corporation pursuant to section 14 of this act arising from the status of the person as a beneficiary.

      8.  In performing his or her duties, a director of a benefit corporation has the benefit of the presumptions established by subsection 3 of NRS 78.138.

      Sec. 16. 1.  The board of directors of a benefit corporation shall prepare and include in the annual benefit report to shareholders required by section 19 of this act a statement indicating whether, in the opinion of the board of directors, the benefit corporation failed in any material respect to pursue its general public benefit purpose and any specific public benefit purpose identified in the articles of incorporation pursuant to section 14 of this act during the period covered by the report.

      2.  If, in the opinion of the board of directors, the benefit corporation failed to pursue its general public benefit purpose or any specific public benefit purpose identified in the articles of incorporation pursuant to section 14 of this act, the statement required by subsection 1 must include a description of the ways in which the benefit corporation failed to pursue its general public benefit purpose or any specific public benefit purpose.

      Sec. 17. 1.  Each officer of a benefit corporation shall consider the interests and factors described in section 15 of this act if:

      (a) The officer has discretion to act with respect to a matter; and

      (b) It reasonably appears to the officer that the matter may have a material effect on:

             (1) The creation of general public benefit or any specific public benefit identified in the articles of incorporation of the benefit corporation pursuant to section 14 of this act; or

             (2) Any of the interests or factors described in subsections 2 and 3 of section 15 of this act.

      2.  The consideration by an officer of a benefit corporation of interests and factors in the manner described in subsection 1 does not constitute a violation of the duties of the officer.

      3.  An officer is not liable for monetary damages for:

      (a) Any action or inaction as an officer in the course of performing the duties of an officer under subsection 1 if the officer performed the duties of his or her position in compliance with this section.

      (b) Failure of the benefit corporation to pursue or create general public benefit or any specific public benefit identified in the articles of incorporation pursuant to section 14 of this act.

      4.  An officer does not have a duty to a person who is a beneficiary of the general public benefit purpose or any specific public benefit purpose identified in the articles of incorporation of the benefit corporation pursuant to section 14 of this act arising from the status of the person as a beneficiary.

 


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ê2013 Statutes of Nevada, Page 417 (Chapter 116, AB 89)ê

 

      5.  In performing his or her duties, an officer of a benefit corporation has the benefit of the presumptions established by subsection 3 of NRS 78.138.

      Sec. 18. 1.  Except in a benefit enforcement proceeding, no person may bring an action or assert a claim against a benefit corporation or its directors or officers with respect to:

      (a) Failure to pursue or create general public benefit or any specific public benefit identified in the articles of incorporation of a benefit corporation pursuant to section 14 of this act; or

      (b) A violation of an obligation, duty or standard of conduct under this chapter.

      2.  A benefit enforcement proceeding may be commenced or maintained only:

      (a) Directly by the benefit corporation; or

      (b) Derivatively by:

             (1) A shareholder who owned beneficially or of record at least 2 percent of the total number of shares of a class or series outstanding at the time of the act or omission complained of;

             (2) A director;

             (3) A person or group of persons that owns beneficially or of record 5 percent or more of the equity interests in an entity of which the benefit corporation is a subsidiary at the time of the act or omission complained of; or

             (4) Any other person authorized in the articles of incorporation or bylaws of the benefit corporation to commence and maintain a benefit enforcement proceeding.

      3.  A benefit corporation is not liable for monetary damages under this chapter for any failure of the benefit corporation to create general public benefit or any specific public benefit identified in the articles of incorporation of the benefit corporation pursuant to section 14 of this act.

      4.  If the court in a benefit enforcement proceeding finds that a failure to comply with this chapter was without justification, the court may award an amount sufficient to reimburse the plaintiff for the reasonable expenses incurred by the plaintiff, including attorney’s fees and expenses, in connection with the benefit enforcement proceeding.

      Sec. 19. 1.  A benefit corporation shall deliver to each shareholder an annual benefit report which includes the following:

      (a) A narrative description of:

             (1) The process and rationale for selecting the third-party standard used to prepare the benefit report;

             (2) The ways in which the benefit corporation pursued general public benefit during the applicable year and the extent to which that general public benefit was created;

             (3) The ways in which the benefit corporation pursued any specific public benefit identified in the articles of incorporation of the benefit corporation pursuant to section 14 of this act and the extent to which that specific public benefit was created; and

             (4) Any circumstances that have hindered the creation by the benefit corporation of general public benefit or any specific public benefit identified in the articles of incorporation of the benefit corporation pursuant to section 14 of this act.

 


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ê2013 Statutes of Nevada, Page 418 (Chapter 116, AB 89)ê

 

      (b) An assessment of the overall social and environmental performance of the benefit corporation, prepared in accordance with a third-party standard applied consistently with any application of that standard in prior benefit reports or accompanied by an explanation of the reasons for any inconsistent application. The assessment is not required to be audited or certified by a third party.

      (c) The statement required by section 16 of this act.

      (d) A statement of any connection between the entity that established the third-party standard, or its directors, officers or material owners, and the benefit corporation, or its directors, officers and material owners, including, without limitation, any financial or governance relationship that might materially affect the credibility of the objective assessment of the third-party standard.

      2.  The annual benefit report required by subsection 1 must be sent annually to each shareholder within 120 days following the end of the fiscal year of the benefit corporation or at the same time that the benefit corporation delivers any other annual report to its shareholders.

      3.  A benefit corporation shall post all of its annual benefit reports on the public portion of its Internet website, if any, except that the compensation paid to directors and any financial or proprietary information included in the annual benefit report may be omitted from the annual benefit report posted on the Internet website.

      4.  If a benefit corporation does not have an Internet website, the benefit corporation must provide a copy of its most recent annual benefit report, without charge, to any person requesting a copy. The benefit corporation may omit any proprietary or financial information, including, without limitation, the compensation paid to directors, from the copy of an annual benefit report that the corporation provides pursuant to this subsection.

      Sec. 20. In addition to any other statement required by chapter 78 or 78A of NRS, NRS 81.010 to 81.160, inclusive, or chapter 89 of NRS, each certificate representing a share of a benefit corporation shall contain conspicuously on the face of the certificate the following statement:

 

       This entity is a benefit corporation.

      Sec. 21. NRS 92A.025 is hereby amended to read as follows:

      92A.025  “Domestic corporation” means a corporation organized and existing under chapter 78, 78A or 89 of NRS, or sections 2 to 20, inclusive, of this act, or a nonprofit cooperative corporation organized pursuant to NRS 81.010 to 81.160, inclusive.

      Sec. 22. NRS 92A.205 is hereby amended to read as follows:

      92A.205  1.  After a plan of conversion is approved as required by this chapter, if the resulting entity is a domestic entity, the constituent entity shall deliver to the Secretary of State for filing:

      (a) Articles of conversion setting forth:

             (1) The name and jurisdiction of organization of the constituent entity and the resulting entity; and

             (2) That a plan of conversion has been adopted by the constituent entity in compliance with the law of the jurisdiction governing the constituent entity.

 


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ê2013 Statutes of Nevada, Page 419 (Chapter 116, AB 89)ê

 

      (b) The charter document of the domestic resulting entity required by the applicable provisions of chapter 78, 78A, 82, 86, 87A, 88, 88A or 89 of NRS [.] or sections 2 to 20, inclusive, of this act.

      (c) The information required pursuant to NRS 77.310.

      2.  After a plan of conversion is approved as required by this chapter, if the resulting entity is a foreign entity, the constituent entity shall deliver to the Secretary of State for filing articles of conversion setting forth:

      (a) The name and jurisdiction of organization of the constituent entity and the resulting entity;

      (b) That a plan of conversion has been adopted by the constituent entity in compliance with the laws of this State; and

      (c) The address of the resulting entity where copies of process may be sent by the Secretary of State.

      3.  If the entire plan of conversion is not set forth in the articles of conversion, the filing party must include in the articles of conversion a statement that the complete signed plan of conversion is on file at the registered office or principal place of business of the resulting entity or, if the resulting entity is a domestic limited partnership, the office described in paragraph (a) of subsection 1 of NRS 87A.215 or paragraph (a) of subsection 1 of NRS 88.330.

      4.  If the conversion takes effect on a later date specified in the articles of conversion pursuant to NRS 92A.240, the charter document to be filed with the Secretary of State pursuant to paragraph (b) of subsection 1 must state the name and the jurisdiction of the constituent entity and that the existence of the resulting entity does not begin until the later date.

      5.  Any records filed with the Secretary of State pursuant to this section must be accompanied by the fees required pursuant to this title for filing the charter document.

      Sec. 23.  This act becomes effective on January 1, 2014.

________

CHAPTER 117, AB 90

Assembly Bill No. 90–Assemblyman Ohrenschall

 

CHAPTER 117

 

[Approved: May 24, 2013]

 

AN ACT relating to industrial insurance; revising the persons who may represent an injured worker in certain hearings or other meetings; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a person may represent an injured worker before a hearing officer or in negotiations, settlements, hearings or other meetings with an insurer concerning a claim only if the person is: (1) employed full-time by the injured worker’s labor organization; (2) an attorney admitted to practice law in Nevada; (3) a full-time employee of such an attorney who is supervised by that attorney; or (4) appearing on behalf of the injured worker without compensation. (NRS 616C.325) This bill allows any employee of the injured worker’s labor organization who is not an independent contractor to appear on the injured worker’s behalf in such situations. However, in all situations where representation of an injured worker is before an appeals officer, the representative must be admitted to practice law in this State.

 


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ê2013 Statutes of Nevada, Page 420 (Chapter 117, AB 90)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 616C.325 is hereby amended to read as follows:

      616C.325  1.  It is unlawful for any person to represent an employee before a hearing officer, or in any negotiations, settlements, hearings or other meetings with an insurer concerning the employee’s claim or possible claim, unless the person is:

      (a) Employed [full-time] by the employee’s labor organization [;] and is not an independent contractor;

      (b) Admitted to practice law in this State;

      (c) Employed full-time by and under the supervision of an attorney admitted to practice law in this State; or

      (d) Appearing without compensation on behalf of the employee.

Ê It is unlawful for any person who is not admitted to practice law in this State to represent the employee before an appeals officer.

      2.  It is unlawful for any person to represent an employer at hearings of contested cases unless that person is:

      (a) Employed full-time by the employer or a trade association to which the employer belongs that is not formed solely to provide representation at hearings of contested cases;

      (b) An employer’s representative licensed pursuant to subsection 3 who is not licensed as a third-party administrator;

      (c) Admitted to practice law in this State; or

      (d) A licensed third-party administrator.

      3.  The Director of the Department of Administration shall adopt regulations which include the:

      (a) Requirements for licensure of employers’ representatives, including:

             (1) The registration of each representative; and

             (2) The filing of a copy of each written agreement for the compensation of a representative;

      (b) Procedure for such licensure; and

      (c) Causes for revocation of such a license, including any applicable action listed in NRS 616D.120 or a violation of this section.

      4.  Any person who is employed by or contracts with an employer to represent the employer at hearings regarding contested claims is an agent of the employer. If the employer’s representative violates any provision of this chapter or chapter 616A, 616B, 616D or 617 of NRS, the employer is liable for any penalty assessed because of that violation.

      5.  An employer shall not make the compensation of any person representing the employer contingent in any manner upon the outcome of any contested claim.

      6.  The Director of the Department of Administration shall collect in advance and deposit with the State Treasurer for credit to the State General Fund the following fees for licensure as an employer’s representative:

      (a) Application and license........................................................................ $78

      (b) Triennial renewal of each license.......................................................... 78

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ê2013 Statutes of Nevada, Page 421ê

 

CHAPTER 118, AB 93

Assembly Bill No. 93–Committee on Health and Human Services

 

CHAPTER 118

 

[Approved: May 24, 2013]

 

AN ACT relating to child welfare; requiring an applicant for a license to operate a child care facility or a licensee to notify the Health Division of the Department of Health and Human Services upon the occurrence of certain events; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Health Division of the Department of Health and Human Services to request information on the background and personal history of various persons associated with a child care facility, including: (1) employees of an applicant for a license to operate a child care facility or of a licensee; (2) certain residents of a child care facility; and (3) certain participants in an outdoor youth program, which is a type of child care facility. (NRS 432A.024, 432A.170) The Health Division is required to request this information not later than 3 days after the date upon which such an employee is hired, such a resident begins his or her residency or such a participant begins his or her participation. (NRS 432A.170) This bill requires an applicant for a license or a licensee to notify the Health Division as soon as practicable but not later than 24 hours after the applicant or licensee hires such an employee, begins the residency of such a resident or begins the participation of such a participant.

 

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

      432A.175  1.  Every applicant for a license to operate a child care facility, licensee and employee of such an applicant or licensee, and every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, shall submit to the Health Division, or to the person or agency designated by the Health Division, to enable the Health Division to conduct an investigation pursuant to NRS 432A.170, a:

      (a) Complete set of fingerprints and a written authorization for the Health Division or its designee to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (b) Written statement detailing any prior criminal convictions; and

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

      2.  If an employee of an applicant for a license to operate a child care facility or licensee, or a resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the Health Division shall immediately notify the applicant or licensee, who shall then comply with the provisions of NRS 432A.1755.

 


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ê2013 Statutes of Nevada, Page 422 (Chapter 118, AB 93)ê

 

who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the Health Division shall immediately notify the applicant or licensee, who shall then comply with the provisions of NRS 432A.1755.

      3.  An applicant for a license to operate a child care facility or licensee shall notify the Health Division as soon as practicable but not later than 24 hours after hiring an employee, beginning the residency of a resident who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or beginning the participation of a participant in an outdoor youth program who is 18 years of age or older.

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

      (a) The applicant, licensee or an employee of the applicant or licensee, or a resident of the child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, or a facility or program operated by the applicant or licensee, is the subject of a lawsuit or any disciplinary proceeding; or

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

      Sec. 2.  This act becomes effective on July 1, 2014.

________

CHAPTER 119, AB 94

Assembly Bill No. 94–Assemblymen Spiegel, Kirkpatrick and Carrillo

 

Joint Sponsor: Senator Parks

 

CHAPTER 119

 

[Approved: May 24, 2013]

 

AN ACT relating to the State Board of Professional Engineers and Land Surveyors; revising provisions relating to certain examinations conducted by the Board; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that the examination for licensure as a professional engineer must consist of an 8-hour examination on the fundamentals of engineering and an 8-hour examination on the principles and practices of engineering. (NRS 625.193) Section 1 of this bill eliminates the requirements that the two constituent examinations be 8 hours long.

      Existing law also provides that the examination for licensure as a professional land surveyor must consist of an 8-hour examination on the fundamentals of land surveying and an 8-hour examination on the principles and practices of land surveying. (NRS 625.280) Section 2 of this bill eliminates the requirements that the two constituent examinations be 8 hours long.

 


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ê2013 Statutes of Nevada, Page 423 (Chapter 119, AB 94)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 625.193 is hereby amended to read as follows:

      625.193  1.  The examination for licensure as a professional engineer must consist of:

      (a) An [8-hour] examination on the fundamentals of engineering that must cover the subject matter of a general education or training in engineering. If the applicant for licensure as a professional engineer has graduated from an engineering curriculum that is approved by the Board and has 15 years or more of experience in engineering, the examination on the fundamentals of engineering may be waived by the Board.

      (b) An [8-hour] examination on the principles and practices of engineering that must cover the discipline of engineering in which the applicant is applying for licensure.

      2.  An applicant for licensure as a professional engineer must pass the examination on the fundamentals of engineering or receive a waiver of that requirement before the applicant may take the examination on the principles and practices of engineering.

      3.  When determining the content of the examinations on the fundamentals of engineering and the principles and practices of engineering, the Board shall consider the recognized disciplines of engineering and may conform the examination to the particular qualifications of the applicant.

      4.  The Board may require additional examinations for licensure in specialized areas of practice within one or more recognized disciplines of engineering.

      5.  The Board may administer or authorize an accredited college or university that offers a program in engineering approved by the Board to administer the examination on the fundamentals of engineering to persons who are not applicants for licensure as professional engineers in this state.

      6.  The Board may prescribe or limit the use of notes, texts and reference materials by applicants who are taking the examinations.

      7.  The Board may require the examinations or any portion of the examinations set forth in this section to be completed:

      (a) In writing, with a pen or pencil of a type that has been approved by the Board;

      (b) With a computer that has been provided or approved by the Board; or

      (c) Orally, in the manner prescribed by the Board.

      Sec. 2. NRS 625.280 is hereby amended to read as follows:

      625.280  1.  The examination for licensure as a professional land surveyor must consist of:

      (a) An [8-hour] examination on the fundamentals of land surveying that must cover the subject matter of a general land-surveying education or training. If the applicant for licensure as a professional land surveyor has 15 years or more of experience in land surveying, the examination on the fundamentals of land surveying may be waived. For the purposes of determining the years of experience of an applicant for licensure as a professional land surveyor pursuant to this paragraph, the Board shall consider graduation from a land-surveying curriculum that is approved by the Board to be equivalent to 4 years of experience.

 


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ê2013 Statutes of Nevada, Page 424 (Chapter 119, AB 94)ê

 

      (b) An [8-hour] examination on the principles and practices of land surveying.

      2.  An applicant for licensure as a professional land surveyor must pass the examination on the fundamentals of land surveying or receive a waiver of that requirement before the applicant may take the examination on the principles and practices of land surveying.

      3.  The Board may administer or authorize an accredited college or university that offers a program in land surveying approved by the Board to administer the examination on the fundamentals of land surveying to persons who are not applicants for licensure as professional land surveyors in this state.

      4.  The Board may prescribe or limit the use of notes, texts and reference materials by applicants who are taking the examinations.

      5.  The Board may require the examinations or any portion of the examinations set forth in this section to be completed:

      (a) In writing, with a pen or pencil of a type that has been approved by the Board;

      (b) With a computer that has been provided or approved by the Board; or

      (c) Orally, in the manner prescribed by the Board.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

CHAPTER 120, AB 102

Assembly Bill No. 102–Assemblymen Carrillo, Fiore, Daly; and Martin

 

CHAPTER 120

 

[Approved: May 24, 2013]

 

AN ACT relating to crimes; revising provisions relating to the crime of participation in an organized retail theft ring; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law: (1) defines the crime of participation in an organized retail theft ring as three or more persons who associate for the purpose of engaging in the conduct of committing a series of thefts of retail merchandise against more than one merchant in this State or against one merchant but at more than one location of a retail business of the merchant in this State; and (2) provides that a person who participates in an organized retail theft ring is guilty of a category B felony, punishable by imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 10 years, if the aggregated value of the property or services involved in all thefts committed by the organized retail theft ring during a period of 90 days is at least $3,500 but less than $10,000. (NRS 205.08345) This bill replaces the crime of participation in an organized retail theft ring with the crime of organized retail theft and provides that such a crime may be committed by one or more persons who conduct a series of thefts of retail merchandise at one or more merchants in this State with the intent to return the merchandise for value or resell, trade or barter the merchandise for value.

 


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ê2013 Statutes of Nevada, Page 425 (Chapter 120, AB 102)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 205.08345 is hereby amended to read as follows:

      205.08345  1.  A person who participates in [an] organized retail theft [ring] is guilty of a category B felony and shall be punished by imprisonment in the state prison for:

      (a) If the aggregated value of the property or services involved in all thefts committed [by] in the organized retail theft [ring] in this State during a period of 90 days is at least $3,500 but less than $10,000, a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

      (b) If the aggregated value of the property or services involved in all thefts committed [by] in the organized retail theft [ring] in this State during a period of 90 days is $10,000 or more, a minimum term of not less than 2 years and a maximum term of not more than 15 years, and by a fine of not more than $20,000.

      2.  In addition to any other penalty, the court shall order a person who violates this section to pay restitution.

      3.  For the purposes of this section, in determining the aggregated value of the property or services involved in all thefts committed [by an] in the organized retail theft [ring] in this State during a period of 90 days:

      (a) The amount involved in a single theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which are obtained; and

      (b) The amounts involved in all thefts committed by all participants in the organized retail theft [ring] must be aggregated.

      4.  In any prosecution for a violation of this section, the violation shall be deemed to have been committed and may be prosecuted in any jurisdiction in this State in which any theft committed by any participant in [an] the organized retail theft [ring] was committed, regardless of whether the defendant was ever physically present in that jurisdiction.

      5.  As used in this section:

      (a) “Merchant” has the meaning ascribed to it in NRS 597.850.

      (b) “Organized retail theft ” [ring”] means [three or more persons who associate for the purpose of engaging in the conduct of] committing , either alone or with any other person or persons, a series of thefts of retail merchandise against [more than one merchant in this State or against one merchant but at more than one location of a retail business of the merchant] one or more merchants in this State [.] with the intent to:

             (1) Return the merchandise to the merchant for value; or

             (2) Resell, trade or barter the merchandise for value.

________

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 426ê

 

CHAPTER 121, AB 110

Assembly Bill No. 110–Assemblyman Ohrenschall

 

CHAPTER 121

 

[Approved: May 24, 2013]

 

AN ACT relating to crimes; providing that a dog may not be determined to be dangerous or vicious based solely on its breed; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law sets forth the circumstances under which a dog may be deemed dangerous or vicious and provides criminal penalties for a person who knowingly owns or keeps a vicious dog after notice that the dog is vicious or who knowingly transfers ownership of such a vicious dog. (NRS 202.500) This bill: (1) provides that a dog may not be determined to be dangerous or vicious based solely on the breed of the dog; and (2) prohibits a local authority from adopting or enforcing an ordinance or regulation that deems a dog dangerous or vicious based solely on the breed of the dog.

 

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 202.500 is hereby amended to read as follows:

      202.500  1.  [As used in] For the purposes of this section, a dog is:

      (a) “Dangerous” if:

             (1) It is so declared pursuant to subsection 2; or

             (2) Without provocation, on two separate occasions within 18 months, it [behaves] behaved menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm, when the dog [is:] was:

                   (I) Off the premises of its owner or keeper; or

                   (II) Not confined in a cage, pen or vehicle.

      (b) “Provoked” when it is tormented or subjected to pain.

      (c) “Vicious” if:

             (1) Without being provoked, it [kills or inflicts] killed or inflicted substantial bodily harm upon a human being; or

             (2) After its owner or keeper [has] had been notified by a law enforcement agency that [it] the dog is dangerous, [it continues] the dog continued the behavior described in paragraph (a).

      2.  A dog may be declared dangerous by a law enforcement agency if it is used in the commission of a crime by its owner or keeper.

      3.  A dog may not be found dangerous or vicious [because] :

      (a) Based solely on the breed of the dog; or

      (b) Because of a defensive act against a person who was committing or attempting to commit a crime or who provoked the dog.

      4.  A person who knowingly:

      (a) Owns or keeps a vicious dog, for more than 7 days after the person has actual notice that the dog is vicious; or

 


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ê2013 Statutes of Nevada, Page 427 (Chapter 121, AB 110)ê

 

      (b) Transfers ownership of a vicious dog after the person has actual notice that the dog is vicious,

Ê is guilty of a misdemeanor.

      5.  If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper is guilty of a category D felony and shall be punished as provided in NRS 193.130. In lieu of, or in addition to, a penalty provided in this subsection, the judge may order the vicious dog to be humanely destroyed.

      6.  A local authority shall not adopt or enforce an ordinance or regulation that deems a dog dangerous or vicious based solely on the breed of the dog.

      [6.]7.  This section does not apply to a dog used by a law enforcement officer in the performance of his or her duty.

      8.  As used in this section, “local authority” means the governing board of a county, city or other political subdivision having authority to enact laws or ordinances or promulgate regulations relating to dogs.

________

CHAPTER 122, AB 117

Assembly Bill No. 117–Assemblymen Sprinkle, Carrillo, Bobzien; Paul Anderson, Benitez-Thompson, Cohen, Daly, Eisen, Flores, Healey, Spiegel, Swank and Wheeler

 

Joint Sponsor: Senator Smith

 

CHAPTER 122

 

[Approved: May 24, 2013]

 

AN ACT relating to rules of the road; allowing a person driving a motorcycle, moped or trimobile or riding a bicycle or an electric bicycle to proceed through an intersection against a red traffic signal in certain circumstances; specifying that a violation resulting in an injury to another person creates a rebuttable presumption of all facts necessary to impose civil liability for the injury under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a person driving a motorcycle or moped upon a highway or riding a bicycle or an electric bicycle upon a roadway is subject to all the duties applicable to the driver of a motor vehicle, with certain exceptions. (NRS 484B.763, 486.331) Existing law makes it unlawful for any driver, including the driver of a trimobile, to disobey the instructions of any official traffic-control device under certain conditions. (NRS 484A.080, 484B.300) Existing law also prohibits vehicular traffic from proceeding into or through an intersection that is controlled by an official traffic-control device exhibiting different colored lights when the signal is red. (NRS 484B.307) Section 2 of this bill allows a person driving a motorcycle, moped or trimobile or riding a bicycle or an electric bicycle to proceed into an intersection against a red signal if: (1) the person stops as required by the signal and waits for a reasonable time; (2) the signal does not change because of a malfunction or the failure of the signal to detect the presence of the motorcycle, moped, trimobile, bicycle or electric bicycle; and (3) the person yields the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection. Section 2 also provides that, if the person commits certain violations while driving the motorcycle, moped or trimobile or riding the bicycle or electric bicycle which result in an injury to another person, the violations create a rebuttable presumption of all facts necessary to impose civil liability for the injury.

 


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ê2013 Statutes of Nevada, Page 428 (Chapter 122, AB 117)ê

 

also provides that, if the person commits certain violations while driving the motorcycle, moped or trimobile or riding the bicycle or electric bicycle which result in an injury to another person, the violations create a rebuttable presumption of all facts necessary to impose civil liability for the injury.

 

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 484B.300 is hereby amended to read as follows:

      484B.300  1.  [It] Except as otherwise provided in NRS 484B.307, it is unlawful for any driver to disobey the instructions of any official traffic-control device placed in accordance with the provisions of chapters 484A to 484E, inclusive, of NRS, unless at the time otherwise directed by a police officer.

      2.  No provision of chapters 484A to 484E, inclusive, of NRS for which such devices are required may be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular provision of chapters 484A to 484E, inclusive, of NRS does not state that such devices are required, the provision is effective even though no devices are erected or in place.

      3.  Whenever devices are placed in position approximately conforming to the requirements of chapters 484A to 484E, inclusive, of NRS, such devices are presumed to have been so placed by the official act or direction of a public authority, unless the contrary is established by competent evidence.

      4.  Any device placed pursuant to the provisions of chapters 484A to 484E, inclusive, of NRS and purporting to conform to the lawful requirements pertaining to such devices is presumed to comply with the requirements of chapters 484A to 484E, inclusive, of NRS unless the contrary is established by competent evidence.

      5.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484B.130.

      Sec. 2. NRS 484B.307 is hereby amended to read as follows:

      484B.307  1.  Whenever traffic is controlled by official traffic-control devices exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the manual and specifications adopted by the Department of Transportation, only the colors green, yellow and red may be used, except for special pedestrian-control devices carrying a word legend as provided in NRS 484B.283. The lights, arrows and combinations thereof indicate and apply to drivers of vehicles and pedestrians as provided in this section.

      2.  When the signal is circular green alone:

      (a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless another device at the place prohibits either or both such turns. Such vehicular traffic, including vehicles turning right or left, must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

 


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ê2013 Statutes of Nevada, Page 429 (Chapter 122, AB 117)ê

 

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484B.283.

      3.  Where the signal is circular green with a green turn arrow:

      (a) Vehicular traffic facing the signal may proceed to make the movement indicated by the green turn arrow or such other movement as is permitted by the circular green signal, but the traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection at the time the signal is exhibited. Drivers turning in the direction of the arrow when displayed with the circular green are thereby advised that so long as a turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) Pedestrians facing such a signal may proceed across the highway within any marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484B.283.

      4.  Where the signal is a green turn arrow alone:

      (a) Vehicular traffic facing the signal may proceed only in the direction indicated by the arrow signal so long as the arrow is illuminated, but the traffic must yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection.

      (b) Pedestrians facing such a signal shall not enter the highway until permitted to proceed by another device as provided in NRS 484B.283.

      5.  Where the signal is a green straight-through arrow alone:

      (a) Vehicular traffic facing the signal may proceed straight through, but must not turn right or left. Such vehicular traffic must yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

      (b) Pedestrians facing such a signal may proceed across the highway within the appropriate marked or unmarked crosswalk, unless directed otherwise by another device as provided in NRS 484B.283.

      6.  Where the signal is a steady yellow signal alone:

      (a) Vehicular traffic facing the signal is thereby warned that the related green movement is being terminated or that a steady red indication will be exhibited immediately thereafter, and such vehicular traffic must not enter the intersection when the red signal is exhibited.

      (b) Pedestrians facing such a signal, unless otherwise directed by another device as provided in NRS 484B.283, are thereby advised that there is insufficient time to cross the highway.

      7.  Where the signal is a steady red signal alone:

      (a) Vehicular traffic facing the signal must stop before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicates where the stop must be made, or in the absence of any such crosswalk, sign or marking, then before entering the intersection, and, except as otherwise provided in [paragraph (c),] paragraphs (c) and (d), must remain stopped or standing until the green signal is shown.

      (b) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484B.283.

      (c) After complying with the requirement to stop, vehicular traffic facing such a signal and situated on the extreme right of the highway may proceed into the intersection for a right turn only when the intersecting highway is two-directional or one-way to the right, or vehicular traffic facing such a signal and situated on the extreme left of a one-way highway may proceed into the intersection for a left turn only when the intersecting highway is one-way to the left, but must yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.

 


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ê2013 Statutes of Nevada, Page 430 (Chapter 122, AB 117)ê

 

into the intersection for a left turn only when the intersecting highway is one-way to the left, but must yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.

      (d) After complying with the requirement to stop, a person driving a motorcycle, moped or trimobile or riding a bicycle or an electric bicycle may proceed straight through or turn right or left if:

             (1) The person waits for two complete cycles of the lights or lighted arrows of the applicable official traffic-control device and the signal does not change because of a malfunction or because the signal failed to detect the presence of the motorcycle, moped, trimobile, bicycle or electric bicycle;

             (2) No other device at the place prohibits either or both such turns, if applicable; and

             (3) The person yields the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection.

      (e) Vehicular traffic facing the signal may not proceed on or through any private or public property to enter the intersecting street where traffic is not facing a red signal to avoid the red signal.

      8.  Where the signal is a steady red with a green turn arrow:

      (a) [Vehicular] Except as otherwise provided in paragraph (b), vehicular traffic facing the signal may enter the intersection only to make the movement indicated by the green turn arrow, but must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Drivers turning in the direction of the arrow are thereby advised that so long as the turn arrow is illuminated, oncoming or opposing traffic simultaneously faces a steady red signal.

      (b) A person driving a motorcycle, moped or trimobile or riding a bicycle or an electric bicycle facing the signal may proceed straight through or turn in the direction opposite that indicated by the green turn arrow if:

             (1) The person stops before entering the crosswalk on the nearest side of the intersection where the sign or pavement marking indicates where the stop must be made or, in the absence of any such crosswalk, sign or marking, before entering the intersection;

             (2) The person waits for two complete cycles of the lights or lighted arrows of the applicable official traffic-control device and the signal does not change because of a malfunction or because the signal failed to detect the presence of the motorcycle, moped, trimobile, bicycle or electric bicycle;

             (3) No other device at the place prohibits the turn, if applicable; and

             (4) The person yields the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

      (c) Pedestrians facing such a signal shall not enter the highway, unless permitted to proceed by another device as provided in NRS 484B.283.

      9.  If a person violates paragraph (d) of subsection 7 or paragraph (b) of subsection 8 and that violation results in an injury to another person, the violation creates a rebuttable presumption of all facts necessary to impose civil liability for the injury.

      10.  If a signal is erected and maintained at a place other than an intersection, the provisions of this section are applicable except as to those provisions which by their nature can have no application.

 


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ê2013 Statutes of Nevada, Page 431 (Chapter 122, AB 117)ê

 

provisions which by their nature can have no application. Any stop required must be made at a sign or pavement marking indicating where the stop must be made, but in the absence of any such device the stop must be made at the signal.

      [10.]11.  Whenever signals are placed over the individual lanes of a highway, the signals indicate, and apply to drivers of vehicles, as follows:

      (a) A downward-pointing green arrow means that a driver facing the signal may drive in any lane over which the green signal is shown.

      (b) A red “X” symbol means a driver facing the signal must not enter or drive in any lane over which the red signal is shown.

      [11.]12.  A local authority shall not adopt an ordinance or regulation or take any other action that prohibits vehicular traffic from crossing an intersection when:

      (a) The red signal is exhibited; and

      (b) The vehicular traffic in question had already completely entered the intersection before the red signal was exhibited. For the purposes of this paragraph, a vehicle shall be considered to have “completely entered” an intersection when all portions of the vehicle have crossed the limit line or other point of demarcation behind which vehicular traffic must stop when a red signal is displayed.

________

CHAPTER 123, AB 120

Assembly Bill No. 120–Assemblyman Aizley

 

CHAPTER 123

 

[Approved: May 24, 2013]

 

AN ACT relating to insurance; requiring the Division of Insurance of the Department of Business and Industry to post certain information on its Internet website; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Subject to certain limitations, an insurer is allowed to use an insurance score, defined as a number or rating that is derived from an algorithm, computer application, model or other process that is based in whole or in part on credit information, when determining an insurance premium. (NRS 686A.660, 686A.680) If an insurer uses credit information in underwriting or rating an applicant, the insurer is required to provide written disclosure that the insurer may obtain credit information in connection with an application. (NRS 686A.700) If an insurer takes adverse action based on credit information, the insurer is required to provide to the applicant or policyholder a detailed explanation of the reasons for the adverse action. (NRS 686A.710) This bill: (1) requires the Division of Insurance of the Department of Business and Industry to post on its Internet website a list of each authorized insurer that does not use an insurance score when underwriting, rating an applicant for or calculating the premium for a policy of insurance for a passenger car or homeowner’s insurance; and (2) authorizes the Division to post certain information relating to the use of insurance scores on its Internet website.

 


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ê2013 Statutes of Nevada, Page 432 (Chapter 123, AB 120)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 686A.700 is hereby amended to read as follows:

      686A.700  1.  If an insurer uses credit information in underwriting or rating an applicant, the insurer or its agent shall disclose, either on the application for the policy or at the time the application is taken, that the insurer may obtain credit information in connection with the application. The disclosure must be written or provided to an applicant in the same medium as the application. The insurer need not provide the disclosure required pursuant to this [section] subsection to a policyholder upon renewal of a policy if the policyholder was previously provided the disclosure in connection with the policy.

      [2.]  An insurer may comply with the requirements of this [section] subsection by providing the following statement:

 

In connection with this application for insurance, we may review your credit report or obtain or use a credit-based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score.

 

      2.  The Division shall post on its Internet website a list of each insurer that does not use an insurance score when underwriting, rating an applicant for or calculating the premium for a policy of insurance for a passenger car or homeowner’s insurance and shall update this list on July 1 of each year.

      3.  The Division may post on its Internet website, without limitation:

      (a) General information concerning the use of an insurance score in underwriting, rating an applicant for or calculating the premium for a policy of insurance; and

      (b) Applicable laws governing the manner in which an insurance score may be used.

      4.  As used in this section, “passenger car” has the meaning ascribed to it in NRS 482.087.

________

 

 

 

 

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 433ê

 

CHAPTER 124, AB 128

Assembly Bill No. 128–Assemblywoman Bustamante Adams

 

CHAPTER 124

 

[Approved: May 24, 2013]

 

AN ACT relating to watercraft; exempting a person from the payment of a fee for the management of an aquatic invasive species under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a person may not operate a vessel on the waters of this State without paying to the Department of Wildlife an aquatic invasive species fee and displaying on the vessel a decal issued by the Department as evidence of payment. (NRS 488.536) This bill exempts a person from the requirement to pay the fee and display the decal on the vessel if the person operates the vessel on the waters of: (1) the Colorado River, Lake Mead or Lake Mohave and, as determined by the Department, the vessel is registered in Arizona and Arizona has a program in effect for the management of aquatic invasive species; or (2) Lake Tahoe or Topaz Lake and, as determined by the Department, the vessel is registered in California and California has a program in effect for the management of aquatic invasive species.

 

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 488.536 is hereby amended to read as follows:

      488.536  1.  [A] Except as otherwise provided in subsection 6, 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;

      (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.

 


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ê2013 Statutes of Nevada, Page 434 (Chapter 124, AB 128)ê

 

The fee must be deposited in the Wildlife Fund Account in the State General Fund and used by the Department for enforcement of this section, NRS 488.530, 488.533 and 503.597 and for education about and management of aquatic invasive species.

      6.  The provisions of this section do not apply to a person who operates a vessel on the waters of:

      (a) The Colorado River, Lake Mead or Lake Mohave if, as determined by the Department, the vessel is registered in Arizona and Arizona has a program in effect for the management of aquatic invasive species; or

      (b) Lake Tahoe or Topaz Lake if, as determined by the Department, the vessel is registered in California and California has a program in effect for the management of aquatic invasive species.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 125, AB 132

Assembly Bill No. 132–Assemblymen Carrillo, Eisen, Diaz; Cohen, Dondero Loop, Martin and Wheeler

 

CHAPTER 125

 

[Approved: May 24, 2013]

 

AN ACT relating to personal care services; providing immunity from civil liability to persons employed by an agency to provide personal care services in the home in certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing laws provide immunity from certain tort liability to governmental entities and persons under various circumstances. (Chapter 41 of NRS) This bill provides immunity from civil liability for the rendering of emergency care or assistance to an elderly person or a person with a disability by a person employed by an agency to provide personal care services in the home if that person: (1) has completed certain courses or training in cardiopulmonary resuscitation or first aid; (2) rendered the care or assistance in the course of his or her regular employment or profession; and (3) rendered the care or assistance in good faith and in accordance with his or her training.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any person who is employed by an agency to provide personal care services in the home who:

      1.  Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

 


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ê2013 Statutes of Nevada, Page 435 (Chapter 125, AB 132)ê

 

      2.  Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

      3.  Has successfully completed the training requirements of a course in the use and administration of first aid, including cardiopulmonary resuscitation,

Ê and who in good faith renders emergency care or assistance in accordance with the person’s training, in the course of his or her regular employment or profession, to an elderly person or a person with a disability, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

CHAPTER 126, AB 144

Assembly Bill No. 144–Assemblymen Carrillo and Ohrenschall

 

CHAPTER 126

 

[Approved: May 24, 2013]

 

AN ACT relating to anatomical gifts; providing that an anatomical gift made by an unemancipated minor who is at least 16 years of age and possesses a driver’s license or identification card cannot be revoked or amended by the minor’s parent or guardian under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, an unemancipated minor may make an anatomical gift of his or her body or part thereof if he or she is authorized under state law to apply for a driver’s license because he or she is at least 16 years of age. (NRS 451.556, 451.558) However, existing law also provides that if a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s (minor’s) body or part. (NRS 451.562)

      This bill creates an exception such that if a donor who is an unemancipated minor dies and at the time of his or her death the donor was at least 16 years of age and held a valid driver’s license or identification card, a parent or guardian of the donor is prohibited from revoking or amending an anatomical gift of the donor’s (minor’s) body or part if the donor and a parent or guardian have both executed a form authorizing the anatomical gift.

 

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 451.558 is hereby amended to read as follows:

      451.558  1.  A donor may make an anatomical gift:

      (a) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card;

 


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ê2013 Statutes of Nevada, Page 436 (Chapter 126, AB 144)ê

 

      (b) In a will;

      (c) During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness; or

      (d) As provided in subsection 2.

      2.  A donor or other person authorized to make an anatomical gift under NRS 451.556 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another natural person at the direction of the donor or other person and must:

      (a) Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

      (b) State that it has been signed and witnessed as provided in paragraph (a).

      3.  An anatomical gift made in the manner described in paragraph (a) of subsection 1 by a donor who is at least 16 years of age but less than 18 years of age is valid and may not be revoked by a parent or guardian if the donor and his or her parent or guardian sign a form prescribed by the Department of Motor Vehicles which indicates that unless the anatomical gift is amended or revoked by the donor before his or her death, the anatomical gift may not be amended or revoked by the parent or guardian of the donor.

      4.  Revocation, suspension, expiration or cancellation of a driver’s license or identification card upon which an anatomical gift is indicated does not invalidate the gift.

      [4.]5.  An anatomical gift made by will takes effect upon the donor’s death whether or not the will is probated. Invalidation of the will after the donor’s death does not invalidate the gift.

      Sec. 2. NRS 451.562 is hereby amended to read as follows:

      451.562  1.  [Except as otherwise provided in subsection 7 and subject] Subject to [subsection] the provisions of subsections 6 [,] and 7, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift of a donor’s body or part if the donor made an anatomical gift of the donor’s body or part under NRS 451.558 or an amendment to an anatomical gift of the donor’s body or part under NRS 451.559.

      2.  A donor’s revocation of an anatomical gift of the donor’s body or part under NRS 451.559 is not a refusal and does not bar another person specified in NRS 451.556 or 451.566 from making an anatomical gift of the donor’s body or part under NRS 451.558 or 451.568.

      3.  If a person other than the donor makes an unrevoked anatomical gift of the donor’s body or part under NRS 451.558 or an amendment to an anatomical gift of the donor’s body or part under NRS 451.559, another person may not make, amend or revoke the gift of the donor’s body or part under NRS 451.568.

      4.  A revocation of an anatomical gift of a donor’s body or part under NRS 451.559 by a person other than the donor does not bar another person from making an anatomical gift of the body or part under NRS 451.558 or 451.568.

 


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ê2013 Statutes of Nevada, Page 437 (Chapter 126, AB 144)ê

 

      5.  In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under NRS 451.556, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

      6.  In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under NRS 451.556, an anatomical gift of a part for one or more of the purposes set forth in NRS 451.556 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under NRS 451.558 or 451.568.

      7.  [If] Except as otherwise provided in NRS 451.558, if a donor who is an unemancipated minor dies, a parent or guardian of the donor who is reasonably available may revoke or amend an anatomical gift of the donor’s body or part.

      8.  If an unemancipated minor who signed a refusal dies, a parent or guardian of the minor who is reasonably available may revoke the minor’s refusal.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

CHAPTER 127, AB 154

Assembly Bill No. 154–Assemblymen Eisen, Frierson; Benitez-Thompson, Carrillo, Dondero Loop, Flores and Healey

 

Joint Sponsors: Senators Jones and Hardy

 

CHAPTER 127

 

[Approved: May 24, 2013]

 

AN ACT relating to the protection of children; authorizing a multidisciplinary team to review the death of a child to use data collected concerning the death of a child for research and prevention purposes in certain circumstances; consolidating the administrative teams that review the report and recommendations of a multidisciplinary team appointed to review the death of a child and the Executive Committee to Review the Death of Children; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the director or other authorized representative of an agency which provides child welfare services and the Executive Committee to Review the Death of Children are authorized to appoint a multidisciplinary team to review certain records concerning the death of a child. (NRS 432B.403-432B.407, 432B.409) Section 1 of this bill authorizes a multidisciplinary team to review the death of a child to use data collected concerning the death of a child for research and prevention purposes if the data is aggregated and does not allow for the identification of any person.

      An administrative team consisting of administrators of agencies which provide child welfare services, and agencies responsible for vital statistics, public health, mental health and public safety is required to review the report and recommendations of a multidisciplinary team. (NRS 432B.408) Section 2 of this bill consolidates the administrative team into the Executive Committee and requires the Executive Committee to review the report and recommendations of a multidisciplinary team.

 


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ê2013 Statutes of Nevada, Page 438 (Chapter 127, AB 154)ê

 

administrative team into the Executive Committee and requires the Executive Committee to review the report and recommendations of a multidisciplinary team. Section 3 of this bill provides that certain members of the Executive Committee who are administrators of agencies which provide child welfare services, and agencies responsible for mental health and public safety, must serve as nonvoting members of the Executive Committee.

 

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 432B.407 is hereby amended to read as follows:

      432B.407  1.  A multidisciplinary team to review the death of a child is entitled to access to:

      (a) All investigative information of law enforcement agencies regarding the death;

      (b) Any autopsy and coroner’s investigative records relating to the death;

      (c) Any medical or mental health records of the child; and

      (d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the child or the child’s family.

      2.  Each organization represented on a multidisciplinary team to review the death of a child shall share with other members of the team information in its possession concerning the child who is the subject of the review, any siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.

      3.  A multidisciplinary team to review the death of a child may, if appropriate, meet and share information with a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or 228.495.

      4.  A multidisciplinary team to review the death of a child may petition the district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the cause of any death being investigated by the team. Except as otherwise provided in NRS 239.0115, any books, records or papers received by the team pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.

      5.  A multidisciplinary team to review the death of a child may use data collected concerning the death of a child for the purpose of research or to prevent future deaths of children if the data is aggregated and does not allow for the identification of any person.

      6.  Except as otherwise provided in this section, information acquired by, and the records of, a multidisciplinary team to review the death of a child are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.

      Sec. 2. NRS 432B.408 is hereby amended to read as follows:

      432B.408  1.  The report and recommendations of a multidisciplinary team to review the death of a child must be transmitted [to an administrative team] for review [.

 


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      2.  An administrative team must consist of administrators of agencies which provide child welfare services, and agencies responsible for vital statistics, public health, mental health and public safety.

      3.]to the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409.

      2.  The [administrative team] Executive Committee shall review the report and recommendations and respond in writing to the multidisciplinary team within 90 days after receiving the report.

      Sec. 3. NRS 432B.409 is hereby amended to read as follows:

      432B.409  1.  The Administrator of the Division of Child and Family Services shall establish an Executive Committee to Review the Death of Children, consisting of [representatives] :

      (a) Representatives from multidisciplinary teams formed pursuant to paragraph (a) of subsection 1 of NRS 432B.405 and NRS 432B.406, vital statistics, law enforcement, public health and the Office of the Attorney General.

      [2.](b) Administrators of agencies which provide child welfare services, and agencies responsible for mental health and public safety, to the extent that such administrators are not already appointed pursuant to paragraph (a). Members of the Executive Committee who are appointed pursuant to this paragraph shall serve as nonvoting members.

      2. The Executive Committee shall:

      (a) Adopt statewide protocols for the review of the death of a child;

      (b) Adopt regulations to carry out the provisions of NRS 432B.403 to 432B.4095, inclusive;

      (c) Adopt bylaws to govern the management and operation of the Executive Committee;

      (d) Appoint one or more multidisciplinary teams to review the death of a child from the names submitted to the Executive Committee pursuant to paragraph (b) of subsection 1 of NRS 432B.405;

      (e) Oversee training and development of multidisciplinary teams to review the death of children; [and]

      (f) Compile and distribute a statewide annual report, including statistics and recommendations for regulatory and policy changes [.

      3.]; and

      (g) Carry out the duties specified in NRS 432B.408.

      3.  The Review of Death of Children Account is hereby created in the State General Fund. The Executive Committee may use money in the Account to carry out the provisions of NRS 432B.403 to 432B.4095, inclusive.

      Sec. 4. NRS 432B.4095 is hereby amended to read as follows:

      432B.4095  1.  Each member of a multidisciplinary team organized pursuant to NRS 432B.405, a multidisciplinary team organized pursuant to NRS 432B.4075 [, an administrative team organized pursuant to NRS 432B.408] or the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

      2.  The Administrator of the Division of Child and Family Services:

 

 


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ê2013 Statutes of Nevada, Page 440 (Chapter 127, AB 154)ê

 

      (a) May bring an action to recover a civil penalty imposed pursuant to subsection 1 against a member of a multidisciplinary team organized pursuant to NRS 432B.4075 [, an administrative team] or the Executive Committee; and

      (b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

      3.  Each director or other authorized representative of an agency which provides child welfare services that organized a multidisciplinary team pursuant to NRS 432B.405:

      (a) May bring an action to recover a civil penalty pursuant to subsection 1 against a member of the multidisciplinary team; and

      (b) Shall deposit any money received from the civil penalty in the appropriate county treasury.

      Sec. 5.  As soon as practicable after July 1, 2013, the Administrator of the Division of Child and Family Services of the Department of Health and Human Services shall appoint to the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 the additional members of the Executive Committee required by paragraph (b) of subsection 1 of NRS 432B.409, as amended by section 3 of this act.

      Sec. 6.  This act becomes effective on July 1, 2013.

________

CHAPTER 128, AB 158

Assembly Bill No. 158–Assemblywoman Diaz

 

CHAPTER 128

 

[Approved: May 24, 2013]

 

AN ACT relating to public health; renaming the Advisory Council on the State Program for Fitness and Wellness as the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease; expanding the membership of the Advisory Council; revising the duties of the Advisory Council and the Health Division of the Department of Health and Human Services; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Health Division of the Department of Health and Human Services is required to establish, within the limits of available money, the State Program for Fitness and Wellness and the Advisory Council on the State Program for Fitness and Wellness. The purpose of the Advisory Council is to advise and make recommendations to the Health Division concerning the Program. (NRS 439.517, 439.518) Section 3 of this bill changes the name of the Program to the State Program for Wellness and the Prevention of Chronic Disease, and section 4 of this bill makes the corresponding change to the name of the Advisory Council. Section 4 also increases the membership of the Advisory Council by adding two additional representatives of organizations committed to the prevention and treatment of chronic diseases, one representative of a local health authority and one representative of the Nevada System of Higher Education. (NRS 439.518) Section 5 of this bill limits the service of the members of the Advisory Council to not more than two additional, consecutive terms of 2 years each. (NRS 439.519) Section 6 of this bill revises the duties of the Health Division in various ways, including requiring the Health Division, with the advice and recommendations of the Advisory Council, to prepare burden reports that quantify the impact of certain health problems and chronic diseases on Nevada. (NRS 439.521)

 


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ê2013 Statutes of Nevada, Page 441 (Chapter 128, AB 158)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 439.515 is hereby amended to read as follows:

      439.515  “Advisory Council” means the Advisory Council on the State Program for [Fitness and] Wellness [.] and the Prevention of Chronic Disease.

      Sec. 2. NRS 439.516 is hereby amended to read as follows:

      439.516  “Program” means the State Program for [Fitness and] Wellness [.] and the Prevention of Chronic Disease.

      Sec. 3. NRS 439.517 is hereby amended to read as follows:

      439.517  Within the limits of available money, the Health Division shall establish the State Program for [Fitness and] Wellness and the Prevention of Chronic Disease to increase public knowledge and raise public awareness relating to [physical fitness and] wellness and chronic diseases and to educate the residents of this State [on matters relating to physical fitness and wellness, including, without limitation:] about:

      1.  [Programs for physical fitness;

      2.  Nutrition; and

      3.]  Wellness, including, without limitation, behavioral health, proper nutrition, maintaining oral health, increasing physical fitness, preventing obesity and tobacco use; and

      2.  The prevention of [obesity,] chronic diseases [and other diseases.] , including, without limitation, asthma, cancer, diabetes, cardiovascular disease and oral disease.

      Sec. 4. NRS 439.518 is hereby amended to read as follows:

      439.518  1.  Within the limits of available money, the Health Division shall establish the Advisory Council on the State Program for [Fitness and] Wellness and the Prevention of Chronic Disease to advise and make recommendations to the Health Division concerning the Program.

      2.  The Administrator shall appoint to the Advisory Council the following [nine] 13 voting members:

      (a) The State Health Officer or the designee of the State Health Officer;

      (b) The Superintendent of Public Instruction or the designee of the Superintendent;

      (c) One representative of the health insurance industry;

      (d) One provider of health care;

      (e) One representative of the Nevada Association for Health, Physical Education, Recreation and Dance or its successor organization;

      (f) [One representative] Three representatives of [an organization] organizations committed to the prevention and treatment of chronic diseases;

      (g) One registered dietitian;

      (h) One representative who is a member of a racial or ethnic minority group appointed from a list of persons submitted to the Administrator by the Advisory Committee of the Office of Minority Health within the Office for Consumer Health Assistance of the Department; [and]

      (i) One representative of private employers in this State who has experience in matters relating to employment and human resources [.] ;

      (j) One representative of a local health authority; and

 


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ê2013 Statutes of Nevada, Page 442 (Chapter 128, AB 158)ê

 

      (k) One representative of the Nevada System of Higher Education from a list of persons submitted to the Administrator by the Board of Regents of the University of Nevada.

      3.  The Legislative Commission shall appoint to the Advisory Council the following two voting members:

      (a) One member of the Senate; and

      (b) One member of the Assembly.

      4.  A majority of the voting members of the Advisory Council may appoint nonvoting members to the Advisory Council.

      Sec. 5. NRS 439.519 is hereby amended to read as follows:

      439.519  1.  The members of the Advisory Council serve terms of 2 years. A member may be reappointed [.] to serve not more than two additional, consecutive terms.

      2.  A majority of the voting members of the Advisory Council shall select a Chair and a Vice Chair of the Advisory Council.

      3.  A majority of the voting members of the Advisory Council may:

      (a) Appoint committees or subcommittees to study issues relating to [physical fitness and] wellness [.] and the prevention of chronic disease.

      (b) Remove a nonlegislative member of the Advisory Council for failing to carry out the business of, or serve the best interests of, the Advisory Council.

      4.  The Health Division shall, within the limits of available money, provide the necessary professional staff and a secretary for the Advisory Council.

      5.  A majority of the voting members of the Advisory Council constitutes a quorum to transact all business, and a majority of those voting members present, physically or via telecommunications, must concur in any decision.

      6.  The Advisory Council shall, within the limits of available money, meet at the call of the Administrator, the Chair or a majority of the voting members of the Advisory Council quarterly or as is necessary.

      7.  The members of the Advisory Council serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Council and within the limits of available money, to the per diem allowance and travel expenses provided for state officers and employees generally.

      Sec. 6. NRS 439.521 is hereby amended to read as follows:

      439.521  To carry out the provisions of NRS 439.514 to 439.525, inclusive, the Health Division shall, within the limits of available money, and with the advice and recommendations of the Advisory Council:

      1.  [Establish a solid scientific database of the most current information on] Periodically prepare burden reports concerning health problems and diseases, including, without limitation, a lack of physical fitness, poor nutrition [and the prevention of] , tobacco use and exposure to tobacco smoke, obesity, chronic diseases and other diseases, as determined by the Health Division, using the most recent information obtained through surveillance, epidemiology and research . [, and use the database in carrying out the Program.] As used in this subsection, “burden report” means a calculation of the impact of a particular health problem or chronic disease on this State, as measured by financial cost, mortality, morbidity or other indicators specified by the Health Division.

 


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ê2013 Statutes of Nevada, Page 443 (Chapter 128, AB 158)ê

 

      2.  Identify , [and] review [,] and encourage, in coordination with the Department of Education, the Nevada System of Higher Education and other appropriate state agencies, existing evidence-based programs related to nutrition , [and] physical fitness [,] and tobacco prevention and cessation, including, without limitation, programs of state and local governments, educational institutions, businesses and the general public.

      3.  [Encourage local community efforts to increase opportunities for physical fitness.

      4.]  Develop , promote and coordinate [a] recommendations for model [program for proper] and evidence-based programs that contribute to reductions in the incidence of chronic disease in this State. The programs should encourage:

      (a) Proper nutrition, physical fitness and health [for implementation by state employees and agencies.

      5.  Develop and coordinate, in cooperation with the Department of Education, recommendations for model programs to encourage proper nutrition, physical fitness and health in the schools of this State, including, without limitation, physical fitness testing which can be administered through the schools.

      6.  Develop and coordinate recommendations for model programs that would encourage proper nutrition, physical fitness and health] among the residents of this State, including, without limitation, parents and children, senior citizens , high-risk populations and persons with special needs [.

      7.]; and

      (b) Work-site wellness policies that include, without limitation, tobacco-free and breast feeding-friendly environments, healthy food and beverage choices and physical activity opportunities in schools, businesses and public buildings.

      4.  Assist on projects within this State as requested by, and in coordination with, the President’s Council on [Physical] Fitness , [and] Sports [.

      8.]and Nutrition.

      5.  Identify and review methods for reducing health care costs associated with tobacco use and exposure to tobacco smoke, obesity, chronic diseases and other diseases [.

      9.  Identify and review methods for increasing the effectiveness and efficiency of the workforce of this State.

      10.], as determined by the Health Division.

      6.  Maintain a website to provide information and resources on nutrition, physical fitness, health, wellness and the prevention of obesity and chronic diseases.

      [11.  Provide educational materials and information on research concerning matters relating to physical fitness, wellness, and the prevention of obesity, chronic diseases and other diseases, including, without limitation, materials and information concerning programs and services available to the public and strategies for achieving and maintaining physical fitness and preventing obesity, chronic diseases and other diseases.

      12.]7.  Solicit information from and, to the extent feasible, coordinate its efforts with:

      (a) Other governmental agencies;

      (b) National health organizations and their local and state chapters;

      (c) Community and business leaders;

 


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ê2013 Statutes of Nevada, Page 444 (Chapter 128, AB 158)ê

 

      (d) Community organizations;

      (e) Providers of health care;

      (f) Private schools; and

      (g) Other persons who provide services relating to tobacco use and exposure, physical fitness and wellness and the prevention of obesity, chronic diseases and other diseases.

      8.  Establish, maintain and enhance statewide chronic disease surveillance systems.

      9.  Translate surveillance, evaluation and research information into press releases, briefs, community education and advocacy materials and other publications that highlight chronic diseases and the key risk factors of those diseases.

      10.  Identify, assist and encourage the growth of, through funding, training, resources and other support, the community’s capacity to assist persons who have a chronic disease.

      11.  Encourage relevant community organizations to effectively recruit key population groups to receive clinical preventative services, including, without limitation:

      (a) Screening and early detection of breast, cervical and colorectal cancer, diabetes, high blood pressure and obesity;

      (b) Oral screenings; and

      (c) Tobacco cessation counseling.

      12.  Promote positive policy, system and environmental changes within communities and the health care system based on, without limitation, the Chronic Care Model developed by the MacColl Center for Health Care Innovation and the Patient-Centered Medical Home Recognition Program of the National Committee for Quality Assurance.

      13.  Review and revise the Program as needed.

      Sec. 7. NRS 439.522 is hereby amended to read as follows:

      439.522  The Health Division may, within the limits of available money, hold public hearings at such times and places as it determines necessary to provide the general public and representatives of governmental agencies and organizations interested in the Program or issues affecting [physical fitness and] wellness and the prevention of chronic disease an opportunity to present relevant information and recommendations.

      Sec. 8.  Notwithstanding the provisions of subsection 1 of NRS 439.519, as amended by section 5 of this act:

      1.  The term of the member of the Advisory Council on the State Program for Fitness and Wellness appointed pursuant to paragraph (f) of subsection 2 of NRS 439.518 before July 1, 2013, expires on that date.

      2.  As soon as practicable after July 1, 2013, the Administrator of the Health Division of the Department of Health and Human Resources shall appoint to the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease:

      (a) Two members pursuant to paragraph (f) of subsection 2 of NRS 439.518, as amended by section 4 of this act, to initial terms of 4 years;

      (b) One member pursuant to paragraph (f) of subsection 2 of NRS 439.518, as amended by section 4 of this act, to an initial term of 2 years;

      (c) One member pursuant to paragraph (j) of subsection 2 of NRS 439.518, as amended by section 4 of this act, to an initial term of 2 years; and

 


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ê2013 Statutes of Nevada, Page 445 (Chapter 128, AB 158)ê

 

      (d) One member pursuant to paragraph (k) of subsection 2 of NRS 439.518, as amended by section 4 of this act, to an initial term of 4 years.

      Sec. 9.  This act becomes effective on July 1, 2013.

________

CHAPTER 129, AB 168

Assembly Bill No. 168–Assemblywoman Carlton

 

CHAPTER 129

 

[Approved: May 24, 2013]

 

AN ACT relating to wildlife; requiring the membership of each county advisory board to manage wildlife to include one qualified member who represents the interests of the general public; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes a county advisory board to manage wildlife in each county in the State of Nevada. (NRS 501.260) The boards are required to solicit and evaluate local opinion and advise the Board of Wildlife Commissioners on matters relating to the management of wildlife within their respective counties, including recommendations for setting seasons for fishing, hunting and trapping, bag limits and hours. (NRS 501.297, 501.303) The board of county commissioners of each county is required to appoint the members of the county advisory board to manage wildlife for the county. Each person appointed to a county advisory board is required to: (1) be a hunter, trapper, angler or a person engaged in ranching or farming; and (2) reside in the county in which the board sits. (NRS 501.265, 501.270) This bill requires each board of county commissioners to appoint one person who represents the interests of the general public to occupy one position on the county advisory board to manage wildlife in that county. This bill also requires the board of county commissioners, when filling a vacancy in the membership of a hunter, trapper, angler, rancher or farmer, to consider the recommendations of persons who are engaged in ranching or farming in the county.

 

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 501.265 is hereby amended to read as follows:

      501.265  1.  The board of county commissioners shall appoint qualified persons to the board who are residents of the county and are:

      (a) Hunters, trappers or anglers; or

      (b) Engaged in ranching or farming in the county.

      2.  In addition to the members appointed pursuant to subsection 1, the board of county commissioners shall appoint one qualified person to the board who represents the interests of the general public of the county. The person appointed pursuant to this subsection must be a resident of the county from which he or she is appointed.

      3.  Within 60 days after a vacancy occurs, the board of county commissioners shall , if the vacant member was appointed:

      (a) Pursuant to subsection 1, appoint a member to the board upon the recommendation of [the organized] :

 


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ê2013 Statutes of Nevada, Page 446 (Chapter 129, AB 168)ê

 

             (1) Organizations that represent hunters, trappers or anglers [and residents of] in the county [.

      3.] ; and

             (2) Persons who are engaged in ranching or farming in the county.

      (b) Pursuant to subsection 2, appoint a member to the board pursuant to the provisions of that subsection.

      4.  Within 90 days after a vacancy occurs, the board of county commissioners shall report to the Commission the name and address of each member appointed.

      Sec. 2.  1.  As soon as practicable after the first vacancy in the membership of a county advisory board to manage wildlife occurs on or after July 1, 2013, the board of county commissioners which appoints the members of that county advisory board to manage wildlife shall appoint one member who is qualified to represent the interests of the general public pursuant to subsection 2 of NRS 501.265, as amended by section 1 of this act.

      2.  Upon appointing the member of the county advisory board to manage wildlife pursuant to subsection 1, the board of county commissioners shall submit the name and address of the appointed member to the Board of Wildlife Commissioners.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

CHAPTER 130, AB 174

Assembly Bill No. 174–Committee on Judiciary

 

CHAPTER 130

 

[Approved: May 24, 2013]

 

AN ACT relating to the protection of children; revising provisions governing the procedure following a hearing to determine whether a child should remain in protective custody pending further action by the court; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires an agency which provides child welfare services that has taken a child into protective custody: (1) to file a petition alleging that the child is in need of protection within 10 days after the hearing on protective custody, if the death of the parent of the child is or may be the result of an act of the other parent that constitutes domestic violence; or (2) in all other cases, to file a petition alleging that the child is in need of protection within 10 days after the hearing on protective custody, unless good cause exists to extend that time, or recommend against further action. (NRS 432B.490) This bill provides that in cases which do not involve the death of the parent of a child as a result of an act of the other parent that constitutes domestic violence, if the agency which provides child welfare services fails to file a petition alleging that the child is in need of protection within 10 days after the hearing on protective custody: (1) the agency may recommend against further action and return the child to the custody of the person responsible for the welfare of the child; or (2) any party to the proceeding may schedule an additional hearing with the court to determine whether it is in the best interests of the child to return the child to the person responsible for the welfare of the child pending further action by the court. This bill further provides for notice of the hearing to a parent or other person responsible for the welfare of the child.

 


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ê2013 Statutes of Nevada, Page 447 (Chapter 130, AB 174)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 432B.490 is hereby amended to read as follows:

      432B.490  1.  An agency which provides child welfare services:

      (a) In cases where the death of a parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, shall within 10 days after the hearing on protective custody initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510;

      (b) In [other] cases where a [hearing on] court issues an order keeping the child in protective custody [is held,] pursuant to paragraph (b) of subsection 1 of NRS 432B.480, shall within 10 days after the hearing on protective custody, unless good cause exists, initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 or recommend against any further action in court; or

      (c) [If a child is not placed in protective custody, may, after] In cases where an investigation is made under NRS 432B.010 to 432B.400, inclusive, and a determination is made that the child is in need of protection but is not in imminent danger, may file a petition which meets the requirements set forth in NRS 432B.510.

      2.  If the agency recommends against further action, the court may, on its own motion, initiate proceedings when it finds that it is in the best interests of the child.

      3.  If a child has been placed in protective custody and if further action in court is taken, an agency which provides child welfare services shall make recommendations to the court concerning whether the child should be returned to the person responsible for the welfare of the child pending further action in court.

      4.  If, in a case described in paragraph (b) of subsection 1, an agency which provides child welfare services fails to initiate a proceeding in court by filing a petition which meets the requirements set forth in NRS 432B.510 within 10 days after the hearing on protective custody:

      (a) The agency may recommend against further action and return the child to the custody of the person responsible for the welfare of the child; or

      (b) Any party to the proceeding may schedule an additional hearing with the court which must take place before the next scheduled court date to determine whether the child should be returned to the person responsible for the welfare of the child pending further action by the court.

      5.  Except as otherwise provided in this subsection, notice of the time and place of a hearing scheduled pursuant to paragraph (b) of subsection 4 must be given to a parent or other person responsible for the welfare of the child:

      (a) By personal service of a written notice;

      (b) Orally; or

      (c) If the parent or other person responsible for the welfare of the child cannot be located after a reasonable effort, by posting a written notice on the door of the residence of the parent or other person.

 


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ê2013 Statutes of Nevada, Page 448 (Chapter 130, AB 174)ê

 

Ê If the child was delivered to a provider of emergency services pursuant to the provisions of NRS 432B.630 and the location of the parent is unknown, the parent shall be deemed to have waived any notice of any hearing conducted pursuant to this section.

      6.  If notice of a hearing scheduled pursuant to paragraph (b) of subsection 4 is given by means of paragraph (b) or (c) of subsection 5, a copy of the notice must be mailed to the parent or other person responsible for the welfare of the child at his or her last known address within 24 hours after the petition is filed.

      7.  The court shall hold a hearing scheduled pursuant to paragraph (b) of subsection 4 to decide whether there remains reasonable cause to believe that it would be:

      (a) Contrary to the welfare of the child for the child to reside at his or her home; or

      (b) In the best interests of the child to keep the child outside of his or her home.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 131, AB 183

Assembly Bill No. 183–Assemblymen Duncan, Paul Anderson, Sprinkle, Hickey; Aizley, Cohen, Ellison, Fiore, Flores, Grady, Hambrick, Hansen, Hardy, Kirner, Livermore, Martin, Munford, Ohrenschall, Oscarson, Spiegel, Stewart, Wheeler and Woodbury

 

CHAPTER 131

 

[Approved: May 24, 2013]

 

AN ACT relating to blood donation; allowing a person who is 16 years of age to donate his or her blood with the consent of his or her parent or guardian; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law allows any person who is 17 years of age or older to donate his or her blood without the consent of his or her parent or guardian. (NRS 460.040) This bill allows any person who is 16 years of age to donate his or her blood with the consent of his or her parent or guardian.

 

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 460.040 is hereby amended to read as follows:

      460.040  1.  Any person who is 16 years of age may donate his or her blood with the consent of his or her parent or guardian.

      2.  Any person who is 17 years of age or older may donate his or her blood without the consent of his or her parent or guardian.

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ê2013 Statutes of Nevada, Page 449ê

 

CHAPTER 132, AB 185

Assembly Bill No. 185–Committee on Commerce and Labor

 

CHAPTER 132

 

[Approved: May 24, 2013]

 

AN ACT relating to labor; authorizing the Labor Commissioner to enter into a memorandum of understanding with the United States Department of Labor to promote compliance with labor laws of common concern; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Labor Commissioner to cooperate with bureaus or departments of labor of the Federal Government and other states. (NRS 607.120) Currently, the United States Department of Labor is party to memoranda of understanding with several states to provide for cooperation among federal agencies and agencies of those states to facilitate and to promote compliance with labor matters of common concern. This bill authorizes the Labor Commissioner to enter into such a memorandum of understanding with the Wage and Hour Division of the United States Department of Labor.

 

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 607.120 is hereby amended to read as follows:

      607.120  The Labor Commissioner [shall cooperate] :

      1.  Shall cooperate with such bureaus or departments of labor of the Federal Government and other states as may be established [.] ; and

      2.  May enter into a memorandum of understanding with the Wage and Hour Division of the United States Department of Labor to establish a collaborative relationship among the agencies of this State and those of the Federal Government for the purpose of promoting compliance with labor laws of common concern.

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ê2013 Statutes of Nevada, Page 450ê

 

CHAPTER 133, AB 194

Assembly Bill No. 194–Assemblymen Ellison, Hambrick; Fiore, Grady, Healey, Hickey, Livermore, Neal, Oscarson, Stewart, Wheeler and Woodbury

 

Joint Sponsors: Senators Goicoechea and Settelmeyer

 

CHAPTER 133

 

[Approved: May 24, 2013]

 

AN ACT relating to crimes; clarifying that a person who holds a leasehold interest in the real property of another person may be criminally liable for the destruction or injury of that real property; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits a person from willfully or maliciously destroying or injuring the real or personal property of another person. (NRS 206.310) Existing law also provides that a person who is guilty of such an offense shall be punished: (1) where the value of the loss is $5,000 or more, for a category C felony; (2) where the value of the loss is $250 or more but less than $5,000, for a gross misdemeanor; (3) where the value of the loss is $25 of more but less than $250, for a misdemeanor; and (4) where the value is less than $25, by a fine of not more than $500. (NRS 193.155) This bill clarifies that a person who holds a leasehold interest in the real property of another person may be criminally liable for the willful or malicious destruction or injury of that real property.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 206.310 is hereby amended to read as follows:

      206.310  1.  Every person who shall willfully or maliciously destroy or injure any real or personal property of another, for the destruction or injury of which no special punishment is otherwise specially prescribed, shall be guilty of a public offense proportionate to the value of the property affected or the loss resulting from such offense.

      2.  It is not a defense that the person engaging in the conduct prohibited by subsection 1 holds a leasehold interest in the real property that was destroyed or injured.

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ê2013 Statutes of Nevada, Page 451ê

 

CHAPTER 134, AB 199

Assembly Bill No. 199–Committee on Commerce and Labor

 

CHAPTER 134

 

[Approved: May 24, 2013]

 

AN ACT relating to energy; authorizing the Colorado River Commission of Nevada to sell electricity and provide transmission service and distribution service to certain new customers; requiring such a customer to purchase any balance of its capacity and electric transmission and distribution services from an electric utility that primarily serves densely populated counties; requiring certain new customers of the Commission to pay certain charges, fees and tariffs; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      In 1922, seven states, including Nevada, entered into the Colorado River Compact to allocate among the joining states the water rights to the Colorado River and its tributaries in the Colorado River Basin. The United States Congress passed the Boulder Canyon Project Act in 1928 (43 U.S.C. §§ 617 et seq.) to provide for the construction of works along the Colorado River, including the Hoover Dam, and to approve the Colorado River Compact. In 1935, the Nevada Legislature created the Colorado River Commission of Nevada and charged the Commission with securing and protecting Nevada’s rights and interests in the waters of the Colorado River and in hydroelectric power generated on the Colorado River. (NRS 538.041-538.251) Various federal laws have modified the allocation of hydroelectric power delivered from the Hoover Dam since its construction. Most recently, the United States Congress passed the Hoover Power Allocation Act of 2011 (43 U.S.C. §§ 619 et seq.), which creates a resource pool of capacity and associated firm energy for new customers in certain geographical areas of Nevada, California and Arizona that do not currently receive power from the Hoover Dam. The Act directs the Commission to allocate a certain amount of capacity and associated firm energy from the resource pool to new customers in Nevada under contracts that will become effective on October 1, 2017.

      Existing Nevada law authorizes the Commission to sell electricity without being subject to the jurisdiction of the Public Utilities Commission of Nevada only to meet the existing and future electricity requirements of certain existing customers in this State. (NRS 704.787) This bill authorizes the Commission to contract with certain new eligible customers to allocate the 5 percent of capacity and associated firm energy which is available to the Commission as a resource pool for new customers pursuant to the Hoover Power Allocation Act of 2011 without subjecting the Commission to the jurisdiction of the Public Utilities Commission of Nevada. This bill prohibits the Commission from meeting the demand for electricity of any new customer that is located within the service area of an electric utility that primarily serves densely populated counties in excess of the allocation made to the customer from the resource pool of capacity and associated firm energy created pursuant to the Hoover Power Allocation Act of 2011 and requires such a new customer to purchase any balance of its capacity and electric transmission and distribution services from the electric utility. This bill further requires certain new customers to pay certain charges and fees and to account for the customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility. This bill also requires the Public Utilities Commission of Nevada to establish a just and reasonable tariff, payable to the electric utility, for the provision by the electric utility of electricity and electric distribution service to new customers of the Colorado River Commission of Nevada.

 


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ê2013 Statutes of Nevada, Page 452 (Chapter 134, AB 199)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 704.787 is hereby amended to read as follows:

      704.787  1.  The Colorado River Commission of Nevada may , without being subject to the jurisdiction of the Public Utilities Commission of Nevada, sell electricity and provide transmission service or distribution service, or both, only to meet the existing and future requirements of:

      (a) Any customer that the Colorado River Commission of Nevada on July 16, 1997, was serving or had a contract to serve . [; and]

      (b) The Southern Nevada Water Authority and its member agencies for their water and wastewater operations . [,

Ê without being subject to the jurisdiction of the Public Utilities Commission of Nevada.]

      (c) Except as otherwise provided in this paragraph and subsection 2, any customer that receives an allocation of capacity and associated firm energy from the Western Area Power Administration of the United States Department of Energy, and any customer that has had an annual peak load of at least 1 megawatt and receives an allocation of capacity and associated firm energy of at least 1 megawatt from the Colorado River Commission of Nevada, on or after October 1, 2017, from the resource pool of capacity and associated firm energy created pursuant to the Hoover Power Allocation Act of 2011, 43 U.S.C. §§ 619 et seq. The Colorado River Commission of Nevada shall not, by the sale of electricity or by the provision of any transmission service or distribution service pursuant to this paragraph, meet the demand for electricity of any customer that is located within the service area of an electric utility that primarily serves densely populated counties in excess of the allocation made to the customer from the resource pool of capacity and associated firm energy created pursuant to the Hoover Power Allocation Act of 2011, 43 U.S.C. §§ 619 et seq.

      2.  A customer that receives an allocation of capacity and firm energy as described in paragraph (c) of subsection 1 shall, if the customer is located within the service area of an electric utility that primarily serves densely populated counties, purchase from the electric utility any necessary transmission and distribution services and any balance of capacity and energy which is not purchased pursuant to paragraph (c) of subsection 1 or generated by the customer.

      3.  Except as otherwise provided in this subsection, a customer shall, for the capacity and firm energy received as described in paragraph (c) of subsection 1:

      (a) Pay the universal energy charge imposed pursuant to NRS 702.160, unless the customer is the State, a political subdivision of the State or any other governmental entity or customer that is not required to pay the universal service charge pursuant to NRS 702.160.

      (b) Pay any mandatory fees imposed by the Public Utilities Commission of Nevada pursuant to chapter 701B, 702 or 704 of NRS which are assessed against customers in the same rate class.

      (c) If the customer is located within the service area of an electric utility that primarily serves densely populated counties, pay to the electric utility a fee or receive a credit from the electric utility which is approved by the Public Utilities Commission of Nevada pursuant to paragraph (b) of subsection 7 of NRS 704B.310 for the purpose of offsetting the customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility for the costs for purchased fuel and purchased power and for which the electric utility seeks a rate adjustment pursuant to subsections 10 and 11 of NRS 704.110.

 


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ê2013 Statutes of Nevada, Page 453 (Chapter 134, AB 199)ê

 

utility a fee or receive a credit from the electric utility which is approved by the Public Utilities Commission of Nevada pursuant to paragraph (b) of subsection 7 of NRS 704B.310 for the purpose of offsetting the customer’s load-share portion of any unrecovered balance in the deferred accounts of the electric utility for the costs for purchased fuel and purchased power and for which the electric utility seeks a rate adjustment pursuant to subsections 10 and 11 of NRS 704.110.

Ê The provisions of this subsection do not apply to a customer who receives an allocation described in paragraph (c) of subsection 1 in accordance with the State Plan for Economic Development developed pursuant to NRS 231.053.

      4.  The Public Utilities Commission of Nevada shall establish a just and reasonable tariff for [such] :

      (a) The electric distribution service authorized by paragraphs (a) and (b) of subsection 1 to be provided by an electric utility that primarily serves densely populated counties to the Colorado River Commission of Nevada for its sale of electricity or electric distribution services, or both, to [any] a customer [that] of the Colorado River Commission of Nevada [on July 16, 1997, was serving or had a contract to serve, and to the Southern Nevada Water Authority and its member agencies to meet the existing and future requirements for their water and wastewater operations.] pursuant to paragraph (a) or (b) of subsection 1.

      (b) The electricity and electric distribution service authorized by paragraph (c) of subsection 1 and subsection 2 to be provided by an electric utility that primarily serves densely populated counties to the Colorado River Commission of Nevada for its sale of electricity or electric distribution services, or both, to a customer of the Colorado River Commission of Nevada pursuant to paragraph (c) of subsection 1.

      [3.]5.  An electric utility that primarily serves densely populated counties shall provide electric distribution service pursuant to the tariff required by subsection [2.] 4.

      [4.]6.  The Colorado River Commission of Nevada [shall:

      (a) Review and analyze available information, studies and reports to assess the feasibility of constructing a hydrokinetic generation project below Hoover Dam to assist in meeting any existing or future requirements described in subsection 1; and

      (b) If the analysis indicates that construction of such a hydrokinetic generation project is feasible, present that analysis to appropriate agencies of the Federal Government and request that those agencies determine whether to construct a hydrokinetic generation project below Hoover Dam.] may adopt regulations to carry out the provisions of this section.

      [5.]7.  As used in this section:

      (a) “Costs for purchased fuel and purchased power” has the meaning ascribed to it in paragraph (b) of subsection 5 of NRS 704.187.

      (b) “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.

 


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ê2013 Statutes of Nevada, Page 454 (Chapter 134, AB 199)ê

 

      [(b) “Hydrokinetic generation project” means a project that generates electricity from waves or directly from the flow of water in rivers, streams, channels and other inland waterways.]

      (c) “Southern Nevada Water Authority” has the meaning ascribed to it in NRS 538.041.

      Sec. 2.  This act becomes effective:

      1.  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

      2.  On October 1, 2013, for all other purposes.

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CHAPTER 135, AB 217

Assembly Bill No. 217–Committee on Judiciary

 

CHAPTER 135

 

[Approved: May 24, 2013]

 

AN ACT relating to protection of children; requiring the department of juvenile justice services of certain larger counties and agencies which provide child welfare services to obtain a background investigation of the criminal history of employees and applicants for employment; requiring such a department or agency to terminate or deny employment of certain persons based on the results of an investigation of the person’s criminal history; authorizing such a department or agency to terminate or deny employment if certain criminal charges are pending against an employee or applicant for employment; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the board of county commissioners of a county whose population is 700,000 or more (currently Clark County) to establish by ordinance a department of juvenile justice services to administer certain provisions of existing law relating to juvenile delinquency and the abuse and neglect of children. (NRS 62G.200-62G.240) If the board of county commissioners has not established a department of juvenile justice services, the juvenile court must establish by court order a probation committee and must appoint a director of the department of juvenile justice services to administer certain functions of the juvenile court. (NRS 62G.300-62G.370)

      Existing law requires certain types of facilities which provide residential services to children, including, without limitation, a public institution or agency to which a juvenile court commits a child, to obtain a background investigation of employees of the facilities. (NRS 62B.270, 424.031, 432A.170, 433B.183, 449.123) Sections 2, 4 and 12 of this bill require a department of juvenile justice services in a county whose population is 700,000 or more (currently Clark County) and an agency which provides child welfare services to obtain a background investigation of applicants for employment with, and employees of, the department or agency. Sections 2, 4 and 12 further require such a department or agency to obtain a background investigation of each employee of the department or agency at least once every 5 years after the initial investigation. Under sections 2, 4 and 12, an applicant for employment or an employee required to submit to a background investigation must submit a complete set of his or her fingerprints to the department or agency and written authorization permitting the department or agency to obtain certain information concerning the background of the applicant or employee.

 


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ê2013 Statutes of Nevada, Page 455 (Chapter 135, AB 217)ê

 

      Sections 3, 5 and 13 of this bill: (1) require a department of juvenile justice services and an agency which provides child welfare services to deny employment to an applicant, or terminate the employment of an employee, who has been convicted of certain crimes or who has had a substantiated allegation of child abuse or neglect made against him or her; and (2) authorize a department of juvenile justice services and an agency which provides child welfare services to deny employment to an applicant, or terminate the employment of an employee, against whom certain criminal charges are pending. Under sections 3, 5 and 13, a department of juvenile justice services and an agency which provides child welfare services must provide an applicant for employment or an employee a certain period to correct any information that the applicant or employee believes to be incorrect. During the period in which an applicant or employee seeks to correct information, the applicant or employee: (1) must not have contact with a child or the family or guardian of a child in the course of any duties as an employee of a department of juvenile justice services or an agency which provides child welfare services; (2) may be placed on administrative leave without pay; and (3) may be subject to the internal disciplinary procedures of the department of juvenile justice services or the agency which provides child welfare services.

      Section 15 of this bill provides that the provisions of this bill become effective on July 1, 2013, and, thus, apply to existing employees and applicants for employment beginning on that date.

 

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 62G of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. 1.  A department of juvenile justice services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

 


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ê2013 Statutes of Nevada, Page 456 (Chapter 135, AB 217)ê

 

             (10) 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;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  A department of juvenile justice services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, must submit to the department of juvenile justice services:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  The department of juvenile justice services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the department of juvenile justice services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

 


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ê2013 Statutes of Nevada, Page 457 (Chapter 135, AB 217)ê

 

      6.  A department of juvenile justice services shall conduct an investigation of each employee of the department pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      Sec. 3. 1.  If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of section 2 of this act, the information received by the department of juvenile justice services pursuant to subsection 2 of section 2 of this act or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:

      (a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of section 2 of this act, the department of juvenile justice services may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable; or

      (b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of section 2 of this act, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of section 2 of this act, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

      2.  If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of section 2 of this act is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

      3.  If an applicant for employment or an employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of section 2 of this act is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.

      4.  During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:

      (a) Shall not have contact with a child or a relative or guardian of a child in the course of performing any duties as an employee of the department of juvenile justice services.

      (b) May be placed on leave without pay.

      5.  The provisions of subsection 4 must not be construed as preventing the department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.

 


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ê2013 Statutes of Nevada, Page 458 (Chapter 135, AB 217)ê

 

disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.

      6.  A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.220.

      Sec. 4. 1.  A department of juvenile justice services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

             (10) 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;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  A department of juvenile justice services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

 


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ê2013 Statutes of Nevada, Page 459 (Chapter 135, AB 217)ê

 

employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, must submit to the department of juvenile justice services:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  The department of juvenile justice services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the department of juvenile justice services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  A department of juvenile justice services shall conduct an investigation of each employee of the department pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      Sec. 5. 1.  If the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of section 4 of this act, the information received by the department of juvenile justice services pursuant to subsection 2 of section 4 of this act or evidence from any other source indicates that an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services:

      (a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of section 4 of this act, the department of juvenile justice services may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable; or

      (b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of section 4 of this act, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of section 4 of this act, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

 


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this act, the department of juvenile justice services shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

      2.  If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the department of juvenile justice services pursuant to subsection 5 of section 4 of this act is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

      3.  If an applicant for employment or an employee believes that the information received by the department of juvenile justice services pursuant to subsection 2 of section 4 of this act is incorrect, the applicant or employee must inform the department of juvenile justice services immediately. A department of juvenile justice services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.

      4.  During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:

      (a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the department of juvenile justice services.

      (b) May be placed on leave without pay.

      5.  The provisions of subsection 4 must not be construed as preventing a department of juvenile justice services from initiating departmental disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.

      6.  A termination of employment pursuant to this section constitutes dismissal for cause for the purposes of NRS 62G.360.

      Sec. 6. NRS 62G.200 is hereby amended to read as follows:

      62G.200  1.  The provisions of NRS 62G.200 to 62G.240, inclusive, and sections 2 and 3 of this act apply only to a county:

      (a) Whose population is 700,000 or more; and

      (b) Which constitutes a judicial district.

      2.  If a department of juvenile justice services has been established by ordinance in a judicial district pursuant to NRS 62G.200 to 62G.240, inclusive, and sections 2 and 3 of this act, the provisions of NRS 62G.300 to 62G.370, inclusive, and sections 4 and 5 of this act do not apply to that judicial district for the period the ordinance is in effect.

      Sec. 7. NRS 62G.300 is hereby amended to read as follows:

      62G.300  The provisions of NRS 62G.300 to 62G.370, inclusive, and sections 4 and 5 of this act apply to a judicial district which includes a county whose population is 700,000 or more, if a department of juvenile justice services has not been established by ordinance pursuant to NRS 62G.200 to 62G.240, inclusive [.], and sections 2 and 3 of this act.

      Sec. 8. NRS 62G.330 is hereby amended to read as follows:

      62G.330  1.  From a list of candidates recommended by the probation committee, the juvenile court shall appoint a director of the department of juvenile justice services.

 


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      2.  The director of the department of juvenile justice services:

      (a) Is directly responsible to the juvenile court and shall administer the functions of the juvenile court.

      (b) Shall coordinate the services of and serve as liaison between the juvenile court and all agencies in the judicial district dealing with children, including, but not limited to:

             (1) The Division of Child and Family Services;

             (2) The public schools of the judicial district;

             (3) All law enforcement agencies of the judicial district;

             (4) The probation committee; and

             (5) All local facilities for the detention of children within the judicial district.

      (c) May carry out preventive programs relating to juvenile delinquency.

      3.  [The] Except as otherwise provided in section 5 of this act, the director of the department of juvenile justice services serves at the pleasure of the juvenile court and is subject to removal or discharge by the juvenile court. [Before] Except as otherwise provided in section 5 of this act, before the juvenile court may remove or discharge the director of the department of juvenile justice services, the juvenile court shall provide to the director:

      (a) A written statement of the reasons for the removal or discharge; and

      (b) An opportunity to be heard before the juvenile court regarding the removal or discharge.

      4.  The director of the department of juvenile justice services is entitled to such staff or employees to assist in the performance of the duties of the director as is advised by the probation committee, approved by the juvenile court, and consented to by the board or boards of county commissioners.

      5.  With the advice of the probation committee and the consent of the board or boards of county commissioners of the county or counties, the juvenile court shall determine the salary of the director of the department of juvenile justice services.

      Sec. 9. NRS 62G.360 is hereby amended to read as follows:

      62G.360  1.  Pursuant to the provisions of this section, the director of the department of juvenile justice services may demote or dismiss, only for cause, any probation officer, employee of the department of juvenile justice services or employee of a local facility for the detention of children.

      2.  Before the director of the department of juvenile justice services may demote a probation officer or employee, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the demotion; and

      (b) An opportunity to be heard before the director regarding the demotion.

      3.  Before the director of the department of juvenile justice services may dismiss a probation officer or employee with less than 12 months of service, the director shall provide to the probation officer or employee:

      (a) A written statement of the reasons for the dismissal; and

      (b) An opportunity to be heard before the director regarding the dismissal.

      4.  If a probation officer or employee with 12 months or more of service is dismissed pursuant to this section:

      (a) Not later than 15 days after the dismissal, the probation officer or employee may request a written statement from the director of the department of juvenile justice services specifically setting forth the reasons for the dismissal.

 


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for the dismissal. The director shall provide the written statement to the probation officer or employee not later than 15 days after the date of the request.

      (b) Not later than 30 days after receipt of the written statement from the director, the probation officer or employee may make a written request for a public hearing before the probation committee. The probation committee shall adopt rules for the conduct of such public hearings.

      (c) The probation officer or employee may appeal the decision of the probation committee to the board or boards of county commissioners.

      5.  The provisions of this section do not apply to a dismissal required by section 5 of this act.

      Sec. 10. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Records and Technology Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

 


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      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required to be obtained pursuant to NRS 62B.270, 424.031, 427A.735, 432A.170, 433B.183 and 449.123 [;] and sections 2, 4 and 12 of this act; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

 


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each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has fingerprints submitted pursuant to NRS 62B.270, 424.031, 427A.735, 432A.170, 433B.183, 449.122 or 449.123 [.] or section 2, 4 or 12 of this act.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

 


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             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 11. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 12 and 13 of this act.

      Sec. 12. 1.  An agency which provides child welfare services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the agency, and each employee of the agency, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

             (10) 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;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

            (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  An agency which provides child welfare services shall request information from:

 


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      (a) The Statewide Central Registry concerning an applicant for employment with the agency, or an employee of the agency, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with an agency which provides child welfare services, and each employee of an agency which provides child welfare services, must submit to the agency:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the agency to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  An agency which provides child welfare services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the agency which provides child welfare services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  An agency which provides child welfare services shall conduct an investigation of each employee of the agency pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      Sec. 13. 1.  If the report from the Federal Bureau of Investigation forwarded to an agency which provides child welfare services pursuant to subsection 5 of section 12 of this act, the information received by an agency which provides child welfare services pursuant to subsection 2 of section 12 of this act or evidence from any other source indicates that an applicant for employment with the agency, or an employee of the agency:

      (a) Has charges pending against him or her for a crime listed in paragraph (a) of subsection 1 of section 12 of this act, the agency may deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable; or

      (b) Has been convicted of a crime listed in paragraph (a) of subsection 1 of section 12 of this act, has had a substantiated report of child abuse or neglect made against him or her or has not been satisfactorily cleared by a central registry described in paragraph (b) of subsection 2 of section 12 of this act, the agency shall deny employment to the applicant or terminate the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

 


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the employment of the employee after allowing the applicant or employee time to correct the information as required pursuant to subsection 2 or 3, whichever is applicable.

      2.  If an applicant for employment or an employee believes that the information in the report from the Federal Bureau of Investigation forwarded to the agency which provides child welfare services pursuant to subsection 5 of section 12 of this act is incorrect, the applicant or employee must inform the agency immediately. An agency that provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 30 days to correct the information.

      3.  If an applicant for employment or an employee believes that the information received by an agency which provides child welfare services pursuant to subsection 2 of section 12 of this act is incorrect, the applicant or employee must inform the agency immediately. An agency which provides child welfare services that is so informed shall give the applicant or employee a reasonable amount of time of not less than 60 days to correct the information.

      4.  During the period in which an applicant or employee seeks to correct information pursuant to subsection 2 or 3, the applicant or employee:

      (a) Shall not have contact with a child or a relative or guardian of the child in the course of performing any duties as an employee of the agency which provides child welfare services.

      (b) May be placed on leave without pay.

      5.  The provisions of subsection 4 must not be construed as preventing an agency which provides child welfare services from initiating internal disciplinary procedures against an employee during the period in which an employee seeks to correct information pursuant to subsection 2 or 3.

      Sec. 14. (Deleted by amendment.)

      Sec. 15.  This act becomes effective on July 1, 2013.

________

CHAPTER 136, AB 231

Assembly Bill No. 231–Assemblymen Oscarson; Ellison, Hardy and Wheeler

 

Joint Sponsors: Senators Goicoechea; and Settelmeyer

 

CHAPTER 136

 

[Approved: May 24, 2013]

 

AN ACT relating to local governing bodies; providing for the filling of vacancies in the membership of certain local governing bodies; and providing other matters properly relating thereto.

 

 

 

 


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Legislative Counsel’s Digest:

      Existing law provides for the organization and membership of town boards of unincorporated towns, town advisory boards and boards of directors of local improvement districts. (NRS 269.018, 269.576, 269.577, 309.120) This bill provides that a vacancy in the membership of such a governing body must be filled by appointment by the applicable board of county commissioners.

 

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 245.170 is hereby amended to read as follows:

      245.170  Except as otherwise provided by specific statute [, if] :

      1.  If a vacancy is declared in any county or township office, except the offices of district judge and county commissioner:

      [1.](a) Thirty days or more before the date of the close of filing of declarations of candidacy specified in NRS 293.177, and the office is not otherwise scheduled for election at the next ensuing biennial election:

      [(a)](1) The board of county commissioners shall appoint a suitable person who is an elector of the county to fill the vacancy until the first Monday of January after the next ensuing biennial election;

      [(b)](2) The office must be placed on the ballot at that election; and

      [(c)](3) The person elected shall serve the remainder of the unexpired term.

      [2.](b) At any other time, the board of county commissioners shall appoint a suitable person who is an elector of the county to serve the remainder of the unexpired term.

      2.  If a vacancy is declared in the position of a member of a town board appointed or elected pursuant to the provisions of NRS 269.016 to 269.022, inclusive:

      (a) Thirty days or more before the date of the close of filing of declarations of candidacy specified in NRS 293.177, and the position is not otherwise scheduled for election at the next ensuing biennial election:

             (1) The board of county commissioners shall appoint a suitable person who is an elector of the unincorporated town to fill the vacancy until the first Monday of January after the next ensuing biennial election;

             (2) The position must be placed on the ballot at that election; and

             (3) The person elected shall serve the remainder of the unexpired term.

      (b) At any other time, the board of county commissioners shall appoint a suitable person who is an elector of the unincorporated town to serve the remainder of the unexpired term.

      Sec. 2. NRS 269.018 is hereby amended to read as follows:

      269.018  1.  Except as otherwise provided in subsection 2, the term of office of a member of the town board is 4 years and begins on the first Monday in January following the general election at which the member is chosen.

      2.  The initial members of the board elected at a general election shall, at the first meeting of the board after their election and qualification, draw lots to determine which members serve terms of 2 years and which serve terms of 4 years. The drawing must result in, as nearly as possible, the election of half of the members of the board at each subsequent election.

 


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      3.  A vacancy in the position of a member of a town board must be filled pursuant to the provisions of NRS 245.170.

      Sec. 3. NRS 269.576 is hereby amended to read as follows:

      269.576  1.  Except as appointment may be deferred pursuant to NRS 269.563, the board of county commissioners of any county whose population is 700,000 or more shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

      (a) Appointment by the board of county commissioners or the election by the registered voters of the unincorporated town of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board. If the ordinance provides for appointment by the board of county commissioners, in making such appointments, the board of county commissioners shall consider:

             (1) The results of any poll conducted by the town advisory board; and

             (2) Any application submitted to the board of county commissioners by persons who desire to be appointed to the town advisory board in response to an announcement made by the town advisory board.

      (b) A term of 2 years for members of the town advisory board.

      (c) Election of a chair from among the members of the town advisory board for a term of 2 years, and, if a vacancy occurs in the office of chair, for the election of a chair from among the members for the remainder of the unexpired term. The ordinance must also provide that a chair is not eligible to succeed himself or herself for a term of office as chair.

      2.  The members of a town advisory board serve at the pleasure of the board of county commissioners. If a member is removed, or if the position of a member otherwise becomes vacant, the board of county commissioners shall appoint a new member to serve out the remainder of the unexpired term of the member who was removed.

      3.  The board of county commissioners shall provide notice of the expiration of the term of a member of and any vacancy on a town advisory board to the residents of the unincorporated town by mail, newsletter or newspaper at least 30 days before the expiration of the term or filling the vacancy.

      4.  The duties of the town advisory board are to:

      (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

      (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

      5.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

      Sec. 4. NRS 269.577 is hereby amended to read as follows:

      269.577  1.  The board of county commissioners of any county whose population is less than 700,000 shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

      (a) The appointment by the board of county commissioners or the election by the people of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board.

 


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      (b) The removal of a member of the town advisory board if the board of county commissioners finds that the removal of the member is in the best interest of the residents of the unincorporated town . [, and for]

      (c) The appointment by the board of county commissioners of a member to serve the unexpired term of [the] a member [so] of the town advisory board removed [.] pursuant to the provisions of paragraph (b) or whose position otherwise becomes vacant.

      2.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

      3.  The duties of the town advisory board are to:

      (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

      (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

      Sec. 5. NRS 309.120 is hereby amended to read as follows:

      309.120  1.  The officers of such district shall consist of three, five or seven directors as aforesaid, a president and a vice president elected from their number, a secretary and a treasurer. The board may also appoint an assistant secretary who shall exercise such powers and perform such duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of the board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer.

      2.  The directors immediately upon their election and qualification shall meet and organize. The board of directors shall designate some place within the county where the organization of the district was effected as the office of the board, and the board shall hold a regular monthly meeting in its office on such day of the month as that fixed upon by resolution duly entered upon the minutes, and when the time for such a monthly meeting has been fixed, it cannot again be changed for 12 months, and it can only be changed by resolution passed at least 2 months prior to the time such change will take effect and upon publication in a newspaper of general circulation in the district for at least 2 weeks prior to such change. Should the regular meeting day fall upon a nonjudicial day, such meeting must be held on the first judicial day thereafter.

      3.  The board of directors shall hold such special meetings as shall be required for the purpose of transaction of business, but all special meetings must be called by the president or a majority of the board. The order calling such special meeting must be entered on the record, and the secretary shall give each member not joining in the order 3 days’ notice of such special meeting. The order must specify the business to be transacted at such special meeting, and none other than that specified shall be transacted.

      4.  Whenever all members of the board are present at a meeting, the same shall be deemed a legal meeting and any lawful business may be transacted. All meetings of the board must be public and a majority of the members constitutes a quorum for the transaction of business, but on all questions requiring a vote there must be an affirmative vote of at least a majority of all the members of the board.

 


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ê2013 Statutes of Nevada, Page 471 (Chapter 136, AB 231)ê

 

      5.  All records of the board must be open to the inspection of any elector during business hours.

      6.  At the regular monthly meeting in January next following their elections, the board of directors shall meet and organize and elect a president and vice president and appoint a secretary and treasurer. The appointees aforesaid shall file bonds, which must be approved by the board, for the faithful performance of their duties.

      7.  Any vacancies in the offices of directors must be filled from the division in which the vacancy occurs by the remaining members of the board. If the board fails, neglects or refuses to fill any vacancy within 30 days after the vacancy occurs, the board of county commissioners shall fill that vacancy. A director appointed to fill a vacancy, as above provided, shall hold office until the next biennial election and until his or her successor is elected and qualified.

      Sec. 6. (Deleted by amendment.)

      Sec. 7.  This act becomes effective on July 1, 2013.

________

CHAPTER 137, AB 244

Assembly Bill No. 244–Committee on Transportation

 

CHAPTER 137

 

[Approved: May 24, 2013]

 

AN ACT relating to special license plates; revising the circumstances under which the Director of the Department of Motor Vehicles must issue certain notices and orders to stop the issuance of those plates; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Director of the Department of Motor Vehicles is required to provide a notice to the entity to which a special license plate relates if, on October 1, less than a certain number of motor vehicles have that special license plate affixed. If the number of vehicles with the special license plate affixed remains below a certain number on December 31, the Director is required to order the Department to stop issuing that special license plate and to allow current holders to keep and renew their existing plates. For special license plates designed and prepared pursuant to NRS 482.367002, the number of vehicles with the special license plate affixed that is required to prevent the Director from issuing an order to stop producing that special license plate is 1,000; for special license plates required to be issued by certain other sections of NRS, that number must be at least equal to the number set forth in the section that requires the issuance of the plate. (NRS 482.367008) This bill sets the number of vehicles that must have the special license plate affixed to prevent the Director from issuing an order to stop producing that special license plate at 1,000 for all special license plates.

 

 


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ê2013 Statutes of Nevada, Page 472 (Chapter 137, AB 244)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3785 or 482.3787, a license plate that:

             (1) Is approved by the Legislature after July 1, 2005; and

             (2) Differs substantially in design from the license plates that are described in subsection 1 of NRS 482.270.

      2.  Notwithstanding any other provision of law to the contrary, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Commission on Special License Plates pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval.

      3.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      4.  [Except as otherwise provided in subsection 6, if,] If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is [:

      (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002,] less than 1,000 , [; or

      (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

 


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ê2013 Statutes of Nevada, Page 473 (Chapter 137, AB 244)ê

 

Ê] the Director shall provide notice of that fact in the manner described in subsection 5.

      5.  The notice required pursuant to subsection 4 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      6.  If, on December 31 of the same year in which notice was provided pursuant to subsections 4 and 5, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is [:

      (a) In the case of special license plates designed and prepared by the Department pursuant to NRS 482.367002,] less than 1,000 , [; or

      (b) In the case of special license plates authorized directly by the Legislature which are described in paragraph (b) of subsection 1, less than the number of applications required to be received by the Department for the initial issuance of those plates,

Ê] the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

________

CHAPTER 138, AB 249

Assembly Bill No. 249–Assemblymen Munford; Paul Anderson, Diaz, Hogan and Livermore

 

Joint Sponsor: Senator Parks

 

CHAPTER 138

 

[Approved: May 24, 2013]

 

AN ACT relating to district attorneys; revising provisions governing the filling of vacancies in the office of district attorney; requiring that an office of district attorney which has been vacated be placed on the ballot at the next ensuing biennial election under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law sets forth generally applicable provisions that govern the filling of vacancies in county offices if a specific statute is not applicable. (NRS 245.170) Existing law also sets forth specific provisions that govern the filling of vacancies in the office of district attorney, including a provision that a person who is appointed as a permanent replacement for a district attorney serves the remainder of the unexpired 4-year term of office. (NRS 252.060)

 

 


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ê2013 Statutes of Nevada, Page 474 (Chapter 138, AB 249)ê

 

      This bill provides that the generally applicable provisions of NRS 245.170 govern the appointment of a permanent replacement for a district attorney, the length of service of the appointee and the election of a successor, including the requirement that an office of district attorney for which a permanent replacement is appointed be placed on the ballot at the next ensuing biennial election if the office: (1) is vacated at least 30 days before the date upon which a person must declare his or her candidacy for the office; and (2) is not otherwise scheduled for election at the next ensuing biennial election.

 

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 252.060 is hereby amended to read as follows:

      252.060  1.  If the district attorney dies, resigns, is removed, disappears or is permanently disabled from performing the duties of his or her office, the board of county commissioners shall appoint an interim or permanent replacement for the district attorney.

      2.  If the district attorney is temporarily disabled from performing the duties of his or her office:

      (a) The chief deputy district attorney shall perform the duties of the district attorney while the district attorney is disabled. The chief deputy is entitled to the chief deputy’s regular salary while engaged in the performance of those duties.

      (b) If there is no chief deputy, the board of county commissioners shall appoint an interim replacement for the district attorney.

      3.  A person appointed as an interim or permanent replacement for the district attorney pursuant to this section must be appointed at the first regularly scheduled meeting of the board of county commissioners following the event giving rise to the appointment. Any such event occurring within the time provided by NRS 241.020 for notice of the meeting is an emergency within the meaning of that section.

      4.  A person appointed as an interim replacement for the district attorney pursuant to this section:

      (a) Is entitled to receive the same salary as the district attorney.

      (b) Shall:

             (1) If he or she is appointed pursuant to subsection 1, serve for not more than 60 days or until a permanent replacement is appointed, whichever occurs first.

             (2) If he or she is appointed pursuant to subsection 2, serve for the duration of the disability of the district attorney or, if the district attorney resigns or is removed from office, for not more than 60 days after the resignation or removal or until a permanent replacement is appointed, whichever occurs first.

      (c) May engage in the private practice of law for not more than 60 days after his or her appointment, to the extent permitted by NRS 245.0435. The limitation of time provided by this paragraph does not apply in any county of class 6, as classified in the table of annual salaries contained in NRS 245.043.

 

 


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ê2013 Statutes of Nevada, Page 475 (Chapter 138, AB 249)ê

 

      5.  [A person appointed as] The provisions of NRS 245.170 govern the appointment of a permanent replacement for the district attorney [pursuant to this section serves the remainder of the unexpired term.] , the length of service of the appointee and the election of a successor.

________

CHAPTER 139, AB 259

Assembly Bill No. 259–Committee on Ways and Means

 

CHAPTER 139

 

[Approved: May 24, 2013]

 

AN ACT relating to education; revising the membership and duties of the P-16 Advisory Council; renaming the Council the P-20W Advisory Council; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the P-16 Advisory Council, consisting of 11 voting members appointed by the Governor, the Majority Leader of the Senate, the Speaker of the Assembly, the Minority Leader of the Senate and the Minority Leader of the Assembly and 2 ex officio nonvoting members, and prescribes the duties of the Council. (NRS 400.030, 400.040) Section 1 of this bill makes the Director of the Department of Employment, Training and Rehabilitation an ex officio nonvoting member of the Council and revises the qualifications of one of the five members who is appointed by the Governor to require that the member be a person who possesses knowledge of and experience in early childhood education programs and services for children in this State from birth through prekindergarten. Section 1 also increases the pool of qualified persons from which the Majority Leader of the Senate and the Speaker of the Assembly, respectively, may appoint a member to the Council to include a person who possesses knowledge of and experience in early childhood education programs and services for children from birth through prekindergarten.

      Section 2 of this bill revises the duties of the Council by requiring the Council to address: (1) methods to ensure the successful transition of children from early childhood education programs to elementary school; (2) the development and oversight of a statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the state’s workforce; and (3) a plan for collaborative research using data from that statewide longitudinal data system.

      As a result of the expansion of its membership and duties, the Council is renamed the P-20W Advisory Council.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 400.030 is hereby amended to read as follows:

      400.030  1.  The [P-16] P-20W Advisory Council, consisting of 11 voting members, is hereby created to assist in the coordination between [elementary, secondary and higher] early childhood education programs, K-12 public education , postsecondary education and the workforce in this State. The Chancellor of the System , [and] the Superintendent of Public Instruction and the Director of the Department of Employment, Training and Rehabilitation serve as ex officio nonvoting members of the Council.

 


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ê2013 Statutes of Nevada, Page 476 (Chapter 139, AB 259)ê

 

      2.  The Governor shall appoint five members to the Council as follows:

      (a) One representative of higher education in this State.

      (b) One representative of elementary and secondary education in this State.

      (c) One representative of private business in this State.

      (d) One member who is a parent of a pupil enrolled in a public school in this State or of a student enrolled in the System. The parent must not be employed by the board of trustees of a school district, the governing body of a charter school or the System.

      (e) One person who [meets the qualifications of paragraph (a), (b) or (c).] possesses knowledge of and experience in early childhood education programs and services for children in this State from birth through prekindergarten.

      3.  The Majority Leader of the Senate and the Speaker of the Assembly shall each appoint two members to the Council as follows:

      (a) One member of the House of the Legislature that he or she represents.

      (b) One person who meets the qualifications of paragraph (a), (b) , [or] (c) or (e) of subsection 2.

      4.  The Minority Leader of the Senate and the Minority Leader of the Assembly shall each appoint one member to the Council who is a member of the general public.

      5.  The members of the Council shall elect a Chair and a Vice Chair from among the members of the Council. After the initial term, the Chair and Vice Chair serve in the office for a term of 2 years beginning July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the members of the Council shall elect a member to fill the vacancy to serve for the remainder of the unexpired term of that office.

      6.  After the initial terms, each member of the Council serves a term of 3 years commencing on July 1 of the year of appointment. Such members may be reappointed for one additional term. A vacancy on the Council must be filled for the remainder of the unexpired term in the same manner as the original appointment. Each member of the Council continues in office until his or her successor is appointed.

      7.  Any member who is absent from two consecutive meetings of the Council without permission of the Chair:

      (a) Forfeits his or her office; and

      (b) Must be replaced as provided in subsection 6 for the filling of a vacancy before the end of a term.

      Sec. 2. NRS 400.040 is hereby amended to read as follows:

      400.040  1.  The Council shall address:

      (a) Methods to increase the number of students who enroll in programs at the System to become teachers, including, without limitation, financial aid programs for students enrolled in those programs.

      (b) Methods to ensure the successful transition of children from early childhood education programs to elementary school, including, without limitation, methods to increase parental involvement.

      (c) Methods to ensure the successful transition of pupils from:

             (1) Elementary school to middle school;

             (2) Middle school to high school; and

 


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ê2013 Statutes of Nevada, Page 477 (Chapter 139, AB 259)ê

 

             (3) High school to postsecondary education [,] or the workforce, or both,

Ê including, without limitation, methods to increase parental involvement.

      [(c)Methods to ensure that the data information system for the pupils enrolled in the public schools is linked, to the extent feasible, with the data information system for the students enrolled in the System.]

      (d) Methods to ensure that the course work, standards and assessments required of pupils in secondary schools is aligned with the workload expected of students at the postsecondary level.

      (e) Methods to ensure collaboration among the business community, members of the academic community and political leaders to set forth a process for developing strategies for the growth and diversification of the economy of this State.

      (f) Policies relating to workforce development, employment needs of private employers and workforce shortages in occupations critical to the education, health and safety of the residents of this State.

      (g) The development and oversight of a statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.

      (h) A plan for collaborative research using data from the statewide longitudinal data system developed pursuant to paragraph (g), including, without limitation, research that assesses:

             (1) The efficiency and effectiveness of the use of state resources to improve the readiness of pupils in this State for postsecondary education and the workforce;

             (2) The effectiveness of the preparation of teachers and administrators in this State; and

             (3) The return on investment of educational and workforce development programs paid for by this State.

      (i) Other matters within the scope of the Council as determined necessary or appropriate by the Council.

      2.  The Council may:

      (a) Establish committees to assist the Council in carrying out its duties.

      (b) Apply for any available grants and may accept any gifts, grants and donations from any source to assist the Council in carrying out its duties.

      Sec. 3.  1.  Notwithstanding the provisions of subsection 6 of NRS 400.030, the term of the member of the P-16 Advisory Council appointed by the Governor pursuant to paragraph (e) of subsection 2 of NRS 400.030 who is incumbent on June 30, 2013, expires on that date.

      2.  On or before July 1, 2013, the Governor shall appoint to the P-20W Advisory Council one member who meets the qualifications set forth in paragraph (e) of subsection 2 of NRS 400.030, as amended by section 1 of this act, to a term which commences on July 1, 2013, and expires on June 30, 2016.

      Sec. 4.  1.  This section and section 3 of this act become effective upon passage and approval.

      2.  Sections 1 and 2 of this act become effective on July 1, 2013.

________

 


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ê2013 Statutes of Nevada, Page 478ê

 

CHAPTER 140, AB 277

Assembly Bill No. 277–Assemblywomen Benitez-Thompson; and Carlton

 

CHAPTER 140

 

[Approved: May 24, 2013]

 

AN ACT relating to dental hygienists; exempting certain programs that provide public health dental hygiene from requirements relating to supervision by a licensed dentist; authorizing dental hygienists who are authorized to practice public health dental hygiene to perform procedures without the authorization or supervision of a licensed dentist as specified by regulations adopted by the Board of Dental Examiners of Nevada; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes a dental hygienist to obtain from the Board of Dental Examiners of Nevada a special endorsement of the dental hygienist’s license that authorizes the dental hygienist to practice public health dental hygiene. A dental hygienist with such a special endorsement may perform such services for the promotion of public health dental hygiene as deemed appropriate by the State Dental Health Officer. (NRS 631.287) Existing law further provides that an entity which owns or operates certain dental offices or clinics must designate an actively licensed dentist as the dental director to supervise the dental office or clinic. (NRS 631.3452)

      Section 1 of this bill exempts a program that provides public health dental hygiene from the provisions requiring the designation of a licensed dentist as the dental director if: (1) the program is owned or operated by a dental hygienist who holds a special endorsement of his or her license to practice public health dental hygiene; and (2) each dental hygienist employed to provide public health dental hygiene pursuant to the program holds a special endorsement of his or her license to practice public health dental hygiene. Section 3 of this bill provides for the biennial renewal of such a special endorsement and authorizes a dental hygienist who holds such a special endorsement to provide services without the authorization or supervision of a dentist as specified by regulations adopted by the Board.

 

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

      The provisions of NRS 631.3452 requiring the designation of an actively licensed dentist as a dental director do not apply to a program for the provision of public health dental hygiene if:

      1.  The program is owned or operated by a dental hygienist who holds a special endorsement of his or her license to practice public health dental hygiene pursuant to NRS 631.287; and

      2.  Each dental hygienist employed to provide public health dental hygiene pursuant to the program holds a special endorsement of his or her license to practice public health dental hygiene pursuant to NRS 631.287.

 


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ê2013 Statutes of Nevada, Page 479 (Chapter 140, AB 277)ê

 

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 631.287 is hereby amended to read as follows:

      631.287  1.  The Board shall, upon application by a dental hygienist who is licensed pursuant to this chapter and has such qualifications as the Board specifies by regulation, issue a special endorsement of the license allowing the dental hygienist to practice public health dental hygiene . [pursuant to subsection 2.] The special endorsement may be renewed biennially upon the renewal of the license of the dental hygienist.

      2.  [The State Dental Health Officer may authorize a person] A dental hygienist who holds a special endorsement issued pursuant to subsection 1 [to provide or cause to be provided such services for the promotion of public health dental hygiene as the State Dental Health Officer deems appropriate. Such services:

      (a) May be provided at schools, community centers, hospitals, nursing homes and such other locations as the State Dental Health Officer deems appropriate:

      (b) May not be provided at a dental office that is not operated by a public or nonprofit entity.] may provide services without the authorization or supervision of a dentist only as specified by regulations adopted by the Board.

      Sec. 4. (Deleted by amendment.)

      Sec. 4.5. NRS 631.3452 is hereby amended to read as follows:

      631.3452  [An] Except as otherwise provided in section 1 of this act, an entity that owns or operates a dental office or clinic as described in paragraph (f) of subsection 2 of NRS 631.215 must:

      1.  Designate an actively licensed dentist as the dental director of the dental office or clinic. The dental director shall have responsibility for the clinical practice of dentistry at the dental office or clinic, including, without limitation:

      (a) Diagnosing or treating any of the diseases or lesions of the oral cavity, teeth, gingiva or the supporting structures thereof.

      (b) Administering or prescribing such remedies, medicinal or otherwise, as are needed in the treatment of dental or oral diseases.

      (c) Determining:

             (1) Whether a particular treatment is necessary or advisable; or

             (2) Which particular treatment is necessary or advisable.

      (d) The overall quality of patient care that is rendered or performed in the clinical practice of dentistry.

      (e) Supervising dental hygienists, dental assistants and other personnel involved in direct patient care and authorizing procedures performed by the dental hygienists, dental assistants and other personnel in accordance with the standards of supervision established by law or regulations adopted pursuant thereto.

      (f) Providing any other specific services that are within the scope of clinical dental practice.

      (g) Retaining patient dental records as required by law and regulations adopted by the Board.

      (h) Ensuring that each patient receiving services from the dental office or clinic has a dentist of record.

 

 


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ê2013 Statutes of Nevada, Page 480 (Chapter 140, AB 277)ê

 

      2.  Maintain current records of the names of licensed dentists who supervise the clinical activities of dental hygienists, dental assistants or other personnel involved in direct patient care. The records must be available to the Board upon written request.

      Sec. 5.  This act becomes effective on July 1, 2013.

________

CHAPTER 141, AB 282

Assembly Bill No. 282–Assemblymen Aizley; Ohrenschall and Pierce

 

Joint Sponsor: Senator Segerblom

 

CHAPTER 141

 

[Approved: May 24, 2013]

 

AN ACT relating to motor vehicles; providing that certain persons may recover on the bond or deposit that each broker, manufacturer, distributor, dealer and rebuilder of motor vehicles is required to procure or make with the Department of Motor Vehicles; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, each broker, manufacturer, distributor, dealer and rebuilder of motor vehicles is required to procure and file a surety bond with the Department of Motor Vehicles or make a deposit with the Department. Any person, including consumers as well as corporate entities, injured by the actions of such a broker, manufacturer, distributor, dealer or rebuilder is allowed to apply to the Director of the Department or to bring and maintain an action in any court of competent jurisdiction for compensation from the bond or deposit. (NRS 482.3333, 482.345, 482.346)

      Additionally, under existing case law in Nevada, the phrase “any person,” as used in NRS 482.345(6), has been interpreted literally to allow any individual person or group of persons (including a finance company) who is injured by the actions of a broker, manufacturer, distributor, dealer or rebuilder of motor vehicles to apply for compensation from the bond that section requires to be procured and filed. (Western Sur. Co. v. ADCO Credit, Inc., 127 Nev. Adv. Op. No. 8, 251 P.3d 714 (Mar. 17, 2011)) This bill amends NRS 482.3333, 482.345 and 482.346 to provide that bonds procured pursuant to NRS 482.3333 and 482.345 and deposits made in lieu of such bonds pursuant to NRS 482.346 may be used to compensate only a consumer, for any loss or damage established, and no other person.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.3333 is hereby amended to read as follows:

      482.3333  1.  Before a person may be licensed as a broker, the person must procure and file with the Department a good and sufficient bond in the amount of $100,000 with a corporate surety thereon licensed to do business within the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant shall conduct business as a broker without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter.

 


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ê2013 Statutes of Nevada, Page 481 (Chapter 141, AB 282)ê

 

breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter.

      2.  The Department may allow a broker who provides services for more than one category of vehicle described in subsection 1 of NRS 482.345 at a principal place of business or at any branch location within the same county as the principal place of business to provide a good and sufficient bond for a single category of vehicle and may consider that single bond sufficient coverage to include all other categories of vehicles.

      3.  The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      4.  The undertaking on the bond is for the use and benefit of the consumer and includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter by any employee of the licensed broker who acts on behalf of the broker and within the scope of his or her employment.

      5.  The bond must provide that it is for the use and benefit of any [person injured by the action] consumer of the broker or an employee of the broker [in violation of any provision of this chapter may apply to the Director, for good cause shown, for compensation from the bond.] for any loss or damage established, including, without limitation:

      (a) Actual damages;

      (b) Consequential damages;

      (c) Incidental damages;

      (d) Statutory damages;

      (e) Damages for noneconomic loss; and

      (f) Attorney’s fees and costs.

Ê The surety issuing the bond shall appoint the Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

      6.  If a [person is injured by the actions of] consumer has a claim for relief against a broker or an employee of the broker, the [person] consumer may:

      (a) Bring and maintain an action in any court of competent jurisdiction. If the court enters:

             (1) A judgment on the merits against the broker or employee, the judgment is binding on the surety.

             (2) A judgment other than on the merits against the broker or employee, including, without limitation, a default judgment, the judgment is binding on the surety only if the surety was given notice and an opportunity to defend at least 20 days before the date on which the judgment was entered against the broker or employee.

      (b) Apply to the Director, for good cause shown, for compensation from the bond. The Director may determine the amount of compensation and the [person] consumer to whom it is to be paid. The surety shall then make the payment.

      (c) Settle the matter with the broker or employee. If such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State, and submitted to the Director with a request for compensation from the bond.

 


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bond. If the Director determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the [injured person] consumer in the amount agreed upon in the settlement.

      7.  Any judgment entered by a court in favor of a consumer and against a broker or an employee of the broker may be executed through a writ of attachment, garnishment, execution or other legal process, or the [person] consumer in whose favor the judgment was entered may apply to the Director for compensation from the bond of the broker or employee.

      8.  As used in this section, “consumer” means any person who comes into possession of a vehicle as a final user for any purpose other than offering it for sale.

      Sec. 2. NRS 482.345 is hereby amended to read as follows:

      482.345  1.  Before any dealer’s license, dealer’s plate, special dealer’s plate, rebuilder’s license or rebuilder’s plate, distributor’s license or distributor’s plate or manufacturer’s license or manufacturer’s plate is furnished to a manufacturer, distributor, dealer or rebuilder as provided in this chapter, the Department shall require that the applicant make an application for such a license and plate upon a form to be furnished by the Department, and the applicant shall furnish such information as the Department requires, including proof that the applicant has an established place of business in this State, procure and file with the Department a good and sufficient bond with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the Attorney General, and conditioned that the applicant or any employee who acts on behalf of the applicant within the scope of his or her employment shall conduct business as a dealer, distributor, manufacturer or rebuilder without breaching a consumer contract or engaging in a deceptive trade practice, fraud or fraudulent representation, and without violation of the provisions of this chapter. The bond must be:

      (a) For a manufacturer, distributor, rebuilder or dealer who manufactures, distributes or sells motorcycles, $50,000.

      (b) For a manufacturer, distributor, rebuilder or dealer who sells vehicles other than motorcycles, trailers or travel trailers, $100,000.

      (c) For a manufacturer, distributor, rebuilder or dealer who sells travel trailers or other dual purpose trailers that include living quarters in their design, $100,000.

      (d) For a manufacturer, distributor, rebuilder or dealer who sells horse trailers designed without living quarters or special purpose trailers with an unladen weight of 3,501 pounds or more, $50,000.

      (e) For a manufacturer, distributor, rebuilder or dealer who sells utility trailers or other special use trailers with an unladen weight of 3,500 pounds or less or trailers designed to carry boats, $10,000.

      2.  The Department may, pursuant to a written agreement with any manufacturer, distributor, rebuilder or dealer who has been licensed to do business in this State for at least 5 years, allow a reduction in the amount of the bond of the manufacturer, distributor, rebuilder or dealer, if the business has been conducted in a manner satisfactory to the Department for the preceding 5 years. No bond may be reduced to less than 50 percent of the bond required pursuant to subsection 1.

 


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      3.  The Department may allow a manufacturer, distributor, rebuilder or dealer who sells more than one category of vehicle as described in subsection 1 at a principal place of business or at any branch location within the same county as the principal place of business to provide a good and sufficient bond for a single category of vehicle and may consider that single bond sufficient coverage to include all other categories of vehicles.

      4.  The bond must be continuous in form, and the total aggregate liability on the bond must be limited to the payment of the total amount of the bond.

      5.  The undertaking on the bond is for the use and benefit of the consumer and includes any breach of a consumer contract, deceptive trade practice, fraud, fraudulent representation or violation of any of the provisions of this chapter by the representative of any licensed distributor or the salesperson of any licensed dealer, manufacturer or rebuilder who acts for the dealer, distributor, manufacturer or rebuilder on his or her behalf and within the scope of the employment of the representative or salesperson.

      6.  The bond must provide that it is for the use and benefit of any [person] consumer [injured by the action] of the dealer, distributor, rebuilder, manufacturer, representative or salesperson [in violation of any provisions of this chapter may apply to the Director, for good cause shown, for compensation from the bond.] for any loss or damage established, including, without limitation:

      (a) Actual damages;

      (b) Consequential damages;

      (c) Incidental damages;

      (d) Statutory damages;

      (e) Damages for noneconomic loss; and

      (f) Attorney’s fees and costs.

Ê The surety issuing the bond shall appoint the Secretary of State as its agent to accept service of notice or process for the surety in any action upon the bond brought in a court of competent jurisdiction or brought before the Director.

      7.  If a [person] consumer [is injured by the actions of] has a claim for relief against a dealer, distributor, rebuilder, manufacturer, representative or salesperson, the [person] consumer may:

      (a) Bring and maintain an action in any court of competent jurisdiction. If the court enters:

             (1) A judgment on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesperson, the judgment is binding on the surety.

             (2) A judgment other than on the merits against the dealer, distributor, rebuilder, manufacturer, representative or salesperson, including, without limitation, a default judgment, the judgment is binding on the surety only if the surety was given notice and an opportunity to defend at least 20 days before the date on which the judgment was entered against the dealer, distributor, rebuilder, manufacturer, representative or salesperson.

      (b) Apply to the Director, for good cause shown, for compensation from the bond. The Director may determine the amount of compensation and the [person] consumer to whom it is to be paid. The surety shall then make the payment.

      (c) Settle the matter with the dealer, distributor, rebuilder, manufacturer, representative or salesperson. If such a settlement is made, the settlement must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State, and submitted to the Director with a request for compensation from the bond.

 


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must be reduced to writing, signed by both parties and acknowledged before any person authorized to take acknowledgments in this State, and submitted to the Director with a request for compensation from the bond. If the Director determines that the settlement was reached in good faith and there is no evidence of collusion or fraud between the parties in reaching the settlement, the surety shall make the payment to the [injured person] consumer in the amount agreed upon in the settlement.

      8.  Any judgment entered by a court in favor of a consumer and against a dealer, distributor, rebuilder, manufacturer, representative or salesperson may be executed through a writ of attachment, garnishment, execution or other legal process, or the [person] consumer in whose favor the judgment was entered may apply to the Director for compensation from the bond of the dealer, distributor, rebuilder, manufacturer, representative or salesperson.

      9.  The Department shall not issue a license or plate pursuant to subsection 1 to a manufacturer, distributor, rebuilder or dealer who does not have and maintain an established place of business in this State.

      10.  As used in this section, “consumer” means any person who comes into possession of a vehicle as a final user for any purpose other than offering it for sale.

      Sec. 3. NRS 482.346 is hereby amended to read as follows:

      482.346  1.  In lieu of a bond, an applicant may deposit with the Department, under terms prescribed by the Department:

      (a) A like amount of lawful money of the United States or bonds of the United States or of the State of Nevada of an actual market value of not less than the amount fixed by the Department; or

      (b) A savings certificate of a bank, credit union or savings and loan association situated in Nevada, which must indicate an account of an amount equal to the amount of the bond which would otherwise be required by NRS 482.345 and that this amount is unavailable for withdrawal except upon order of the Department. Interest earned on the amount accrues to the account of the applicant.

      2.  [A] Except as otherwise provided in subsection 3, a deposit made pursuant to subsection 1 may be disbursed by the Director, for good cause shown and after notice and opportunity for hearing, in an amount determined by the Director to compensate a person injured by an action of the licensee, or released upon receipt of:

      (a) A court order requiring the Director to release all or a specified portion of the deposit; or

      (b) A statement signed by the person or persons under whose name the deposit is made and acknowledged before any person authorized to take acknowledgments in this State, requesting the Director to release the deposit, or a specified portion thereof, and stating the purpose for which the release is requested.

      3.  A deposit made pursuant to subsection 1 in lieu of a bond required by NRS 482.345 may only be disbursed to compensate a consumer. As used in this subsection, “consumer” has the meaning ascribed to it in NRS 482.345.

      4.  When a deposit is made pursuant to subsection 1, liability under the deposit is in the amount prescribed by the Department. If the amount of the deposit is reduced or there is an outstanding court judgment for which the licensee is liable under the deposit, the license is automatically suspended. The license must be reinstated if the licensee:

 


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      (a) Files an additional bond pursuant to subsection 1 of NRS 482.345;

      (b) Restores the deposit with the Department to the original amount required under this section; or

      (c) Satisfies the outstanding judgment for which the licensee is liable under the deposit.

      [4.]5.  A deposit made pursuant to subsection 1 may be refunded:

      (a) By order of the Director, 3 years after the date the licensee ceases to be licensed by the Department, if the Director is satisfied that there are no outstanding claims against the deposit; or

      (b) By order of court, at any time within 3 years after the date the licensee ceases to be licensed by the Department, upon evidence satisfactory to the court that there are no outstanding claims against the deposit.

      [5.]6.  Any money received by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      Sec. 4.  This act becomes effective on July 1, 2013.

________

CHAPTER 142, AB 307

Assembly Bill No. 307–Assemblymen Horne, Sprinkle, Healey, Pierce; Aizley, Elliot Anderson, Benitez-Thompson, Carlton, Carrillo, Cohen, Hogan, Livermore, Munford, Neal and Swank

 

Joint Sponsors: Senators Segerblom; Atkinson and Ford

 

CHAPTER 142

 

[Approved: May 24, 2013]

 

AN ACT relating to victims of crime; repealing and replacing certain provisions relating to the treatment of victims of sexual assault; revising various provisions relating to the medical and psychological treatment of victims of sexual assault and certain other persons; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires a county to pay any costs incurred for the medical care for any physical injuries resulting from a sexual assault that occurs within the county. (NRS 217.300) Existing law also requires any costs incurred by a hospital for: (1) the examination of the victim of a sexual offense; or (2) the initial medical care of the victim, to be charged to the county in whose jurisdiction the offense was committed. (NRS 449.244) Section 14 of this bill repeals NRS 449.244 and replaces the provisions in sections 9 and 10 of this bill.

      Existing law: (1) authorizes a victim of a sexual assault, or the spouse of the victim who suffers emotional distress, to submit an affidavit and apply to the board of county commissioners in the county where the sexual assault occurred for certain treatment at county expense; and (2) authorizes a victim of a sexual assault who has suffered emotional trauma to select a relative or close friend to receive counseling with the victim under certain circumstances. (NRS 217.310) Section 10 of this bill provides that a victim of a sexual assault must file a report with the appropriate law enforcement agency or submit to a forensic medical examination before the victim, spouse, relative or close friend may receive such treatment.

 


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ê2013 Statutes of Nevada, Page 486 (Chapter 142, AB 307)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-8. (Deleted by amendment.)

      Sec. 9. NRS 217.300 is hereby amended to read as follows:

      217.300  1.  The county in whose jurisdiction a sexual assault is committed shall [pay] :

      (a) Pay any costs incurred for medical care for any physical injuries resulting from the sexual assault which is provided to the victim not later than 72 hours after the victim first arrives for treatment.

      (b) Pay any costs incurred by a hospital for the forensic medical examination of the victim.

      2.  Any costs incurred pursuant to subsection 1:

      (a) Must not be charged directly to the victim of sexual assault.

      (b) Must be charged to the county in whose jurisdiction the offense was committed.

      3.  The filing of a report with the appropriate law enforcement agency must not be a prerequisite to qualify for a forensic medical examination pursuant to this section.

      4.  The costs associated with a forensic medical examination must not be included in the costs for medical treatment pursuant to NRS 217.310.

      5.  As used in this section, “forensic medical examination” means an examination by a health care provider to obtain evidence from a victim of sexual assault.

      Sec. 10. NRS 217.310 is hereby amended to read as follows:

      217.310  1.  If any victim of sexual assault requires medical treatment for physical injuries as a result of the sexual assault, in addition to any initial emergency medical care provided, or if any victim or spouse of such a victim suffers emotional trauma as a result of the sexual assault, the victim or spouse may, upon submitting an affidavit as required by subsection 2, apply to the board of county commissioners in the county where the sexual assault occurred for treatment at county expense.

      2.  The board shall approve an application for treatment upon receiving an affidavit from the applicant declaring that:

      (a) The applicant is a victim of sexual assault or spouse of such a victim;

      (b) The sexual assault occurred in the county; and

      (c) The victim requires medical treatment for physical injuries, or the victim or spouse has suffered emotional trauma, as a result of the sexual assault.

      3.  A victim who has suffered emotional trauma may select a relative or close friend to receive counseling with the victim if the counselor agrees that such companionship will be helpful to the victim. If the victim’s application for treatment is approved, counseling for the relative or friend must also be approved.

      4.  [The filing of] A victim must file a report with the appropriate law enforcement agency [is] or submit to a forensic medical examination pursuant to NRS 217.300 as a prerequisite for the victim or any other person eligible to qualify for treatment under the provisions of this section.

      5.  Whenever costs are incurred by a hospital for treatment which has been approved by the board of county commissioners pursuant to this section for the victim of a sexual assault and any other person eligible for treatment, the costs of the treatment, not to exceed $1,000, must be charged to the county which authorized the treatment.

 


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ê2013 Statutes of Nevada, Page 487 (Chapter 142, AB 307)ê

 

section for the victim of a sexual assault and any other person eligible for treatment, the costs of the treatment, not to exceed $1,000, must be charged to the county which authorized the treatment. Any remainder must be handled the same as other hospital costs.

      Secs. 11-13. (Deleted by amendment.)

      Sec. 14. NRS 449.244 is hereby repealed.

________

CHAPTER 143, AB 310

Assembly Bill No. 310–Assemblymen Grady; and Hansen

 

Joint Sponsors: Senators Settelmeyer, Goicoechea; and Gustavson

 

CHAPTER 143

 

[Approved: May 24, 2013]

 

AN ACT relating to irrigation districts; authorizing an irrigation district to purchase and maintain insurance or make other financial arrangements for any liability asserted against an officer of the irrigation district and certain other persons; increasing the maximum amount of certain indebtedness that the board of directors of an irrigation district may incur; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for the formation and operation of irrigation districts in this State. (Chapter 539 of NRS) The officers of each irrigation district must consist of a president, vice president, secretary, treasurer and three, five or seven directors. (NRS 539.063) The board of directors of each irrigation district may appoint or employ agents, officers, employees, delegates to conventions and other representatives as the board may require in the interest of the irrigation district. (NRS 539.193) Section 2 of this bill authorizes the board to purchase insurance or make other financial arrangements on behalf of any such agent, officer, employee, delegate or representative for any liability asserted against the agent, officer, employee, delegate or representative in his or her capacity as such an agent, officer, employee, delegate or representative of the irrigation district.

      Existing law authorizes a board of directors of an irrigation district to incur an indebtedness not exceeding in the aggregate the sum of $500,000. (NRS 539.480) Section 5 of this bill increases the amount of indebtedness that the board may incur to $1,000,000.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 539 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. An irrigation district may purchase and maintain insurance or make other financial arrangements on behalf of any person who is or was an officer of the irrigation district specified in NRS 539.063 or an agent, officer, employee, delegate or representative appointed or employed pursuant to NRS 539.193 for any liability asserted against the person and liability and expenses incurred by the person in his or her capacity or arising out of his or her status as such an agent, officer, employee, delegate or representative of the irrigation district.

 


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ê2013 Statutes of Nevada, Page 488 (Chapter 143, AB 310)ê

 

liability and expenses incurred by the person in his or her capacity or arising out of his or her status as such an agent, officer, employee, delegate or representative of the irrigation district.

      Secs. 3 and 4. (Deleted by amendment.)

      Sec. 5. NRS 539.480 is hereby amended to read as follows:

      539.480  1.  For the purpose of organization or any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of [$500,000] $1,000,000 and may cause warrants or negotiable notes of the district to issue therefor, bearing interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment on all lands in the district for the payment of those expenses.

      2.  Subject to the provisions of subsections 3, 4 and 5, thereafter the board may levy:

      (a) An annual assessment, in the absence, except as otherwise provided in paragraph (b), of assessments therefor pursuant to any of the other provisions of this chapter, of not more than $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses; and

      (b) An annual assessment of not more than $5 per acre on all the lands in the district for deposit in a capital improvement fund for the construction, reconstruction or maintenance of the irrigation system of the district and any appurtenances necessary thereto.

      3.  Annual assessments levied pursuant to the provisions of subsection 2 may not cumulatively exceed $5 per acre.

      4.  No portion of the amount collected from the assessment levied pursuant to the provisions of paragraph (b) of subsection 2 may be used for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses.

      5.  The assessments authorized pursuant to the provisions of subsection 2 must be collected as provided in this chapter for the collection of other assessments.

      Sec. 6.  This act becomes effective on July 1, 2013.

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CHAPTER 144, AB 322

Assembly Bill No. 322–Assemblymen Paul Anderson, Hardy, Fiore, Hambrick; Elliot Anderson, Duncan, Ellison, Flores, Grady, Hansen, Hickey, Kirner, Livermore, Munford, Oscarson, Stewart and Wheeler

 

Joint Sponsors: Senators Hammond; Brower and Gustavson

 

CHAPTER 144

 

[Approved: May 24, 2013]

 

AN ACT relating to casualty insurance; revising provisions concerning the provision of medical reports, records and bills to a party against whom a claim is asserted for personal injury under a policy of motor vehicle insurance; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a party against whom a claim is asserted for compensation or damages for personal injury under a policy of motor vehicle insurance covering a private passenger car may require any attorney representing the claimant to provide to the party and the insurer or attorney of the party, not more than once every 90 days, all medical reports, records and bills concerning the claim, or to provide to the party and the insurer or attorney of the party a written authorization to receive the reports, records and bills from the provider of health care. (NRS 690B.042) This bill extends the application of this provision to any passenger car by removing the term “private” from the phrase and newly provides that “passenger car” is defined, for the purposes of this provision, as a motor vehicle designed for carrying 10 persons or less, except a motorcycle or motor-driven cycle.

 

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 690B.042 is hereby amended to read as follows:

      690B.042  1.  Except as otherwise provided in subsection 2, any party against whom a claim is asserted for compensation or damages for personal injury under a policy of motor vehicle insurance covering a [private] passenger car may require any attorney representing the claimant to provide to the party and the insurer or attorney of the party, not more than once every 90 days, all medical reports, records and bills concerning the claim.

      2.  In lieu of providing medical reports, records and bills pursuant to subsection 1, the claimant or any attorney representing the claimant may provide to the party or the insurer or attorney of the party a written authorization to receive the reports, records and bills from the provider of health care. At the written request of the claimant or the attorney of the claimant, copies of all reports, records and bills obtained pursuant to the authorization must be provided to the claimant or the attorney of the claimant within 30 days after the date they are received. If the claimant or the attorney of the claimant makes a written request for the reports, records and bills, the claimant or the attorney of the claimant shall pay for the reasonable costs of copying the reports, records and bills.

 


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ê2013 Statutes of Nevada, Page 490 (Chapter 144, AB 322)ê

 

      3.  Upon receipt of any photocopies of medical reports, records and bills, or a written authorization pursuant to subsection 2, the insurer who issued the policy specified in subsection 1 shall, upon request, immediately disclose to the insured or the claimant all pertinent facts or provisions of the policy relating to any coverage at issue.

      4.  As used in this section, “passenger car” has the meaning ascribed to it in NRS 482.087.

________

CHAPTER 145, SB 101

Senate Bill No. 101–Senator Settelmeyer

 

CHAPTER 145

 

[Approved: May 24, 2013]

 

AN ACT relating to departments of alternative sentencing; authorizing a department of alternative sentencing to supervise certain persons who are released from custody before trial or sentencing; revising the qualifications of the chief of a department of alternative sentencing; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the governing body of each county or city to create a department of alternative sentencing for the purposes of supervising certain persons convicted of misdemeanors and serving suspended sentences or terms of residential confinement. (Chapter 211A of NRS) This bill: (1) authorizes a department of alternative sentencing to supervise persons charged with or convicted of misdemeanors, gross misdemeanors or felonies who have been released from custody before trial or sentencing, subject to the conditions imposed by the court; (2) provides that such persons are generally subject to the same statutory provisions as the other persons currently supervised by a department of alternative sentencing; and (3) revises the qualifications of the chief of a department of alternative sentencing to include experience in pretrial or presentence release.

 

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 211A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Supervised releasee” means a person who has been charged with or convicted of a misdemeanor, gross misdemeanor or felony and who has been released from custody before trial or sentencing, subject to the conditions imposed by the court.

      Sec. 1.3. NRS 211A.010 is hereby amended to read as follows:

      211A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 211A.020 to 211A.070, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

 


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ê2013 Statutes of Nevada, Page 491 (Chapter 145, SB 101)ê

 

      Sec. 1.7. NRS 211A.050 is hereby amended to read as follows:

      211A.050  “Court” means a court having jurisdiction over a person who is charged with a misdemeanor [.] , gross misdemeanor or felony.

      Sec. 2. (Deleted by amendment.)

      Sec. 3.  NRS 211A.080 is hereby amended to read as follows:

      211A.080  The governing body of each county or city may create a department of alternative sentencing to provide a program of supervision for probationers [.] and supervised releasees in accordance with any conditions imposed by the court.

      Sec. 4. NRS 211A.090 is hereby amended to read as follows:

      211A.090  The department : [shall:]

      1.  [Supervise] May supervise a probationer [,] or a supervised releasee who , as a condition of a suspended sentence , [or] a sentence to residential confinement [,] or pretrial or presentence release, is released under the supervision of the department by the court.

      2.  [At] Shall, at the time a probationer or a supervised releasee is released under the supervision of the department:

      (a) Provide the probationer or the supervised releasee with a written statement describing the terms or conditions of the suspended sentence , [or] residential confinement or pretrial or presentence release imposed by the court; and

      (b) Explain the terms or conditions to the probationer [.] or the supervised releasee.

      3.  [Be] Must be knowledgeable about the conduct and activities of each probationer and supervised releasee under the supervision of the department.

      4.  [Use] Shall use all reasonable methods to assist a probationer or a supervised releasee under the supervision of the department to improve his or her conduct and comply with the terms or conditions of his or her suspended sentence , [or] residential confinement [.] or pretrial or presentence release.

      5.  [Collect] Shall collect and disburse any money in accordance with the orders of the court and make a written record of any money so collected or disbursed.

      6.  [Cooperate] Shall cooperate with and assist any agency of law enforcement and any agency providing social services as requested by the court, or as necessary to fulfill the duties of the department.

      Sec. 4.5. NRS 211A.100 is hereby amended to read as follows:

      211A.100  The chief:

      1.  Must be appointed by the action of a majority of the governing body.

      2.  Must have at least 5 years of experience, with an increasing level of responsibility, in the field of law enforcement, corrections or supervision of persons on probation , [or] parole [.] or pretrial or presentence release.

      3.  Is in the unclassified service of the county.

      Sec. 5. NRS 211A.110 is hereby amended to read as follows:

      211A.110  The chief shall:

      1.  Hire assistant alternative sentencing officers and other employees as necessary to carry out the responsibilities of the department within the limitations of appropriations to the department by the governing body.

      2.  Direct the work of all assistants and employees.

      3.  Be responsible for the fiscal affairs of the department.

 


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      4.  Be responsible for the completion of any report regarding an investigation or the supervision of a probationer or a supervised releasee and any report requested by the court or the governing body.

      5.  After reviewing and considering recognized correctional programs and courses for training correctional staff, develop and provide to assistants and other employees training in methods and policies regarding the investigation and supervision of probationers [,] and supervised releasees, the recordkeeping of the department and the reporting on matters relating to probationers [.] and supervised releasees.

      6.  Submit a written report, on or before January 31 of each year, to the governing body and to each court having jurisdiction over a probationer or a supervised releasee under the chief’s supervision, setting forth in detail the activities of the department during the previous calendar year. The report must include statistical data concerning the department’s activities and operations and the probationers or the supervised releasees who were under the supervision of the department during that period.

      7.  Advise the court of any probationer or supervised releasee who has violated the terms or conditions of his or her suspended sentence , [or] residential confinement [.] or pretrial or presentence release.

      Sec. 6. NRS 211A.125 is hereby amended to read as follows:

      211A.125  1.  The chief or an assistant may arrest a probationer or a supervised releasee without a warrant if there is probable cause to believe that the probationer or the supervised releasee has committed an act that constitutes a violation of a condition of his or her suspended sentence , [or] residential confinement [.] or pretrial or presentence release.

      2.  Any other peace officer may arrest a probationer or a supervised releasee upon receipt of a written order by a chief or an assistant stating that there is probable cause to believe that [a] the probationer or the supervised releasee has committed an act that constitutes a violation of a condition of his or her suspended sentence , [or] residential confinement [.] or pretrial or presentence release.

      3.  After making an arrest, the chief, assistant or other peace officer shall immediately notify the [sentencing] court of the arrest of the probationer or the supervised releasee and shall submit a written report setting forth the act that constituted a violation of a condition of the suspended sentence , [or] residential confinement or pretrial or presentence release of the probationer [.] or the supervised releasee.

      4.  A chief, an assistant or another peace officer may immediately release from custody without any further proceedings any probationer or supervised releasee arrested without a warrant pursuant to this section if the chief, assistant or other peace officer determines that there is not probable cause to believe that the person violated the condition of his or her suspended sentence , [or] residential confinement [,] or pretrial or presentence release.

      Sec. 7.  NRS 211A.127 is hereby amended to read as follows:

      211A.127  1.  If a probationer has violated a condition of his or her suspended sentence, the court may, upon its own motion or upon the report and recommendation of the chief or an assistant, do any or all of the following:

      (a) Modify the conditions of the suspension of the sentence.

      (b) Modify and extend the suspension of the sentence, in whole or in part, for a period of not more than 1 year after the date on which the court finds that the probationer has committed the violation, unless a longer period is authorized by specific statute.

 


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finds that the probationer has committed the violation, unless a longer period is authorized by specific statute.

      (c) Revoke the suspension of the sentence, in whole or in part, and cause all or part of the sentence to be executed.

      2.  If a supervised releasee has violated a condition of his or her pretrial or presentence release, the court may, upon its own motion or upon the report and recommendation of the chief or an assistant, do any or all of the following:

      (a) Modify the conditions of his or her pretrial or presentence release.

      (b) Revoke his or her pretrial or presentencing release.

      (c) Consider the violation at the time of sentencing.

      3.  Before taking any action described in subsection 1 [,] or 2, the court shall provide the probationer or the supervised releasee with notice of the proposed action and an opportunity to be heard.

      Sec. 8.  NRS 211A.130 is hereby amended to read as follows:

      211A.130  1.  The governing body shall adopt a schedule of fees to be imposed on probationers or supervised releasees to defray the cost of the supervision of a probationer [.] or a supervised releasee. The schedule adopted must provide for a monthly fee of not less than $20 for the supervision of a probationer [.] or a supervised releasee.

      2.  Except as otherwise provided in subsection 3:

      (a) The department shall charge each probationer or supervised releasee the fee set forth in the schedule adopted pursuant to subsection 1.

      (b) Payment of the required fee by the probationer or the supervised releasee is a condition of his or her suspended sentence , [or] residential confinement [.] or pretrial or presentence release.

      3.  If the chief determines that payment of the fee would result in economic hardship to a probationer [,] or a supervised releasee, the chief may waive the imposition of, or reduce the amount of, the fee. If the chief waives the imposition of the fee, payment of the fee by the probationer or the supervised releasee does not constitute a condition of his or her suspended sentence , [or] residential confinement [.] or pretrial or presentence release.

      Sec. 8.5. NRS 211A.140 is hereby amended to read as follows:

      211A.140  1.  Except as otherwise provided in NRS 239.0115, any information regarding a probationer or a supervised releasee obtained by the chief, an assistant or other employee of the department in the discharge of his or her duties shall be deemed confidential. Except as otherwise provided in subsection 2, the chief, an assistant or other employee of the department shall not disclose such information.

      2.  The chief, an assistant or other employee of the department shall disclose information obtained in the discharge of his or her duties to the court or the district attorney upon request, or to any other person as ordered by the court or as provided by law.

      Sec. 9.  This act becomes effective on July 1, 2013.

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CHAPTER 146, SB 133

Senate Bill No. 133–Senators Goicoechea and Gustavson (by request)

 

Joint Sponsors: Assemblymen Grady; and Ellison

 

CHAPTER 146

 

[Approved: May 24, 2013]

 

AN ACT relating to water; requiring the State Engineer to allow a county to participate in an advisory capacity in the development and implementation of a plan relating to the appropriation of water for beneficial use under certain circumstances; requiring the State Engineer to consider any comment, analysis or other information submitted by a participating county before approving the plan and during the period in which the plan, if approved, is carried out; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The State Engineer, an appointee of the Director of the State Department of Conservation and Natural Resources, manages the appropriation of water in this State. (Title 48 of NRS) This bill requires the State Engineer to allow a county to participate in an advisory capacity in the development and implementation of a plan required by the State Engineer relating to the appropriation of water for beneficial use if the county where the State Engineer has approved the point of diversion requests to participate. This bill also requires the State Engineer to consider any comment, analysis or other information submitted to the State Engineer by the county before approving the plan and during the period in which the plan, if approved, is carried out. Finally, this bill exempts from judicial review a decision by the State Engineer whether or not to include in the plan or to follow any comment, analysis or other information submitted by a participating county.

 

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

      1.  For each new application to appropriate water for a beneficial use filed on or after January 1, 2012, if the State Engineer requires a monitoring, management and mitigation plan as a condition of appropriating water for a beneficial use, the State Engineer shall, within 30 days after requiring the plan and if requested by the county where the State Engineer has approved the point of diversion, allow the county to participate in an advisory capacity in the development and implementation of the plan.

      2.  Before approving any plan developed pursuant to subsection 1 and during the period in which the plan, if approved, is carried out, the State Engineer shall consider any comment, analysis or other information submitted by the participating county. The State Engineer is not required to include any comment, analysis or other information submitted by a participating county in a monitoring, management and mitigation plan required pursuant to this section.

 


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      3.  A decision by the State Engineer whether or not to include in the plan or to follow any comment, analysis or other information submitted by a participating county pursuant to this section is not subject to judicial review pursuant to NRS 533.450.

      Sec. 2. NRS 533.450 is hereby amended to read as follows:

      533.450  1.  [Any] Except as otherwise provided in section 1 of this act, any person feeling aggrieved by any order or decision of the State Engineer, acting in person or through the assistants of the State Engineer or the water commissioner, affecting the person’s interests, when the order or decision relates to the administration of determined rights or is made pursuant to NRS 533.270 to 533.445, inclusive, or NRS 533.481, 534.193, 535.200 or 536.200, may have the same reviewed by a proceeding for that purpose, insofar as may be in the nature of an appeal, which must be initiated in the proper court of the county in which the matters affected or a portion thereof are situated, but on stream systems where a decree of court has been entered, the action must be initiated in the court that entered the decree. The order or decision of the State Engineer remains in full force and effect unless proceedings to review the same are commenced in the proper court within 30 days after the rendition of the order or decision in question and notice thereof is given to the State Engineer as provided in subsection 3.

      2.  The proceedings in every case must be heard by the court, and must be informal and summary, but full opportunity to be heard must be had before judgment is pronounced.

      3.  No such proceedings may be entertained unless notice thereof, containing a statement of the substance of the order or decision complained of, and of the manner in which the same injuriously affects the petitioner’s interests, has been served upon the State Engineer, personally or by registered or certified mail, at the Office of the State Engineer at the State Capital within 30 days following the rendition of the order or decision in question. A similar notice must also be served personally or by registered or certified mail upon the person who may have been affected by the order or decision.

      4.  Where evidence has been filed with, or testimony taken before, the State Engineer, a transcribed copy thereof, or of any specific part of the same, duly certified as a true and correct transcript in the manner provided by law, must be received in evidence with the same effect as if the reporter were present and testified to the facts so certified. A copy of the transcript must be furnished on demand, at actual cost, to any person affected by the order or decision, and to all other persons on payment of a reasonable amount therefor, to be fixed by the State Engineer.

      5.  An order or decision of the State Engineer must not be stayed unless the petitioner files a written motion for a stay with the court and serves the motion personally or by registered or certified mail upon the State Engineer, the applicant or other real party in interest and each party of record within 10 days after the petitioner files the petition for judicial review. Any party may oppose the motion and the petitioner may reply to any such opposition. In determining whether to grant or deny the motion for a stay, the court shall consider:

      (a) Whether any nonmoving party to the proceeding may incur any harm or hardship if the stay is granted;

      (b) Whether the petitioner may incur any irreparable harm if the stay is denied;

 


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      (c) The likelihood of success of the petitioner on the merits; and

      (d) Any potential harm to the members of the public if the stay is granted.

      6.  Except as otherwise provided in this subsection, the petitioner must file a bond in an amount determined by the court, with sureties satisfactory to the court and conditioned in the manner specified by the court. The bond must be filed within 5 days after the court determines the amount of the bond pursuant to this subsection. If the petitioner fails to file the bond within that period, the stay is automatically denied. A bond must not be required for a public agency of this State or a political subdivision of this State.

      7.  Costs must be paid as in civil cases brought in the district court, except by the State Engineer or the State.

      8.  The practice in civil cases applies to the informal and summary character of such proceedings, as provided in this section.

      9.  Appeals may be taken to the Supreme Court from the judgment of the district court in the same manner as in other civil cases.

      10.  The decision of the State Engineer is prima facie correct, and the burden of proof is upon the party attacking the same.

      11.  Whenever it appears to the State Engineer that any litigation, whether now pending or hereafter brought, may adversely affect the rights of the public in water, the State Engineer shall request the Attorney General to appear and protect the interests of the State.

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

________

CHAPTER 147, SB 134

Senate Bill No. 134–Senators Goicoechea, Gustavson; and Cegavske

 

Joint Sponsors: Assemblymen Ellison and Grady

 

CHAPTER 147

 

[Approved: May 24, 2013]

 

AN ACT relating to animals; authorizing a person to apply for a temporary permit to appropriate groundwater to water livestock under certain circumstances; requiring the Department of Wildlife to maintain certain fences; requiring each guzzler to have a notice posted containing certain information; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the water of all sources of water supply in this State belongs to the public and, subject to existing rights, may be appropriated for a beneficial use in accordance with chapter 533 of NRS. (NRS 533.025, 533.030) Existing law also specifically declares that the use of water for watering livestock is a beneficial use and that the right to use water for that purpose may be acquired in the same manner as the right to use water for any other beneficial use. (NRS 533.490) Section 1 of this bill authorizes a person to apply for a temporary permit to appropriate groundwater to water livestock if the point of diversion is located within a county under a declaration of drought, or within a county that is contiguous to a county under such a declaration, by the Governor, the United States Secretary of Agriculture or the President of the United States.

 


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      Sections 2.1-2.5 of this bill exempt an application for such a temporary permit from several requirements in existing law for applications for permits concerning water rights, including publication of notice of the application in a newspaper and authorization for the filing of protests against the granting of the application. This expedited process is similar to the process for the issuance by the State Engineer of temporary permits to appropriate water to establish vegetative cover that is resistant to fire and environmental permits. (NRS 533.436-533.4377)

      Existing law creates the Department of Wildlife and requires the Department to administer the wildlife laws of this State. (NRS 501.331) Section 7 of this bill requires the Department, whenever the Department constructs or causes to be constructed a fence in carrying out its duties, to ensure that the fence is constructed and maintained in such a manner as to prevent livestock from becoming trapped in the fence. Section 8 of this bill requires each guzzler that is placed to have a notice posted on it which provides the telephone number and any other contact information which may be used to notify the person or agency that placed the guzzler if the guzzler is in disrepair. Section 8 defines the term “guzzler” as any artificial basin that collects or is designed and constructed to collect precipitation specifically for use by any wildlife.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 533 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in NRS 533.495 and 533.503, a person may apply for a temporary permit to appropriate groundwater to water livestock if the point of diversion is located within a county under a declaration of drought, or within a county contiguous to a county under such a declaration, by the:

      (a) Governor;

      (b) United States Secretary of Agriculture; or

      (c) President of the United States.

      2.  In addition to the information required by NRS 533.335 and 533.340, an applicant for a temporary permit to appropriate groundwater pursuant to this section shall submit to the State Engineer:

      (a) An affidavit stating that, if the temporary permit is for a well, the holder of the temporary permit will plug and seal the well pursuant to chapter 534 of NRS upon the expiration of the temporary permit; and

      (b) Any other information required by the State Engineer to determine the necessity of the temporary appropriation.

      3.  The State Engineer shall approve an application for a temporary permit to appropriate groundwater pursuant to this section if:

      (a) The application is accompanied by the fee prescribed by this chapter;

      (b) The temporary appropriation is in the public interest; and

      (c) The temporary appropriation does not impair water rights held by other persons.

      4.  A temporary permit to appropriate groundwater issued pursuant to this section must not exceed 1 year in duration.

      Sec. 2. (Deleted by amendment.)

 


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      Sec. 2.1. NRS 533.360 is hereby amended to read as follows:

      533.360  1.  Except as otherwise provided in subsection 4, NRS 533.345 and subsection 2 of NRS 533.370, when an application is filed in compliance with this chapter, the State Engineer shall, within 30 days, publish or cause to be published once a week for 4 consecutive weeks in a newspaper of general circulation and printed and published in the county where the water is sought to be appropriated, a notice of the application which sets forth:

      (a) That the application has been filed.

      (b) The date of the filing.

      (c) The name and address of the applicant.

      (d) The name of the source from which the appropriation is to be made.

      (e) The location of the place of diversion, described by legal subdivision or metes and bounds and by a physical description of that place of diversion.

      (f) The purpose for which the water is to be appropriated.

Ê The publisher shall add thereto the date of the first publication and the date of the last publication.

      2.  Except as otherwise provided in subsection 4, proof of publication must be filed within 30 days after the final day of publication. The State Engineer shall pay for the publication from the application fee. If the application is cancelled for any reason before publication, the State Engineer shall return to the applicant that portion of the application fee collected for publication.

      3.  If the application is for a proposed well:

      (a) For municipal, quasi-municipal or industrial use; and

      (b) Whose reasonably expected rate of diversion is one-half cubic foot per second or more,

Ê the applicant shall mail a copy of the notice of application to each owner of real property containing a domestic well that is within 2,500 feet of the proposed well, to the owner’s address as shown in the latest records of the county assessor. If there are not more than six such wells, notices must be sent to each owner by certified mail, return receipt requested. If there are more than six such wells, at least six notices must be sent to owners by certified mail, return receipt requested. The return receipts from these notices must be filed with the State Engineer before the State Engineer may consider the application.

      4.  The provisions of this section do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 [.] or section 1 of this act.

      Sec. 2.2. NRS 533.363 is hereby amended to read as follows:

      533.363  1.  Except as otherwise provided in subsection 2, if water for which a permit is requested is to be used in a county other than that county in which it is to be appropriated, or is to be diverted from or used in a different county than that in which it is currently being diverted or used, then the State Engineer shall give notice of the receipt of the request for the permit to:

      (a) The board of county commissioners of the county in which the water for which the permit is requested will be appropriated or is currently being diverted or used; and

      (b) The board of county commissioners of the county in which the water will be diverted or used.

      2.  The provisions of subsection 1 do not apply:

 


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      (a) To an environmental permit or a temporary permit issued pursuant to NRS 533.436 [.] or section 1 of this act.

      (b) If:

             (1) The water is to be appropriated and used; or

             (2) Both the current and requested place of diversion or use of the water are,

Ê within a single, contiguous parcel of real property.

      3.  A person who requests a permit to which the provisions of subsection 1 apply shall submit to each appropriate board of county commissioners a copy of the application and any information relevant to the request.

      4.  Each board of county commissioners which is notified of a request for a permit pursuant to this section shall consider the request at the next regular or special meeting of the board held not earlier than 3 weeks after the notice is received. The board shall provide public notice of the meeting for 3 consecutive weeks in a newspaper of general circulation in its county. The notice must state the time, place and purpose of the meeting. At the conclusion of the meeting the board may recommend a course of action to the State Engineer, but the recommendation is not binding on the State Engineer.

      Sec. 2.3. NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

      (a) The application is accompanied by the prescribed fees;

      (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and

      (c) The applicant provides proof satisfactory to the State Engineer of the applicant’s:

             (1) Intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

             (2) Financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

      2.  Except as otherwise provided in subsection 10, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with protectable interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

      3.  In addition to the criteria set forth in subsections 1 and 2, in determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:

      (a) Whether the applicant has justified the need to import the water from another basin;

 


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      (b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

      (c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

      (d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

      (e) Any other factor the State Engineer determines to be relevant.

      4.  Except as otherwise provided in this subsection and subsections 6 and 10 and NRS 533.365, the State Engineer shall approve or reject each application within 2 years after the final date for filing a protest. The State Engineer may postpone action:

      (a) Upon written authorization to do so by the applicant.

      (b) If an application is protested.

      (c) If the purpose for which the application was made is municipal use.

      (d) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368.

      (e) Where court actions or adjudications are pending, which may affect the outcome of the application.

      (f) In areas in which adjudication of vested water rights is deemed necessary by the State Engineer.

      (g) On an application for a permit to change a vested water right in a basin where vested water rights have not been adjudicated.

      (h) Where authorized entry to any land needed to use the water for which the application is submitted is required from a governmental agency.

      (i) On an application for which the State Engineer has required additional information pursuant to NRS 533.375.

      5.  If the State Engineer does not act upon an application in accordance with subsections 4 and 6, the application remains active until approved or rejected by the State Engineer.

      6.  Except as otherwise provided in this subsection and subsection 10, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may postpone action on the application pursuant to subsection 4.

      7.  If the State Engineer has not approved, rejected or held a hearing on an application within 7 years after the final date for filing a protest, the State Engineer shall cause notice of the application to be republished pursuant to NRS 533.360 immediately preceding the time at which the State Engineer is ready to approve or reject the application. The cost of the republication must be paid by the applicant. After such republication, a protest may be filed in accordance with NRS 533.365.

      8.  If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer.

 


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rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 11, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.

      9.  If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if the successor in interest were the former owner whose interest he or she succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer in a timely manner on a form provided by the State Engineer.

      10.  The provisions of subsections 1 to 9, inclusive, do not apply to an application for an environmental permit or a temporary permit issued pursuant to NRS 533.436 [.] or section 1 of this act.

      11.  The provisions of subsection 8 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.

      12.  As used in this section, “domestic well” has the meaning ascribed to it in NRS 534.350.

      Sec. 2.4. NRS 533.380 is hereby amended to read as follows:

      533.380  1.  Except as otherwise provided in subsection 5, in an endorsement of approval upon any application, the State Engineer shall:

      (a) Set a time before which the construction of the work must be completed, which must be within 5 years after the date of approval.

      (b) Except as otherwise provided in this paragraph, set a time before which the complete application of water to a beneficial use must be made, which must not exceed 10 years after the date of the approval. The time set under this paragraph respecting an application for a permit to apply water to a municipal or quasi-municipal use on any land:

             (1) For which a final subdivision map has been recorded pursuant to chapter 278 of NRS;

             (2) For which a plan for the development of a project has been approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (3) On any land for which a plan for the development of a planned unit development has been recorded pursuant to chapter 278A of NRS,

Ê must not be less than 5 years.

      2.  The State Engineer may limit the applicant to a smaller quantity of water, to a shorter time for the completion of work, and, except as otherwise provided in paragraph (b) of subsection 1, to a shorter time for the perfecting of the application than named in the application.

 


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      3.  Except as otherwise provided in subsection 4 and NRS 533.395 and 533.4377, the State Engineer may, for good cause shown, grant any number of extensions of time within which construction work must be completed, or water must be applied to a beneficial use under any permit therefor issued by the State Engineer, but a single extension of time for a municipal or quasi-municipal use for a public water system, as defined in NRS 445A.235, must not exceed 5 years, and any other single extension of time must not exceed 1 year. An application for the extension must in all cases be:

      (a) Made within 30 days following notice by registered or certified mail that proof of the work is due as provided for in NRS 533.390 and 533.410; and

      (b) Accompanied by proof and evidence of the reasonable diligence with which the applicant is pursuing the perfection of the application.

Ê The State Engineer shall not grant an extension of time unless the State Engineer determines from the proof and evidence so submitted that the applicant is proceeding in good faith and with reasonable diligence to perfect the application. The failure to provide the proof and evidence required pursuant to this subsection is prima facie evidence that the holder is not proceeding in good faith and with reasonable diligence to perfect the application.

      4.  Except as otherwise provided in subsection 5 and NRS 533.395, whenever the holder of a permit issued for any municipal or quasi-municipal use of water on any land referred to in paragraph (b) of subsection 1, or for any use which may be served by a county, city, town, public water district or public water company, requests an extension of time to apply the water to a beneficial use, the State Engineer shall, in determining whether to grant or deny the extension, consider, among other factors:

      (a) Whether the holder has shown good cause for not having made a complete application of the water to a beneficial use;

      (b) The number of parcels and commercial or residential units which are contained in or planned for the land being developed or the area being served by the county, city, town, public water district or public water company;

      (c) Any economic conditions which affect the ability of the holder to make a complete application of the water to a beneficial use;

      (d) Any delays in the development of the land or the area being served by the county, city, town, public water district or public water company which were caused by unanticipated natural conditions; and

      (e) The period contemplated in the:

             (1) Plan for the development of a project approved by the local government pursuant to NRS 278.010 to 278.460, inclusive; or

             (2) Plan for the development of a planned unit development recorded pursuant to chapter 278A of NRS,

Ê if any, for completing the development of the land.

      5.  The provisions of subsections 1 and 4 do not apply to an environmental permit or a temporary permit issued pursuant to NRS 533.436 [.] or section 1 of this act.

      6.  For the purposes of this section, the measure of reasonable diligence is the steady application of effort to perfect the application in a reasonably expedient and efficient manner under all the facts and circumstances. When a project or integrated system is composed of several features, work on one feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

 


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ê2013 Statutes of Nevada, Page 503 (Chapter 147, SB 134)ê

 

feature of the project or system may be considered in finding that reasonable diligence has been shown in the development of water rights for all features of the entire project or system.

      Sec. 2.5. NRS 533.400 is hereby amended to read as follows:

      533.400  1.  Except as otherwise provided in subsection 2, on or before the date set in the endorsement of a permit for the application of water to beneficial use, or on the date set by the State Engineer under a proper application for extension therefor, any person holding a permit from the State Engineer to appropriate the public waters of the State of Nevada, to change the place of diversion or the manner or place of use, shall file with the State Engineer a statement under oath, on a form prescribed by the State Engineer. The statement must include:

      (a) The name and post office address of the person making the proof.

      (b) The number and date of the permit for which proof is made.

      (c) The source of the water supply.

      (d) The name of the canal or other works by which the water is conducted to the place of use.

      (e) The name of the original person to whom the permit was issued.

      (f) The purpose for which the water is used.

      (g) If for irrigation, the actual number of acres of land upon which the water granted in the permit has been beneficially used, giving the same by 40-acre legal subdivisions when possible.

      (h) An actual measurement taken by a licensed state water right surveyor or an official or employee of the Office of the State Engineer of the water diverted for beneficial use.

      (i) The capacity of the works of diversion.

      (j) If for power, the dimensions and capacity of the flume, pipe, ditch or other conduit.

      (k) The average grade and difference in elevation between the termini of any conduit.

      (l) The number of months, naming them, in which water has been beneficially used.

      (m) The amount of water beneficially used, taken from actual measurements, together with such other data as the State Engineer may require to become acquainted with the amount of the appropriation for which the proof is filed.

      2.  The provisions of subsection 1 do not apply to a person holding an environmental permit or a temporary permit issued pursuant to NRS 533.436 [.] or section 1 of this act.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. (Deleted by amendment.)

      Sec. 4.5. NRS 533.485 is hereby amended to read as follows:

      533.485  As used in NRS 533.485 to 533.510, inclusive [:] , and section 1 of this act:

      1.  “Public range” means all lands belonging to the United States and to the State of Nevada on which livestock are permitted to graze, including lands set apart as national forests and lands reserved for other purposes.

      2.  “Range livestock” [shall mean] means livestock which during the general period or season when they are being or are proposed to be watered at the place involved [shall be] are subsisting chiefly or entirely by grazing on the public range.

      Sec. 5. (Deleted by amendment.)

 


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ê2013 Statutes of Nevada, Page 504 (Chapter 147, SB 134)ê

 

      Sec. 5.5. NRS 533.510 is hereby amended to read as follows:

      533.510  NRS 533.485 to 533.510, inclusive, and section 1 of this act do not affect the validity of rights to the use of water for watering livestock or other purposes acquired under the previously existing laws of this state or by decree or impair any existing vested or decreed right to the use of water for that purpose.

      Sec. 6. Chapter 501 of NRS is hereby amended by adding thereto the provisions set forth as sections 7 and 8 of this act.

      Sec. 7. If the Department constructs or causes to be constructed a fence in carrying out its duties, the Department shall, to the greatest extent practicable, ensure that the fence is constructed and maintained in such a manner as to prevent livestock from being trapped in the fence.

      Sec. 8. 1. Each guzzler must have posted on it a notice providing the telephone number and any other contact information which may be used to notify the person or agency that placed the guzzler if the guzzler is in disrepair.

      2.  As used in this section, “guzzler” means any artificial basin that collects or is designed and constructed to collect precipitation specifically for use by any wildlife.

      Sec. 9.  For each guzzler specified in section 8 of this act which is placed before October 1, 2013, and which remains in use on that date, the person or agency that placed the guzzler shall comply with the provisions of section 8 of this act on or before October 1, 2014.

________

CHAPTER 148, SB 143

Senate Bill No. 143–Senators Woodhouse, Manendo, Segerblom, Spearman, Parks; Ford, Jones and Kihuen

 

CHAPTER 148

 

[Approved: May 24, 2013]

 

AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to include on certain examinations at least one question testing an applicant’s knowledge of a certain subject; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the Department of Motor Vehicles to require each applicant for an instruction permit, driver’s license or commercial driver’s license to submit to an examination consisting of various areas and subjects, including a test of the applicant’s knowledge of practices for safe driving and the traffic laws of this State. (NRS 483.280, 483.330) As part of the practices for safe driving and the traffic laws of this State, existing law prohibits a person, under certain circumstances, from texting or otherwise using a cellular telephone or other handheld wireless communications device while operating a motor vehicle on a highway in this State, unless the device is used with an accessory which allows the person to communicate without his or her hands. (NRS 484B.165) Sections 1 and 2 of this bill require the Department, if the Department administers an examination concerning practices for safe driving or the traffic laws of this State, to ensure that the examination includes at least one question testing the applicant’s or licensee’s knowledge of the prohibition against texting or otherwise using a cellular telephone or other handheld wireless communications device while operating a motor vehicle upon a highway in this State.

 


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ê2013 Statutes of Nevada, Page 505 (Chapter 148, SB 143)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 483.280 is hereby amended to read as follows:

      483.280  1.  Any person who is at least 15 1/2 years of age may apply to the Department for an instruction permit. The Department may, in its discretion, after the applicant has successfully passed all parts of the examination administered pursuant to NRS 483.330, other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motor vehicle upon the highways for a period of 1 year when accompanied by a licensed driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver, except when the permittee is occupying a motorcycle. The term “licensed driving experience” as used in this subsection does not include driving experience gained under an instruction permit issued pursuant to the provisions of this section.

      2.  The Department may, in its discretion, issue a temporary driver’s permit to an applicant for a driver’s license permitting the applicant to drive a motor vehicle while the Department is completing its investigation and determination of all facts relative to the applicant’s right to receive a driver’s license. The permit must be in the applicant’s immediate possession while driving a motor vehicle, and is invalid when the applicant’s license has been issued or for good cause has been refused.

      3.  The Department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or for a more restricted period, to an applicant who is enrolled in a drivers’ education program which includes practice driving and which is approved by the Department even though the applicant has not reached the legal age to be eligible for a driver’s license. The instruction permit entitles the permittee, when the permittee has the permit in his or her immediate possession, to drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.

      Sec. 2. NRS 483.330 is hereby amended to read as follows:

      483.330  1.  The Department may require every applicant for a driver’s license, including a commercial driver’s license issued pursuant to NRS 483.900 to 483.940, inclusive, to submit to an examination. The examination may include:

      (a) A test of the applicant’s ability to understand official devices used to control traffic;

      (b) A test of the applicant’s knowledge of practices for safe driving and the traffic laws of this State;

      (c) Except as otherwise provided in subsection 2, a test of the applicant’s eyesight; and

      (d) Except as otherwise provided in subsection 3, an actual demonstration of the applicant’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicle for which he or she is to be licensed.

 


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ê2013 Statutes of Nevada, Page 506 (Chapter 148, SB 143)ê

 

Ê The examination may also include such further physical and mental examination as the Department finds necessary to determine the applicant’s fitness to drive a motor vehicle safely upon the highways. If the Department requires an applicant to submit to a test specified in paragraph (b), the Department shall ensure that the test includes at least one question testing the applicant’s knowledge of the provisions of NRS 484B.165.

      2.  The Department may provide by regulation for the acceptance of a report from an ophthalmologist, optician or optometrist in lieu of an eye test by a driver’s license examiner.

      3.  If the Department establishes a type or classification of driver’s license to operate a motor vehicle of a type which is not normally available to examine an applicant’s ability to exercise ordinary and reasonable control of such a vehicle, the Department may, by regulation, provide for the acceptance of an affidavit from a:

      (a) Past, present or prospective employer of the applicant; or

      (b) Local joint apprenticeship committee which had jurisdiction over the training or testing, or both, of the applicant,

Ê in lieu of an actual demonstration.

      4.  The Department may waive an examination pursuant to subsection 1 for a person applying for a Nevada driver’s license who possesses a valid driver’s license of the same type or class issued by another jurisdiction unless that person:

      (a) Has not attained 21 years of age, except that the Department may, based on the driving record of the applicant, waive the examination to demonstrate the applicant’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the same type or class of vehicle for which he or she is to be licensed;

      (b) Has had his or her license or privilege to drive a motor vehicle suspended, revoked or cancelled or has been otherwise disqualified from driving during the immediately preceding 4 years;

      (c) Has been convicted of a violation of NRS 484C.130 or, during the immediately preceding 7 years, of a violation of NRS 484C.110, 484C.120 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct;

      (d) Has restrictions to his or her driver’s license which the Department must reevaluate to ensure the safe driving of a motor vehicle by that person;

      (e) Has had three or more convictions of moving traffic violations on his or her driving record during the immediately preceding 4 years; or

      (f) Has been convicted of any of the offenses related to the use or operation of a motor vehicle which must be reported pursuant to the provisions of Parts 1327 et seq. of Title 23 of the Code of Federal Regulations relating to the National Driver Register Problem Driver Pointer System during the immediately preceding 4 years.

      Sec. 3.  This act becomes effective:

      1.  Upon passage and approval for the purposes of adopting any necessary regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On January 1, 2014, for all other purposes.

________

 


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ê2013 Statutes of Nevada, Page 507ê

 

CHAPTER 149, SB 167

Senate Bill No. 167–Senators Cegavske and Jones

 

CHAPTER 149

 

[Approved: May 24, 2013]

 

AN ACT relating to public health; enacting provisions for the designation of certain hospitals as STEMI receiving centers; authorizing the State Board of Health to adopt regulations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The American Heart Association defines an ST-Elevation Myocardial Infarction (STEMI) as a severe type of heart attack that is caused by a prolonged period of blocked blood supply which affects a large area of the heart and which carries a substantial risk of death and disability. This bill establishes provisions for the Health Division of the Department of Health and Human Services to acknowledge and prepare a list of hospitals that are designated as STEMI receiving centers for meeting the high standards of performance in STEMI care. This bill also authorizes the State Board of Health to adopt regulations relating to such designations. This bill further provides that a licensed hospital which is not designated as a STEMI receiving center may not advertise that the hospital is a STEMI receiving center. This bill does not prohibit any hospital from providing care to a victim of a heart attack, even if the hospital does not receive such a designation.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A hospital licensed pursuant to NRS 449.030 to 449.240, inclusive, may submit to the Health Division proof that the hospital is accredited as a STEMI receiving center. Upon receiving proof that a hospital is accredited as a STEMI receiving center, the Health Division shall include the hospital on the list established pursuant to subsection 2.

      2.  On or before July 1 of each year, the Health Division shall post a list of all hospitals designated as STEMI receiving centers on an Internet website maintained by the Health Division.

      3.  If a hospital wishes to be included as a STEMI receiving center on the list established pursuant to subsection 2, the hospital must annually resubmit the proof required pursuant to this section.

      4.  The Health Division may remove a hospital from the list established pursuant to subsection 2 if the accreditation recognizing the hospital as a STEMI receiving center is suspended or revoked.

      5.  A hospital that is not included on the list established pursuant to subsection 2 shall not represent, advertise or imply that the hospital is designated as a STEMI receiving center.

      6.  The provisions of this section do not prohibit a hospital that is licensed pursuant to NRS 449.030 to 449.240, inclusive, from providing care to a victim of a heart attack if the hospital does not have a designation as a STEMI receiving center.

 


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ê2013 Statutes of Nevada, Page 508 (Chapter 149, SB 167)ê

 

      7.  The Board may adopt regulations to carry out the provisions of this section and to designate hospitals with accreditations similar to those required for designation as a STEMI receiving center.

      8.  As used in this section:

      (a) “STEMI” means a myocardial infarction as indicated by an abnormal elevation of the ST segment of an electrocardiogram that is administered to a patient.

      (b) “STEMI receiving center” means a hospital that is accredited by the Society of Cardiovascular Patient Care, in conjunction with the initiative developed by the American Heart Association known as the “Mission: Lifeline initiative,” or an equivalent organization approved by the Health Division, as having met specific standards of performance in the receipt and treatment of a patient with STEMI.

      Sec. 2.  This act becomes effective on January 1, 2014.

________

CHAPTER 150, SB 178

Senate Bill No. 178–Senators Manendo, Hardy, Woodhouse, Kihuen, Atkinson; Brower, Cegavske, Denis, Ford, Goicoechea, Gustavson, Hammond, Hutchison, Jones, Kieckhefer, Parks, Roberson, Segerblom, Settelmeyer, Smith and Spearman

 

CHAPTER 150

 

[Approved: May 24, 2013]

 

AN ACT relating to legislative measures; authorizing the Nevada Silver Haired Legislative Forum to request the drafting of not more than one legislative measure for each regular session of the Legislature; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the Nevada Silver Haired Legislative Forum and prescribes the powers and duties of the Forum. (NRS 427A.320-427A.400) Existing law further prescribes the number of legislative measures which may be requested by various departments, agencies and other entities of this State for each regular session of the Legislature. (NRS 218D.100-218D.215)

      This bill authorizes the Forum to request for each regular session of the Legislature the drafting of not more than one legislative measure which relates to matters within the scope of the Forum.

 

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 218D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For a regular session, the Nevada Silver Haired Legislative Forum created by NRS 427A.320 may request the drafting of not more than 1 legislative measure which relates to matters within the scope of the Forum. The request must be submitted to the Legislative Counsel on or before September 1 preceding the regular session.

 


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ê2013 Statutes of Nevada, Page 509 (Chapter 150, SB 178)ê

 

      2.  A request made pursuant to this section must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this section must be prefiled on or before December 20 preceding the regular session. A legislative measure that is not prefiled on or before that date shall be deemed withdrawn.

      Sec. 2. NRS 218D.100 is hereby amended to read as follows:

      218D.100  1.  The provisions of NRS 218D.100 to 218D.215, inclusive, and section 1 of this act apply to requests for the drafting of legislative measures for a regular session.

      2.  Except as otherwise provided by a specific statute, joint rule or concurrent resolution, the Legislative Counsel shall not honor a request for the drafting of a legislative measure if the request:

      (a) Exceeds the number of requests authorized by NRS 218D.100 to 218D.215, inclusive, and section 1 of this act for the requester; or

      (b) Is submitted by an authorized nonlegislative requester pursuant to NRS 218D.175 to 218D.215, inclusive, and section 1 of this act but is not in a subject related to the function of the requester.

      3.  The Legislative Counsel shall not:

      (a) Except as otherwise provided in NRS 218D.150, 218D.155 and 218D.160, assign a number to a request for the drafting of a legislative measure to establish the priority of the request until sufficient detail has been received to allow complete drafting of the legislative measure.

      (b) Honor a request to change the subject matter of a request for the drafting of a legislative measure after it has been submitted for drafting.

      (c) Honor a request for the drafting of a legislative measure which has been combined in violation of Section 17 of Article 4 of the Nevada Constitution.

________

CHAPTER 151, SB 181

Senate Bill No. 181–Senator Kieckhefer

 

Joint Sponsor: Assemblyman Bobzien

 

CHAPTER 151

 

[Approved: May 24, 2013]

 

AN ACT relating to fishing; requiring the Department of Wildlife to issue special fishing permits to certain social groups for use for the benefit of adults with disabilities; deleting the limit on the maximum number of persons that may fish under a special fishing permit; requiring the persons who are fishing to be with an officer or employee of the organization who possesses a valid fishing license; authorizing the Director of the Department or his or her designee to require the Department to expedite the issuance of a special fishing permit in certain circumstances; and providing other matters properly relating thereto.

 

 


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ê2013 Statutes of Nevada, Page 510 (Chapter 151, SB 181)ê

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Wildlife to issue special fishing permits to certain public or private nonprofit organizations which authorize no more than 15 persons associated with the organization to fish under the supervision of an officer or employee of the organization. (NRS 502.077) This bill: (1) includes a public or private club, foundation, program, educational institution or other social group that will use the permit for the benefit of adults with disabilities within the list of nonprofit organizations that may obtain a special fishing permit; (2) requires that at least one officer or employee of the organization be in possession of a valid Nevada fishing license and be present with the persons who are fishing pursuant to the special permit; (3) removes the limitation on the maximum number of persons who may fish under a special fishing permit; and (4) authorizes the Director of the Department or his or her designee to expedite an application for and the approval of the issuance of a special fishing permit under certain circumstances.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 502.077 is hereby amended to read as follows:

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

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

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

      (c) Rehabilitation center within a hospital;

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

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

      (f) Club, foundation, program, educational institution or other social group operated for the benefit of children [.] ; and

      (g) Club, foundation, program, educational institution or other social group that will use the permit for the benefit of adults with disabilities.

      2.  [The permits:] A special fishing permit issued pursuant to this section:

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

      (b) [Authorize] Authorizes a member, adult with a disability, student, pupil, patient or child to fish in a legal manner if :

            (1) The member, adult with a disability, student, pupil, patient or child is in the company of an officer or employee of one of the organizations listed in this section [if the officer or employee has a valid Nevada fishing license.] ; and

             (2) At least one officer or employee of the organization described in subparagraph (1) is both in possession of a valid Nevada fishing license and present at the site of the event at which fishing is occurring pursuant to the special fishing permit.

      (c) [Must] Except as otherwise provided in subsection 5, must be issued pursuant and subject to regulations prescribed by the Commission.

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

 


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ê2013 Statutes of Nevada, Page 511 (Chapter 151, SB 181)ê

 

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

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

      4.  It is unlawful for any person other than a member, adult with a disability, student, pupil, patient or child who is in one of these organizations or who is supervised by and in the company of an officer or employee of one of these organizations pursuant to paragraphs (a) and (b) of subsection 2 to fish with a permit issued by the Department pursuant to this section.

      5.  The Director or his or her designee may require the Department to expedite an application for and the approval of the issuance of a special fishing permit pursuant to subsection 1 if the Director or his or her designee determines that special circumstances exist which require such an action.

      6.  As used in this section, “disability” means, with respect to a person:

      (a) A physical or mental impairment that substantially limits one or more of the major life functions of the person;

      (b) A record of having such an impairment; or

      (c) Being regarded as having such an impairment.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 152, SB 206

Senate Bill No. 206–Senators Ford, Kihuen, Denis, Jones, Smith; Atkinson, Cegavske, Parks, Settelmeyer, Spearman and Woodhouse

 

Joint Sponsors: Assemblymen Spiegel, Frierson, Healey; Bustamante Adams and Duncan

 

CHAPTER 152

 

[Approved: May 24, 2013]

 

AN ACT relating to food establishments; revising the definition of “food establishment” for purposes of provisions regulating such establishments; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires a person to obtain a permit to operate a food establishment and to comply with various other requirements in the operation of the food establishment. (NRS 446.870) Existing law defines the term “food establishment” for those purposes and specifically excludes certain entities from the definition, including private homes where the food that is prepared or manufactured in the home is not provided for compensation or other consideration of any kind. (NRS 446.020) This bill adds to the list of entities that are excluded from the definition of “food establishment” a cottage food operation that: (1) manufactures or prepares certain food items for sale; (2) meets certain requirements relating to the preparation, labeling and sale of those food items; and (3) registers with the health authority. This bill also prohibits a local government from adopting any ordinance or other regulation that prohibits a person from preparing food in a cottage food operation within the person’s private home.

 


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ê2013 Statutes of Nevada, Page 512 (Chapter 152, SB 206)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 446 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A cottage food operation which manufacturers or prepares a food item by any manner or means whatever for sale, or which offers or displays a food item for sale, is not a “food establishment” pursuant to paragraph (h) of subsection 2 of NRS 446.020 if each such food item is:

      (a) Sold on the private property of the natural person who manufactures or prepares the food item or at a location where the natural person who manufactures or prepares the food item sells the food item directly to a consumer, including, without limitation, a farmers’ market licensed pursuant to chapter 244 or 268 of NRS, flea market, swap meet, church bazaar, garage sale or craft fair, by means of an in-person transaction that does not involve selling the food item by telephone or via the Internet;

      (b) Sold to a natural person for his or her consumption and not for resale;

      (c) Affixed with a label which complies with the federal labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101;

      (d) Labeled with “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION” printed prominently on the label for the food item;

      (e) Prepackaged in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers; and

      (f) Prepared and processed in the kitchen of the private home of the natural person who manufactures or prepares the food item or, if allowed by the health authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization.

      2.  No local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county may adopt any ordinance or other regulation that prohibits a natural person from preparing food in a cottage food operation.

      3.  Each natural person who wishes to conduct a cottage food operation must, before selling any food item, register the cottage food operation with the health authority by submitting such information as the health authority deems appropriate, including, without limitation:

      (a) The name, address and contact information of the natural person conducting the cottage food operation; and

      (b) If the cottage food operation sells food items under a name other than the name of the natural person who conducts the cottage food operation, the name under which the cottage food operation sells food items.

      4.  The health authority may charge a fee for the registration of a cottage food operation pursuant to subsection 3 in an amount not to exceed the actual cost of the health authority to establish and maintain a registry of cottage food operations.

 


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ê2013 Statutes of Nevada, Page 513 (Chapter 152, SB 206)ê

 

      5.  The health authority may inspect a cottage food operation only to investigate a food item that may be deemed to be adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item. The cottage food operation shall cooperate with the health authority in any such inspection. If, as a result of such inspection, the health authority determines that the cottage food operation has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the health authority may charge and collect from the cottage food operation a fee in an amount that does not exceed the actual cost of the health authority to conduct the investigation.

      6.  As used in this section:

      (a) “Cottage food operation” means a natural person who manufactures or prepares food items in his or her private home or, if allowed by the health authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization, for sale to a natural person for consumption and whose gross sales of such food items are not more than $35,000 per calendar year.

      (b) “Food item” means:

             (1) Nuts and nut mixes;

             (2) Candies;

             (3) Jams, jellies and preserves;

             (4) Vinegar and flavored vinegar;

             (5) Dry herbs and seasoning mixes;

             (6) Dried fruits;

             (7) Cereals, trail mixes and granola;

             (8) Popcorn and popcorn balls; or

             (9) Baked goods that:

                   (I) Are not potentially hazardous foods;

                   (II) Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes; and

                   (III) Do not require time or temperature controls for food safety.

      Sec. 2. NRS 446.020 is hereby amended to read as follows:

      446.020  1.  Except as otherwise limited by subsection 2, “food establishment” means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.

      2.  The term does not include:

      (a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind;

      (b) Fraternal or social clubhouses at which attendance is limited to members of the club;

      (c) Vehicles operated by common carriers engaged in interstate commerce;

      (d) Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public;

 


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organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public;

      (e) Any establishment where animals are slaughtered which is regulated and inspected by the State Department of Agriculture;

      (f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS; [or]

      (g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers [.] ; or

      (h) A cottage food operation that meets the requirements of section 1 of this act with respect to food items as defined in that section.

      Sec. 3.  This act becomes effective on July 1, 2013.

________

CHAPTER 153, SB 233

Senate Bill No. 233–Senators Cegavske; and Hardy

 

CHAPTER 153

 

[Approved: May 24, 2013]

 

AN ACT relating to land use planning; repealing zoning provisions concerning group homes that conflict with federal law; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing state law, a “residential establishment” is defined to include certain homes for individual residential care, halfway houses for recovering alcohol and drug abusers and residential facilities for groups. (NRS 278.02384) Existing state law, in relevant part, provides that in a county whose population is 100,000 or more (currently Clark and Washoe Counties), the governing body of the county, and of each city in such a county (currently Boulder City, Henderson, Las Vegas, Mesquite, North Las Vegas, Reno and Sparks) is required to establish by ordinance a minimum distance between residential establishments that is at least 1,500 feet but not more than 2,500 feet. (NRS 278.02386) Existing state law also establishes a registry of “group homes,” which includes residential establishments and facilities providing similar services, and requires the governing body of each county and city to ensure that the zoning of residential establishments is carried out in observance of any mandatory minimum distances. (NRS 278.02387, 278.02388)

      Existing federal law, with respect to persons with disabilities, expressly preempts conflicting state laws which discriminate in housing on the basis of disability or which fail to afford such persons the reasonable accommodations necessary to use and enjoy a dwelling. As held by the United States District Court for the District of Nevada, the provisions of the federal Fair Housing Amendments Act (42 U.S.C. §§ 3601 et seq.) preempt NRS 278.0238 to 278.02388, inclusive. (Nevada Fair Housing Center, Inc. v. Clark County, 565 F.Supp. 2d 1178 (D. Nev. 2008))

      This bill repeals each section of the Nevada Revised Statutes which the federal District Court held in Nevada Fair Housing Center to be federally preempted, including the provision which directs certain governing bodies to establish a minimum distance between residential establishments.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 449.040 is hereby amended to read as follows:

      449.040  Any person, state or local government or agency thereof desiring a license under the provisions of NRS 449.030 to 449.240, inclusive, must file with the Health Division an application on a form prescribed, prepared and furnished by the Health Division, containing:

      1.  The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.

      2.  The type of facility to be operated.

      3.  The location of the facility.

      4.  In specific terms, the nature of services and type of care to be offered, as defined in the regulations.

      5.  The number of beds authorized by the Director of the Department of Health and Human Services or, if such authorization is not required, the number of beds the facility will contain.

      6.  The name of the person in charge of the facility.

      7.  Such other information as may be required by the Health Division for the proper administration and enforcement of NRS 449.030 to 449.240, inclusive.

      8.  Evidence satisfactory to the Health Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the facility for which application is made. If the applicant is a political subdivision of the State or other governmental agency, similar evidence must be submitted as to the person in charge of the institution for which application is made.

      9.  Evidence satisfactory to the Health Division of the ability of the applicant to comply with the provisions of NRS 449.030 to 449.240, inclusive, and the standards and regulations adopted by the Board.

      10.  Evidence satisfactory to the Health Division that the facility conforms to the zoning regulations of the local government within which the facility will be operated or that the applicant has applied for an appropriate reclassification, variance, permit for special use or other exception for the facility.

      [11.  If the facility to be licensed is a residential establishment as defined in NRS 278.02384, and if the residential establishment is subject to the distance requirements set forth in subsection 3 of NRS 278.02386, evidence satisfactory to the Health Division that the residential establishment will be located and operated in accordance with the provisions of that subsection.]

      Sec. 2. NRS 278.0238, 278.02381, 278.02382, 278.02383, 278.02384, 278.02385, 278.02386, 278.02387 and 278.02388 are hereby repealed.

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

________

 


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CHAPTER 154, SB 20

Senate Bill No. 20–Committee on Education

 

CHAPTER 154

 

[Approved: May 25, 2013]

 

AN ACT relating to governmental publications; revising provisions governing the submission of certain publications to the State Publications Distribution Center by certain state agencies and local governments; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the State Publications Distribution Center within the State Library and Archives. (NRS 378.170) Under existing law, state agencies and local governments, with certain exceptions, are required to deposit paper copies of certain publications, upon release, with the Center for distribution to certain libraries throughout the State. If such a state agency or local government releases a publication in an electronic format or medium, the state agency or local government is required to notify the Center of the release and provide the Center with access to the publication. (NRS 378.180) A “publication” is defined to include any information in any format or medium that is: (1) produced pursuant to the authority or at the expense of a state agency or local government; (2) required by law to be distributed by a state agency or local government; or (3) distributed publicly by a state agency or local government outside that state agency or local government. (NRS 378.160)

      Section 1 of this bill excludes from the definition of “publication” certain records of a local government which have been scheduled for disposition or retention.

      Section 3 of this bill reduces the number of paper copies of a publication that a state agency or local government is required to deposit with the Center. Unless a publication is available only in paper form, section 3 requires a state agency or local government to provide the Center with an electronic version of the publication in lieu of depositing paper copies. If the publication is available only in paper form at the time copies are deposited with the Center, but is later released in an electronic format or medium, section 3 also requires the state agency or local government to provide the Center with an electronic version of the publication when it becomes available. Finally, section 3 prescribes requirements for the submission of an electronic version of a publication to the Center by a state agency or local government. Section 2 of this bill requires the State Library and Archives Administrator to adopt regulations prescribing the procedures for submitting an electronic version of a publication to the Center.

 

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 378.160 is hereby amended to read as follows:

      378.160  As used in NRS 378.150 to 378.210, inclusive:

      1.  “Center” means the State Publications Distribution Center created by NRS 378.170.

      2.  “Depository library” means a library with which the Center has entered into an agreement pursuant to NRS 378.190.

      3.  “Local government” means every political subdivision or other entity which has the right to levy or receive money from ad valorem or other taxes or any mandatory assessments, and includes, without limitation, counties, cities, towns, boards, school districts and other districts organized pursuant to chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision.

 


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chapters 244A, 309, 318, 379, 474, 541, 543 and 555 of NRS, NRS 450.550 to 450.750, inclusive, and any agency or department of a county or city which prepares a budget separate from that of the parent political subdivision. The term includes the Nevada Rural Housing Authority.

      4.  “Publication” includes any information in any format or medium that is produced pursuant to the authority of or at the total or partial expense of a state agency or local government, is required by law to be distributed by a state agency or local government, or is distributed publicly by a state agency or local government outside that state agency or local government. The term does not include:

      (a) Nevada Revised Statutes with annotations;

      (b) Nevada Reports;

      (c) Bound volumes of the Statutes of Nevada;

      (d) Items published by the University of Nevada Press and other information disseminated by the Nevada System of Higher Education which is not designed for public distribution; [or]

      (e) Official state records scheduled for retention and disposition pursuant to NRS 239.080 [.] ; or

      (f) Records of a local government which have been scheduled for disposition pursuant to NRS 239.124 or retention pursuant to NRS 239.125.

      5.  “State agency” includes the Legislature, constitutional officers or any department, division, bureau, board, commission or agency of the State of Nevada.

      Sec. 2. NRS 378.170 is hereby amended to read as follows:

      378.170  1.  There is hereby created within the State Library and Archives a State Publications Distribution Center.

      2.  The State Library and Archives Administrator [may make] :

      (a) Except as otherwise provided in paragraph (b), may adopt such regulations as may be necessary to carry out the purposes of the Center.

      (b) Shall adopt regulations prescribing the procedures for submitting an electronic version of a publication to the Center pursuant to NRS 378.180.

      Sec. 3. NRS 378.180 is hereby amended to read as follows:

      378.180  1.  [Every] Except as otherwise provided in this subsection, every state agency shall:

      [(a) For each publication of the state agency that was published, printed or copied by the state agency itself or by a private printer, deposit with the Center, upon release, 12 copies of the publication.] , upon release of each of its publications, provide the Center with an electronic version of the publication.

      [(b) For each publication printed for or on behalf of the state agency by the State Printing Office:

             (1) In addition to the number of copies otherwise required by the state agency, request the State Printing Office to print 12 copies of that publication; and

             (2) Deposit or request the State Printing Office to deposit those additional copies] If a publication is available only in paper form, the state agency shall deposit 10 copies of the publication with the Center.

      2.  [Every] Except as otherwise provided in this subsection, every local government shall, upon release [,] of each of its publications, [deposit with the Center at least six copies of each of its publications.] provide the Center with an electronic version of the publication.

 


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with an electronic version of the publication. If a publication is available only in paper form, the local government shall deposit six copies of the publication with the Center.

      3.  [Every] If a publication is available only in paper form at the time copies are deposited with the Center pursuant to subsection 1 or 2, every state agency and local government shall, upon release of [a] the publication in an electronic format or medium, [notify the Center of such release and] provide the Center with [access to] an electronic version of the publication.

      4.  If a state agency or local government provides an electronic version of a publication to the Center pursuant to this section, the state agency or local government shall:

      (a) Include, in a conspicuous location at or near the beginning of the publication, the date on which the publication was initially released by the state agency or local government; and

      (b) Submit the electronic version of the publication in accordance with regulations adopted by the State Library and Archives Administrator pursuant to NRS 378.170.

      Sec. 4.  This act becomes effective upon passage and approval.

________

CHAPTER 155, SB 31

Senate Bill No. 31–Committee on Judiciary

 

CHAPTER 155

 

[Approved: May 25, 2013]

 

AN ACT relating to children; revising provisions concerning the release of certain information relating to a child subject to the jurisdiction of the juvenile court; revising provisions governing the release of certain information maintained by agencies which provide child welfare services; revising provisions concerning certain federal educational assistance for homeless children; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1.2 of this bill authorizes directors of juvenile services, chief juvenile probation officers and the Chief of the Youth Parole Bureau, or his or her designee, to release, upon written request and good cause shown, certain information concerning a child who is within the purview of the juvenile court to certain other persons involved in the juvenile justice system. Under section 1.2: (1) any information released must be kept confidential by the recipient of the information and be provided only to a person authorized by section 1.2 to receive the information; and (2) the information may not be used to deny a child access to any services for which the child would otherwise be eligible.

      Section 1.2 also authorizes the release of certain information concerning a child who is within the purview of the juvenile court for the purposes of: (1) certain research concerning juvenile justice services if the information is provided in the aggregate and without the inclusion of personal identifying information; and (2) for the purposes of oversight of an agency, department or office providing services relating to juvenile justice. Section 1.4 of this bill authorizes the inspection of sealed juvenile justice records for research purposes.

 


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ê2013 Statutes of Nevada, Page 519 (Chapter 155, SB 31)ê

 

      Sections 2 and 4 of this bill enact provisions governing the application of the federal McKinney-Vento Homeless Assistance Act of 1987 to children in the protective custody of an agency which provides child welfare services.

      Sections 4.4, 4.6 and 4.8 of this bill authorize an agency which provides child welfare services to release certain information concerning reports or investigations of the alleged abuse or neglect of a child to certain agencies, persons and entities and provide for the confidentiality of such information. Section 4.8 also authorizes an agency which provides child welfare services to charge a fee for processing costs reasonably necessary to prepare the information for release.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.2. Chapter 62H of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Juvenile justice information must be maintained in accordance with federal law, and any provision of federal law authorizing the release of juvenile justice information must be construed as broadly as possible in favor of the release of juvenile justice information.

      2.  For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and well-being of a child, a director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee, may, upon written request and good cause shown, share appropriate juvenile justice information with:

      (a) A director of juvenile services or his or her designee;

      (b) The Chief of the Youth Parole Bureau or his or her designee;

      (c) A district attorney or his or her designee;

      (d) An attorney representing the child;

      (e) The director of a state agency which administers juvenile justice or his or her designee;

      (f) A director of a state, regional or local facility for the detention of children or his or her designee;

      (g) The director of an agency which provides child welfare services or his or her designee;

      (h) A guardian ad litem or court appointed special advocate who represents the child;

      (i) A parent or guardian of the child if the release of the information to the parent or guardian is consistent with the purposes of this section; or

      (j) The child to whom the juvenile justice information pertains if the child has reached the age of majority.

      3.  A written request for juvenile justice information pursuant to subsection 2 may be made only for the purpose of determining the appropriate placement of the child pursuant to the provisions of chapter 432B of NRS, the appropriate treatment or services to be provided to the child or the appropriate conditions of probation or parole to be imposed on the child. The written request must state the reason that the juvenile justice information is requested. A written request for juvenile justice information may be refused if:

      (a) The request does not demonstrate good cause for the release of the information; or

 


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      (b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject.

Ê A refusal pursuant to this subsection must be made in writing to the person or entity requesting the information not later than 3 days after receipt of the request, excluding Saturdays, Sundays and holidays.

      4.  Any juvenile justice information provided pursuant to this section is confidential, must be provided only to those persons listed in subsection 2 and must be maintained in accordance with any applicable laws and regulations.

      5.  Any juvenile justice information provided pursuant to this section may not be used to deny a child access to any service for which the child would otherwise be eligible, including, without limitation:

      (a) Educational services;

      (b) Social services;

      (c) Mental health services;

      (d) Medical services; or

      (e) Legal services.

      6.  A director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee, may release juvenile justice information:

      (a) In the aggregate and without personal identifying information included, to a person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services.

      (b) As deemed necessary by a legislative body of this State or a local government in this State to conduct an audit or proper oversight of any department, agency or office providing services related to juvenile justice.

      7.  As used in this section, “juvenile justice information” means any information maintained by a director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee, which is directly related to a child in need of supervision, a delinquent child or any other child who is otherwise subject to the jurisdiction of the juvenile court.

      Sec. 1.4. NRS 62H.170 is hereby amended to read as follows:

      62H.170  1.  Except as otherwise provided in this section, if the records of a person are sealed:

      (a) All proceedings recounted in the records are deemed never to have occurred; and

      (b) The person may reply accordingly to any inquiry concerning the proceedings and the acts which brought about the proceedings.

      2.  The juvenile court may order the inspection of records that are sealed if:

      (a) The person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the persons named in the petition;

      (b) An agency charged with the medical or psychiatric care of the person who is the subject of the records petitions the juvenile court to permit the inspection of the records by the agency; [or]

      (c) A district attorney or an attorney representing a defendant in a criminal action petitions the juvenile court to permit the inspection of the records to obtain information relating to the persons who were involved in the acts detailed in the records [.] ; or

      (d) The juvenile court determines that the inspection of the records is necessary to:

 


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             (1) Perform bona fide outcome and recidivism studies;

             (2) Further bona fide research to determine the effectiveness of juvenile justice services;

             (3) Improve the delivery of juvenile justice services; or

             (4) Obtain additional resources for the delivery of juvenile justice services.

Ê Personal identifying information contained in records inspected pursuant to this paragraph must remain confidential in a manner consistent with any applicable laws and regulations.

      3.  Upon its own order, any court of this State may inspect records that are sealed if the records relate to a person who is less than 21 years of age and who is to be sentenced by the court in a criminal proceeding.

      Sec. 1.6. NRS 218G.555 is hereby amended to read as follows:

      218G.555  1.  Except as otherwise provided in subsections 2 and 3, upon request, the Legislative Auditor or the Legislative Auditor’s designee shall provide data and information obtained pursuant to NRS 218G.550 concerning a child who suffered a fatality or near fatality who had contact with or who was in the custody of an agency which provides child welfare services. The data or information which must be disclosed includes, without limitation:

      (a) A summary of the report of the abuse or neglect of the child and a factual description of the contents of the report;

      (b) The date of birth and gender of the child;

      (c) The date that the child suffered the fatality or near fatality;

      (d) The cause of the fatality or near fatality, if such information has been determined;

      (e) Whether the agency which provides child welfare services had any contact with the child or a member of the child’s family or household before the fatality or near fatality and, if so:

             (1) The frequency of any contact or communication with the child or a member of the child’s family or household before the fatality or near fatality and the date on which the last contact or communication occurred before the fatality or near fatality;

             (2) Whether the agency which provides child welfare services provided any child welfare services to the child or to a member of the child’s family or household before or at the time of the fatality or near fatality;

             (3) Whether the agency which provides child welfare services made any referrals for child welfare services for the child or for a member of the child’s family or household before or at the time of the fatality or near fatality;

             (4) Whether the agency which provides child welfare services took any other actions concerning the welfare of the child before or at the time of the fatality or near fatality; and

             (5) A summary of the status of the child’s case at the time of the fatality or near fatality, including, without limitation, whether the child’s case was closed by the agency which provides child welfare services before the fatality or near fatality and, if so, the reasons that the case was closed; and

      (f) Whether the agency which provides child welfare services, in response to the fatality or near fatality:

             (1) Has provided or intends to provide child welfare services to the child or to a member of the child’s family or household;

 


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             (2) Has made or intends to make a referral for child welfare services for the child or for a member of the child’s family or household; and

             (3) Has taken or intends to take any other action concerning the welfare and safety of the child or a member of the child’s family or household.

      2.  The Legislative Auditor or his or her designee shall not disclose information pursuant to subsection 1 unless the person making the request has requested such information from the agency which provides child welfare services and has been denied access to such information or has not received the information in a timely manner.

      3.  The Legislative Auditor or his or her designee shall not disclose the following data or information pursuant to subsection 1:

      (a) Except as otherwise provided in [subsection 3 of] NRS 432B.290, data or information concerning the identity of the person responsible for reporting the abuse or neglect of the child to a public agency;

      (b) The name of the child who suffered a near fatality or the name of any member of the family or other person who lives in the household of the child who suffered the fatality or near fatality;

      (c) A privileged communication between an attorney and client; or

      (d) Information that may undermine a criminal investigation or pending criminal prosecution.

      Sec. 1.8. NRS 392B.110 is hereby amended to read as follows:

      392B.110  1.  The legal guardian or custodian of a child may submit to the Department an application to participate in the Program if:

      (a) The child has been placed in a foster home; and

      (b) The child is enrolled in a public school or is not enrolled in a school because the child has not attained the age required for enrollment.

      2.  A legal guardian or custodian of a child, as applicable:

      (a) Must include in the application the name of the public school in which the child is enrolled, if applicable, and the name of the school in which the legal guardian or custodian of the child wishes to enroll the child. The public school in which the child wishes to enroll does not have to be located in the school district in which the child resides.

      (b) May include in the application a statement describing the reason for requesting that the child participate in the Program.

      3.  Upon receipt of an application pursuant to subsection 1, the Department shall notify the school district in which the child resides and the school district in which the child wishes to enroll, if applicable, that an application to participate in the Program has been submitted on behalf of the child.

      4.  The Department shall approve an application if the application satisfies the requirements of subsections 1 and 2.

      5.  Upon approval of an application, the Department shall provide a written statement of approval to the legal guardian or custodian of the child, as applicable, and the public school in which the child will be enrolled. Upon denial of an application, the Department shall provide a written statement of denial to the legal guardian or custodian of the child indicating the reason for the denial.

      6.  In determining whether to accept or deny an application submitted pursuant to subsection 1, the Department, in coordination with the board of trustees of the school district in which the child resides and the board of trustees of the school district in which the child wishes to attend school, if applicable, shall consider the best interests of the child in continuing the child’s education in the public school in which the child was enrolled before the child was placed in a foster home or in transferring to another public school within this State.

 


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applicable, shall consider the best interests of the child in continuing the child’s education in the public school in which the child was enrolled before the child was placed in a foster home or in transferring to another public school within this State. Every effort must be made to enroll the child in the public school requested by the legal guardian or custodian of the child pursuant to subsection 2.

      7.  Neither the board of trustees of the school district in which the child resides nor the board of trustees of the school district in which the child attends school, if applicable, is required to provide transportation for the child to attend a public school which the child is not zoned to attend.

      8.  A child who is under the care, or in the legal or physical custody, of an agency which provides child welfare services, as defined in NRS 432B.030, is exempt from the provisions of this section and shall attend school in accordance with the federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. § 11301 et seq., and any regulations adopted pursuant thereto.

      Sec. 2. Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 2.5, 3 and 4 of this act.

      Sec. 2.5. “Information maintained by an agency which provides child welfare services” means data or information concerning reports and investigations made pursuant to this chapter, including, without limitation, the name, address, date of birth, social security number and the image or likeness of any child, family member of any child and reporting party or source, whether primary or collateral.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. 1.  A child who is in the legal or physical custody of an agency which provides child welfare services and is awaiting foster care placement shall be deemed to be homeless for the purposes of the federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. § 11301 et seq., and any regulations adopted pursuant thereto. If a child is legally adopted or ordered by a court of competent jurisdiction to a permanent placement, the child is no longer deemed homeless for the purposes of the federal McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. § 11301 et seq., and any regulations adopted pursuant thereto.

      2.  For the purpose of this section, “awaiting foster care placement” means the period during which a child is removed from his or her home until he or she is legally adopted or enters a permanent placement.

      Sec. 4.2. NRS 432B.010 is hereby amended to read as follows:

      432B.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432B.020 to 432B.110, inclusive, and section 2.5 of this act have the meanings ascribed to them in those sections.

      Sec. 4.4. NRS 432B.175 is hereby amended to read as follows:

      432B.175  1.  Data or information concerning reports and investigations thereof made pursuant to this chapter must be made available pursuant to this section to any member of the general public upon request if the child who is the subject of a report of abuse or neglect suffered a fatality or near fatality. Any such data and information which is known must be made available not later than 48 hours after a fatality and not later than 5 business days after a near fatality. Except as otherwise provided in subsection 2, the data or information which must be disclosed includes, without limitation:

 


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      (a) A summary of the report of abuse or neglect and a factual description of the contents of the report;

      (b) The date of birth and gender of the child;

      (c) The date that the child suffered the fatality or near fatality;

      (d) The cause of the fatality or near fatality, if such information has been determined;

      (e) Whether the agency which provides child welfare services had any contact with the child or a member of the child’s family or household before the fatality or near fatality and, if so:

             (1) The frequency of any contact or communication with the child or a member of the child’s family or household before the fatality or near fatality and the date on which the last contact or communication occurred before the fatality or near fatality;

             (2) Whether the agency which provides child welfare services provided any child welfare services to the child or to a member of the child’s family or household before or at the time of the fatality or near fatality;

             (3) Whether the agency which provides child welfare services made any referrals for child welfare services for the child or for a member of the child’s family or household before or at the time of the fatality or near fatality;

             (4) Whether the agency which provides child welfare services took any other actions concerning the welfare of the child before or at the time of the fatality or near fatality; and

             (5) A summary of the status of the child’s case at the time of the fatality or near fatality, including, without limitation, whether the child’s case was closed by the agency which provides child welfare services before the fatality or near fatality and, if so, the reasons that the case was closed; and

      (f) Whether the agency which provides child welfare services, in response to the fatality or near fatality:

             (1) Has provided or intends to provide child welfare services to the child or to a member of the child’s family or household;

             (2) Has made or intends to make a referral for child welfare services for the child or for a member of the child’s family or household; and

             (3) Has taken or intends to take any other action concerning the welfare and safety of the child or any member of the child’s family or household.

      2.  An agency which provides child welfare services shall not disclose the following data or information pursuant to subsection 1:

      (a) Except as otherwise provided in [subsection 3 of] NRS 432B.290, data or information concerning the identity of the person responsible for reporting the abuse or neglect of the child to a public agency;

      (b) The name of the child who suffered a near fatality or the name of any member of the family or other person who lives in the household of the child who suffered the fatality or near fatality;

      (c) A privileged communication between an attorney and client; and

      (d) Information that may undermine a criminal investigation or pending criminal prosecution.

      3.  The Division of Child and Family Services shall adopt regulations to carry out the provisions of this section.

      4.  As used in this section, “near fatality” means an act that places a child in serious or critical condition as verified orally or in writing by a physician, a registered nurse or other licensed provider of health care.

 


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physician, a registered nurse or other licensed provider of health care. Such verification may be given in person or by telephone, mail, electronic mail or facsimile.

      Sec. 4.6. NRS 432B.280 is hereby amended to read as follows:

      432B.280  1.  Except as otherwise provided in NRS 239.0115, 432B.165, 432B.175 and 439.538 and except as otherwise authorized or required pursuant to NRS 432B.290, information maintained by an agency which provides child welfare services, including, without limitation, reports and investigations made pursuant to this chapter, [as well as all records concerning these reports and investigations thereof, are] is confidential.

      2.  Any person, law enforcement agency or public agency, institution or facility who willfully releases [data] or [information concerning] disseminates such [reports and investigations,] information, except:

      (a) Pursuant to a criminal prosecution relating to the abuse or neglect of a child;

      (b) As otherwise authorized pursuant to NRS 432B.165 and 432B.175;

      (c) As otherwise authorized or required pursuant to NRS 432B.290;

      (d) As otherwise authorized or required pursuant to NRS 439.538; or

      (e) As otherwise required pursuant to NRS 432B.513,

Ê is guilty of a gross misdemeanor.

      Sec. 4.8. NRS 432B.290 is hereby amended to read as follows:

      432B.290  1.  Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.

      2.  Except as otherwise provided in [subsections 2 and 3] this section and NRS 432B.165, 432B.175 and 432B.513, [data or] information [concerning reports and investigations thereof made pursuant to this chapter] maintained by an agency which provides child welfare services may , at the discretion of the agency which provides child welfare services, be made available only to:

      (a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;

      (b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

      (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

             (1) The child; or

             (2) The person responsible for the welfare of the child;

      (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

      (e) Except as otherwise provided in paragraph (f), a court [,] other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

      (f) A court as defined in NRS 159.015 to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive;

 


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      (g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

      (h) The attorney and the guardian ad litem of the child [;] , if the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential [;] and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential [;] and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;

      (l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

      (m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

      (n) A team organized pursuant to NRS 432B.350 for the protection of a child;

      (o) A team organized pursuant to NRS 432B.405 to review the death of a child;

      (p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential [;] and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;

      (q) The child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if:

             (1) The child is 14 years of age or older; and

             (2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential [;] and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (r) The persons or agent of the persons who are the subject of a report [;] , if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;

      (s) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

 


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a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

      (t) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized [,] by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;

      (u) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

      (v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

      (w) The Rural Advisory Board to Expedite Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

      (x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;

      (y) An employer in accordance with subsection 3 of NRS 432.100; or

      (z) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim of a crime that constitutes domestic violence.

      [2.]3.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

      (a) A copy of:

             (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

             (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

      (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect [.

      3.  An agency which provides child welfare services shall disclose the identity of a person who makes a report or otherwise initiates an investigation pursuant to this chapter if a court, after reviewing the record in camera and determining that there is reason to believe that the person knowingly made a false report, orders the disclosure.] or any collateral sources and reporting parties.

      4.  Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.

 


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protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.

      5.  The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.

      6.  A person who is the subject of an unsubstantiated report of child abuse or neglect made pursuant to this chapter and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.

      7.  If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.

      8.  Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.

      9.  An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect.

      10.  Any person, except for:

      (a) [The subject of a report;

      (b)] A district attorney or other law enforcement officer initiating legal proceedings; or

      [(c)](b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

Ê who is [given access, pursuant to subsection 1, to] provided with information [identifying the subjects of a report] maintained by an agency which provides child welfare services and further disseminates this information, or who makes this information public , is guilty of a gross misdemeanor.

 


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which provides child welfare services and further disseminates this information, or who makes this information public , is guilty of a gross misdemeanor.

      [5.  The Division of Child and Family Services]

      11.  An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.

      12.  An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.

      Sec. 5.  This act becomes effective on July 1, 2013.

________

CHAPTER 156, SB 106

Senate Bill No. 106–Committee on Judiciary

 

CHAPTER 156

 

[Approved: May 25, 2013]

 

AN ACT relating to judicial administration; revising provisions governing the collection of delinquent fines, administrative assessments, fees, restitution and other payments imposed in criminal and juvenile court proceedings; revising provisions governing the appointment of an attorney in juvenile court proceedings; authorizing a juvenile court to establish a restitution contribution fund; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes a court to impose a collection fee for certain delinquent fines, administrative assessments, fees and restitution and authorizes the court to take certain actions to collect such delinquent payments. (NRS 176.064) Section 1 of this bill authorizes the court to enter a civil judgment for the amount of any unpaid fines, administrative assessments, fees and restitution imposed against a criminal defendant. Under section 1, the civil judgment may be enforced and renewed in the same manner as a judgment for money rendered in a civil action, and a person who is not indigent and who has not satisfied the civil judgment within a certain period may be punished for contempt. Section 1 also revises the purposes for which money collected from collection fees imposed by a court may be used. Section 4 of this bill authorizes a juvenile court to impose the same collection fees for delinquent fines, administrative assessments, fees, restitution and certain other payments as a court may impose against a criminal defendant pursuant to section 1. Section 4 authorizes a juvenile court to enter a civil judgment against a child or the parent or guardian of the child for any delinquent fines, administrative assessments, fees, restitution or other payments required in a juvenile court proceeding and authorizes the juvenile court to take certain actions if the juvenile court has entered such a civil judgment. Moreover, if the juvenile court has entered a civil judgment against a person who is not indigent and the juvenile court determines that the person has failed to make reasonable efforts to satisfy the civil judgment, section 4 authorizes the juvenile court to punish the person for contempt. Section 4 also provides that if a civil judgment entered by the juvenile court is unsatisfied and the person against whom the judgment is entered is convicted of a crime, the unsatisfied portion of the civil judgment must be included in the sentence for that crime.

 


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      Existing law requires a juvenile court to appoint an attorney to represent a child who is alleged to be delinquent or in need of supervision under certain circumstances. If the parent or guardian of a child for whom the juvenile court has appointed an attorney is not indigent, the parent or guardian is required to pay the reasonable fees and expenses of the attorney. If the parent or guardian of the child is indigent, the juvenile court may order the parent or guardian to reimburse the county or State in accordance with his or her ability to pay. (NRS 62D.030) Under section 7 of this bill, the juvenile court is required to find that the parent or guardian of a child is indigent if the parent or guardian: (1) receives public assistance, resides in public housing, has an income that is less than 200 percent of the federally designated poverty standard, is incarcerated or is housed in a public or private mental health facility; or (2) is financially unable, without substantial hardship to the parent or guardian or his or her dependents, to obtain qualified and competent legal counsel.

      Section 9 of this bill authorizes a juvenile court to establish a restitution contribution fund. Under section 9, all expenditures from the restitution contribution fund: (1) must be authorized by the juvenile court; and (2) must provide restitution to victims of unlawful acts committed by children or, if the source of the money is a grant, gift, donation, bequest or devise, must be made in accordance with the terms of the grant, gift, donation, bequest or devise. Section 6 of this bill authorizes an agreement for the informal supervision of a child to require the child to make a monetary contribution to a restitution contribution 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. NRS 176.064 is hereby amended to read as follows:

      176.064  1.  If a fine, administrative assessment, fee or restitution is imposed upon a defendant pursuant to this chapter, whether or not the fine, administrative assessment, fee or restitution is in addition to any other punishment, and the fine, administrative assessment, fee or restitution or any part of it remains unpaid after the time established by the court for its payment, the defendant is liable for a collection fee, to be imposed by the court at the time it finds that the fine, administrative assessment, fee or restitution is delinquent, of:

      (a) Not more than $100, if the amount of the delinquency is less than $2,000.

      (b) Not more than $500, if the amount of the delinquency is $2,000 or greater, but is less than $5,000.

      (c) Ten percent of the amount of the delinquency, if the amount of the delinquency is $5,000 or greater.

      2.  A state or local entity that is responsible for collecting a delinquent fine, administrative assessment, fee or restitution may, in addition to attempting to collect the fine, administrative assessment, fee or restitution through any other lawful means, take any or all of the following actions:

      (a) Report the delinquency to reporting agencies that assemble or evaluate information concerning credit.

      (b) Request that the court take appropriate action pursuant to subsection 3.

      (c) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent amount and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 1, in accordance with the provisions of the contract.

 


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      3.  The court may, on its own motion or at the request of a state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution, take any or all of the following actions, in the following order of priority if practicable:

      (a) Enter a civil judgment for the amount due in favor of the state or local entity that is responsible for collecting the delinquent fine, administrative assessment, fee or restitution. A civil judgment entered pursuant to this paragraph may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action. If the court has entered a civil judgment pursuant to this paragraph and the person against whom the judgment is entered is not indigent and has not satisfied the judgment within the time established by the court, the person may be dealt with as for contempt of court.

      (b) Request that a prosecuting attorney undertake collection of the delinquency, including, without limitation, the original amount of the civil judgment entered pursuant to paragraph (a) and the collection fee, by attachment or garnishment of the defendant’s property, wages or other money receivable.

      [(b)](c) Order the suspension of the driver’s license of the defendant. If the defendant does not possess a driver’s license, the court may prohibit the defendant from applying for a driver’s license for a specified period. If the defendant is already the subject of a court order suspending or delaying the issuance of the defendant’s driver’s license, the court may order the additional suspension or delay, as appropriate, to apply consecutively with the previous order. At the time the court issues an order suspending the driver’s license of a defendant pursuant to this paragraph, the court shall require the defendant to surrender to the court all driver’s licenses then held by the defendant. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. At the time the court issues an order pursuant to this paragraph delaying the ability of a defendant to apply for a driver’s license, the court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the defendant’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

      [(c)](d) For a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

      4.  Money collected from a collection fee imposed pursuant to subsection 1 must be distributed in the following manner:

      (a) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a municipal court, the money must be deposited in a special fund in the appropriate city treasury. The city may use the money in the fund only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution [.] and to hire additional personnel necessary for the success of such a program.

      (b) Except as otherwise provided in paragraph (d), if the money is collected by or on behalf of a justice court or district court, the money must be deposited in a special fund in the appropriate county treasury.

 


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be deposited in a special fund in the appropriate county treasury. The county may use the money in the special fund only to [develop] :

            (1) Develop and implement a program for the collection of fines, administrative assessments, fees and restitution [.] and to hire additional personnel necessary for the success of such a program; or

             (2) Improve the operations of a court by providing funding for:

                   (I) A civil law self-help center; or

                   (II) Court security personnel and equipment for a regional justice center that includes the justice courts of that county.

      (c) Except as otherwise provided in paragraph (d), if the money is collected by a state entity, the money must be deposited in an account, which is hereby created in the State Treasury. The Court Administrator may use the money in the account only to develop and implement a program for the collection of fines, administrative assessments, fees and restitution in this State [.] and to hire additional personnel necessary for the success of such a program.

      (d) If the money is collected by a collection agency, after the collection agency has been paid its fee pursuant to the terms of the contract, any remaining money must be deposited in the state, city or county treasury, whichever is appropriate, to be used only for the purposes set forth in paragraph (a), (b) or (c) of this subsection.

      Sec. 2. NRS 176.065 is hereby amended to read as follows:

      176.065  1.  Except as otherwise provided in subsection 2, when a person is sentenced to both fine and imprisonment, or to pay a forfeiture in addition to imprisonment, the court may, pursuant to NRS 176.064, or section 4 of this act, order that the person be confined in the state prison, the city or county jail or a detention facility, whichever is designated in the person’s sentence of imprisonment, for an additional period of 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied or the maximum term of imprisonment prescribed by law for the offense committed has elapsed, whichever is earlier, but the person’s eligibility for parole is governed only by the person’s sentence of imprisonment.

      2.  The provisions of this section do not apply to indigent persons.

      Sec. 3. NRS 176.075 is hereby amended to read as follows:

      176.075  1.  Except as otherwise provided in subsection 2, when a person is sentenced to pay a fine or forfeiture without an accompanying sentence of imprisonment, the court may, pursuant to NRS 176.064, or section 4 of this act, order that the person be confined in the city or county jail or detention facility for a period of not more than 1 day for each $75 of the amount until the administrative assessment and the fine or forfeiture are satisfied.

      2.  The provisions of this section do not apply to indigent persons.

      Sec. 4. Chapter 62B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection, if, pursuant to this title, a child or a parent or guardian of a child is ordered by the juvenile court to pay a fine, administrative assessment, fee or restitution or to make any other payment and the fine, administrative assessment, fee, restitution or other payment or any part of it remains unpaid after the time established by the juvenile court for its payment, the juvenile court may enter a civil judgment against the child or the parent or guardian of the child for the amount due in favor of the victim, the state or local entity to whom the amount is owed or both.

 


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amount due in favor of the victim, the state or local entity to whom the amount is owed or both. The juvenile court may not enter a civil judgment against a person who is a child unless the person has attained the age of 18 years, the person is a child who is determined to be outside the jurisdiction of the juvenile court pursuant to NRS 62B.330 or 62B.335 or the person is a child who is certified for proper criminal proceedings as an adult pursuant to NRS 62B.390.

      2.  Notwithstanding the termination of the jurisdiction of the juvenile court pursuant to NRS 62B.410 or the termination of any period of supervision or probation ordered by the juvenile court, the juvenile court retains jurisdiction over any civil judgment entered pursuant to subsection 1 and retains jurisdiction over the person against whom a civil judgment is entered pursuant to subsection 1. The juvenile court may supervise the civil judgment and take any of the actions authorized by the laws of this State.

      3.  A civil judgment entered pursuant to subsection 1 may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action.

      4.  If the juvenile court enters a civil judgment pursuant to subsection 1, the person or persons against whom the judgment is issued is liable for a collection fee, to be imposed by the juvenile court at the time the civil judgment is issued, of:

      (a) Not more than $100, if the amount of the judgment is less than $2,000.

      (b) Not more than $500, if the amount of the judgment is $2,000 or greater, but is less than $5,000.

      (c) Ten percent of the amount of the judgment, if the amount of the judgment is $5,000 or greater.

      5.  In addition to attempting to collect the judgment through any other lawful means, a victim, a representative of the victim or a state or local entity that is responsible for collecting a civil judgment entered pursuant to subsection 1 may take any or all of the following actions:

      (a) Except as otherwise provided in this paragraph, report the judgment to reporting agencies that assemble or evaluate information concerning credit. If the judgment was entered against a person who was less than 21 years of age at the time the judgment was entered, the judgment cannot be reported pursuant to this paragraph until the person reaches 21 years of age.

      (b) Request that the juvenile court take appropriate action pursuant to subsection 6.

      (c) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the judgment and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 4, in accordance with the provisions of the contract.

      6.  If the juvenile court determines that a child or the parent or guardian of a child against whom a civil judgment has been entered pursuant to subsection 1 has failed to make reasonable efforts to satisfy the civil judgment, the juvenile court may take any of the following actions:

      (a) Order the suspension of the driver’s license of a child for a period not to exceed 1 year. If the child is already the subject of a court order suspending the driver’s license of the child, the juvenile court may order the additional suspension to apply consecutively with the previous order. At the time the juvenile court issues an order suspending the driver’s license of a child pursuant to this paragraph, the juvenile court shall require the child to surrender to the juvenile court all driver’s licenses then held by the child.

 


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the time the juvenile court issues an order suspending the driver’s license of a child pursuant to this paragraph, the juvenile court shall require the child to surrender to the juvenile court all driver’s licenses then held by the child. The juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the driving record of a child, but such a suspension must not be considered for the purpose of rating or underwriting.

      (b) If a child does not possess a driver’s license, prohibit the child from applying for a driver’s license for a period not to exceed 1 year. If the child is already the subject of a court order delaying the issuance of a license to drive, the juvenile court may order any additional delay in the ability of the child to apply for a driver’s license to apply consecutively with the previous order. At the time the juvenile court issues an order pursuant to this paragraph delaying the ability of a child to apply for a driver’s license, the juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order.

      (c) If the civil judgment was issued for a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

      (d) Enter a finding of contempt against a child or the parent or guardian of a child and punish the child or the parent or guardian for contempt in the manner provided in NRS 62E.040. A person who is indigent may not be punished for contempt pursuant to this subsection.

      7.  Money collected from a collection fee imposed pursuant to subsection 4 must be deposited and used in the manner set forth in subsection 4 of NRS 176.064.

      8.  If the juvenile court enters a civil judgment pursuant to subsection 1 and the person against whom the judgment is entered is convicted of a crime before he or she satisfies the civil judgment, the court sentencing the person for that crime shall include in the sentence the civil judgment or such portion of the civil judgment that remains unpaid.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 62C.210 is hereby amended to read as follows:

      62C.210  1.  An agreement for informal supervision may require the child to:

      (a) Perform community service , [or] provide restitution to any victim of the acts for which the child was referred to the probation officer [;] or make a monetary contribution to a restitution contribution fund established pursuant to section 9 of this act;

      (b) Participate in a program of restitution through work that is established pursuant to NRS 62E.580 if the child:

             (1) Is 14 years of age or older;

             (2) Has never been found to be within the purview of this title for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction, unless the probation officer determines that the child would benefit from the program;

             (3) Is required to provide restitution to a victim; and

 


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             (4) Voluntarily agrees to participate in the program of restitution through work;

      (c) Complete a program of cognitive training and human development pursuant to NRS 62E.220 if:

             (1) The child has never been found to be within the purview of this title; and

             (2) The unlawful act for which the child is found to be within the purview of this title did not involve the use or threatened use of force or violence against a victim; or

      (d) Engage in any combination of the activities set forth in this subsection.

      2.  If the agreement for informal supervision requires the child to participate in a program of restitution through work or complete a program of cognitive training and human development, the agreement may also require any or all of the following, in the following order of priority if practicable:

      (a) The child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay the costs associated with the participation of the child in the program, including, but not limited to:

             (1) A reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and